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 59 |
Filed: 3/12/2014, Entered: None |
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STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER: that Plaintiff Ma Dong and Defendant Epoch USA, Inc. hereby stipulate, pursuant to Fed. R. Civ. P. 41(a), to the dismissal with prejudice of all claims asserted in the Complaint, First Amended Complaint and Second Amended Complaint without costs to any party as against any other, and with no party as a prevailing party. (Signed by Judge Katherine B. Forrest on 3/12/2014) (tn) (Entered: 03/12/2014)
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| 58 |
Filed: 3/11/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Christopher J. Fahy dated March 11, 2014 re: Joint Request for the Court to Retain Jurisdiction for Enforcement of the Settlement Agreement. Document filed by Ma Dong. (Attachments: # 1 Text of Proposed Order)(Fahy, Christopher) (Entered: 03/11/2014)
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| 57 |
Filed: 2/25/2014, Entered: None |
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ORDER: A telephone conference having been held on February 25, 2014, it is hereby ORDERED that a settlement conference shall be held by telephone on February 27, 2014, commencing at 9:00 a.m. EST. Ma Dong shall participate, as shall a representative of Epoch USA and counsel for both parties. Plaintiff's counsel shall coordinate the call and contact the Court. ( Settlement Conference set for 2/27/2014 at 09:00 AM before Magistrate Judge James C. Francis.)(Signed by Magistrate Judge James C. Francis on 2/25/2014) Copies Mailed By Chambers (djc) (Entered: 02/25/2014)
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| 56 |
Filed: 2/24/2014, Entered: None |
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MEMO ENDORSEMENT on re: 55 Letter, filed by Ma Dong. ENDORSEMENT: Ordered: One more week. That's it -- then the action is restored. (Signed by Judge Katherine B. Forrest on 2/24/2014) (tn) (Entered: 02/24/2014)
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| 55 |
Filed: 2/21/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Christopher J. Fahy dated February 21, 2014 re: Joint Request that the Action Remain Restored to the Court's Calendar for Continued Settlement Efforts. Document filed by Ma Dong.(Fahy, Christopher) (Entered: 02/21/2014)
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| 54 |
Filed: 1/21/2014, Entered: None |
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MEMO ENDORSEMENT on re: 52 Letter filed by Ma Dong. ENDORSEMENT: Ordered: The matter may be restored for an additional 30 days. A reference to the assigned Magistrate shall issue by separate order for purposes of a settlement conference. (Signed by Judge Katherine B. Forrest on 1/21/2014) (mro) (Entered: 01/21/2014)
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| 53 |
Filed: 1/21/2014, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Katherine B. Forrest on 1/21/2014) (mro) (Entered: 01/21/2014)
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| 52 |
Filed: 1/17/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Christopher J. Fahy dated January 17, 2014 re: Joint Request for Additional Time to Reach Settlement. Document filed by Ma Dong.(Fahy, Christopher) (Entered: 01/17/2014)
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| 51 |
Filed: 1/6/2014, Entered: None |
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MEMO ENDORSEMENT on re: 50 Letter filed by Ma Dong. ENDORSEMENT: Ordered: 2 week extension granted (to restore). (Signed by Judge Katherine B. Forrest on 1/6/2014) (mro) (Entered: 01/06/2014)
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| 50 |
Filed: 1/3/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Christopher J. Fahy dated January 3, 2014 re: Joint Request for Extension of Time Pursuant to the Court's Order of December 4, 2013. Document filed by Ma Dong.(Fahy, Christopher) (Entered: 01/03/2014)
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| 49 |
Filed: 12/4/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel P. Waxman dated 12/3/13 re: The parties believe that they have reached a tentative resolution in principle. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 12/4/2013) (mro) (Entered: 12/04/2013)
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| 48 |
Filed: 12/4/2013, Entered: None |
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ORDER: On Tuesday, December 3, 2013, the parties informed the Court by letter that they have reached a settlement in principle. Accordingly, this action is discontinued without costs to any party and without prejudice to restore the action to this Court's calendar if such an application is made not later than Friday, January 3, 2014. All other dates and deadlines in this matter, including the deadline for defendant's reply papers on its motion to dismiss, are adjourned. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 12/4/2013) (mro) (Entered: 12/04/2013)
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| 47 |
Filed: 11/20/2013, Entered: None |
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AFFIDAVIT of Christopher J. Fahy in Opposition re: 42 MOTION to Dismiss.. Document filed by Ma Dong. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Fahy, Christopher) (Entered: 11/20/2013)
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| 46 |
Filed: 11/20/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss.. Document filed by Ma Dong. (Fahy, Christopher) (Entered: 11/20/2013)
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| 45 |
Filed: 11/7/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Thomas K. Richards dated 11/06/2013 re: We represent plaintiff Ma Dong in the above-referenced action. The parties have agreed, subject to the Court's approval, that plaintiffs opposition to defendants October 30, 2013 motion to dismiss will be filed and served on or before November 20, 2013 and that defendant's reply will be filed and served on or before December 4, 2013. ENDORSEMENT: Application Granted., ( Responses due by 11/20/2013, Replies due by 12/4/2013.) (Signed by Judge Katherine B. Forrest on 11/07/2013) (ama) (Entered: 11/07/2013)
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| 44 |
Filed: 10/30/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss.. Document filed by Epoch USA, Inc.. (Waxman, Daniel) (Entered: 10/30/2013)
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| 43 |
Filed: 10/30/2013, Entered: None |
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DECLARATION of Daniel P. Waxman in Support re: 42 MOTION to Dismiss.. Document filed by Epoch USA, Inc.. (Attachments: # 1 Exhibit 1 part 1, # 2 Exhibit 1 part 2, # 3 Exhibit 1 part 3, # 4 Exhibit 1 part 4, # 5 Exhibit 1 part 5, # 6 Exhibit 1 part 6, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8)(Waxman, Daniel) (Entered: 10/30/2013)
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| 42 |
Filed: 10/30/2013, Entered: None |
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MOTION to Dismiss. Document filed by Epoch USA, Inc..(Waxman, Daniel) (Entered: 10/30/2013)
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Request |
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| 41 |
Filed: 10/21/2013, Entered: None |
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REVISED SCHEDULING ORDER: On September 16, 2013, the Court granted the parties' joint request for a 60 day extension of all dates in the June 27, 2013 Scheduling Order. (ECF No. 31.) Accordingly, any opening briefs shall be filed by Tuesday, December 24, 2013. Opposition briefs shall be filed by Tuesday, January 14, 2014. Reply briefs shall be filed by Tuesday, January 21, 2014. The next status conference in this matter is set for Tuesday, December 17, 2013, at 12:30 p.m. All pretrial materials, including the Joint Pretrial Order ("JPTO"), are due Monday, January 27, 2014. The final pretrial conference ("FPTC") in this matter is set for Monday, February 3, 2014, at 1:00 p.m. Trial in this matter shall commence on Monday, February 10, 2014. (Motions due by 12/24/2013. Responses due by 1/14/2014 Replies due by 1/21/2014. Final Pretrial Conference set for 2/3/2014 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 12/17/2013 at 12:30 PM before Judge Katherine B. Forrest. Pretrial Order due by 1/27/2014.) (Signed by Judge Katherine B. Forrest on 10/18/2013) (mro) (Entered: 10/21/2013)
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| 40 |
Filed: 10/16/2013, Entered: None |
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SECOND AMENDED COMPLAINT amending 16 Amended Complaint, against Epoch USA, Inc. with JURY DEMAND.Document filed by Ma Dong. Related document: 16 Amended Complaint, filed by Ma Dong.(djc) (Entered: 10/18/2013)
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| 39 |
Filed: 10/15/2013, Entered: None |
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ORDER granting 35 Motion for Leave to File Document. Plaintiff filed a motion for leave to file a second amended complaint pursuant to Fed. R. Civ. P. 15(a) on September 30, 2013. (ECF No. 35.) The Court ordered that Defendant file any opposition to the motion not later than October 9, 2013. (ECF No. 38.) Defendant filed no opposition. Accordingly, Plaintiffs motion is GRANTED. (Signed by Judge Katherine B. Forrest on 10/15/2013) (mro) (Entered: 10/15/2013)
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| 38 |
Filed: 10/2/2013, Entered: None |
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MEMO ENDORSEMENT on re: 36 Memorandum of Law in Support of Motion filed by Ma Dong. ENDORSEMENT: The Court is inclined to grant the motion--with defendant retaining the right to move under 12(b)(6) if it deems that appropriate. Defendant shall file any opposition to the Rule 15 motion (and this Court's expressed inclination) not later than 10/9/13. Set Deadlines/Hearing as to 36 Memorandum of Law in Support of Motion, 35 MOTION for Leave to File Second Amended Complaint: (Responses due by 10/9/2013) (Signed by Judge Katherine B. Forrest on 10/2/2013) (tro) Modified on 10/2/2013 (tro). (Entered: 10/02/2013)
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| 37 |
Filed: 10/2/2013, Entered: None |
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ADMISSION TO PRACTICE PRO HAC VICE granting 34 Motion for Roger Myers to Appear Pro Hac Vice. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Defendant Epoch USA, Inc. in the above-entitled action. (Signed by Judge Katherine B. Forrest on 10/1/2013) (mro) (Entered: 10/02/2013)
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| 36 |
Filed: 9/30/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 35 MOTION for Leave to File Second Amended Complaint.. Document filed by Ma Dong. (Attachments: # 1 Exhibit Second Amended Complaint)(Fahy, Christopher) (Entered: 09/30/2013)
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| 35 |
Filed: 9/30/2013, Entered: None |
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MOTION for Leave to File Second Amended Complaint. Document filed by Ma Dong.(Fahy, Christopher) (Entered: 09/30/2013)
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| 34 |
Filed: 9/17/2013, Entered: None |
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MOTION for Roger Myers to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Epoch USA, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order Admision to practice)(Myers, Roger) (Entered: 09/17/2013)
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| 33 |
Filed: 9/17/2013, Entered: None |
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MEMO ENDORSEMENT on re: 32 Letter filed by Ma Dong. ENDORSEMENT: Ordered: 60-day extension granted. (Signed by Judge Katherine B. Forrest on 9/17/2013) (mro) (Entered: 09/17/2013)
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| 32 |
Filed: 9/16/2013, Entered: None |
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JOINT LETTER addressed to Judge Katherine B. Forrest from Christopher J. Fahy dated September 16, 2013 re: Clarification of Order (Dkt. 31). Document filed by Ma Dong.(Fahy, Christopher) (Entered: 09/16/2013)
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| 31 |
Filed: 9/16/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel P. Waxman dated 9/10/13 re: The parties jointly request a 60-day extension of all dates in the June 27, 2013 Scheduling Order. ENDORSEMENT: Ordered: Magistrate Judge Francis will be reaching out to you. (Signed by Judge Katherine B. Forrest on 9/13/2013) (mro) (Entered: 09/16/2013)
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| 30 |
Filed: 9/12/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Roger Myers to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8865081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Epoch USA, Inc.. (Attachments: # 1 Certificate of Standing, # 2 Text of Proposed Order Admisson to Practice Pro Hac Vice)(Myers, Roger) Modified on 9/12/2013 (bcu). (Entered: 09/12/2013)
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| 29 |
Filed: 8/19/2013, Entered: None |
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ADMISSION TO PRACTICE PRO HAC VICE granting 28 Motion for Christopher J. Fahy to Appear Pro Hac Vice. It is hereby Ordered that Christopher J. Fahy is admitted Pro Hac Vice to appear for all purposes as counsel for plaintiff Ma Dong. (Signed by Judge Katherine B. Forrest on 8/19/2013) (mro) (Entered: 08/19/2013)
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| 28 |
Filed: 8/16/2013, Entered: None |
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MOTION for Christopher J. Fahy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8792872. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ma Dong. (Attachments: # 1 Affidavit of Christopher J. Fahy with Certificate, # 2 Affidavit of Thomas K. Richards, # 3 Proposed Order)(Fahy, Christopher) (Entered: 08/16/2013)
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| 27 |
Filed: 8/16/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher J. Fahy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8792444. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ma Dong. (Attachments: # 1 Affidavit of Christopher J. Fahy with Certificate, # 2 Affidavit of Thomas K. Richards, # 3 Text of Proposed Order Proposed Order)(Fahy, Christopher) Modified on 8/16/2013 (bcu). (Entered: 08/16/2013)
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| 26 |
Filed: 6/27/2013, Entered: None |
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ORDER: The caption of this matter should hereafter be "Ma Dong v. Epoch USA, Inc." The Clerk of Court is directed to change the caption to reflect this Order. (Signed by Judge Katherine B. Forrest on 6/27/2013) (lmb) (Entered: 06/27/2013)
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| 25 |
Filed: 6/27/2013, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Katherine B. Forrest on 6/27/2013) (lmb) (Entered: 06/27/2013)
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| 24 |
Filed: 6/27/2013, Entered: None |
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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). Close of Fact Discovery: 10/11/2013. Motions due by 10/25/2013. Responses due by 11/15/2013. Replies due by 11/22/2013. Trial will be before a jury. Final Pretrial Conference set for 12/2/2013 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 10/18/2013 at 10:30 AM before Judge Katherine B. Forrest. All pretrial materials, including the Joint Pretrial Order due by 11/26/2013. Trial in this matter shall commence on 12/9/13. Trial is anticipated to take 3 days. Liability/damages bifurcated but allowing web-site hits discovery. Be reasonable. (Signed by Judge Katherine B. Forrest on 6/27/2013) (mro) (Entered: 06/27/2013)
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| 23 |
Filed: 6/17/2013, Entered: None |
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ORDER: The initial pretrial conference ("IPTC") scheduled for June 21, 2013, is hereby adjourned to Thursday, June 27, 2013, at 10:30 a.m. ( Initial Conference set for 6/27/2013 at 10:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/17/2013) (mro) (Entered: 06/17/2013)
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| 22 |
Filed: 6/7/2013, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Epoch USA, Inc..(Waxman, Daniel) (Entered: 06/07/2013)
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| 21 |
Filed: 6/7/2013, Entered: None |
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ANSWER to 16 Amended Complaint with JURY DEMAND. Document filed by Epoch USA, Inc..(Waxman, Daniel) (Entered: 06/07/2013)
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| 20 |
Filed: 6/6/2013, Entered: None |
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NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF EPOCH TIMES INTERNATIONAL, INC.: Plaintiff Ma Dong hereby files this voluntary Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). According to Rule 41(a)(1), an action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before service by the adverse party of an answer. Defendant Epoch Times International, Inc. has not yet answered the Complaint. Accordingly, Plaintiff voluntarily dismisses Epoch Times International, Inc. without prejudice pursuant to Rule 41(a)(1). (Signed by Judge Katherine B. Forrest on 6/6/2013) (mro) (Entered: 06/06/2013)
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| 19 |
Filed: 6/5/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Judge Forrest's June 5, 2013 Order served on Epoch Times, Inc. and Epoch Times International, Inc. on 06/05/2013. Document filed by Ma Dong. (Richards, Thomas) (Entered: 06/05/2013)
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| 18 |
Filed: 6/5/2013, Entered: None |
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ORDER: The initial pretrial conference ("IPTC") scheduled for June 12, 2013, is hereby adjourned to Friday, June 21, 2013, at 9:00 a.m. As counsel for defendant has not yet appeared, counsel for plaintiff is directed to notify all other parties (or, if known, their attorneys) of the change in conference date by serving each of them with a copy of this order forthwith. Counsel shall file proof of such service with the Court. (Signed by Judge Katherine B. Forrest on 6/5/2013) (mro) (Entered: 06/05/2013)
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| 17 |
Filed: 6/5/2013, Entered: None |
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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) Ma Dong. Document filed by Ma Dong. (Richards, Thomas) Modified on 6/6/2013 (jno). (Entered: 06/05/2013)
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| 16 |
Filed: 6/4/2013, Entered: None |
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AMENDED COMPLAINT amending 1 Complaint, against Epoch Times International, Inc., Epoch USA, Inc. with JURY DEMAND.Document filed by Ma Dong. Related document: 1 Complaint, filed by Ma Dong.(cd) (Additional attachment(s) added on 6/28/2013: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (sdi). (Entered: 06/05/2013)
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| 15 |
Filed: 6/4/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Judge Forrest's May 31, 2013 IPTC Scheduling Order and Judge Forrest's Individual Practices in Civil Cases served on Epoch Times, Inc. and Epoch Times International, Inc. on 06/04/13. Document filed by Ma Dong. (Richards, Thomas) (Entered: 06/04/2013)
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| 14 |
Filed: 5/31/2013, Entered: None |
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ORDER: Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") promptly at 2:30 p.m., June 12, 2013. (Signed by Judge Katherine B. Forrest on 5/31/2013) (mro) (Entered: 05/31/2013)
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| 13 |
Filed: 5/30/2013, Entered: None |
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JOINT STIPULATION CONCERNING PLAINTIFF'S ORDER TO SHOW CAUSE: Based on an agreement between the parties, the parties request that the Court vacate the Show Cause Hearing scheduled for tomorrow, May 31, 2013, and further stipulate as follows: Plaintiff will amend the Complaint to name Epoch USA, Inc. as Defendant by June 3,2013. Also on June 3, 2013, Plaintiff will voluntarily dismiss Epoch Times International, Inc. without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Defendant will not challenge service, jurisdiction or venue or otherwise take the position that Plaintiff has not named the correct entity as Defendant. Defendant will answer Plaintiff's Complaint by June 7, 2013, and will not otherwise move pursuant to Fed. R. Civ. P. 12(b). ENDORSEMENT: Hearing on 5/31/13 Adjounred. SO ORDERED. Epoch Times International, Inc. answer due 6/7/2013.( Amended Pleadings due by 6/3/2013.) (Signed by Judge Katherine B. Forrest on 5/30/2013) (ama) Modified on 6/3/2013 (ama). (Entered: 05/30/2013)
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| 12 |
Filed: 5/30/2013, Entered: None |
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Letter addressed to Judge Katherine B. Forrest from Thomas K. Richards dated 5/30/2013 re: Counsel for the parties have entered into a stipulation to resolve the default proceedings and move forward with the case. Accordingly, the parties request that the Court vacate the Show Cause Hearing scheduled for tomorrow, May 31, 2013, and so order the attached stipulation. (ama) (Entered: 05/30/2013)
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| 11 |
Filed: 5/29/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Thomas K. Richards dated 5/28/13 re: Counsel writes in reference to the Order to Show Cause signed by Your Honor on 5/2/13 providing for the entry of a default judgment for Plaintiff, counsel writes to inform the Court that although the Order was served on defendant Epoch Times International, Inc. on 5/2/13, no opposition to the entry of a default has been filed by Epoch Times and counsel has not been contacted by Epoch times. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/29/2013) (mro) (Entered: 05/29/2013)
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| 10 |
Filed: 5/3/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Order to Show Cause and Affidavit For Judgment by Default served on Epoch Times International, Inc. on May 2, 2013. Document filed by Ma Dong. (Richards, Thomas) (Entered: 05/03/2013)
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| 9 |
Filed: 5/2/2013, Entered: None |
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STATEMENT OF DAMAGES. Document filed by Ma Dong.(Richards, Thomas) (Entered: 05/02/2013)
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| 8 |
Filed: 5/2/2013, Entered: None |
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AFFIDAVIT of Christopher Fahy in Support re: 5 Order to Show Cause,,,,,,,. Document filed by Ma Dong. (Richards, Thomas) (Entered: 05/02/2013)
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| 7 |
Filed: 5/2/2013, Entered: None |
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AFFIDAVIT of Thomas Richards in Support re: 5 Order to Show Cause,,,,,,,. Document filed by Ma Dong. (Richards, Thomas) (Entered: 05/02/2013)
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| 6 |
Filed: 5/2/2013, Entered: None |
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CERTIFICATE OF DEFAULT as to Epoch Times International, Inc. (ml) (Entered: 05/02/2013)
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| 5 |
Filed: 5/2/2013, Entered: None |
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ORDER TO SHOW CAUSE: Upon the Affidavit of Christopher J. Fahy, sworn May 1, 2013 and all prior proceedings herein, it is hereby ORDERED that Defendant Epoch Times International, Inc. ("Defendant") SHOW CAUSE before Hon. Katherine B. Forrest, United States District Judge, in Courtroom 16A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, on 5/31/13 at 1:30 p.m., or as soon thereafter as counsel may be heard, why an order, pursuant to Rule 55 of the Federal Rules of Civil Procedure, should not be entered: (a) Enjoining Defendant from (i) infringing the registered and unregistered copyrights of Plaintiff in violation of 17 U.S.C. § 501; and (ii) infringing any copyright of Plaintiffs through the posting of electronic copies of works owned by Plaintiff; (b) Ordering Defendant, by way of printed apology, advise all of its readers that it improperly infringed Ma Dong's property right in the Copyrighted work through its reproduction of the work on its website; (c) Awarding punitive damages under 17 U.S.C. § 504 and fees and costs against Defendant, and in favor of Plaintiff in the amount of $100,000 in punitive damages and $106,541.95 in fees and costs for a total judgment of $206,541.95; and (d) Granting such other and further relief as the Court deems just and proper. Opposition papers, if any, shall be served by hand or by overnight courier for next morning delivery on attorneys for Plaintiff at Leader & Berkon LLP, 630 Third Avenue, New York, New York 10017, on or before 5:00 p.m. on 5/20/13, and filed with proof of service promptly thereafter. Reply papers, if any, shall be served by hand or by overnight courier for next morning delivery on or before 5:00 p.m. on 5/27/13, and filed with proof of service promptly thereafter. Let service of this Order to Show Cause on Defendant be deemed good and sufficient if served by hand or by overnight courier for next morning delivery on or before 5 p.m. on 5/6/13 with proof of service filed promptly thereafter. (Signed by Judge Katherine B. Forrest on 5/2/2013) Copies Sent by Chambers. (mro) Modified on 5/6/2013 (mro). (Entered: 05/02/2013)
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| 4 |
Filed: 4/2/2013, Entered: None |
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ORDER: ORDERED that counsel for plaintiff shall move for default judgment against defendant, pursuant to the procedures set out under Rule 2(G) and Attachment A of this Court's Individual Practices in Civil Cases, no later than thirty (30) days after the date of this Order. Failure to move for default or to voluntarily dismiss the action may result in a dismissal with prejudice for failure to prosecute under Fed. R. Civ. P. 41. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/02/2013) (ama) (Entered: 04/02/2013)
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| 3 |
Filed: 2/12/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Epoch Times International, Inc. served on 2/6/2013, answer due 2/27/2013. Service was accepted by Hua Du. Document filed by Ma Dong. (Richards, Thomas) (Entered: 02/12/2013)
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| 1 |
Filed: 2/5/2013, Entered: None |
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COMPLAINT against Epoch Times International, Inc. (Filing Fee $ 350.00, Receipt Number 465401059332)Document filed by Ma Dong. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit B3, # 5 Exhibit B4, # 6 Exhibit B5)(msa) (Entered: 02/07/2013)
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