Gordon v. McGinley et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:11-cv-01001
District Judge Richard J. Sullivan, presiding
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District Judge Richard J. Sullivan
Last Updated January 16, 2017 at 11:59 PM EST (9.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Janine Gordon, Plaintiff

Represented by NAVAL AIR WARFARE CENTER, AIRCRAFT DIV

Name Phone Fax E-Mail
Space Janine Gordon +1 718 753 2829 janine@thing.net
TERMINATED: 02/11/2013 Joseph J. Mainiero +1 212 267 6611 +1 212 227 9692 joe@jjmlegal.com
v.
No Logo Agnes Andree Marguerite Trouble, Defendant

Represented by Hoffmann Marshall Strong LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Gloria C. Phares +1 646 741 4564 +1 646 741 4503 gcphares@hmscounsel.com

Represented by Law Offices of Jane Marie Metcalf

Name Phone Fax E-Mail
LEAD ATTORNEY Miriam Gedwiser +1 212 336 2467 +1 212 336 2222 mgedwiser@pbwt.com
No Logo Agnes B. Worldwide Inc., Defendant
No Logo Christopher Perez, Defendant

Represented by Frankfurt Kurnit Klein & Selz PC

Name Phone Fax E-Mail
LEAD ATTORNEY Nicole Isobel Hyland +1 212 826 5552 +1 212 593 9175 nhyland@fkks.com
LEAD ATTORNEY Edward Rosenthal +1 212 980 0120 +1 212 593 9175 erosenthal@fkks.com
No Logo Jose Freire, Defendant

Represented by Suite 1900

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Margaret M. Brady +1 212 949 5800 +1 212 949 5085 pbrady@bkwlegal.com
No Logo Levi Strauss & Co. Inc., Defendant

Represented by Davis & Gilbert LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Guy Robert Cohen +1 212 468 4800 +1 212 974 6959 gcohen@dglaw.com
Space Shirin Keen +1 212 468 4934 +1 212 974 7056 skeen@dglaw.com
No Logo Peter Halpert, Defendant

Represented by Mintz & Gold LLP

Name Phone Fax E-Mail
Space Schott Aktiengesellschaft ssmedresman@sorinrand.com

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Jura Christine Zibas +1 212 915 5756 +1 212 490 3038 jura.zibas@wilsonelser.com
No Logo Peter Hay Halpert Fine Art, Defendant
No Logo Ratio 3 Gallery, Defendant
No Logo Ryan McGinley, Defendant

Represented by Kent, Beatty & Gordon

Name Phone Fax E-Mail
LEAD ATTORNEY Jack A. Gordon +1 212 421 4300 +1 212 421 4303 JAG@KBG-law.com
LEAD ATTORNEY Joshua B Katz +1 212 421 4300 +1 212 421 4303 jbk@kbg-law.com
No Logo Team Gallery, Inc., Defendant

Represented by Suite 1900

Name Phone Fax E-Mail
Space Ronnie L. Silverberg +1 212 949 5800 +1 212 949 5085 rsilverberg@bkwlegal.com
Attributes
Citation Section 17 U.S.C. § 101
Nature of Suit 820 - Property Rights: Copyright
Timeline
  Entries (90) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 9 Filed: 3/16/2011, Entered: None Court Filing
ORDER: The Court is in receipt of (1) a pre-motion letter dated March 9, 2011 from Defendants Agnes B. Worldwide, Inc. and Agnes Andree Marguerite Trouble (the "AB Defendants"), requesting a pre-motion conference in anticipation of filing a motion to dismiss; and (2) a response letter from Plaintiff dated March 15, 2011, opposing the proposed motion. IT IS HEREBY ORDERED THAT (1) the initial conference previously scheduled for April 1, 2011 is adjourned to April 8, 2011, at 12:00 p.m.; and (2) the rescheduled conference shall also serve as a pre-motion conference. SO ORDERED. (Status Conference set for 4/8/2011 at 12:00 AM before Judge Richard J. Sullivan) (This conf. was previously set as a status conf. and has been re-set as such) (Signed by Judge Richard J. Sullivan on 3/15/2011) (lnl) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 92 Filed: 7/23/2013, Entered: None
MANDATE of USCA (Certified Copy) as to 76 Notice of Appeal filed by Janine Gordon, 89 Notice of Interlocutory Appeal,, filed by Peter Halpert, Agnes Andree Marguerite Trouble, Team Gallery, Inc., Levi Strauss & Co. Inc., Peter Hay Halpert Fine Art, Ratio 3 Gallery, Janine Gordon, Christopher Perez, Agnes B. Worldwide Inc., Jose Freire, Ryan McGinley, 88 Notice of Interlocutory Appeal,, filed by Peter Halpert, Agnes Andree Marguerite Trouble, Team Gallery, Inc., Levi Strauss & Co. Inc., Peter Hay Halpert Fine Art, Ratio 3 Gallery, Janine Gordon, Christopher Perez, Ryan McGinley USCA Case Number 13-1852(L), 13-2418(con), 13-2447(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2013. (nd) (Entered: 07/24/2013)
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Legal Document (Payment Possibly Required) 91 Filed: 7/22/2013, Entered: None Court Filing
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by Plaintiff Janine Gordon and the respective undersigned counsel for the Defendants hereto, that this action is hereby dismissed in is entirety, with prejudice, and without costs or disbursements to any party. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/22/2013) (ama) (Entered: 07/22/2013)
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Legal Document (Payment Possibly Required) 90 Filed: 7/19/2013, Entered: None
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Janine Gordon and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ryan McGinley.(Katz, Joshua) Modified on 7/22/2013 (jno). (Entered: 07/19/2013)
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Legal Document (Payment Possibly Required) 89 Filed: 6/18/2013, Entered: None
SECOND NOTICE OF INTERLOCUTORY APPEAL from 87 I.F.P. Endorsement, 86 Order on Motion for Reconsideration, Order on Motion for Recusal, Order on Motion for Extension of Time to File,, Order on Motion to Stay,,,,,,,,,,,,,,,. Document filed by Agnes B. Worldwide Inc., Jose Freire, Janine Gordon, Peter Halpert, Levi Strauss & Co. Inc., Agnes Andree Marguerite Trouble, Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Gordon, Janine) (Entered: 06/18/2013)
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Legal Document (Payment Possibly Required) 88 Filed: 6/18/2013, Entered: None
FIRST NOTICE OF INTERLOCUTORY APPEAL from 86 Order on Motion for Reconsideration, Order on Motion for Recusal, Order on Motion for Extension of Time to File,, Order on Motion to Stay,,,,,,,,,,,,,,,. Document filed by Janine Gordon, Peter Halpert, Levi Strauss & Co. Inc., Agnes Andree Marguerite Trouble, Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Gordon, Janine) (Entered: 06/18/2013)
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Legal Document (Payment Possibly Required) 87 Filed: 6/14/2013, Entered: None Court Filing
ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Richard J. Sullivan on 6/13/2013) (cd) (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 86 Filed: 6/4/2013, Entered: None Court Filing
ORDER denying 71 Motion for Reconsideration ; denying 73 Motion for Recusal. ; granting 74 Motion for Extension of Time to File Plaintiff's motion for an extension of time to appeal; denying 79 Motion for Recusal. ; denying 82 Motion to Stay. For the reasons set forth above, the Court (1) DENIES Plaintiff's motion for recusal; (2) DENIES Plaintiffs motion for reconsideration of the March 27 Order; (3) GRANTS Plaintiff's motion for an extension of time to appeal; and (4) DENIES Plaintiffs motion for a stay pending appeal without prejudice to renewal upon posting of a supersedeas bond or alternate security for the full amount of the Judgment. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff shall have until June 18,20]3 to file any appeal. The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. Nos. 71,73,74,79, and 82. SO ORDERED.(Signed by Judge Richard J. Sullivan on 6/04/2013) (ama) (Entered: 06/04/2013)
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Legal Document (Payment Possibly Required) 85 Filed: 5/29/2013, Entered: None
PLAINTIFF'S OMNIBUS MEMORANDUM (1) in Response to the Court's Order of May 20, 2013, and (2) in Support of Plaintiff's Motions for (A) Reconsideration, (B) Extension of Time to Appeal,(C) a Stay Pending Appeal, (D) a TRO and OSC (E) Recusal. Document filed by Janine Gordon. (sac) (Entered: 05/30/2013)
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Legal Document (Payment Possibly Required) 84 Filed: 5/23/2013, Entered: None
JOINT MEMORANDUM OF LAW in Opposition re: 74 MOTION for Extension of Time to File., 82 MOTION to Stay re: 70 Clerk's Judgment,., 79 MOTION for Recusal., 73 MOTION for Recusal., 71 MOTION for Reconsideration re; 69 Order on Motion for Attorney Fees,. and in response to Order of May 20, 2013. Document filed by Ryan McGinley. (Katz, Joshua) (Entered: 05/23/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 5/22/2013, Entered: None
MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION FOR STAY PENDING APPEAL; re: 82 MOTION to Stay re: 70 Clerk's Judgment. Document filed by Janine Gordon. (sc) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 5/22/2013, Entered: None
NOTICE OF MOTION FOR PLAINTIFF'S EMERGENCY MOTION FOR STAY PENDING APPEAL; re: 70 Clerk's Judgment(on attorneys' fees). Document filed by Janine Gordon.(sc) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 81 Filed: 5/20/2013, Entered: None Court Filing
ORDER: In light of the Court's construction of Plaintiffs Application, IT IS HEREBY ORDERED THAT Defendants shall respond by May 23, 2013, and Plaintiff shall submit any reply by May 30, 2013. Defendants' response should address, inter alia, the timeliness of Defendant' s appeal and the arguments raised in her letter dated May 17, 2013. The Court also notes that, to the extent Plaintiff seeks to avoid "the standard requirement of... a supersedeas bond in the full amount of the judgment," she bears the burden of "providing specific reasons" why the Court should do so. de la Fuente v. DCI Telecomms., Inc., 269 F. Supp. 2d 237, 240 (S.D.N.Y. 2003). ( Replies due by 5/30/2013. Response due by 5/23/2013.) (Signed by Judge Richard J. Sullivan on 5/20/2013) (tro) Modified on 5/23/2013 (tro). (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 5/13/2013, Entered: None
AMENDED NOTICE OF MOTION; re: Motion for Recusal of the Honorable Richard J. Sullivan. Document filed by Janine Gordon.(sc) (Entered: 05/14/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 5/13/2013, Entered: None
NOTICE RE: PENDING MOTION TO PROCEED IN FORMA PAUPERIS re: 76 Notice of Appeal. A notice of appeal was filed in this case on 5/06/2013. An appeal in the above-referenced case has been docketed in the Court of Appeals. According to the district court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in district court on April 01, 2013 and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals. (nd) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 5/10/2013, Entered: None
UNSIGNED ORDER TO SHOW CAUSE filed by Janine Gordon. (vn) (Entered: 05/10/2013)
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Legal Document (Payment Possibly Required) 76 Filed: 5/6/2013, Entered: None
NOTICE OF APPEAL from 69 Order on Motion for Attorney Fees, 70 Clerk's Judgment. Document filed by Janine Gordon. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 75 Filed: 5/6/2013, Entered: None
REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. Document filed by Janine Gordon.(nd) (Entered: 05/07/2013)
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Legal Document (Payment Possibly Required) 74 Filed: 5/6/2013, Entered: None
MOTION for Extension of Time to File A Notice of Appeal. Document filed by Janine Gordon.(nd) (Entered: 05/07/2013)
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Legal Document (Payment Possibly Required) 73 Filed: 5/6/2013, Entered: None
NOTICE OF MOTION FOR THE RECUSAL OF HON. RICHARD SULLIVAN. Document filed by Janine Gordon.(sc) Modified on 5/7/2013 (sc). (Entered: 05/07/2013)
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Legal Document (Payment Possibly Required) 71 Filed: 5/6/2013, Entered: None
NOTICE OF MOTION for reconsideration and to reverse the decision to grant the defendants' joint motion for legal fees; re: 69 Order on Motion for Attorney Fees. Document filed by Janine Gordon.(sc) (Entered: 05/07/2013)
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Legal Document (Payment Possibly Required) 70 Filed: 3/28/2013, Entered: None
CLERK'S JUDGMENT # 13,0653 That for the reasons stated in the Court's Memorandum and Order dated March 27, 2013, Defendants joint motion for fees is granted but their award is reduced to $10,000, and judgment is hereby entered against Plaintiff for $10,000. (Signed by Clerk of Court Ruby Krajick on 3/28/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 69 Filed: 3/28/2013, Entered: None Court Filing
MEMORANDUM AND ORDER: granting 40 Motion for Attorney Fees. For the foregoing reasons, the Court GRANTS Defendants' joint motion for fees but reduces their award to $10,000. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 40 and to enter a judgment against Plaintiff for $10,000. SO ORDERED.(Signed by Judge Richard J. Sullivan on 3/27/2013) Copies Sent By Chambers. (ama) (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 68 Filed: 3/21/2013, Entered: None
JOINT MEMORANDUM OF LAW in Support re: 63 Order, Defendants' Joint Memorandum After Appeal in Support of Dismissing Plaintiff's State Law Claims. Document filed by Peter Halpert, Levi Strauss & Co. Inc., Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc.. (Hyland, Nicole) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 67 Filed: 3/21/2013, Entered: None
FIRST MEMORANDUM OF LAW in Support re: 63 Order, Memorandum of Law in Support of Plaintiffs State Law Exclusion from Pre-Emption. Document filed by Janine Gordon. (Gordon, Janine) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 66 Filed: 3/13/2013, Entered: None
Costs Taxed as to 52 USCA Mandate,,, USCA Case Number 11-3711(L), 11-3766(xap).. in the amount of $465.98. Docketed as Judgment #13,0474 on 03/14/2013 in favor of Appellee-Cross-Appellant Ryan McGinley against Appellant-Cross-Appeellee Janine Gordon. (nd) (Entered: 03/14/2013)
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Legal Document (Payment Possibly Required) 65 Filed: 2/28/2013, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/13/13 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: 02/28/2013)
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Legal Document (Payment Possibly Required) 64 Filed: 2/28/2013, Entered: None Court Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/13/2013 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 3/25/2013. Redacted Transcript Deadline set for 4/4/2013. Release of Transcript Restriction set for 6/3/2013.(Rodriguez, Somari) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 63 Filed: 2/14/2013, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED THAT the parties shall submit any supplemental briefing regarding the issue of whether federal copyright law preempts Plaintiffs state law claims by March 21, 2013. It is FURTHER ORDERED THAT Defendants are limited to one joint submission and that both parties' briefs shall not exceed fifteen pages each. There shall be no responses or replies. (Signed by Judge Richard J. Sullivan on 2/13/2013) (js) (Entered: 02/14/2013)
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Legal Document (Payment Possibly Required) 62 Filed: 2/11/2013, Entered: None Court Filing
ORDER granting 60 Motion for Permission for Electronic Case Filing. (Signed by Judge Richard J. Sullivan on 02/08/2013) (jcs) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 61 Filed: 2/11/2013, Entered: None Court Filing
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's 54 motion is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 54 . (Signed by Judge Richard J. Sullivan on 02/08/2013) (jcs) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 60 Filed: 1/24/2013, Entered: None
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. Document filed by Janine Gordon.(sc) (Entered: 01/25/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 1/25/2013, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Edward H. Rosenthal dated 1/24/2013 re: Request to adjourn the 2/7/2013 conference. ENDORSEMENT: IT IS HEREBY ORDERED THAT the status conference is adjourned until February 13, 2013 at 9:00 a.m. (Status Conference reset for 2/13/2013 at 09:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/24/2013) (cd) (Entered: 01/25/2013)
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Legal Document (Payment Possibly Required) 58 Filed: 1/22/2013, Entered: None
NOTICE OF APPEARANCE (Pro Se) by Janine Gordon. (sac) (Entered: 01/25/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 1/22/2013, Entered: None
NOTICE of REQUEST FOR ADJOURNMENT and Entry of Appearance. Document filed by Janine Gordon. (sc) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 1/23/2013, Entered: None Court Filing
ORDER: By Order dated January 11, 2013, the Court ordered the parties to submit a joint letter proposing how they wish to proceed on the preemption issue and on Defendants' outstanding motion for attorneys' fees. Because the Court is closed on January 21, 2013 in observance of Martin Luther King, Jr. Day, IT IS HEREBY ORDERED THAT the parties shall submit their letter by January 23, 2013. The Court has also received word from the Pro Se Office that Plaintiff is now proceeding pro se. Accordingly, IT IS FURTHER ORDERED THAT Plaintiff shall enter a notice of pro se appearance before the conference on January 28, 2013. (Signed by Judge Richard J. Sullivan on 1/18/2013) (ago) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 1/23/2013, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Janine Gordon dated 1/18/2013 re: Plaintiff pro se writes request that the appearance scheduled on January 29th, 2013 at 10:15 am be adjourned for a reasonable time to allow Plaintiff to seek proper counsel. ENDORSEMENT: To give Plaintiff additional time to seek counsel, IT IS HEREBY ORDERED that the deadline for the parties to submit their joint letter is extended until Friday, February 1. IT IS ORDERED THAT the conference currently scheduled for January 28, 2013 is adjourned until Thursday, February 7, 2013 at 5:00 p.m. Plaintiff shall also enter a notice of pro se appearance by that date if she has not retained new counsel ( Status Conference set for 2/7/2013 at 05:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/22/2013) (ago) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 1/22/2013, Entered: None
NOTICE OF MOTION TO WITHDRAW THE ATTORNEY, Joe Mainiero from this case. Document filed by Janine Gordon.(sc) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 1/11/2013, Entered: None Court Filing
ORDER: the Clerk of the Court is respectfully directed to re-open this case on the Court's docket. The parties shall appear before the Court on Monday, January 28, 2013 at 10: 15 a.m. for a status conference. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter by January 21, 2013 proposing how they wish to proceed on the preemption issue and on Defendants' outstanding motion for attorneys' fees. ( Status Conference set for 1/28/2013 at 10:15 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/11/13) (pl) Modified on 1/15/2013 (pl). (Entered: 01/11/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 12/21/2012, Entered: None
MANDATE of USCA (Certified Copy) as to 34 Notice of Appeal filed by Janine Gordon, 37 Notice of Cross Appeal, filed by Peter Halpert, Team Gallery, Inc., Levi Strauss & Co. Inc., Peter Hay Halpert Fine Art, Ratio 3 Gallery, Christopher Perez, Ryan McGinley USCA Case Number 11-3711(L), 11-3766(xap). We have considered all of the parties' remaining arguments and find them to be without merit. We therefore, VACATE the District Court's judgment to the extent that it dismissed Gordon's state law claims, and REMAND with instructions that the District Court determine which of those claims are preempted by federal law. In all other respects, the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/21/2012. (nd) (Entered: 12/26/2012)
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Legal Document (Payment Possibly Required) 51 Filed: 11/13/2012, Entered: None
TRUE COPY ORDER of USCA as to 34 Notice of Appeal filed by Janine Gordon, 37 Notice of Cross Appeal, filed by Peter Halpert, Team Gallery, Inc., Levi Strauss & Co. Inc., Peter Hay Halpert Fine Art, Ratio 3 Gallery, Christopher Perez, Ryan McGinley USCA Case Number 11-3711(L), 11-3766(xap). We have considered all of the parties' remaining arguments and find them to be without merit. We therefore VACATE the District Court's judgment to the extent that it dismissed Gordon's state law claims, and REMAND with instructions that the district court determine which of those claims are preempted by federal law. In all other respects, the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/13/2012. (nd) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 50 Filed: 11/19/2011, Entered: None
AMENDED MEMORANDUM OF LAW in Opposition re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Janine Gordon. (Mainiero, Joseph) (Entered: 11/19/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 11/16/2011, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Antony Hilton, Esq. dated 11/4/2011 re: Counsel for the plaintiff requests that they be permitted to resubmit a corrected version of the Memorandum of Law in Opposition to Defendants' Motion for Legal Fees. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/15/2011) (ft) (Entered: 11/16/2011)
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Legal Document (Payment Possibly Required) 48 Filed: 11/1/2011, Entered: None
FIRST MEMORANDUM OF LAW in Opposition re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Janine Gordon. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Mainiero, Joseph) (Entered: 11/01/2011)
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Legal Document (Payment Possibly Required) 47 Filed: 10/26/2011, Entered: None Court Filing
ORDER: that Plaintiff's request for leave to file a cross-motion to stay the Court's judgment on Defendants' motion for fees is denied without prejudice to renewal in the event that the Court enters judgment against Plaintiff. The briefing schedule set forth in the Court's September 21, 2011 Order shall remain in place. (Signed by Judge Richard J. Sullivan on 10/25/2011) (ft) (Entered: 10/26/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 10/11/2011, Entered: None
DECLARATION of Jura C. Zibas in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit 1)(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 10/11/2011, Entered: None
DECLARATION of Margaret M. Brady in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit 1)(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 10/11/2011, Entered: None
DECLARATION of Nicole I. Hyland in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit 1)(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 10/11/2011, Entered: None
DECLARATION of Guy R. Cohen in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit 1)(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 10/11/2011, Entered: None
DECLARATION of Jack A. Gordon in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 10/11/2011, Entered: None
MEMORANDUM OF LAW in Support re: 40 JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505.. Document filed by Ryan McGinley. (Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 10/11/2011, Entered: None
JOINT MOTION for Attorney Fees pursuant to 17 U.S.C. 505. Document filed by Ryan McGinley.(Katz, Joshua) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 9/22/2011, Entered: None Court Filing
ORDER: Plaintiff's request that the Court disregard Defendant's letter as untimely is denied. The other issues raised in Plaintiff's letter may be addressed in her response to be filed pursuant to the Court's September 20, 2011 Order. (Signed by Judge Richard J. Sullivan on 9/21/2011) (rdz) (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 9/21/2011, Entered: None Court Filing
ORDER: that Defendants motion for attorneys' fees shall be filed by 10/11/2011. Plaintiffs response shall be filed by 11/1/2011. Defendant's reply shall be filed by 11/8/2011. (Signed by Judge Richard J. Sullivan on 9/20/2011) (ft) (Entered: 09/21/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 9/19/2011, Entered: None
JOINT NOTICE OF CROSS APPEAL from 32 Memorandum & Opinion, 33 Clerk's Judgment. Document filed by Peter Halpert, Levi Strauss & Co. Inc., Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc. Filing fee $ 455.00, receipt number 465401016880. (tp) (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 9/12/2011, Entered: None Court Filing
ORDER: Accordingly, IT IS HEREBY ORDERED that if Plaintiffs counsel of record wishes to withdraw it shall file a motion and accompanying affidavits with the Court pursuant to Local Civil Rule 1.4 of the Local Ru1es of the United States District Courts for the Southern and Eastern District of New York. IT IS FURTHER ORDERED that Defendants shall submit a reply to Plaintiffs letter explaining whether they wish to proceed with their contemplated motion in light of Plaintiffs pro se status and financial circumstances, as well as the pending appeal in this matter. (Signed by Judge Richard J. Sullivan on 9/12/2011) (js) (Entered: 09/13/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 9/7/2011, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 34 Notice of Appeal filed by Janine Gordon 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 09/07/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 9/2/2011, Entered: None
NOTICE OF APPEAL from 32 Memorandum & Opinion, 33 Clerk's Judgment. Document filed by Janine Gordon. Filing fee $ 455.00, receipt number 465401015634. (tp) (Entered: 09/07/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 8/18/2011, Entered: None
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated August 18, 2011, defendants motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/18/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 08/18/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 8/18/2011, Entered: None Court Filing
OPINION AND ORDER re: #100687 25 JOINT MOTION to Dismiss Amended Complaint, filed by Ryan McGinley: For the reasons stated within, Defendant's motion to dismiss is HEREBY GRANTED. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No. 25 and to close this case. (Signed by Judge Richard J. Sullivan on 8/18/2011) (ab) Modified on 8/24/2011 (jab). (Entered: 08/18/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 8/1/2011, Entered: None Court Filing
ORDER re plaintiff 7/29/11 request to file a sur reply: Because the Court sees no need for additional briefing with respect to the pending motion to dismiss, that request is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 7/29/11) (cd) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 7/11/2011, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 25 JOINT MOTION to Dismiss Amended Complaint.. Document filed by Ryan McGinley. (Katz, Joshua) (Entered: 07/11/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 7/7/2011, Entered: None Court Filing
ORDER. The Court is in receipt of a letter from Defendants dated July 6, 2011, requesting an extension of the time to file a joint reply brief from July 11, 2011 to July 25, 2011. Because the Court has arranged its calendar to accommodate the existing briefing schedule, the request is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 7/7/11) (rjm) (Entered: 07/07/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 7/1/2011, Entered: None
MEMORANDUM OF LAW in Opposition re: 25 JOINT MOTION to Dismiss Amended Complaint.. Document filed by Janine Gordon. (Attachments: # 1 Exhibit Exh. A - Images, Pt. 1, # 2 Exhibit Exh. A - Images, Pt. 2, # 3 Exhibit Exh. A - Images, Pt. 3, # 4 Exhibit Exh. B - Cameron Aff., # 5 Exhibit Exh. C - Chauvin Aff., # 6 Exhibit Exh. D - Holden Aff., # 7 Exhibit Exh. E - Krampf Aff., # 8 Exhibit Exh. F - Diehl Aff., # 9 Exhibit Exh. G - Mitchel Aff., # 10 Exhibit Exh. H - NY Times Article referenced in Holden Aff., # 11 Affidavit Affirmation of J. Mainiero)(Mainiero, Joseph) (Entered: 07/01/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 6/10/2011, Entered: None
DECLARATION of Joshua B. Katz in Support re: 25 JOINT MOTION to Dismiss Amended Complaint.. Document filed by Ryan McGinley. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3)(Katz, Joshua) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 6/10/2011, Entered: None
MEMORANDUM OF LAW in Support re: 25 JOINT MOTION to Dismiss Amended Complaint.. Document filed by Ryan McGinley. (Katz, Joshua) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 6/10/2011, Entered: None
JOINT MOTION to Dismiss Amended Complaint. Document filed by Ryan McGinley. Responses due by 7/1/2011(Katz, Joshua) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 5/12/2011, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/29/11 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: 05/12/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 5/12/2011, Entered: None Court Filing
TRANSCRIPT of Proceedings re: conference held on 4/29/2011 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Kristen Carannante, (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 6/6/2011. Redacted Transcript Deadline set for 6/16/2011. Release of Transcript Restriction set for 8/15/2011.(McGuirk, Kelly) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 5/2/2011, Entered: None Court Filing
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff Janine Gordon by her counsel hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice against defendant Agnes Andree Marguerite Trouble, and against ABW Entelprises. Inc., a New York Corporation, referred to in the above caption as "Agnes B. Worldwide Inc. a.k.a. 'CMC Agnes B.'" without costs to any party. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/29/2011) (lnl) (Entered: 05/02/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 4/28/2011, Entered: None
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Agnes B. Worldwide Inc., Agnes Andree Marguerite Trouble. Document filed by Janine Gordon. (Mainiero, Joseph) Modified on 4/29/2011 (ml). (Entered: 04/28/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 4/27/2011, Entered: None
NOTICE OF APPEARANCE by Ronnie L. Silverberg on behalf of Team Gallery, Inc. (Silverberg, Ronnie) (Entered: 04/27/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 4/19/2011, Entered: None Court Filing
ORDER Accordingly, plaintiff is HEREBY ORDERED to submit an amended response forthwith attaching only the Certificate of Registration. Plaintiff is advised that all future submissions must be made in compliance with the Court's Individual Practices. (Signed by Judge Richard J. Sullivan on 4/18/11) (cd) (Entered: 04/19/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 4/15/2011, Entered: None
NOTICE OF APPEARANCE by Shirin Keen on behalf of Levi Strauss & Co. Inc. (Keen, Shirin) (Entered: 04/15/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 4/15/2011, Entered: None
NOTICE OF APPEARANCE by Guy Robert Cohen on behalf of Levi Strauss & Co. Inc. (Cohen, Guy) (Entered: 04/15/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 4/12/2011, Entered: None Court Filing
NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) Jose Freire. (Signed by Judge Richard J. Sullivan on 4/11/11) (pl) (Entered: 04/12/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 4/8/2011, Entered: None
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Jose Freire. Document filed by Janine Gordon. (Mainiero, Joseph) Modified on 4/11/2011 (dt). (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 4/1/2011, Entered: None
NOTICE OF APPEARANCE by Miriam Gedwiser on behalf of Agnes B. Worldwide Inc., Agnes Andree Marguerite Trouble (Gedwiser, Miriam) (Entered: 04/01/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 3/31/2011, Entered: None
NOTICE OF APPEARANCE by Nicole Isobel Hyland on behalf of Christopher Perez, Ratio 3 Gallery (Hyland, Nicole) (Entered: 03/31/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 3/31/2011, Entered: None
NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of Christopher Perez, Ratio 3 Gallery (Rosenthal, Edward) (Entered: 03/31/2011)
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Blank 11 Filed: 3/29/2011, Entered: None
AMENDED COMPLAINT amending 1 Complaint, against Agnes B. Worldwide Inc., Jose Freire, Peter Halpert, Levi Strauss & Co. Inc., Agnes Andree Marguerite Trouble, Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc. with JURY DEMAND.Document filed by Janine Gordon. Related document: 1 Complaint, filed by Janine Gordon.(mbe) (Additional attachment(s) added on 3/30/2011: # 1 Exhibits) (ama). (Entered: 03/29/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 3/18/2011, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Antony Hilton dated 3/16/11 re: Counsel requests that the teleconference and submissions scheduled for Monday, March 21, 2011 be adjourned for a short time. ENDORSEMENT: The conference previously scheduled for April 8, 2011 is hereby adjourned to April 29, 2011 at 12:15 p.m. The deadline to make initial submissions is hereby adjourned to April 15, 2011. ( Telephone Conference set for 4/29/2011 at 12:15 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/17/11); (djc) (Entered: 03/18/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 3/14/2011, Entered: None
NOTICE OF APPEARANCE by Scott Mailman Smedresman on behalf of Peter Halpert, Peter Hay Halpert Fine Art (Attachments: # 1 Certificate of Service)(Smedresman, Scott) (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 3/14/2011, Entered: None
NOTICE OF APPEARANCE by Jura Christine Zibas on behalf of Peter Halpert, Peter Hay Halpert Fine Art (Attachments: # 1 Certificate of Service)(Zibas, Jura) (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 3/14/2011, Entered: None
NOTICE OF APPEARANCE by Margaret M. Brady on behalf of Jose Freire, Team Gallery, Inc. (Brady, Margaret) (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 3/10/2011, Entered: None
NOTICE OF APPEARANCE by Gloria C. Phares on behalf of Agnes B. Worldwide Inc., Agnes Andree Marguerite Trouble (Phares, Gloria) (Entered: 03/10/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 3/9/2011, Entered: None
NOTICE OF APPEARANCE by Joshua B Katz on behalf of Ryan McGinley (Katz, Joshua) (Entered: 03/09/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 3/9/2011, Entered: None
NOTICE OF APPEARANCE by Jack A. Gordon on behalf of Ryan McGinley (Gordon, Jack) (Entered: 03/09/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 2/23/2011, Entered: None Court Filing
ORDER: A Status Conference set for 4/1/2011 at 11:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 2/23/11) (db) (Entered: 02/24/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 2/14/2011, Entered: None
COMPLAINT against Agnes B. Worldwide Inc., Jose Freire, Peter Halpert, Levi Strauss & Co. Inc., Agnes Andree Marguerite Trouble, Ryan McGinley, Christopher Perez, Peter Hay Halpert Fine Art, Ratio 3 Gallery, Team Gallery, Inc.. (Filing Fee $ 350.00, Receipt Number 930003)Document filed by Janine Gordon.(rdz) (Entered: 02/15/2011)
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