Microsoft Corporation v. Duong Dinh Tu et al
| ABC and Microsoft Corporation |
| DEF, Duong Dinh Tu, Linh Van Nguyen and Tai Van Nguyen |
| 1:2023cv10685 |
| December 7, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Trademark |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 12/20/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 28 TRANSCRIPT of Proceedings re: oral argument held on 12/20/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2024. Redacted Transcript Deadline set for 2/9/2024. Release of Transcript Restriction set for 4/8/2024..(McGuirk, Kelly) |
Filing 27
MEMO ENDORSEMENT on re: #25 Letter filed by Microsoft Corporation ENDORSEMENT: The Court thanks counsel for this update. In view of the above suggested course of action, Microsoft shall submit a status update to this Court every 90 days, with the first being due April 3, 2024, detailing its progress in discovery and any other developments bearing on a potential motion for default judgment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/4/2024) (ks)
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| Filing 26 DECLARATION of Jason Rozbruch Regarding Service on Defendants of the Preliminary Injunction Order. Document filed by Microsoft Corporation..(Rozbruch, Jason) |
| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Brian T. Markley dated January 4, 2024 re: Continued Prosecution of this Action. Document filed by Microsoft Corporation..(Markley, Brian) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Preliminary Injunction Conference held on 12/20/2023. Court reporter present. (ajs) |
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Filing 24
ORDER: In a separate order today, the Court granted Microsoft Corporation's ("Microsoft") proposed order for a preliminary injunction. Microsoft is directed to serve the preliminary injunction on defendants forthwith by all previously identified means. Counsel for Microsoft is further directed to file, by January 5, 2024, a declaration attesting to the manner and timing of such service. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/2023) (ks)
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Filing 23
ORDER FOR PRELIMINARY INJUNCTION: IT IS THEREFORE ORDERED as follows: Defendants, their representatives, and persons who are in active concert or participation with them are temporarily restrained and enjoined from: making or causing others to make false or misleading representations or omissions to obtain any access to any Microsoft accounts or services; using Internet "bots" to improperly access Microsoft's security systems; using Internet "bots" to deceive Microsoft's security systems into believing that they are legitimate human consumers of Microsoft services; creating Microsoft Outlook email accounts in names of fictitious users or otherwise in violation of Microsoft's Services Agreement; selling those fraudulently-procured accounts to cybercriminals for use as tools in perpetrating a wide variety of online crimes; and otherwise configuring, deploying, operating, or maintaining the Hotmailbox and 1stCAPTCHA Websites. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/2023) (ks)
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Filing 22
ORDER granting #21 Letter Motion for Conference re: #21 LETTER MOTION for Conference ; Request for Microsoft Representatives to Appear at the December 20 Hearing Telephonically addressed to Judge Paul A. Engelmayer from Brian T. Markley dated December 19, 2023. GRANTED. The two Microsoft client representatives can audit the hearing by telephone. To do so, they can dial into the Court's dedicated conference line, 888-363-4749, and use the following conference code for access: 468-4906. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 12/19/2023) (ks)
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| Filing 21 LETTER MOTION for Conference ; Request for Microsoft Representatives to Appear at the December 20 Hearing Telephonically addressed to Judge Paul A. Engelmayer from Brian T. Markley dated December 19, 2023. Document filed by Microsoft Corporation..(Markley, Brian) |
| Filing 20 LETTER addressed to Judge Paul A. Engelmayer from Brian T. Markley dated December 18, 2023 re: Status of Service on Defendants and Proposed Order for Preliminary Injunction. Document filed by Microsoft Corporation. (Attachments: #1 Exhibit 1: [Proposed] Order for Preliminary Injunction, #2 Appendix A: List of Internet Domains).(Markley, Brian) |
| Filing 19 DECLARATION OF JASON ROZBRUCH IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: (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).***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 18 DECLARATION OF PATRICE BOFFA IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: (Attachments: #1 Exhibit 1).***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 17 DECLARATION OF CHRISTOPHER STANGL IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: (Attachments: #1 Exhibit 1). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 16 DECLARATION OF MAURICE MASON IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 15 DECLARATION OF JASON LYONS IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 14 DECLARATION OF SHINESA CAMBRIC IN SUPPORT OF PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: (Attachments: #1 Exhibit 1, #2 Exhibit 2). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 13 PLAINTIFF MICROSOFTS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
| Filing 12 PLAINTIFF MICROSOFTS MOTION FOR AN EMERGENCY EXPARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5*** Document filed by Microsoft Corporation..(js) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***. No Corporate Parent. Document filed by Microsoft Corporation.(js) |
| Filing 10 COMPLAINT: (Attachments: #1 Exhibit A, #2 Exhibit B). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***..(js) |
| Filing 9 SUMMONS ISSUED as to Linh Van Nguyen. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***..(js) |
| Filing 8 SUMMONS ISSUED as to Tai Van Nguyen. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***..(js) |
| Filing 7 SUMMONS ISSUED as to Duong Dinh Tu ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***..(js) |
| Filing 6 CIVIL COVER SHEET filed: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5***.(js) |
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Filing 5
MEMO ENDORSEMENT ON LETTER: ENDORSEMENT: The Court appreciates this update. In accordance with Judge Liman's order dated December 6, 2023, the Clerk of Court is respectfully requested to unseal the above captioned case, and this letter too is to be publicly filed. So Ordered. (Signed by Judge Paul A. Engelmayer on 12/13/2023) (js)
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| Filing 4 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 3 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 2 SEALED DOCUMENT placed in vault. (nmo) |
| Magistrate Judge Stewart D. Aaron 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. (nmo) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Lewis J. Liman on 12/06/2023) (nmo)
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