Broadspring, Inc. v. Congoo, L.L.C. et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:13-cv-01866
District Judge Richard J. Sullivan, presiding
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District Judge Richard J. Sullivan
Last Updated November 1, 2017 at 12:13 AM EDT (8.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Broadspring, Inc., Plaintiff

Represented by Kent, Beatty & Gordon, Llp

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jack A. Gordon +1 212 421 4300 +1 212 421 4303 JAG@KBG-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joshua B Katz +1 212 421 4300 +1 212 421 4303 jbk@kbg-law.com
No Logo 1-10 Does, Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
No Logo Adblade, Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Ashraf Nashed, Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Congoo, L.L.C., Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Eric Clark, Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Rafael Consentino, Counter-Claimant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
v.
No Logo 1-10 Does, Defendant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
No Logo Ashraf Nashed, Defendant

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
Space Samantha V Ettari +1 212 715 9395 +1 212 715 8000 settari@kramerlevin.com
Space Norman C Simon +1 212 715 7816 +1 212 715 8054 nsimon@kramerlevin.com

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
Space Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
Space Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
Space Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Congoo, L.L.C., Defendant

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
Space Samantha V Ettari +1 212 715 9395 +1 212 715 8000 settari@kramerlevin.com
Space Norman C Simon +1 212 715 7816 +1 212 715 8054 nsimon@kramerlevin.com

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
Space Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
Space Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
Space Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Eric Clark, Defendant

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
ATTORNEY TO BE NOTICED Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Rafael Consentino, Defendant

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
Space Samantha V Ettari +1 212 715 9395 +1 212 715 8000 settari@kramerlevin.com
Space Norman C Simon +1 212 715 7816 +1 212 715 8054 nsimon@kramerlevin.com

Represented by Moses & Singer LLP

Name Phone Fax E-Mail
Space Shari Ann Alexander +1 212 554 7800 +1 212 554 7700 salexander@mosessinger.com
Space Jordan Daniel Greenberger +1 212 554 7642 +1 212 554 7700 jgreenberger@mosessinger.com
Space Jennifer Patricia Nigro +1 212 554 7808 +1 212 554 7700 jnigro@mosessinger.com
LEAD ATTORNEY Philippe Zimmerman +1 201 363 1210 +1 917 206 4395 pzimmerman@mosessinger.com
No Logo Broadspring, Inc., Counter-Defendant

Represented by Kent, Beatty & Gordon, Llp

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jack A. Gordon +1 212 421 4300 +1 212 421 4303 JAG@KBG-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joshua B Katz +1 212 421 4300 +1 212 421 4303 jbk@kbg-law.com
Attributes
Citation Section 15 U.S.C. § 1125la
Nature of Suit 450 - Commerce ICC Rates Etc.
Timeline
  Entries (347) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 347 Filed: 5/23/2017, Entered: None Unknown Document Type
SATISFACTION OF JUDGMENT: re: 346 Judgment, entered In favor of Broadspring, Inc. against defendants Congoo, LLC d/b/a Adiant and Adblade, Ashraf Nashed, and Rafael Cosentino in various amounts, and in favor of Defendants against Plaintiff in the amount of $44,702.85, said judgments having been paid in full; and it is certified that there are no outstanding executions with any Sheriff or Marshall; therefore, full and complete satisfaction of said judgment are hereby acknowledged.(dt) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 346 Filed: 5/3/2017, Entered: None Unknown Document TypeCourt Filing
SUPPLEMENTAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs motion for taxation of the costs of Dr. Mangum's deposition is GRANTED. Plaintiffs are entitled to an additional $4,357.50 for the costs of Dr. Mangum's deposition; therefore, in sum, Defendants are entitled to costs in the amount of $44,762.85, and Plaintiff is entitled to costs in the amount of $15,113.07. (Signed by Judge Richard J. Sullivan on 5/3/2017) (kgo) (Entered: 05/03/2017)
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Legal Document (Payment Possibly Required) 345 Filed: 5/2/2017, Entered: None Unknown Document TypeCourt Filing
JOINT LETTER addressed to Judge Richard J. Sullivan from all counsel dated May 2, 2017 re: proposed next steps. Document filed by Broadspring, Inc.. (Attachments: # 1 Text of Proposed Order proposed amended supplemental judgment)(Katz, Joshua) (Entered: 05/02/2017)
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Legal Document (Payment Possibly Required) 344 Filed: 4/20/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Accordingly, IT IS HEREBY ORDERED that, by May 4, 2017, the parties shall submit a joint letter to the Court addressing proposed next steps to be taken in connection with the limited issue of "whether the award of expert deposition costs is required and, if so, whether those costs are reasonable." (Signed by Judge Richard J. Sullivan on 4/20/2017) (ap) (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 343 Filed: 4/12/2017, Entered: None Unknown Document Type
MANDATE of USCA (Certified Copy) as to 341 Notice of Appeal, filed by Broadspring, Inc. USCA Case Number 16-0923-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED in part and VACATED in part, and the matter is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/12/2017. (tp) (Entered: 04/13/2017)
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Legal Document (Payment Possibly Required) 342 Filed: 3/15/2017, Entered: None Unknown Document Type
TRUE COPY ORDER of USCA as to 341 Notice of Appeal, filed by Broadspring, Inc. USCA Case Number 16-923-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the District Court is AFFIRMED in part and VACATED in part, and the matter is REMANDED for further proceedings.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/15/2017. (nd) (Entered: 03/15/2017)
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Legal Document (Payment Possibly Required) 341 Filed: 3/25/2016, Entered: None Unknown Document Type
NOTICE OF APPEAL from 318 Judgment,, 339 Memorandum & Opinion,,,, 340 Supplemental Judgment,,. Document filed by Broadspring, Inc.. Filing fee $ 505.00, receipt number 0208-12108812. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Katz, Joshua) (Entered: 03/25/2016)
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Legal Document (Payment Possibly Required) 340 Filed: 2/25/2016, Entered: None Unknown Document Type
SUPPLEMENTAL JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated February 24, 2016, Defendants' and Plaintiff's motions for taxation of costs are granted in part and denied in part; Defendants are entitled to taxation of costs in the amount of $44,762.85, and Plaintiff is entitled to $10,755.57 in costs; Plaintiff's motions for a permanent injunction, a new trial, and attorneys' fees are denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/25/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 339 Filed: 2/24/2016, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER #106242: re: 311 MOTION for Costs in Advance of Entry of Judgment filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 314 MOTION for Permanent Injunction . MOTION for New Trial MOTION for Attorney Fees filed by Broadspring, Inc., 326 CROSS MOTION to Approve Plaintiff's Proposed Costs filed by Broadspring, Inc. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendants' and Plaintiff's motions for taxation of costs are GRANTED in part and DENIED in part. Defendants are entitled to taxation of costs in the amount of $44,762.85, and Plaintiff is entitled to $10,755.57 in costs. IT IS FURTHER ORDERED THAT Plaintiff's motions for a permanent injunction, a new trial, and attorneys' fees are DENIED. The Clerk of the Court is respectfully directed to terminate the motions at docket numbers 311, 314, and 326, and to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/24/2016) (ama) Modified on 2/24/2016 (ama). Modified on 3/1/2016 (ca). (Entered: 02/24/2016)
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Legal Document (Payment Possibly Required) 338 Filed: 8/20/2014, Entered: None Unknown Document Type
INTERNET CITATION NOTE: Material from decision with Internet citation re: 163 Memorandum & Opinion. (Attachments: # 1 Citation 1, # 2 Citation 2) (vf) (Entered: 12/23/2015)
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Legal Document (Payment Possibly Required) 337 Filed: 4/22/2015, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 326 CROSS MOTION to Approve Plaintiff's Proposed Costs . . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 04/22/2015)
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Legal Document (Payment Possibly Required) 336 Filed: 4/20/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: Plaintiff's request that Defendants' reply brief be stricken is denied. IT IS FURTHER ORDERED THAT Plaintiff shall only address the issues relevant to its cross-motion for costs in its own reply brief due April 22, 2015. (Signed by Judge Richard J. Sullivan on 4/20/2015) (spo) (Entered: 04/21/2015)
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Legal Document (Payment Possibly Required) 335 Filed: 4/17/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Norman C. Simon dated April 17, 2015 re: Response to Plaintiff's Letter of April 17, 2015. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 334 Filed: 4/17/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Jack A. Gordon dated April 17, 2015 re: the pending motions for costs. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 333 Filed: 4/15/2015, Entered: None Unknown Document Type
DECLARATION of Norman C. Simon in Support re: 326 CROSS MOTION to Approve Plaintiff's Proposed Costs ., 311 MOTION for Costs in Advance of Entry of Judgment .. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N)(Simon, Norman) (Entered: 04/15/2015)
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Legal Document (Payment Possibly Required) 332 Filed: 4/15/2015, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 311 MOTION for Costs in Advance of Entry of Judgment ., 326 CROSS MOTION to Approve Plaintiff's Proposed Costs . MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' POST-TRIAL MOTION FOR THE TAXATION OF CERTAIN COSTS & IN OPPOSTION TO PLAINTIFF'S CROSS-MOTION FOR THE TAXATION OF ITS COSTS. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Simon, Norman) (Entered: 04/15/2015)
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Legal Document (Payment Possibly Required) 331 Filed: 4/15/2015, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 314 MOTION for Permanent Injunction . MOTION for New Trial . MOTION for Attorney Fees . . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 04/15/2015)
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Legal Document (Payment Possibly Required) 330 Filed: 4/2/2015, Entered: None Unknown Document TypeCourt Filing
ORDER granting 323 Letter Motion for Extension of Time to File Notice of Taxation of costs. The parties' deadline to file a notice of taxation of costs is adjourned sine die, until after the Court has resolved the pending post-trial motions. (Signed by Judge Richard J. Sullivan on 4/2/2015) (spo) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 329 Filed: 4/2/2015, Entered: None Unknown Document TypeCourt Filing
LETTER RESPONSE to Motion addressed to Judge Richard J. Sullivan from Jack A. Gordon dated April 2, 2015 re: 323 LETTER MOTION for Extension of Time to File Notice of Taxation of Costs addressed to Judge Richard J. Sullivan from Norman C. Simon dated April 1, 2015. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 328 Filed: 4/1/2015, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 311 MOTION for Costs in Advance of Entry of Judgment ., 326 CROSS MOTION to Approve Plaintiff's Proposed Costs . . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 327 Filed: 4/1/2015, Entered: None Unknown Document Type
DECLARATION of Jack A. Gordon in Support re: 326 CROSS MOTION to Approve Plaintiff's Proposed Costs ., 311 MOTION for Costs in Advance of Entry of Judgment .. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Katz, Joshua) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 326 Filed: 4/1/2015, Entered: None Unknown Document Type
CROSS MOTION to Approve Plaintiff's Proposed Costs . Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 325 Filed: 4/1/2015, Entered: None Unknown Document Type
DECLARATION of Norman C. Simon in Opposition re: 314 MOTION for Permanent Injunction . MOTION for New Trial . MOTION for Attorney Fees .. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Simon, Norman) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 324 Filed: 4/1/2015, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 314 MOTION for Permanent Injunction . MOTION for New Trial . MOTION for Attorney Fees . . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Simon, Norman) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 323 Filed: 4/1/2015, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Extension of Time to File Notice of Taxation of Costs addressed to Judge Richard J. Sullivan from Norman C. Simon dated April 1, 2015. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 04/01/2015)
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Legal Document (Payment Possibly Required) 322 Filed: 3/26/2015, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Jack A. Gordon on behalf of Broadspring, Inc.. New Address: Kent, Beatty & Gordon, LLP, Eleven Times Square, New York, NY, 10036, (212) 421-4300. (Gordon, Jack) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 321 Filed: 3/26/2015, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Joshua B Katz on behalf of Broadspring, Inc.. New Address: Kent, Beatty & Gordon, LLP, Eleven Times Square, New York, NY, USA 10036, (212) 421-4300. (Katz, Joshua) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 320 Filed: 3/24/2015, Entered: None Unknown Document TypeCourt Filing
ORDER terminating 319 Letter Motion for Conference. The Court is now in receipt of a pre-motion letter from Plaintiff, dated March 23, 2015, seeking a pre-motion conference with respect to its anticipated motion for costs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Because the Court finds that it would be more efficient to permit Plaintiff to cross-move for costs at this time, IT IS HEREBY ORDERED THAT Plaintiff shall file its motion for costs by April 1, 2015, Defendants shall file their opposition by April 15, 2015, and Plaintiff shall file its reply by April 22, 2015. IT IS FURTHER ORDERED THAT the Court's pre-motion conference requirement is waived. (Signed by Judge Richard J. Sullivan on 3/24/2015) (mro) (Entered: 03/24/2015)
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Legal Document (Payment Possibly Required) 319 Filed: 3/23/2015, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Conference (request for pre-motion conference) addressed to Judge Richard J. Sullivan from Jack A. Gordon dated March 23, 2015. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 318 Filed: 3/18/2015, Entered: None Unknown Document TypeCourt Filing
CIVIL JUDGMENT in favor of Broadspring, Inc. against Congoo, L.L.C., Ashraf Nashed, Rafael Consentino in the amount of $40158.17. It is: ORDERED, ADJUDGED, AND DECREED that Broadspring have judgment in its favor as follows: against Congoo and Cosentino, jointly and severally, in the sum of $158.17; against Congoo in the sum of $10,000.00; against Cosentino in the sum of $25,000.00; and against Nashed in the sum of $5,000.00. SO ORDERED. (See Order.) (Signed by Judge Richard J. Sullivan on 3/16/2015) (ajs) (Entered: 03/18/2015)
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Legal Document (Payment Possibly Required) 317 Filed: 3/16/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court is now in receipt of the parties' opening post-trial briefs, all dated March 4, 2015, raising various claims and seeking various fonns of relief. (Doc. Nos. 3 11-31 6.) However, the parties have failed to address whether the jury's punitive damages award against Defendants-and particularly against Defendant Nashed-was so excessive as to "shock[] [the] judicial conscience" in light of its actual damages award. Hughes v. Patrolmen's Benevolent Ass'n of New York, Inc., 850 F.2d 876, 883 (2d Cir. 1988). Accordingly, IT IS HEREBY ORDERED THAT the parties shall address the incongruity between the jury's actual and punitive damages awards-with a particular focus on Defendant Nashed-in their post-trial opposition briefs that are due April 1, 2015. ( Responses due by 4/1/2015) (Signed by Judge Richard J. Sullivan on 3/16/2015) (mro) (Entered: 03/16/2015)
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Legal Document (Payment Possibly Required) 316 Filed: 3/4/2015, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 314 MOTION for Permanent Injunction . MOTION for New Trial . MOTION for Attorney Fees . . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 315 Filed: 3/4/2015, Entered: None Unknown Document Type
DECLARATION of Jack A. Gordon in Support re: 314 MOTION for Permanent Injunction . MOTION for New Trial . MOTION for Attorney Fees .. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1 (trial transcript excerpts), # 2 Exhibit 2 (Defendants' post-trial press release), # 3 Exhibit 3 (Defendants' mid-trial memo of law on attorneys' fees), # 4 Exhibit 4 (Trial Exhibit 129), # 5 Exhibit 5 (Trial Exhibit 130), # 6 Exhibit 6 (Trial Exhibit KI))(Katz, Joshua) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 314 Filed: 3/4/2015, Entered: None Unknown Document Type
MOTION for Permanent Injunction .( Responses due by 4/1/2015), MOTION for New Trial ., MOTION for Attorney Fees . Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 313 Filed: 3/4/2015, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 311 MOTION for Costs in Advance of Entry of Judgment . . Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Simon, Norman) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 312 Filed: 3/4/2015, Entered: None Unknown Document Type
DECLARATION of Norman C. Simon in Support re: 311 MOTION for Costs in Advance of Entry of Judgment .. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Simon, Norman) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 311 Filed: 3/4/2015, Entered: None Unknown Document Type
MOTION for Costs in Advance of Entry of Judgment . Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Text of Proposed Order / [Proposed] Order for Costs in Advance of Entry of Judgment)(Simon, Norman) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 310 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/22/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 309 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/22/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 308 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/21/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 307 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/21/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Khristine Sellin, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 306 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/20/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 305 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/20/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 304 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/16/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 303 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/16/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 302 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/15/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 301 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/15/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Khristine Sellin, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 300 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/14/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 299 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/14/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 298 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/13/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 297 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/13/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 296 Filed: 2/5/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/12/2015 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) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 295 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: TRIAL held on 1/12/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Khristine Sellin, (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 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/11/2015.(McGuirk, Kelly) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 294 Filed: 1/30/2015, Entered: None Unknown Document Type
Jury Notes.(ajs) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 293 Filed: 1/30/2015, Entered: None Unknown Document TypeCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Norman C. Simon dated 1/30/15 re: Counsel writes on behalf of all parties to propose the following schedule: Post-Trial Motions: March 4, 2015; Oppositions to Post-Trial Motions: April 1, 2015; and Replies in Further Support of Post-Trial Motions: April 15, 2015. ENDORSEMENT: SO ORDERED. ( Motions due by 3/4/2015., Responses due by 4/1/2015, Replies due by 4/15/2015.) (Signed by Judge Richard J. Sullivan on 1/30/2015) (mro) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 292 Filed: 1/23/2015, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 1/6/2015 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) (Entered: 01/23/2015)
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Legal Document (Payment Possibly Required) 291 Filed: 1/23/2015, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: HEARING held on 1/6/2015 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Patricia Nilsen, (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 2/17/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015.(McGuirk, Kelly) (Entered: 01/23/2015)
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Legal Document (Payment Possibly Required) 290 Filed: 1/19/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court is in receipt of letters from the parties, dated January 17, 2015 and January 18, 2015, which raise a number of issues in advance of the January 20, 2015 charge conference. The Court addresses most of these issues in the attached draft jury charge and verdict form. The Court elaborates on one issue here to provide some additional guidance and clarity to the parties in advance of their summations. IT IS HEREBY ORDERED THAT Plaintiff shall advise the Court by 9:00 p.m. tonight whether it intends to proceed solely on the underlined statements. (Signed by Judge Richard J. Sullivan on 1/19/2015) (mro) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 289 Filed: 1/16/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: Earlier today, the parties rested in their respective cases, and the Court scheduled a charge conference for Tuesday, January 20, 2015 at 9:00 a.m. The Court is in the process of finishing its proposed jury charge and will send a complete draft to the parties later this weekend. In the meantime, the Court provides the parties with the following guidance to assist them in preparing for summations; as set forth herein. (Signed by Judge Richard J. Sullivan on 1/16/2015) (mro) Modified on 2/4/2015 (mro). (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 288 Filed: 1/19/2015, Entered: None Unknown Document Type
REQUEST TO CHARGE. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/19/2015)
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Legal Document (Payment Possibly Required) 287 Filed: 1/13/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Broadspring, Inc. v. Congoo, LLC, et al., 13 Civ. 1866 (RJS). The date(s) for which such authorization is provided is (are) 1/13/15-1/23/15. (Signed by Judge Richard J. Sullivan on 1/12/2015) (mro) (Entered: 01/13/2015)
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Legal Document (Payment Possibly Required) 286 Filed: 1/12/2015, Entered: None Unknown Document TypeCourt Filing
TRIAL STIPULATION WITH RESPECT TO THE TESTIMONY OF HOBART KING: IT IS HEREBY STIPULATED AND AGREED by and among plaintiff Broadspring, Inc. and defendants Congoo, LLC, Ashraf Nashed, and Rafael Cosentino, by their undersigned counsel that the testimony of Hobart King shall be proffered at trial through the following deposition testimony, previously designated by the parties at ECF 213-1 and 213-2. Each party withdraws its form objections made pursuant to the Federal Rules of Evidence and waives any future objections at trial to the introduction of the designated testimony, with the exception of the objections noted below subject to an advance ruling; as further set forth herein. (Signed by Judge Richard J. Sullivan on 1/12/2015) (mro) (Entered: 01/13/2015)
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Legal Document (Payment Possibly Required) 285 Filed: 1/12/2015, Entered: None Unknown Document TypeCourt Filing
TRIAL STIPULATION WITH RESPECT TO THE TESTIMONY OF GREG DOLAN: IT IS HEREBY STIPULATED AND AGREED by and among plaintiff Broadspring, Inc. and defendants Congoo, LLC, Ashraf Nashed, and Rafael Cosentino, by their undersigned counsel that the testimony of Greg Dolan shall be proffered at trial through the following deposition testimony, previously designated by the parties at ECF 213-1 and 213-2. Each party withdraws its form objections made pursuant to the Federal Rules of Evidence and waives any future objections at trial to the introduction of the designated testimony, with the exception of the objections noted below subject to an advance ruling; as further set forth herein. (Signed by Judge Richard J. Sullivan on 1/12/2015) (mro) (Entered: 01/13/2015)
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Legal Document (Payment Possibly Required) 284 Filed: 1/12/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court is in receipt of letters from Plaintiff and Defendants, each dated January 11, 2015, in accordance with the Court's January 9, 2015 Order. (Doc. No. 283.) Specifically, Defendants raised a number of objections to Plaintiffs expected use of exhibits and deposition testimony on the first day of trial. The Court will address these objections in turn. First, Defendants object to Plaintiffs use of a demonstrative in its opening statement on the grounds that such use is inconsistent with the Court's January 9 Order prohibiting the parties from displaying exhibits in their openings. The Court's January 9 Order stated that it "will not permit either party to display exhibits during their opening statements" but was silent as to the use of demonstratives. Having reviewed Plaintiff's proposed demonstrative, the Court is persuaded that a "low tech" set of openings is most appropriate given the nature of the claims and the Court's prior orders. Accordingly, the parties are directed to proceed without demonstratives or PowerPoint slides in their opening statements. Defendants also argue that Plaintiff should not be permitted to read excerpts from individual Defendant Nashed's deposition during Plaintiff's opening. In keeping with the Court's January 9 Order, the Court sees nothing wrong with Plaintiff summarizing Nashed's deposition testimony in their opening statements as an example of what the evidence will show. Such testimony constitutes a statement of a party opponent and may properly be previewed by Plaintiff in its opening. However, the Court sees no reason for Plaintiff's counsel to read or display verbatim questions and answers from the deposition transcript, which is not yet in evidence; as set forth herein. Finally, Defendants object to Plaintiff introducing deposition transcripts as exhibits at trial, and further object to specific designations from Cosentino's deposition. The Court's January 9, 2015 Order required that the objecting party "explain...any objections it has to that...deposition designation." Defendants, in their January 11 letter, instead incorporated by reference a table of shorthand citations to the Federal Rules of Evidence that it submitted on January 7, 2015. This is plainly insufficient and unhelpful, and is exactly what prompted the Court to issue its January 9 Order in the first place. Accordingly, the Court will not address Defendants' objections in this manner. In addition to ruling on the above objections, the Court also instructs the parties to provide the Court with electronic and hard copies of deposition transcripts for each witness who will testify at trial or whose deposition testimony will be introduced through designations at trial. (Signed by Judge Richard J. Sullivan on 1/11/2015) (mro) (Entered: 01/12/2015)
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Legal Document (Payment Possibly Required) 283 Filed: 1/9/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: This Order resolves those outstanding objections that were addressed in the parties' various January 7-8, 2015 submissions. The Court will not resolve the parties' remaining exhibit list or deposition designation objections in advance of trial. Rather, to conserve the Court's resources and the jury's time, the parties are ordered to comply with the following procedure during trial: (1) at least 24 hours prior to the day a party plans to introduce an exhibit or deposition designation, the offering party will disclose to the other party and to the Court, by letter, a list of the exhibits or deposition designations to be offered and the witness through whom the exhibit will be introduced; (2) the other party shall then have 12 hours to explain, by letter, any objections it has to that exhibit or deposition designation; and (3) the Court will then rule on those objections the morning of the day on which that exhibit or deposition designation will be introduced. By way of example: (1) if Plaintiff seeks to introduce Ex. 1 on Monday, then by 9:00 a.m. on Sunday, Plaintiff will disclose to Defendants and the Court, by letter, the fact that Ex. 1 will be offered and the witness through whom it will be introduced; (2) if Defendants have any objections to Ex. 1, they will explain those objections in a letter to be sent to the Court and Plaintiff by 9:00 p.m. on Sunday; and (3) the Court will rule on the admissibility of Ex. 1 on Monday prior to the commencement of testimony. SO ORDERED. (See Order.) (Signed by Judge Richard J. Sullivan on 1/9/2015) (ajs) (Entered: 01/09/2015)
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Legal Document (Payment Possibly Required) 282 Filed: 1/9/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Jack A. Gordon dated January 9, 2015 re: Draft Jury Examination. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/09/2015)
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Legal Document (Payment Possibly Required) 281 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Broadspring, Inc. v. Congoo, LLC et al. No. 13-cv-1866. The date(s) for which such authorization is provided is (are) 1/8/2015-1/23/2015. (Signed by Judge Richard J. Sullivan on 1/7/2015) (mro) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 280 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Broadspring, Inc. v. Congoo, LLC et al. No. 13-cv-1866. The date(s) for which such authorization is provided is (are) 1/8/2015-1/23/2015. (Signed by Judge Richard J. Sullivan on 1/7/2015) (mro) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 279 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: IT IS HEREBY ORDERED THAT Courtroom Connect, a Southern District of New York contracted vendor, may provide Internet connectivity and Remote Real Time Transcript feed for the duration of the proceedings in the above captioned case, set to begin the week of Monday, January 12, 2015, in both the courtroom and any assigned break-out room. Installation shall occur on Thursday, January 8 and Friday, January 9, 2015. Courtroom Connect should make proper arrangements with the District Executive Office of the Court and official court reporter. (Signed by Judge Richard J. Sullivan on 1/7/2015) (mro) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 278 Filed: 1/8/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Norman C. Simon dated January 8, 2015 re: Plaintiff's Letter on January 7, 2015. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 277 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Jack A. Gordon dated January 7, 2015 re: Def. Ex. AA-3. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 276 Filed: 1/7/2015, Entered: None Unknown Document Type
Exhibit List Defendants' Exhibit List with Plaintiff's Revised Objections. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 275 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Norman C. Simon dated January 7, 2015 re: Response to the Court's January 6, 2015 order directing the parties to file submissions on certain issues raised at the pretrial conference. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Alexander, Shari) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 274 Filed: 1/7/2015, Entered: None Unknown Document Type
PRETRIAL MEMORANDUM. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 273 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Broadspring, Inc. v. Congoo, LLC, et al., 13 Civ. 1866 (RJS). The date(s) for which such authorization is provided is (are) 1/8/15-1/23/15. (Signed by Judge Richard J. Sullivan on 1/6/2015) (mro) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 272 Filed: 1/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Broadspring, Inc. v. Congoo, LLC, et al., 13 Civ. 1866 (RJS). The date(s) for which such authorization is provided is (are) 1/8/15-1/23/15. (Signed by Judge Richard J. Sullivan on 1/6/2015) (mro) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 271 Filed: 1/6/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Norman C. Simon dated January 6, 2015 re: Proposing Agenda for Pretrial Conference on 1/6/2015. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 270 Filed: 1/5/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard J. Sullivan from Jack A. Gordon dated January 5, 2015 re: final pretrial conference. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 269 Filed: 1/5/2015, Entered: None Unknown Document TypeCourt Filing
ORDER denying 267 Letter Motion for Extension of Time. The Court is in receipt of letters from Plaintiff and Defendants, each dated January 5, 2015, taking positions on whether the trial in this matter should remain before Judge Furman and be adjourned, or proceed before another judge on January 12, 2015, as is currently scheduled. (Doc. Nos. 267 & 268.) This case has been formally reassigned to my docket by minute entry dated January 5, 2015. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's request to adjourn the trial is denied. IT IS FURTHER ORDERED THAT the parties shall appear for the previously scheduled pretrial conference on January 6, 2015 at 1:30 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Signed by Judge Richard J. Sullivan on 1/5/2015) (mro) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 268 Filed: 1/5/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Norman C. Simon dated January 5,2015 re: Plaintiff's Letter Application for Adjournment. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 267 Filed: 1/5/2015, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Jack A. Gordon dated January 5, 2015. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 266 Filed: 12/29/2014, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER re: 219 MOTION to Direct That Defendants Proposed Verdict Forms And Jury Charges Be Given To the Jury filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 211 MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 204 MOTION in Limine to Preclude the Jurys Consideration of an Implied Falsity Theory For Plaintiffs Lanham Act Cause of Action filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 217 MOTION in Limine to Exclude Certain Statements as a Basis For Plaintiffs Defamation Claim filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 199 MOTION in Limine Pursuant to Fed. R. Evid. 609(B) filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 202 MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5) filed by Broadspring, Inc., 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands filed by Broadspring, Inc.: For the foregoing reasons, some of the parties' motions are granted, some are denied, and some are granted in part and denied in part. The parties are directed to confer in light of the Court's rulings and, to the extent that any disputes warrant further attention in advance of trial, shall raise them at or before the final pretrial conference on January 6, 2015. In addition, the parties shall confer with respect to any limiting instructions that are warranted in light of the Court's rulings, and shall propose any such limiting instructions in advance of trial. The Clerk of Court is directed to terminate Docket Nos. 199, 202, 204, 206, 211, 217, 219, and 242. (Signed by Judge Jesse M. Furman on 12/29/2014) (tn) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 265 Filed: 12/18/2014, Entered: None Unknown Document TypeCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Norman C. Simon dated 12/18/2014 re: We respectfully request that the Court allow defendants to use a private "break-out" room at 40 Foley Square for the duration of the trial. If a break-out room is available, defendants respectfully request access on or before Friday, January 9, 2014, in order to allow adequate set-up time in advance of trial. ENDORSEMENT: As the Court has communicated to counsel informally, the Court will accommodate both sides if space is available. (Signed by Judge Jesse M. Furman on 12/18/2014) (rjm) (Entered: 12/19/2014)
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Legal Document (Payment Possibly Required) 264 Filed: 12/18/2014, Entered: None Unknown Document TypeCourt Filing
TRIAL STIPULATION: that the testimony of Steven Sottile shall be proffered at trial through the following deposition testimony, previously designated by the parties at ECF 213-1 and 213-2. Plaintiff withdraws its objection to the use of deposition testimony by Mr. Sottile in lieu of live testimony (ECF 213-2) in the interest of efficiency and to streamline trial testimony. Moreover, each party withdraws its form objections, with the exception of Plaintiff's objection to pages and lines 69:15-70:8, made pursuant to the Federal Rules of Evidence and waives any future objections at trial to the introduction of the below testimony, as further set forth. (Signed by Judge Jesse M. Furman on 12/18/2014) (tn) (Entered: 12/18/2014)
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Legal Document (Payment Possibly Required) 263 Filed: 12/18/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon, Esq. dated December 18, 2014 re: Broadspring, Inc. v. Congoo, LLC, et al., 13 Civ. 1866. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2014)
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Legal Document (Payment Possibly Required) 262 Filed: 11/25/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated November 25, 2014 re: Corrections to Plaintiff's Trial Exhibits. Document filed by Broadspring, Inc.. (Attachments: # 1 Plaintiff's Corrected Trial Exhibit List)(Katz, Joshua) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 261 Filed: 11/24/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: Accordingly, January 12, 2015, is a firm date for trial in this case. No adjournments will be granted absent extraordinary circumstances. (Signed by Judge Jesse M. Furman on 11/24/2014) (tn) (Entered: 11/24/2014)
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Legal Document (Payment Possibly Required) 260 Filed: 11/21/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 259 Filed: 11/21/2014, Entered: None Unknown Document Type
REPLY AFFIDAVIT of Jonathan Markiles in Support re: 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1 (Full version of cropped How Life Works screen shot offered by defendants), # 2 Exhibit 2 (examples of defendants' advertorials that completely lack disclosures))(Katz, Joshua) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 258 Filed: 11/18/2014, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION AND ORDER re: 251 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Norman C. Simon dated November 12, 2014 filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed: that Defendants' motion to reopen discovery is DENIED. The Clerk of the Court is directed to terminate Docket Number 251. (Signed by Judge Jesse M. Furman on 11/18/2014) (tn) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 257 Filed: 11/15/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Norman C. Simon dated November 15, 2014 re: Response in Further Support of Defendants' Letter Motion. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 11/15/2014)
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Sealed Legal Document 256 Filed: 11/14/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Opposition re: 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Filed Under Seal))(Alexander, Shari) (Entered: 11/14/2014)
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Legal Document (Payment Possibly Required) 255 Filed: 11/14/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 11/14/2014)
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Legal Document (Payment Possibly Required) 254 Filed: 11/14/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated November 14, 2014 re: Filing of Exhibits Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 11/14/2014)
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Legal Document (Payment Possibly Required) 253 Filed: 11/14/2014, Entered: None Unknown Document TypeCourt Filing
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Jack A. Gordon dated November 14, 2014 re: 251 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Norman C. Simon dated November 12, 2014. . Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1)(Katz, Joshua) (Entered: 11/14/2014)
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Legal Document (Payment Possibly Required) 252 Filed: 11/13/2014, Entered: None Unknown Document TypeCourt Filing
ORDER with respect to 251 Letter Motion for Extension of Time to Complete Discovery. Plaintiff shall file a response to Defendant's letter no later than November 14, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/13/2014)
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Legal Document (Payment Possibly Required) 251 Filed: 11/12/2014, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Norman C. Simon dated November 12, 2014. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Simon, Norman) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 250 Filed: 10/31/2014, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Samantha Vanessa Ettari on behalf of Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Ettari, Samantha) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 249 Filed: 10/31/2014, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Norman Christopher Simon on behalf of Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Simon, Norman) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 248 Filed: 10/30/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: that Broadspring is awarded a total of $85,273.86 in fees and costs. Defendants shall pay that amount within thirty days of the date of this Order. (Signed by Judge Jesse M. Furman on 10/30/2014) (tn) (Entered: 10/30/2014)
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Sealed Legal Document 247 Filed: 10/29/2014, Entered: None Unknown Document Type
SEALED DOCUMENT placed in vault.(nm) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 246 Filed: 10/29/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 29, 2014 re: Defendants' Opposition to Plaintiff's Pretrial Memorandum (ECF No. 229) and Defendants' Opposition to Plaintiff's Motions in Limine (ECF No. 232). Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 245 Filed: 10/28/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 244 Letter Motion for Extension of Time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 244 Filed: 10/28/2014, Entered: None Unknown Document TypeCourt Filing
CONSENT LETTER MOTION for Extension of Time to file an opposition to Plaintiff's Motion to Strike Defendants' Affirmative Defense of Unclean Hands addressed to Judge Jesse M. Furman from Shari Alexander dated October 28, 2014. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 243 Filed: 10/27/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 242 MOTION to Strike Defendants' Affirmative Defense of Unclean Hands. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/27/2014)
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Legal Document (Payment Possibly Required) 242 Filed: 10/27/2014, Entered: None Unknown Document Type
MOTION to Strike Defendants' Affirmative Defense of Unclean Hands. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/27/2014)
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Legal Document (Payment Possibly Required) 241 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 219 MOTION to Direct That Defendants Proposed Verdict Forms And Jury Charges Be Given To the Jury. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 240 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 217 MOTION in Limine to Exclude Certain Statements as a Basis For Plaintiffs Defamation Claim. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Blank 239 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 211 MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 238 Filed: 10/24/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated October 24, 2014 re: Filing of Exhibit Under Seal. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/24/2014)
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Sealed Legal Document 237 Filed: 10/24/2014, Entered: None Unknown Document Type
DECLARATION of Joshua B. Katz in Opposition re: 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1 (provisionally filed under seal))(Katz, Joshua) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 236 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 235 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 204 MOTION in Limine to Preclude the Jurys Consideration of an Implied Falsity Theory For Plaintiffs Lanham Act Cause of Action. . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Sealed Legal Document 234 Filed: 10/24/2014, Entered: None Unknown Document Type
DECLARATION of Philippe Zimmerman in Opposition re: 202 MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5).. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal))(Zimmerman, Philippe) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 233 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 199 MOTION in Limine Pursuant to Fed. R. Evid. 609(B). . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 232 Filed: 10/24/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Opposition re: 202 MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5). . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Appendix A)(Zimmerman, Philippe) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 231 Filed: 10/24/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated October 24, 2014 re: Filing of Exhibits Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Zimmerman, Philippe) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 230 Filed: 10/24/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Opposition re: 215 Pretrial Memorandum. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1)(Zimmerman, Philippe) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 229 Filed: 10/24/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 215 Pretrial Memorandum . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 228 Filed: 10/15/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: For the reasons set forth within, the Clerk of the Court is directed to replace ECF No. 212 with a redacted version of that document, to be furnished to the Clerk by counsel for Defendants. The unredacted version will be placed under seal pending review by the Court (in conjunction with its review of the Motion in Limine) of whether the redactions are consistent with the public right of access to judicial documents. (Signed by Judge Jesse M. Furman on 10/15/2014) (ab) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 227 Filed: 10/15/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 226 Letter Motion for Extension of Time. The deadline for any opposition to the Motions in Limine is extended to October 24, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 226 Filed: 10/15/2014, Entered: None Unknown Document TypeCourt Filing
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to 219 MOTION to Direct That Defendants Proposed Verdict Forms And Jury Charges Be Given To the Jury., 211 MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs., 204 MOTION in Limine to Preclude the Jurys Consideration of an Implied Falsity Theory For Plaintiffs Lanham Act Cause of Action., 217 MOTION in Limine to Exclude Certain Statements as a Basis For Plaintiffs Defamation Claim., 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits., 199 MOTION in Limine Pursuant to Fed. R. Evid. 609(B)., 202 MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5). addressed to Judge Jesse M. Furman from Joshua B. Katz dated October 15, 2014. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 225 Filed: 10/14/2014, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2015 at 01:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. The parties shall be trial ready on January 12, 2015, at 9:00 a.m. Counsel should review the Court's Individual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. The parties are advised that the Court has another trial scheduled to begin on January 5, 2014 in Vazquez v. City of New York et al., 10-CV-6277 (JMF). If that trial goes forward, the trial date in this case will be adjourned. The parties should consult the docket in 10-CV-6277 (JMF) to see if that case settles. In any event, the Court will advise the parties no later than the final pretrial conference date if the trial date in this case has to be changed. Jury Trial set for 1/12/2015 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 224 Filed: 10/14/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated October 14, 2014 re: Proposed Order for replacing ECF No. 212 with a redacted version. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 223 Filed: 10/13/2014, Entered: None Unknown Document Type
REQUEST TO CHARGE. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/13/2014)
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Legal Document (Payment Possibly Required) 222 Filed: 10/13/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 13, 2014 re: Corrected Joint Requests to Charge. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/13/2014)
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Legal Document (Payment Possibly Required) 221 Filed: 10/10/2014, Entered: None Unknown Document Type
PRETRIAL MEMORANDUM. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 220 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 219 MOTION to Direct That Defendants Proposed Verdict Forms And Jury Charges Be Given To the Jury. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 219 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION to Direct That Defendants Proposed Verdict Forms And Jury Charges Be Given To the Jury. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 218 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 217 MOTION in Limine to Exclude Certain Statements as a Basis For Plaintiffs Defamation Claim. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 217 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine to Exclude Certain Statements as a Basis For Plaintiffs Defamation Claim. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 216 Filed: 10/10/2014, Entered: None Unknown Document Type
DECLARATION of Joshua B. Katz re: 215 Pretrial Memorandum ., DECLARATION of Joshua B. Katz in Support. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Katz, Joshua) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 215 Filed: 10/10/2014, Entered: None Unknown Document Type
PRETRIAL MEMORANDUM. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/10/2014)
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Sealed Legal Document 214 Filed: 10/10/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Support re: 211 MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E (Filed Under Seal), # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G (Filed Under Seal), # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J (Filed Under Seal), # 11 Exhibit K, # 12 Exhibit L (Filed Under Seal), # 13 Exhibit M, # 14 Exhibit N (Filed Under Seal), # 15 Exhibit O (Filed Under Seal), # 16 Exhibit P (Filed Under Seal))(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 213 Filed: 10/10/2014, Entered: None Unknown Document Type
JOINT PRETRIAL STATEMENT . Document filed by Broadspring, Inc.. (Attachments: # 1 Plaintiff's Deposition Designations, # 2 Defendants' Deposition Designations, # 3 Plaintiff's Exhibit List, # 4 Defendants' Exhibit List, # 5 Joint Requests to Charge, # 6 Plaintiff's Proposed Verdict Form, # 7 Defendants' Proposed Verdict Sheet, # 8 Joint Proposed Voire Dire)(Katz, Joshua) (Entered: 10/10/2014)
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Blank 212 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 211 MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Main Document 212 replaced on 10/15/2014) (ab). (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 211 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine to Exclude Evidence of Congoos Total Gross Revenues and Profits and Plaintiffs Prospective Corrective Advertising Costs. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 210 Filed: 10/10/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated October 10, 2014 re: Filing of Exhibits Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Sealed Legal Document 209 Filed: 10/10/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Support re: 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1 (CH, CI & AE filed under seal), # 2 Exhibit 2 (Filed Under Seal), # 3 Exhibit 3, # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5 (Filed Under Seal))(Alexander, Shari) (Entered: 10/10/2014)
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Blank 208 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 206 MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 207 Filed: 10/10/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated October 10, 2014 re: Filing of Exhibits Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 206 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine Pursuant to Fed. R. Evid. 401, 402, 403 and 802 to Exclude Certain of Plaintiffs Trial Exhibits. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 205 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 204 MOTION in Limine to Preclude the Jurys Consideration of an Implied Falsity Theory For Plaintiffs Lanham Act Cause of Action. . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 204 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine to Preclude the Jurys Consideration of an Implied Falsity Theory For Plaintiffs Lanham Act Cause of Action. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 203 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 202 MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5). . Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 202 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine Plaintiff's Notice of Motions in Limine (Nos. 1-5). Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 10/10/2014)
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Sealed Legal Document 201 Filed: 10/10/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Support re: 199 MOTION in Limine Pursuant to Fed. R. Evid. 609(B).. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 (Filed Under Seal), # 8 Exhibit 8 (Filed Under Seal))(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 200 Filed: 10/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 199 MOTION in Limine Pursuant to Fed. R. Evid. 609(B). . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 199 Filed: 10/10/2014, Entered: None Unknown Document Type
MOTION in Limine Pursuant to Fed. R. Evid. 609(B). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 198 Filed: 10/10/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated October 10, 2014 re: Filing of Exhibits Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 197 Filed: 9/19/2014, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 195 MOTION for Sanctions due to improper AEO designations (previously submitted in camera and decided by Opinion and Order dated August 20, 2014 (ECF No. 163). . Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) Modified on 9/22/2014 (db). (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 196 Filed: 9/19/2014, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 195 MOTION for Sanctions due to improper AEO designations (previously submitted in camera and decided by Opinion and Order dated August 20, 2014 (ECF No. 163). . Document filed by Broadspring, Inc.. (Katz, Joshua) Modified on 9/22/2014 (db). (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 195 Filed: 9/19/2014, Entered: None Unknown Document Type
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions due to improper AEO designations (previously submitted in camera and decided by Opinion and Order dated August 20, 2014 (ECF No. 163). Document filed by Broadspring, Inc..(Katz, Joshua) Modified on 9/22/2014 (db). Modified on 9/22/2014 (db). (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 194 Filed: 9/19/2014, Entered: None Unknown Document Type
DECLARATION of Joshua B. Katz in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit Re-filed version of Exhibit 11 to ECF No. 143, # 2 Exhibit Re-filed version of Exhibit 12 to ECF No. 143, # 3 Exhibit Re-filed version of Exhibit 13 to ECF No. 143, # 4 Exhibit Re-filed version of Exhibit 14 to ECF No. 143, # 5 Exhibit Re-filed version of Exhibit 18 to ECF No. 143, # 6 Exhibit Re-filed version of Exhibit 19 to ECF No. 143, # 7 Exhibit Re-filed version of Exhibit 32 to ECF No. 143, # 8 Exhibit Re-filed version of Exhibit 5 to ECF No. 143, # 9 Exhibit Re-filed version of Exhibit 6 to ECF No. 143, # 10 Exhibit Re-filed version of Exhibit 7 to ECF No. 143, # 11 Exhibit Re-filed version of Exhibit 8 to ECF No. 143)(Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 193 Filed: 9/19/2014, Entered: None Unknown Document Type
DECLARATION of Joshua B. Katz in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit Unredacted Exhibit 10 to ECF No. 101, # 2 Exhibit Unredacted Exhibit 15 to ECF No. 101)(Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 192 Filed: 9/19/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for Sanctions due to spoliation of evidence. Unredacted version of ECF No. 153. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 191 Filed: 9/19/2014, Entered: None Unknown Document Type
COUNTER STATEMENT TO 107 Rule 56.1 Statement. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 190 Filed: 9/19/2014, Entered: None Unknown Document Type
DECLARATION of Jonathan Markiles in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 189 Filed: 9/19/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 97 MOTION for Summary Judgment. Unredacted version of ECF No. 140. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 188 Filed: 9/19/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint. Unredacted version of ECF No. 86. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 187 Filed: 9/19/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint. Unredacted version of ECF No. 77. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 186 Filed: 9/18/2014, Entered: None Unknown Document Type
COUNTER STATEMENT TO 112 Rule 56.1 Statement. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 185 Filed: 9/18/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment. Unredacted Memorandum in Further Support of Motion for Summary Judgment. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 184 Filed: 9/18/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 183 Filed: 9/18/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings. Unredacted Memorandum in Opposition to Plaintiff's Motion for Summary Judgment or, Alternatively, Judgment on the Pleadings. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 182 Filed: 9/18/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence. Unredacted Memorandum in Opposition to Plaintiff's Motion for Sanctions due to Spoliation of Evidence. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 181 Filed: 9/18/2014, Entered: None Unknown Document Type
DECLARATION of Shari Alexander in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 3, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 40, # 5 Exhibit 41)(Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 180 Filed: 9/18/2014, Entered: None Unknown Document Type
DECLARATION of Rafael Cosentino in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 179 Filed: 9/18/2014, Entered: None Unknown Document Type
DECLARATION of Ashraf Nashed in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 178 Filed: 9/18/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment. Unredacted Memorandum in Support of Motion for Summary Judgment. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 177 Filed: 9/18/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 75 MOTION to Amend/Correct 27 Amended Complaint. Unredacted Memorandum in Opposition to Plaintiff's Motion for Leave to File a Second Amended Complaint. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 176 Filed: 9/17/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 174 Letter Motion for Extension of Time. The deadline for the filing of the joint pretrial order and related filings is extended to October 10, 2014. Given the parties' constraints, the Court's own schedule, and the projected length of the trial, trial is unlikely to begin before January 2015, but the Court will provide further information with respect to the trial schedule after the parties file the joint pretrial order. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/17/2014)
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Legal Document (Payment Possibly Required) 175 Filed: 9/16/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated September 16, 2014 re: Unsealing of documents. Document filed by Broadspring, Inc.. (Attachments: # 1 Text of Proposed Order)(Katz, Joshua) (Entered: 09/16/2014)
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Legal Document (Payment Possibly Required) 174 Filed: 9/16/2014, Entered: None Unknown Document TypeCourt Filing
JOINT LETTER MOTION for Extension of Time for pre-trial submissions (and regarding trial scheduling) addressed to Judge Jesse M. Furman from Jack A. Gordon dated September 16, 2014. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 09/16/2014)
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Legal Document (Payment Possibly Required) 173 Filed: 9/11/2014, Entered: None Unknown Document TypeCourt Filing
ORDER re: 166 Letter, filed by Broadspring, Inc., 165 Letter, filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed: the parties' requests to file the documents referenced in the letters under seal or in redacted form are GRANTED. The parties are directed to file all necessary documents under seal, in redacted form, or unredacted, as the case may be within one week of this Order (and shall confer with one another to the extent it is not otherwise clear which party should file any particular document). (Signed by Judge Jesse M. Furman on 9/11/2014) (tn) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 172 Filed: 9/11/2014, Entered: None Unknown Document Type
ANSWER to 164 Amended Complaint,., COUNTERCLAIM against Broadspring, Inc.. Document filed by Rafael Consentino, Ashraf Nashed, Congoo, L.L.C..(Zimmerman, Philippe) (Entered: 09/11/2014)
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Legal Document (Payment Possibly Required) 171 Filed: 9/10/2014, Entered: None Unknown Document Type
DECLARATION of Philippe Zimmerman in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Zimmerman, Philippe) (Entered: 09/10/2014)
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Legal Document (Payment Possibly Required) 170 Filed: 9/10/2014, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence. Memorandum of Law in Opposition to Broadspring's Application for Attorneys Fees Costs and Expenses (ECF No. 167). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 09/10/2014)
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Legal Document (Payment Possibly Required) 169 Filed: 9/10/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated September 10, 2014 re: Defendants' letter of September 3, 2014 regarding sealing of certain documents. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 09/10/2014)
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Legal Document (Payment Possibly Required) 168 Filed: 9/4/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated September 4, 2014 re: Exhibit A to September 3, 2014 Letter. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 167 Filed: 9/3/2014, Entered: None Unknown Document Type
DECLARATION of Jack A. Gordon in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1 (AEO fees), # 2 Exhibit 2 (spoliation fees), # 3 Exhibit 3 (fees for fee application), # 4 Exhibit 4 (IDM invoices), # 5 Exhibit 5 (Veritext invoices))(Katz, Joshua) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 166 Filed: 9/3/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated September 3, 2014 re: the Court's order to show cause why certain documents should remain under seal. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1 (proposed redactions))(Katz, Joshua) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 165 Filed: 9/3/2014, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated September 3, 2014 re: Documents listed in the Appendix to the August 20, 2014 Opinion and Order (ECF No. 163). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 164 Filed: 8/28/2014, Entered: None Unknown Document Type
SECOND AMENDED COMPLAINT amending 28 Amended Complaint against Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed with JURY DEMAND.Document filed by Broadspring, Inc.. Related document: 28 Amended Complaint filed by Broadspring, Inc.. (Attachments: # 1 Opinion and Order Granting Leave to Amend)(Katz, Joshua) (Entered: 08/28/2014)
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Sealed Legal Document 163 Filed: 8/20/2014, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings filed by Broadspring, Inc., 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James filed by Broadspring, Inc., 98 MOTION for Sanctions due to spoliation of evidence filed by Broadspring, Inc., 75 MOTION to Amend/Correct 27 Amended Complaint filed by Broadspring, Inc., 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 97 MOTION for Summary Judgment filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. Accordingly, the parties are ORDERED to show cause, in writing, why the listed documents should remain filed under seal or in redacted form, within two weeks of the date of this Opinion and Order. Any replies shall be filed within three weeks of the date of this Opinion and Order. If, within two weeks, neither party makes a filing arguing why a particular document should remain under seal, Plaintiff shall promptly file the relevant document on ECF in unredacted form. For the reasons stated above, Defendants' motion for summary judgment is denied except with respect to the tortious interference claim against Defendant Nashed, Plaintiff's motion for summary judgment is granted, Plaintiff's motion to exclude James's testimony is granted in part and denied in part, Defendants' motion to exclude Lafferty's testimony is denied, Plaintiff's motion for sanctions based on improper AEO designations is granted, Plaintiff's motion for sanctions based on spoliation of evidence is granted in part and denied in part, and Plaintiff's motion for leave to file a Second Amended Complaint is granted. As a result of those rulings, the only remaining claims are Plaintiff's claims against Congoo, Nashed, and Cosentino under the Lanham Act and for defamation, and against Congoo and Cosentino for tortious interference. As noted above, within one week of the date of this Opinion and Order, Defendants must submit any opposition to the filing of the Second Amended Complaint in unredacted form, in a memorandum not to exceed ten pages. By that same date, Defendants must also re-designate the above-referenced documents and produce them to Plaintiffs. Within two weeks of the date of this Opinion and Order, (1) Plaintiff must submit any challenges to redactions that Defendants make to the re-designated documents; (2) Plaintiff must submit a consolidated application for costs and fees related to the re-designation motion and the spoliation motion; and (3) either party must submit any opposition to the public filing of a document listed in the Appendix to this Opinion and Order, including the memoranda filed in support of and in opposition to the re-designation motion. Within three weeks of the date of this Opinion and Order, (1) Defendants may submit any reply to Plaintiff's challenges to redactions to the re-designated documents; (2) Defendants may submit any opposition to Plaintiff's application for costs and fees; (3) either party may submit a reply regarding the public filing of a document listed in the Appendix, to the extent that any opposition has been submitted in the first place; and (4) Plaintiff may submit a reply to any opposition Defendants submit to the unredacted filing of the Second Amended Complaint, in a memorandum not to exceed ten pages. Under the Case Management Plan and Scheduling Order (Docket No. 13), the parties' Joint Pretrial Order and all related filings required by the Court's Individual Rules and Practices for Civil Cases are due thirty days from the date of this Opinion and Order. In light of the quantity and nature of the submissions that the parties need to make in the coming weeks, however, the Court will grant the parties forty-five days from today, rather than thirty, to make those submissions. The parties should be prepared to go to trial approximately two weeks thereafter. Moreover, the parties shall immediately advise the Court by joint letter if they are interested in a referral to the assigned Magistrate Judge for purposes of settlement. The Clerk of Court is directed to terminate Docket Nos. 75, 94, 97, 98, 102, and 108. (Signed by Judge Jesse M. Furman on 8/20/2014) (mro) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 162 Filed: 1/17/2014, Entered: 1/17/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated January 17, 2014 re: Filing of redacted documents in Further Support of Motion for Summary Judgment. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 161 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affirmation in Support of Motion
REPLY AFFIRMATION of Ashraf Nashed in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Alexander, Shari) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 160 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affirmation in Support of Motion
REPLY AFFIRMATION of Rafael Cosentino in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1)(Alexander, Shari) (Entered: 01/17/2014)
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Sealed Legal Document 159 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affirmation in Support of Motion
REPLY AFFIRMATION of Shari Alexander in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - filed under seal, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - filed under seal)(Alexander, Shari) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 158 Filed: 1/17/2014, Entered: 1/17/2014 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 157 Filed: 1/17/2014, Entered: 1/17/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated January 17, 2014 re: redacted reply papers for plaintiff's motion for spoliation sanctions. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 156 Filed: 1/17/2014, Entered: 1/17/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated January 17, 2014 re: redacted reply papers for plaintiff's motion for summary judgment or judgment on the pleadings. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 155 Filed: 1/17/2014, Entered: 1/17/2014 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 154 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Joshua B. Katz in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20)(Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 153 Filed: 1/17/2014, Entered: 1/17/2014 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 152 Filed: 1/17/2014, Entered: 1/17/2014 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 151 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affirmation in Support of Motion
REPLY AFFIRMATION of Philippe Zimmerman (Reply Declaration) in Support re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1)(Greenberger, Jordan) (Entered: 01/17/2014)
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Blank 150 Filed: 1/17/2014, Entered: 1/17/2014 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 149 Filed: 1/17/2014, Entered: 1/17/2014 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Joshua B. Katz in Support re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17, # 6 Exhibit 18)(Katz, Joshua) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 148 Filed: 1/15/2014, Entered: 1/15/2014 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 147 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 147 Filed: 1/15/2014, Entered: 1/15/2014 Motion for Leave to File Excess PagesCourt Filing
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Shari Alexander dated January 15, 2014. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 146 Filed: 1/13/2014, Entered: 1/13/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Philippe Zimmerman dated 1/13/14 re: Broadspring, Inc. v. Congoo, LLC, et al., 13 Civ. 1866 (JMF). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Zimmerman, Philippe) (Entered: 01/13/2014)
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Legal Document (Payment Possibly Required) 145 Filed: 1/9/2014, Entered: 1/9/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated January 8, 2014 re: Filing of redacted documents in opposition to defendants' summary judgment motion. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/09/2014)
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Legal Document (Payment Possibly Required) 144 Filed: 1/9/2014, Entered: 1/9/2014 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 107 Rule 56.1 Statement. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/09/2014)
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Sealed Legal Document 143 Filed: 1/9/2014, Entered: 1/9/2014 Declaration in Opposition to Motion
DECLARATION of Joshua B. Katz in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 37, # 10 Exhibit 42, # 11 Exhibit 43, # 12 Exhibit 48, # 13 Exhibit Placeholder for exhibits filed under seal)(Katz, Joshua) (Entered: 01/09/2014)
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Legal Document (Payment Possibly Required) 142 Filed: 1/9/2014, Entered: 1/9/2014 Declaration in Opposition to Motion
DECLARATION of Ray Musci in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/09/2014)
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Legal Document (Payment Possibly Required) 141 Filed: 1/9/2014, Entered: 1/9/2014 Declaration in Opposition to Motion
DECLARATION of Jonathan Markiles in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Katz, Joshua) (Entered: 01/09/2014)
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Legal Document (Payment Possibly Required) 140 Filed: 1/8/2014, Entered: 1/8/2014 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 97 MOTION for Summary Judgment.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 139 Filed: 1/8/2014, Entered: 1/8/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated January 8, 2014 re: Filing of Redacted Documents in Opposition to Plaintiffs Motion for Summary Judgment. Document filed by Congoo, L.L.C..(Alexander, Shari) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 138 Filed: 1/8/2014, Entered: 1/8/2014 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 112 Rule 56.1 Statement. Document filed by Congoo, L.L.C.. (Alexander, Shari) (Entered: 01/08/2014)
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Sealed Legal Document 137 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Shari Alexander in Opposition re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Congoo, L.L.C.. (Attachments: # 1 Exhibit (s) 1 - 11 Filed Under Seal)(Alexander, Shari) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 136 Filed: 1/8/2014, Entered: 1/8/2014 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Congoo, L.L.C.. (Alexander, Shari) (Entered: 01/08/2014)
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Sealed Legal Document 135 Filed: 1/8/2014, Entered: 1/8/2014 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated January 8, 2014 re: Exhibits Filed Under Seal with Opposition to Plaintiffs Motion for Sanctions Due to Alleged Spoliation of Evidence. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 134 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Ashraf Nashed in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 133 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Martin C. Lafferty in Opposition re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Katz, Joshua) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 132 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Rafael Cosentino in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 01/08/2014)
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Sealed Legal Document 131 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Shari Alexander in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 - Filed Under Seal, # 7 Exhibit 7 - Filed Under Seal, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10 - Filed Under Seal, # 11 Exhibit 11 - Filed Under Seal)(Alexander, Shari) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 130 Filed: 1/8/2014, Entered: 1/8/2014 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 129 Filed: 1/8/2014, Entered: 1/8/2014 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 128 Filed: 1/8/2014, Entered: 1/8/2014 Declaration in Opposition to Motion
DECLARATION of Lance James in Opposition re: 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 01/08/2014)
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Blank 127 Filed: 1/8/2014, Entered: 1/8/2014 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 126 Filed: 1/6/2014, Entered: 1/6/2014 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 125 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/06/2014)
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Legal Document (Payment Possibly Required) 125 Filed: 1/6/2014, Entered: 1/6/2014 Motion for Leave to File Excess PagesCourt Filing
LETTER MOTION for Leave to File Excess Pages in opposition to Defendants' summary judgment motion addressed to Judge Jesse M. Furman from Jack A. Gordon dated January 6, 2014. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 01/06/2014)
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Legal Document (Payment Possibly Required) 124 Filed: 12/19/2013, Entered: 12/19/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Shari Alexander dated December 19, 2013 re: removal of ECF error message in Dkt. Nos. 117-122. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 12/19/2013)
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Legal Document (Payment Possibly Required) 123 Filed: 12/19/2013, Entered: 12/19/2013 OrderCourt Filing
ORDER: On December 18, 2013, Plaintiff and Defendants filed motions for summary judgment. (Docket Nos. 97 and 108). On that same date, Plaintiff filed a motion to exclude expert testimony (Docket No. 94), and Defendants filed a motion for sanctions (Docket No. 98) and a motion to strike an expert report (Docket No. 102). All five motions shall be briefed on the schedule set forth by the Court on December 16, 2013. (Docket No. 92). That is, all opposing memoranda of law on the above mentioned motions are due on January 8, 2014, and any reply memoranda of law are due on January 17, 2014., ( Responses due by 1/8/2014., Replies due by 1/17/2014.) (Signed by Judge Jesse M. Furman on 12/19/2013) (lmb) (Entered: 12/19/2013)
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Sealed Legal Document 122 Filed: 12/19/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 51 (Part 1 of 4), # 2 Exhibit 51 (Part 2 of 4), # 3 Exhibit 51 (Part 3 of 4), # 4 Exhibit 51 (Part 4 of 4), # 5 Exhibit 52-54 (Filed Under Seal))(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Sealed Legal Document 121 Filed: 12/19/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 43, # 2 Exhibit 44 (Filed Under Seal), # 3 Exhibit 45, # 4 Exhibit 46-49 (Filed Under Seal), # 5 Exhibit 50)(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Sealed Legal Document 120 Filed: 12/19/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35, # 4 Exhibit 36, # 5 Exhibit 37, # 6 Exhibit 38-42 (Filed Under Seal))(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Sealed Legal Document 119 Filed: 12/19/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 28 (Part 1 of 2), # 2 Exhibit 28 (Part 2 of 2), # 3 Exhibit 29 (Filed Under Seal), # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 32)(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Sealed Legal Document 118 Filed: 12/19/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20, # 4 Exhibit 21-24 (filed under seal), # 5 Exhibit 25, # 6 Exhibit 26, # 7 Exhibit 27)(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Sealed Legal Document 117 Filed: 12/18/2013, Entered: 12/19/2013 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16-17 (Filed Under Seal))(Alexander, Shari) Modified on 12/19/2013 (db). (Entered: 12/19/2013)
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Legal Document (Payment Possibly Required) 116 Filed: 12/18/2013, Entered: 12/18/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated December 18, 2013 re: Redacted Exhibits to Plaintiff's Motion for Spoliation Sanctions. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2013)
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Sealed Legal Document 115 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Shari Alexander (continued exhibits) in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10 (Part 1 of 2), # 3 Exhibit 10 (Part 2 of 2), # 4 Exhibit 11-13 (Filed Under Seal))(Alexander, Shari) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 114 Filed: 12/18/2013, Entered: 12/18/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated December 18, 2013 re: Redacted Exhibits to Plaintiff's Motion for Summary Judgment. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 113 Filed: 12/18/2013, Entered: 12/18/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jordan Greenberger dated 12/18/2013 re: Submission Of Defendants' Unredacted Summary Judgment Papers Via Email and CD. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 112 Filed: 12/18/2013, Entered: 12/18/2013 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 12/18/2013)
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Sealed Legal Document 111 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Shari Alexander in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3-8 (Filed Under Seal))(Alexander, Shari) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 110 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Joshua B. Katz in Support re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Broadspring, 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)(Katz, Joshua) (Entered: 12/18/2013)
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Blank 109 Filed: 12/18/2013, Entered: 12/18/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 108 Filed: 12/18/2013, Entered: 12/18/2013 Motion for Summary Judgment
MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 107 Filed: 12/18/2013, Entered: 12/18/2013 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 106 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Seth Godin in Support re: 97 MOTION for Summary Judgment.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 105 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Rafael Cosentino in Support re: 97 MOTION for Summary Judgment.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 104 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Ashraf Nashed in Support re: 97 MOTION for Summary Judgment.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 103 Filed: 12/18/2013, Entered: 12/18/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 102 Filed: 12/18/2013, Entered: 12/18/2013 Motion to Strike
MOTION to Strike the Expert Report and Preclude the Testimony of Lance James. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 101 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Joshua B. Katz in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, 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)(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 100 Filed: 12/18/2013, Entered: 12/18/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 99 Filed: 12/18/2013, Entered: 12/18/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 98 MOTION for Sanctions due to spoliation of evidence.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 98 Filed: 12/18/2013, Entered: 12/18/2013 Motion for sanctions
MOTION for Sanctions due to spoliation of evidence. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 97 Filed: 12/18/2013, Entered: 12/18/2013 Motion for Summary Judgment
MOTION for Summary Judgment. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 96 Filed: 12/18/2013, Entered: 12/18/2013 Declaration in Support of Motion
DECLARATION of Jordan Greenberger in Support re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit James Report, # 2 Exhibit Lafferty Report)(Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 95 Filed: 12/18/2013, Entered: 12/18/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 94 MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 94 Filed: 12/18/2013, Entered: 12/18/2013 Motion to Preclude
MOTION to Preclude Daubert Motion To Exclude Lafferty Report And Testimony. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Greenberger, Jordan) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 93 Filed: 12/16/2013, Entered: 12/16/2013 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 91 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 92 Filed: 12/16/2013, Entered: 12/16/2013 Order on motion for extension of timeCourt Filing
ORDER granting 90 Letter Motion for Extension of Time. Opposition to summary judgment motions due by 1/8/2014; any replies due by 1/17/2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 91 Filed: 12/16/2013, Entered: 12/16/2013 Motion for Leave to File Excess PagesCourt Filing
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Shari Alexander dated December 16, 2013. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 90 Filed: 12/13/2013, Entered: 12/13/2013 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to file opposition and reply papers in connection with December 18th motions addressed to Judge Jesse M. Furman from Shari Alexander dated December 13, 2013. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 89 Filed: 12/11/2013, Entered: 12/11/2013 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 85 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/11/2013)
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Legal Document (Payment Possibly Required) 88 Filed: 12/11/2013, Entered: 12/11/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated December 11, 2013 re: Sealed Exhibits to Motion to Amend Reply. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/11/2013)
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Legal Document (Payment Possibly Required) 87 Filed: 12/11/2013, Entered: 12/11/2013 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Joshua B. Katz in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 19, # 2 Exhibit 20, # 3 Exhibit 21, # 4 Exhibit 22, # 5 Exhibit 23, # 6 Exhibit 24, # 7 Exhibit 25, # 8 Exhibit 26, # 9 Exhibit 27, # 10 Exhibit 28, # 11 Exhibit 29)(Katz, Joshua) (Entered: 12/11/2013)
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Legal Document (Payment Possibly Required) 86 Filed: 12/11/2013, Entered: 12/11/2013 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 12/11/2013)
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Legal Document (Payment Possibly Required) 85 Filed: 12/11/2013, Entered: 12/11/2013 Motion for Leave to File Excess PagesCourt Filing
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Jack A. Gordon dated December 11, 2013. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 12/11/2013)
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Sealed Legal Document 84 Filed: 12/4/2013, Entered: 12/4/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Philippe Zimmerman dated December 4, 2013 re: Exhibits Filed Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Zimmerman, Philippe) (Entered: 12/04/2013)
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Sealed Legal Document 83 Filed: 12/4/2013, Entered: 12/4/2013 Declaration in Opposition to Motion
DECLARATION of Philippe Zimmerman in Opposition re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (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 (Filed Under Seal), # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10 (Filed Under Seal), # 11 Exhibit 11)(Zimmerman, Philippe) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 12/4/2013, Entered: 12/4/2013 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 12/04/2013)
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Sealed Legal Document 81 Filed: 11/22/2013, Entered: 11/22/2013 Sealed document
SEALED DOCUMENT placed in vault.(mps) (Entered: 11/22/2013)
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Legal Document (Payment Possibly Required) 80 Filed: 11/19/2013, Entered: 11/19/2013 Order on motion for extension of time to file Response/ReplyCourt Filing
ORDER granting 78 Letter Motion for Extension of Time to File Response/Reply re 75 MOTION to Amend/Correct 27 Amended Complaint. Opposition due by 12/4/2013; any reply due by 12/11/2013. The deadline for summary judgment motions remains the same - and will not be extended as a result of the pending motion to amend the complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/19/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 11/18/2013, Entered: 11/18/2013 order on motion for judgment on the pleadingsCourt Filing
ORDER denying 64 Motion for Judgment on the Pleadings. Discovery in this case closes today. Pursuant to Paragraph 13 of the Case Management Plan (Docket No. 25), motions for summary judgment are due by December 18, 2013. In the absence of any summary judgment motion, the parties' Joint Pretrial Order and related filings, prepared in accordance with this Court's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3), are due on that same date. On October 21, 2013, Plaintiff filed a motion for judgment on the pleadings with respect to Defendant Congoo's unfair competition counterclaim (Docket No. 64). In light of the summary judgment schedule, and because Plaintiff appears to rely on materials outside the pleadings in bringing its motion, the motion is DENIED without prejudice to seeking the same relief on summary judgment. Plaintiff also filed a motion seeking leave to amend the Second Amended Complaint on November 13, 2013 (Docket No. 75). Pursuant to the Local Rules, any opposition to this motion is due by November 27, 2013; any reply is due by December 4, 2013. The Clerk of Court is directed to terminate Docket No. 64. (Signed by Judge Jesse M. Furman on 11/18/2013) (lmb) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 11/18/2013, Entered: 11/18/2013 Motion for Extension of Time to File Response/ReplyCourt Filing
LETTER MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Amend/Correct 27 Amended Complaint. addressed to Judge Jesse M. Furman from Shari Alexander dated November 18, 2013. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Alexander, Shari) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 11/13/2013, Entered: 11/13/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 76 Filed: 11/13/2013, Entered: 11/13/2013 Declaration in Support of Motion
DECLARATION of Joshua B. Katz in Support re: 75 MOTION to Amend/Correct 27 Amended Complaint.. Document filed by Broadspring, 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)(Katz, Joshua) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 75 Filed: 11/13/2013, Entered: 11/13/2013 Motion to Amend/Correct
MOTION to Amend/Correct 27 Amended Complaint. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 74 Filed: 11/8/2013, Entered: 11/8/2013 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: 71 Letter filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. ENDORSEMENT: The unredacted versions of the exhibits will be placed under seal. The Court will rule on the propriety of the redactions in conjunction with the motion for judgment on the pleadings. (Signed by Judge Jesse M. Furman on 11/8/2013) (lmb) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 73 Filed: 11/8/2013, Entered: 11/8/2013 Declaration in Opposition to Motion
DECLARATION of Jordan Greenberger in Opposition re: 64 MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim.. Document filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit Deposition Transcript Excerpt)(Greenberger, Jordan) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 72 Filed: 11/7/2013, Entered: 11/7/2013 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 64 MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 11/07/2013)
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Legal Document (Payment Possibly Required) 71 Filed: 11/7/2013, Entered: 11/7/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jordan Greenberger dated November 7, 2013 re: Filing Under Seal. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Zimmerman, Philippe) (Entered: 11/07/2013)
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Legal Document (Payment Possibly Required) 70 Filed: 11/7/2013, Entered: 11/7/2013 Declaration in Opposition to Motion
DECLARATION of Philippe Zimmerman in Opposition re: 64 MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Redacted for Filing Under Seal), # 5 Exhibit 5, # 6 Exhibit 6 (Redacted for Filing Under Seal))(Zimmerman, Philippe) (Entered: 11/07/2013)
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Legal Document (Payment Possibly Required) 69 Filed: 11/5/2013, Entered: 11/6/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated 11/1/2013 re: We respectfully request that the Court confirm that our reply is not due until November 13. ENDORSEMENT: So ordered. (Signed by Judge Jesse M. Furman on 11/5/2013) (lmb) (Entered: 11/06/2013)
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Legal Document (Payment Possibly Required) 68 Filed: 10/24/2013, Entered: 10/24/2013 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/16/13 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...(Rodriguez, Somari) (Entered: 10/24/2013)
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Legal Document (Payment Possibly Required) 67 Filed: 10/24/2013, Entered: 10/24/2013 transcriptCourt Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/16/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Sabrina D'Emidio, (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 11/18/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/25/2014.(Rodriguez, Somari) (Entered: 10/24/2013)
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Legal Document (Payment Possibly Required) 66 Filed: 10/21/2013, Entered: 10/21/2013 Memorandum of Law
MEMORANDUM OF LAW in Support re: 64 MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim.. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 65 Filed: 10/21/2013, Entered: 10/21/2013 Declaration in Support of Motion
DECLARATION of Joshua B. Katz in Support re: 64 MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Katz, Joshua) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 64 Filed: 10/21/2013, Entered: 10/21/2013 Motion for Judgment on the Pleadings
MOTION for Judgment on the Pleadings dismissing Congoo's unfair competition counterclaim. Document filed by Broadspring, Inc.. Responses due by 11/7/2013(Katz, Joshua) (Entered: 10/21/2013)
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Sealed Legal Document 63 Filed: 10/18/2013, Entered: 10/21/2013 Sealed document
SEALED DOCUMENT placed in vault.(mps) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 62 Filed: 10/18/2013, Entered: 10/18/2013 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 3/22/13 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) (Entered: 10/18/2013)
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Legal Document (Payment Possibly Required) 61 Filed: 10/18/2013, Entered: 10/18/2013 transcriptCourt Filing
TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 3/22/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: William Richards, (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 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/19/2014.(McGuirk, Kelly) (Entered: 10/18/2013)
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Legal Document (Payment Possibly Required) 60 Filed: 10/16/2013, Entered: 10/17/2013 OrderCourt Filing
ORDER: As stated on the record at the conference held before the Court on October 16, 2013, Defendants are hereby ORDERED to review all of the documents they have produced and designated as Attorneys' Eyes Only ("AEO"), and re- or de-designate any such documents as appropriate by October 23, 2013. In the event that Plaintiff believes that documents remain improperly designated AEO, Plaintiff shall submit the relevant documents for the Court to review in camera along with a supporting memorandum of law, not to exceed ten pages, by November 1, 2013. Defendants' opposition to any such memorandum, also not to exceed ten pages, shall be due November 8, 2013. Plaintiff's reply, if any, shall not exceed five pages and shall be due November 11, 2013. As stated on the record at the conference, pending resolution of these matters, the Court will place under seal the exhibit to Plaintiff's letter of October 11, 2013, that was emailed separately to the Court. As further stated on the record at the conference, the date in paragraph 7(b) of the Case Management Plan and Scheduling Order ("CMP") for the completion of all fact discovery is extended to November 18, 2013. The date in paragraph 7(c) of the CMP for the completion of all expert discovery is also extended to November 18, 2013. The parties are reminded that no further extensions of these dates will be granted. As further stated on the record at the conference, Plaintiff shall file any motion for spoliation sanctions by the deadline for summary judgment motions. Finally, the conference previously scheduled for October 31, 2013 is canceled., ( Expert Discovery due by 11/18/2013., Fact Discovery due by 11/18/2013.) (Signed by Judge Jesse M. Furman on 10/16/2013) (lmb) (Entered: 10/17/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 10/11/2013, Entered: 10/11/2013 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Philippe Zimmerman dated October 11, 2013 re: 53 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 7, 2013.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Zimmerman, Philippe) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 58 Filed: 10/11/2013, Entered: 10/11/2013 Order on Motion for Local Rule 37.2 ConferenceCourt Filing
ORDER granting 53 Letter Motion for Local Rule 37.2 Conference. The parties shall appear for a conference on 10/16/2013 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 10/11/2013, Entered: 10/11/2013 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/9/13 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...(Rodriguez, Somari) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 10/11/2013, Entered: 10/11/2013 transcriptCourt Filing
TRANSCRIPT of Proceedings re: MOTION held on 4/9/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Denise Richards, (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 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/12/2014.(Rodriguez, Somari) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 10/11/2013, Entered: 10/11/2013 Reply to Response to motionCourt Filing
LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 11, 2013 re: 53 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 7, 2013.. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1)(Gordon, Jack) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 10/10/2013, Entered: 10/10/2013 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Philippe Zimmerman dated October 10, 2013 re: 53 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 7, 2013.. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Zimmerman, Philippe) (Entered: 10/10/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 10/7/2013, Entered: 10/7/2013 Motion for Local Rule 37.2 ConferenceCourt Filing
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jack A. Gordon dated October 7, 2013. Document filed by Broadspring, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gordon, Jack) (Entered: 10/07/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 8/29/2013, Entered: 8/29/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated 8/28/2013 re: Please accept this brief reply to Defendants' letter of earlier today, which contained, inter alia, a request for affirmative relief in the form of sanctions against Plaintiff.. Document filed by Broadspring, Inc.(lmb) (Entered: 08/29/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 8/29/2013, Entered: 8/29/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Philippe Zimmerman dated 8/28/2013 re: We write in response to plaintiff Broadspring, Inc.'s ("Plaintiff" or "Broadspring") letter, dated August 24, 2013 ("Broadspring's Letter"). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(lmb) (Entered: 08/29/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 8/29/2013, Entered: 8/29/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated 8/23/2013 re: We write on behalf of Plaintiff to request that the Court resolve a dispute over Defendants' refusal to respond to Plaintiff's Rule 30(b)(6) notice and document requests seeking discovery relating to Plaintiff's damages in this action. ENDORSEMENT: Plaintiff's application is GRANTED substantially for the reasons stated herein. Defendants' argument with respect to Plaintiff's Request No. 39 misses the mark as that request related to Defendants' counterclaims and the instant requests relate to Plaintiff's claims. Defendants shall produce the relevant documents, subject to an AEO designation, within the next two weeks. (Signed by Judge Jesse M. Furman on 8/29/2013) (lmb) (Entered: 08/29/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 8/23/2013, Entered: 8/23/2013 Notice of Appearance
NOTICE OF APPEARANCE by Shari Ann Alexander on behalf of Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. (Alexander, Shari) (Entered: 08/23/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 8/21/2013, Entered: 8/21/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon and Philippe A. Zimmerman dated 8/20/2013 re: The parties respectfully submit this joint letter to request permission to conduct fact discovery during the period for expert discovery. At the discovery conference held on July 16, 2013, the Court extended the fact discovery cut-off from August 6 to September 6, and extended the expert discovery cut-off from September 27 to October 28. ENDORSEMENT: Application GRANTED. The discovery deadlines will not be extended further absent extraordinary circumstances. The pretrial conference scheduled for September 10, 2013, is rescheduled for October 31, 2013, at 4 p.m., ( Fact Discovery due by 10/28/2013.), ( Pretrial Conference set for 10/31/2013 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/21/2013) (lmb) (Entered: 08/21/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 8/12/2013, Entered: 8/12/2013 Answer to Amended Counterclaim
ANSWER to 45 Amended Counterclaim,. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 08/12/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 7/16/2013, Entered: 8/6/2013 OrderCourt Filing
ORDER: As stated on the record at the conference held today before the Court, the date in paragraph 7(b) of the Case Management Plan and Scheduling Order (CMP) for the completion of all fact discovery is extended to September 6, 2013; the date in paragraph 7(c) of the CMP for the completion of all expert discovery is extended to October 28, 2013; and the conference scheduled for August 8, 2013, is rescheduled for September 10, 2013, at 3:15 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. In addition, no later than July 23, 2013, the parties are directed to submit via e-mail (Furman_NYSDChambers@nysd.uscourts.gov) a joint letter to the Court addressing the outstanding discovery issues discussed at the conference. (Fact Discovery due by 9/6/2013. Expert Discovery due by 10/28/2013. Pretrial Conference set for 9/10/2013 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/16/2013) (ab) (Entered: 08/06/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 7/26/2013, Entered: 7/26/2013 Amended Counterclaim
AMENDED COUNTERCLAIM amending 28 Amended Complaint, 30 Answer to Amended Complaint, Counterclaim, 27 Amended Complaint against Broadspring, Inc..Document filed by Rafael Consentino, Congoo, L.L.C., Ashraf Nashed. Related document: 28 Amended Complaint filed by Broadspring, Inc., 30 Answer to Amended Complaint, Counterclaim filed by Congoo, L.L.C., Ashraf Nashed, 27 Amended Complaint filed by Broadspring, Inc..(Nigro, Jennifer) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 7/26/2013, Entered: 7/26/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jennifer Nigro dated 7/23/2013 re: We represent defendants Congoo, LLC, Ashraf Nashed and Rafael Cosentino (collectively, "Defendants") in the referenced action. Regrettably, we submit this letter in response to Broadspring's counsel's letter of even date. ENDORSEMENT: Defendants are granted leave to amend their answer and counterclaims to limit the "Congoo Clients" to Geology.com and Readers Digest. In light of that, and upon due consideration of Plaintiff's letter of the same date, Defendants' proposed responses to the Document Requests, as set forth above, are acceptable. The documents responsive to Request Number 39 shall be produced no later than July 31, 2013. As for the search terms, Defendants are hereby ordered to provide to Plaintiff, no later than July 31, 2013, (1) a list of the search terms they are currently employing; (2) and the number and type of document(s) generated by each of those terms as well as the terms that Plaintiff previously proposed for use (i.e., a "hit list"). Further, Defendants are advised that, whatever search process they use, email attachments, in whatever format, must be reviewed and, if responsive, disclosed. Failure to do so will result in appropriate sanctions. The Court expresses no view on the search terms for Plaintiff's ESI, as any dispute is not ripe for review given the ongoing meet-and-confer process. Finally, the Court advises the parties that it is beginning to lose patience with their failure to work together where required (as evidenced, most recently, by the failure to abide by the Court's order to submit a joint letter), and inability to resolve disagreements in good faith. In the event that that pattern continues, the Court will not hesitate to impose costs or other sanctions on the party deemed to be at fault in connection with disputes. (Signed by Judge Jesse M. Furman on 7/26/2013) (lmb) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 7/26/2013, Entered: 7/26/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated 7/23/2013 re: Plaintiff respectfully requests that Defendants be ordered to immediately provide a list of the search terms they are currently employing, and disclose the number and types of documents generated by each of those terms, as well as by the terms Plaintiff proposed more than a month ago. Document filed by Broadspring, Inc.(lmb) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 7/26/2013, Entered: 7/26/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Joshua B. Katz dated 7/19/2013 re: We submit that there can be no serious dispute that Defendants agreed to re-designate the documents at issue. This was agreed to over the phone on June 25, and confirmed in two separate, unambiguous writings. Accordingly, we respectfully request that the Court enter an Order deeming these documents to be re-designated as only "Confidential." Alternatively, we request that the documents be reviewed in camera. Document filed by Broadspring, Inc.(lmb) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 7/26/2013, Entered: 7/26/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jennifer Nigro dated 7/24/2013 re: We represent defendants Congoo, LLC, Ashraf Nashed and Rafael Cosentino (collectively, "Defendants") in the referenced action. We write in response to plaintiff Broadspring's counsel's letter dated July 19, 2013 ("Broadspring's Letter"). ENDORSEMENT: No later than July 30, 2013, Defendants shall produce the materials set forth in, and pursuant to the terms of, the highlighted portion of the third paragraph above. If Plaintiff believes that any remaining redactions and/or AEO designations are inappropriate, it shall advise the Court by letter no later than August 1, 2013, with specific reference to the challenged materials. In that case, Defendants shall submit the challenged materials to the Court for its in camera review, along with a letter (copied to Plaintiff) supporting the basis for the redactions and/or AEO designations. If this matter is pursued further, the Court may impose appropriate sanctions on whichever party does not prevail in the matter. (Signed by Judge Jesse M. Furman on 7/26/2013) (lmb) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 7/26/2013, Entered: 7/26/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated 7/25/2013 re: While we recognize that Your Honor's Individual Rules do not expressly contemplate letters in reply to discovery disputes, Ms. Nigro's letter of last night, in which she intimates that my firm "does not intend to abide by" the Protective Order in this case, cries out for a brief response. ENDORSEMENT: The Court trusts that all parties will abide by the terms of the Protective Order in effect and will impose appropriate sanctions in the event that any party does not. (Signed by Judge Jesse M. Furman on 7/26/2013) (lmb) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 7/19/2013, Entered: 7/19/2013 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/16/13 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...(Rodriguez, Somari) (Entered: 07/19/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 7/19/2013, Entered: 7/19/2013 transcriptCourt Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/16/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (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 8/12/2013. Redacted Transcript Deadline set for 8/22/2013. Release of Transcript Restriction set for 10/21/2013.(Rodriguez, Somari) (Entered: 07/19/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 7/16/2013, Entered: 7/17/2013 OrderCourt Filing
ORDER: IT IS HEREBY ORDERED THAT: (1) Plaintiff is authorized to serve a subpoena duces tecum in the form annexed hereto on Optimum Online, seeking the personally identifiable information related to the IPs, as described in Exhibit A to the subpoena; and (2) Within ten (10) calendar days after service of the subpoena, Optimum Online shall notify the subscriber(s) associated with the IPs that their identities have been subpoenaed by Plaintiff. The subscribers whose identities have been subpoenaed shall have ten (10) calendar days from the date of such notice to challenge the disclosure by filing a motion with this Court contesting the subpoena; and (3) If Optimum Online wishes to move to quash the subpoena, it shall do so before the return date of the subpoena. If a motion to quash or other customer challenge is brought, Optimum Online shall preserve the information sought by Plaintiff in the subpoena pending resolution of such motion or challenge; and (4) Plaintiff shall serve a copy of this Order with the attached subpoena on Optimum Online. Optimum Online, in turn, must provide a copy of this Order along with the required notice to the subscriber(s) whose identity is sought pursuant to this Order. (Signed by Judge Jesse M. Furman on 7/16/2013) (lmb) (Entered: 07/17/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 7/15/2013, Entered: 7/15/2013 LetterCourt Filing
LETTER addressed to Judge Jesse M. Furman from Jennifer Nigro dated 7/15/2013 re: We write in response to plaintiff Broadspring's counsel's letter, dated July 10, 2013 ("Broadspring's Letter"). Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(lmb) (Entered: 07/15/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 7/11/2013, Entered: 7/12/2013 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Jesse M. Furman from Jack A. Gordon dated 7/10/2013 re: Counsel for plaintiff request a discovery conference pursuant to Rule 2.D of the Court's Individual Rules and Practices in Civil Cases. ENDORSEMENT: Defendants shall respond by letter, not to exceed three pages, by July 15, 2013. The parties shall appear for a conference on July 16, 2013, at 2:30 p.m. in Courtroom 1105 of the US Courthouse, 40 Centre Street, NY NY.(Status Conference set for 7/16/2013 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/11/2013) (tro) (Entered: 07/12/2013)
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Blank 34 Filed: 5/17/2013, Entered: 5/17/2013 protective orderCourt Filing
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jesse M. Furman on 5/17/2013) (tro) (Entered: 05/17/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 5/14/2013, Entered: 5/14/2013 Motion for Protective Order
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION for Protective Order. Document filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed.(Nigro, Jennifer) Modified on 5/14/2013 (db). (Entered: 05/14/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 5/13/2013, Entered: 5/13/2013 Answer to amended complaint
ANSWER to 27 Amended Complaint. Document filed by Rafael Consentino.(Nigro, Jennifer) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 5/13/2013, Entered: 5/13/2013 Notice of Appearance
NOTICE OF APPEARANCE by Jennifer Patricia Nigro on behalf of Rafael Consentino (Nigro, Jennifer) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 5/13/2013, Entered: 5/13/2013 Answer to amended complaint
ANSWER to 27 Amended Complaint., COUNTERCLAIM against Broadspring, Inc.. Document filed by Ashraf Nashed, Congoo, L.L.C..(Nigro, Jennifer) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 5/6/2013, Entered: 5/6/2013 answer to counterclaim
ANSWER to 26 Counterclaim. Document filed by Broadspring, Inc..(Katz, Joshua) (Entered: 05/06/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 4/24/2013, Entered: 4/29/2013 Amended Complaint
AMENDED COMPLAINT amending 27 Amended Complaint against Congoo, L.L.C., Rafael Consentino, Does, Ashraf Nashed with JURY DEMAND. Document filed by Broadspring, Inc. Related document: 27 Amended Complaint filed by Broadspring, Inc. (ft) (Entered: 04/29/2013)
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Blank 27 Filed: 4/24/2013, Entered: 4/26/2013 Amended Complaint
AMENDED COMPLAINT amending 1 Complaint against Adblade, Congoo, L.L.C., Does, Ashraf Nashed, Rafael Consentino with JURY DEMAND.Document filed by Broadspring, Inc.. Related document: 1 Complaint filed by Broadspring, Inc. (tro) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 4/11/2013, Entered: 4/11/2013 Answer
ANSWER to 1 Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Ashraf Nashed, Does, Congoo, L.L.C., Eric Clark, Adblade.(Nigro, Jennifer) (Entered: 04/11/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 4/9/2013, Entered: 4/10/2013 Case Management PlanCourt Filing
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Deposition due by 9/27/2013. Fact Discovery due by 8/6/2013. Expert Discovery due by 9/27/2013. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 8/8/2013 at 03:00 PM in Courtroom 1105, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth. (Signed by Judge Jesse M. Furman on 4/9/2013). (rjm) (Entered: 04/10/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 4/9/2013, Entered: 4/10/2013 OrderCourt Filing
ORDER. For the reasons stated on the record at the oral argument held before the Court today, Plaintiff's Motion to Compel Preservation of Evidence and for Leave to Conduct Expedited Discovery is DENIED. It is further ORDERED that the Stipulation and Order for the Preservation of Documents, filed on March 25, 2013, (Docket No. 10), is hereby extended, on consent of Defendants, for the duration of this litigation. (Signed by Judge Jesse M. Furman on 4/9/2013). (rjm) (Entered: 04/10/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 4/9/2013, Entered: 4/9/2013 Reply Affirmation in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIRMATION of PHILIPPE A. ZIMMERMAN in Opposition re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Adblade, Eric Clark, Congoo, L.L.C., Does, Ashraf Nashed. (Nigro, Jennifer) Modified on 4/10/2013 (ldi). (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 4/9/2013, Entered: 4/9/2013 Reply Affidavit in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIDAVIT of ASHRAF NASHED in Opposition re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Adblade, Eric Clark, Congoo, L.L.C., Does, Ashraf Nashed. (Nigro, Jennifer) Modified on 4/10/2013 (ldi). (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 4/9/2013, Entered: 4/9/2013 LetterCourt Filing
Letter addressed to Judge Jesse M. Furman from Joshua B. Katz dated 4/4/2013 re: The parties respectfully submit this joint letter pursuant to the Court's Order of March 28, 2013, along with the accompanying Proposed Civil Case Management Plan and Scheduling Order. Document filed by Adblade, Broadspring, Inc., Eric Clark, Congoo, L.L.C., Does, Ashraf Nashed.(lmb) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 4/8/2013, Entered: 4/8/2013 Notice of Appearance
NOTICE OF APPEARANCE by Jennifer Patricia Nigro on behalf of Adblade, Eric Clark, Congoo, L.L.C., Does, Ashraf Nashed (Nigro, Jennifer) (Entered: 04/08/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 4/2/2013, Entered: 4/2/2013 Reply Affidavit in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIDAVIT of Jonathan Markiles in Support re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Broadspring, Inc.. (Katz, Joshua) Modified on 4/3/2013 (ldi). (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 4/2/2013, Entered: 4/2/2013 Reply Memorandum of Law in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Broadspring, Inc.. (Katz, Joshua) Modified on 4/3/2013 (ldi). (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 3/29/2013, Entered: 3/29/2013 Declaration in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ashraf Nashed in Opposition re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Adblade, Eric Clark, Congoo, L.L.C., Ashraf Nashed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Greenberger, Jordan) Modified on 4/1/2013 (ldi). (Entered: 03/29/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 3/29/2013, Entered: 3/29/2013 Declaration in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Eric Clark in Opposition re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Adblade, Eric Clark, Congoo, L.L.C., Ashraf Nashed. (Greenberger, Jordan) Modified on 4/1/2013 (ldi). (Entered: 03/29/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 3/29/2013, Entered: 3/29/2013 Memorandum of Law in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Adblade, Eric Clark, Congoo, L.L.C., Ashraf Nashed. (Greenberger, Jordan) Modified on 4/1/2013 (ldi). (Entered: 03/29/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 3/28/2013, Entered: 3/28/2013 Notice of Appearance
NOTICE OF APPEARANCE by Philippe Alain Zimmerman on behalf of Adblade, Eric Clark, Congoo, L.L.C., Ashraf Nashed (Zimmerman, Philippe) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 3/28/2013, Entered: 3/28/2013 Notice of Appearance
NOTICE OF APPEARANCE by Jordan Daniel Greenberger on behalf of Adblade, Eric Clark, Congoo, L.L.C., Ashraf Nashed (Greenberger, Jordan) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 3/28/2013, Entered: 3/28/2013 Certificate of Service Other
CERTIFICATE OF SERVICE of Order of 3/28/13 and Individual Rules and Practices served on all defendants on 3/28/13. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 3/28/2013, Entered: 3/28/2013 OrderCourt Filing
ORDER: Prior to the oral argument scheduled for April 9, 2013, at 3:30 p.m., the parties are hereby ORDERED to confer with each other regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with the Court's Individual Rules and Practices, which are available at http://nysd.uscourts.gov/judge/Furman, the parties are hereby ORDERED to submit via e-mail (Furman_NYSDChambers@nysd.uscourts.gov) a Proposed Civil Case Management Plan and Scheduling Order by Thursday of the week prior to the argument. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/28/2013) (lmb) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 3/25/2013, Entered: 3/25/2013 Stipulation and OrderCourt Filing
STIPULATION AND ORDER re Mutual Preservation of Documents including Electronically Stored Information. Pending a decision on plaintiffs motion (and, in the event the Court grants plaintiffs motion to compel forensic imaging, pending completion of said imaging), the Parties shall take all reasonable steps to preserve and retain all documents and other materials in their possession, custody or control (or in the possession, custody, or control of their attorneys or agents) that may be discoverable in this action, or that otherwise relate in any way to this dispute, and as further set forth in this document. (Signed by Judge Jesse M. Furman on 3/15/2013) (cd) (Entered: 03/25/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 3/22/2013, Entered: 3/22/2013 Scheduling OrderCourt Filing
SCHEDULING ORDER: As discussed on the telephone conference held today, Defendants shall file any opposition to Plaintiff's Motion to Compel Preservation of Evidence and for Leave to Conduct Expedited Discovery no later than March 29, 2013. Plaintiff's reply, if any, is due no later than April 2, 2013. It is FURTHER ORDERED that the parties shall appear for oral argument on Plaintiff's Motion on April 9, 2013, at 3:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Plaintiff shall electronically serve a copy of this Order on Defendants and/or Defense Counsel forthwith. Responses due by 3/29/2013. Replies due by 4/2/2013. Oral Argument set for 4/9/2013 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/22/2013) (lmb) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 3/22/2013, Entered: 3/22/2013 Certificate of Service Complaints
CERTIFICATE OF SERVICE of Summons and Complaint. Eric Clark served on 3/21/2013, answer due 4/11/2013. Service was accepted by Eric Clark. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 3/22/2013, Entered: 3/22/2013 Certificate of Service Complaints
CERTIFICATE OF SERVICE of Summons and Complaint. Ashraf Nashed served on 3/21/2013, answer due 4/11/2013. Service was accepted by Eric Clark. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 3/22/2013, Entered: 3/22/2013 Certificate of Service Complaints
CERTIFICATE OF SERVICE of Summons and Complaint. Congoo, L.L.C. served on 3/21/2013, answer due 4/11/2013. Service was accepted by Eric Clark. Document filed by Broadspring, Inc.. (Katz, Joshua) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 3/21/2013, Entered: 3/21/2013 Declaration in Support of Motion
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Jonathan Markiles in Support re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Broadspring, 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)(Katz, Joshua) Modified on 3/22/2013 (ldi). (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 3/21/2013, Entered: 3/21/2013 Memorandum of Law
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 3 EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery.. Document filed by Broadspring, Inc.. (Katz, Joshua) Modified on 3/22/2013 (ldi). (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 3/21/2013, Entered: 3/21/2013 ~Motion for Order to Show Cause
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - EMERGENCY MOTION for Order to Show Cause to Compel Preservation of ESI and Permit Expedited Discovery. Document filed by Broadspring, Inc..(Katz, Joshua) Modified on 3/22/2013 (ldi). (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 3/21/2013, Entered: 3/21/2013 Notice of Appearance
NOTICE OF APPEARANCE by Joshua B Katz on behalf of Broadspring, Inc. (Katz, Joshua) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 3/20/2013, Entered: 3/21/2013 Complaint
COMPLAINT against Adblade, Eric Clark, Congoo, L.L.C., Does, Ashraf Nashed. (Filing Fee $ 350.00, Receipt Number not indicated)Document filed by Broadspring, Inc.(laq) (jd). (Entered: 03/21/2013)
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