Panini America, Inc. v. Fanatics, Inc et al
| Panini America, Inc. |
| Fanatics, Inc., Fanatics, LLC, Fanatics Collectibles Intermediate Holdco, Inc., Fanatics SPV, LLC and Fanatics Holdings, Inc. |
| 1:2023cv09714 |
| November 3, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Anti-Trust |
| 28 U.S.C. § 1331 at Fed. Question: Anti-trust |
| Plaintiff |
Docket Report
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| Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION to Dismiss the Amended Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
| Filing 99 MOTION to Dismiss the Amended Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
Filing 98
ORDER: granting #97 Letter Motion for Leave to File Excess Pages. Application Granted. The Clerk of Court is directed to terminate ECF No. 97. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/01/2023) (ama)
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| Filing 97 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jennifer H. Rearden from Lawrence E. Buterman dated December 1, 2023. Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
| Filing 96 MOTION for David Matthew Allen, Gary Lee Sasso, John Ernest Clabby, and Sarah Jane Barney to Withdraw as Attorney for Plaintiff Panini America, Inc. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit in Support of Motion to Withdraw, #2 Proposed Order Granting Motion to Withdraw).(Singer, Stuart) |
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Filing 95
ORDER granting #88 Motion for Ursula Ungaro to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 94
ORDER granting #87 Motion for James Denvir to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 93
ORDER granting #86 Motion for Richard Feinstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 92
ORDER granting #85 Motion for Jason Hilborn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 91
ORDER granting #84 Motion for Sabria McElroy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 90
ORDER granting #82 Motion for Stuart Singer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 89
ORDER: Having reviewed the parties' submissions dated November 21 and November 22, 2023 (ECF Nos. 81 and 83), the Court hereby orders the following briefing schedule for the parties' motions to dismiss: opening briefs are due December 8, 2023; opposition papers are due January 12, 2024; and replies are due February 2, 2024. SO ORDERED. (Motions due by 12/8/2023. Responses due by 1/12/2024. Replies due by 2/2/2024.) (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (kpk)
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| Filing 88 MOTION for Ursula Ungaro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit Florida Certificate of Good Standing, #3 Proposed Order Proposed Order).(Ungaro, Ursula) |
| Filing 87 MOTION for James Denvir to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606294. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit DC Certificate of Good Standing, #3 Proposed Order Proposed Order).(Denvir, James) |
| Filing 86 MOTION for Richard Feinstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit Massachusetts Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Proposed Order Proposed Order).(Feinstein, Richard) |
| Filing 85 MOTION to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606089. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit New York Certificate of Good Standing, #3 Exhibit Florida Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Proposed Order Proposed Order).(Hilborn, Jason) |
| Filing 84 MOTION for Sabria McElroy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606017. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit New York Certificate of Good Standing, #3 Exhibit Florida Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Proposed Order Proposed Order).(McElroy, Sabria) |
| Filing 83 LETTER RESPONSE to Motion addressed to Judge Jennifer H. Rearden from Lawrence E. Buterman dated November 22, 2023 re: #81 LETTER MOTION for Leave to File addressed to Judge Jennifer H. Rearden from David Boies dated November 21, 2023. . Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
| Filing 82 MOTION for Stuart Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28605856. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Panini America, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit Florida Certificate of Good Standing, #3 Proposed Order Proposed Order).(Singer, Stuart) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for Stuart Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28605856. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #88 MOTION for Ursula Ungaro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606328. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #85 MOTION to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606089. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for James Denvir to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606294. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #86 MOTION for Richard Feinstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606166. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #84 MOTION for Sabria McElroy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28606017. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 81 LETTER MOTION for Leave to File addressed to Judge Jennifer H. Rearden from David Boies dated November 21, 2023. Document filed by Panini America, Inc...(Boies, David) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06895-MKV. Notice of Assignment to follow. (tro) |
| Filing 80 LETTER addressed to Judge Jennifer H. Rearden from David Boies dated November 10, 2023 re: Response to Fanatics's letter dated November 9, 2023 [Dkt. 79]. Document filed by Panini America, Inc...(Boies, David) |
| Filing 79 LETTER addressed to Judge Jennifer H. Rearden from Lawrence E. Buterman dated November 9, 2023 re: Response to Letter dated November 8, 2023. Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
| Filing 78 LETTER addressed to Judge Jennifer H. Rearden from David Boies dated November 8, 2023 re: Related Case and Defendants' Letter Request Dated November 7, 2023 (Dkt. No. 77). Document filed by Panini America, Inc...(Boies, David) |
| Filing 77 LETTER addressed to Judge Jennifer H. Rearden from Lawrence E. Buterman and Michael B. Carlinsky dated November 7, 2023 re: Notice of Related Case and Transfer Request Pursuant to Local Civil Rule 1.6(a). Document filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings, Inc., Fanatics SPV, LLC, Fanatics, Inc., Fanatics, LLC..(Buterman, Lawrence) |
| Filing 76 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 8:23-cv-01721. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
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Filing 75
Order. Defendants' #24 Motion to Transfer is GRANTED. Defendants' #26 Request for Oral Argument is DENIED AS MOOT. The Clerk is directed to TRANSFER this case to the United States District Court for the Southern District of New York. Following transfer, the Clerk is directed to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 10/31/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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Filing 74
CASE MANAGEMENT AND SCHEDULING ORDER: Fact discovery due by October 4, 2024. Expert discovery due by February 28, 2025. Dispositive motions due by May 29, 2025. Pretrial Conference scheduled for December 1, 2025, at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the January 2026 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by June 2, 2025. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 10/25/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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Filing 73
ENDORSED ORDER: Finding good cause, the parties' #72 motion for extension of time is granted. Fanatics's responsive pleading or answer to the #69 Amended Complaint is due November 7, 2023. If a motion is filed, Panini's response is due December 5, 2023. Signed by Judge Kathryn Kimball Mizelle on 10/23/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 72 Joint MOTION for Extension of Time to File Response/Reply Amended Complaint and Plaintiff's deadline to Oppose Any Motion to Dismiss by All Defendants. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 71 CASE MANAGEMENT REPORT. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 70
ENDORSED ORDER: In the light of the #69 Amended Complaint, the Defendants' #61 Motion to Dismiss and #62 request for oral argument are DENIED AS MOOT. Signed by Judge Kathryn Kimball Mizelle on 10/11/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 69 AMENDED COMPLAINT against Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC with Jury Demand. filed by Panini America, Inc.(Singer, Stuart) Modified on 10/11/2023 (CTR). [Transferred from Florida Middle on 11/3/2023.] |
| Filing 68 RESPONSE re #67 Notice of filing supplemental authority filed by Panini America, Inc.. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 67 NOTICE of supplemental authority re #24 MOTION to Change Venue / Transfer Case by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Buterman, Lawrence) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 66
ENDORSED ORDER: Finding good cause, the Court grants the parties' #65 Joint Motion for Extension of Time. Plaintiff's amended complaint or response to the motion to dismiss is due October 10, 2023. The parties' case management report is due October 17, 2023. Signed by Judge Kathryn Kimball Mizelle on 9/28/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 65 Joint MOTION for Extension of Time to File Amended Complaint And For Extension Of Time To File Case Management Report by All Plaintiffs. (Singer, Stuart) Modified text on 9/29/2023 (KME). [Transferred from Florida Middle on 11/3/2023.] |
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Filing 64
ENDORSED ORDER: Finding good cause, the Court grants the parties' #63 Joint Motion for Extension of Time. The parties' case management report is due September 29, 2023. Signed by Judge Kathryn Kimball Mizelle on 9/26/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 63 Joint MOTION for Extension of Time to File Case Management Report by All Defendants. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 62 REQUEST for oral argument re #61 MOTION to Dismiss Complaint by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Buterman, Lawrence) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 61 MOTION to Dismiss Complaint by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Buterman, Lawrence) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 60 DECLARATION of Christopher S. Yates re #59 Reply to Response to Motion by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit, #3 Exhibit 3)(Buterman, Lawrence) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 59 REPLY to Response to Motion re #24 MOTION to Change Venue / Transfer Case filed by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Buterman, Lawrence) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 58
ENDORSED ORDER: The Defendants' #57 Motion for Leave to File a Reply is GRANTED. By September 6, 2023, the Defendants may file a Reply in Support of their Motion to Transfer not to exceed six pages. Signed by Judge Kathryn Kimball Mizelle on 8/31/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 57 MOTION for Leave to File Other Document: Reply to #49 Plaintiff's Memorandum in Opposition to Defendants' Motion to Transfer by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Buterman, Lawrence) Modified text and linked proper docket on 8/31/2023 (GL). [Transferred from Florida Middle on 11/3/2023.] |
| Filing 56 NOTICE of compliance re 36 Order on Motion to Appear Pro Hac Vice by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 55 RETURN of service executed on 08/10/2023 by Panini America, Inc. as to Fanatics Collectibles Intermediate Holdco, Inc.. (Attachments: #1 Affidavit 2023-08-07 Return of Process FANATICS COLLECTIBLES INTERMEDIATE HOLDCO, INC., #2 Affidavit 2023-08-08 Return of Service FANATICS COLLECTIBLES INTERMEDIATE HOLDCO, INC)(Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 54 RETURN of service executed on 08/07/2023 by Panini America, Inc. as to Fanatics, LLC. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 53 RETURN of service executed on 08/07/2023 by Panini America, Inc. as to Fanatics, Inc. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 52 RETURN of service executed on 08/07/2023 by Panini America, Inc. as to Fanatics SPV, LLC. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 51 RETURN of service executed on 08/07/2023 by Panini America, Inc. as to Fanatics Holdings Inc.. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 50 DECLARATION of Jason Hilborn re #49 Memorandum in opposition by Panini America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68)(Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 49 MEMORANDUM in opposition re #24 Motion to Change Venue / Transfer Case filed by Panini America, Inc.. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 48 **Contacted counsel to refile using correct event code: summons returned executed per defendant** PROOF of service by Panini America, Inc. (Singer, Stuart) Modified text on 8/28/2023 (MCB). [Transferred from Florida Middle on 11/3/2023.] |
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Filing 47
ENDORSED ORDER: Finding good cause, the Court GRANTS the Defendants' #45 Unopposed Motion for Extension of Time. By September 11, 2023, the Defendants must respond to the Plaintiff's complaint. The Defendants' #46 Unopposed Motion for Leave to File a Motion in Excess of Twenty-Five Pages is also GRANTED. The Defendants' motion in response to the complaint may not exceed thirty-five pages. Signed by Judge Kathryn Kimball Mizelle on 8/25/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 46 Unopposed MOTION to File Excess Pages by All Defendants. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 45 Unopposed MOTION for Extension of Time to File Response to the Complaint (Motion for Extensions of the August 28, 2023 and August 31, 2023 Deadlines) by All Defendants. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 44 NOTICE of compliance re 12 Order on Motion to Appear Pro Hac Vice by Panini America, Inc. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 43
ORDER: The Defendants' #27 Motion to Stay is DENIED. Signed by Judge Kathryn Kimball Mizelle on 8/24/2023. (ALE) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 42 MEMORANDUM in opposition re #27 Motion to Stay filed by Panini America, Inc.. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 41 NOTICE of Appearance by Jesse Michael Panuccio on behalf of Panini America, Inc. (Panuccio, Jesse) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 40 NOTICE of Appearance by Sarah Jane Barney on behalf of Panini America, Inc. (Barney, Sarah) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 39 NOTICE of Appearance by John Ernest Clabby on behalf of Panini America, Inc. (Clabby, John) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 38 NOTICE of Appearance by David Matthew Allen on behalf of Panini America, Inc. (Allen, David) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 37 NOTICE of Appearance by Gary Lee Sasso on behalf of Panini America, Inc. (Sasso, Gary) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 36
ENDORSED ORDER granting #30 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice; granting #32 Motion to Appear Pro Hac Vice. Attorneys Michael B. Carlinsky, Christopher G. Michel, and Derek L. Shaffer may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 8/17/2023. (EPW) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 35 NOTICE of compliance re 28 Order on Motion to Appear Pro Hac Vice by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 34 NOTICE of a related action per Local Rule 1.07(c) by Panini America, Inc.. Related case(s): Yes (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement re #6 Standing Order by Panini America, Inc.. (Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 32 Unopposed MOTION for Michael B. Carlinsky to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21158955 for $150 by All Defendants. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 31 Unopposed MOTION for Christopher G. Michel to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21158935 for $150 by All Defendants. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 30 Unopposed MOTION for Derek L. Shaffer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21158919 for $150 by All Defendants. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
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Filing 29
ENDORSED ORDER: Panini America is directed to respond to the motion to stay #27 by August 21, 2023. Signed by Judge Kathryn Kimball Mizelle on 8/15/2023. (MEV) [Transferred from Florida Middle on 11/3/2023.]
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Filing 28
ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice; granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice. Attorneys Christopher S. Yates, Amanda P. Reeves, and Lawrence E. Buterman may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 8/15/2023. (EPW) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 27 MOTION to Stay Case pending resolution of Motion to Transfer by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Schifino, William) Modified to edit docket text on 8/15/2023 (HAI). [Transferred from Florida Middle on 11/3/2023.] |
| Filing 26 REQUEST for oral argument re #24 MOTION to Change Venue / Transfer Case by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 25 DECLARATION of LAWRENCE E. BUTERMAN re #24 MOTION to Change Venue / Transfer Case by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 24 MOTION to Change Venue / Transfer Case by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Attachments: #1 Exhibit Declaration of Gregg Winiarski)(Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Fanatics SPV, LLC. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Fanatics, LLC. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Fanatics, Inc. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Fanatics Holdings Inc.. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Fanatics Collectibles Intermediate Holdco, Inc.. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. Related case(s): Yes (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 17 Unopposed MOTION for Lawrence E. Buterman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21147544 for $150 by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 16 Unopposed MOTION for Amanda P. Reeves to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21147541 for $150 by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 15 Unopposed MOTION for Christopher S. Yates to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21147540 for $150 by Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (Schifino, William) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 14 NOTICE of Lead Counsel Designation by William J. Schifino, Jr on behalf of Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. Lead Counsel: William J. Schifino, Jr.. (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 13 NOTICE of Appearance by William J. Schifino, Jr on behalf of Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC (Schifino, William) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 12
ENDORSED ORDER granting #8 Motion to Appear Pro Hac Vice; granting #9 Motion to Appear Pro Hac Vice; granting #10 Motion to Appear Pro Hac Vice; granting #11 Motion to Appear Pro Hac Vice. Attorneys David Boies, James Denvir, Richard Feinstein, and Sean Rodriguez may appear pro hac vice on behalf of Plaintiff Panini America, Inc. Within twenty-one (21) days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 8/10/2023. (EPW) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 11 MOTION for Sean Rodriguez to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21123596 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A - Cert.- Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 10 MOTION for Richard Feinstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21123590 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A - Cert.- Good Standing, #2 Exhibit B - Cert.-Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 9 MOTION for James Denvir to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21123588 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A - Cert.- Good Standing, #2 Exhibit B - Cert.-Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 8 MOTION for David Boies to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21123420 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A - Cert.-Good Standing, #2 Exhibit B - Cert.-Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 11/3/2023.] |
| Filing 7 SUMMONS issued as to Fanatics Collectibles Intermediate Holdco, Inc., Fanatics Holdings Inc., Fanatics SPV, LLC, Fanatics, Inc, Fanatics, LLC. (ABC) [Transferred from Florida Middle on 11/3/2023.] |
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Filing 6
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 8/3/2023. (MEV) [Transferred from Florida Middle on 11/3/2023.]
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| Filing 5 NOTICE TO COUNSEL Richard Feinstein of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AA) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 4 NOTICE TO COUNSEL David Boies, James P Denvir, Richard Feinstein, Sean Phillips Rodriguez Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AA) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:23-cv-0172-KKM-AEP. (AA) [Transferred from Florida Middle on 11/3/2023.] |
| Filing 2 PROPOSED summons to be issued by Panini America, Inc. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Singer, Stuart) Modified on 8/3/2023 to edit text (ABC). [Transferred from Florida Middle on 11/3/2023.] |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21110069) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Singer, Stuart) [Transferred from Florida Middle on 11/3/2023.] |
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