Lombardo v. Dr. Seuss Enterprises, L.P.
Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-09974
District Judge Alvin K. Hellerstein, presiding

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Last Updated January 25, 2019 at 2:06 AM ST (2.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Matthew Lombardo, Plaintiff

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Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 718 502 9555 jordan@jgreenbergerlaw.com
No Logo Who's Holiday Limited Liability Company, Plaintiff

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Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jordan Daniel Greenberger +1 718 502 9555 jordan@jgreenbergerlaw.com
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No Logo Dr. Seuss Enterprises, LP, Defendant

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Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ryan Christopher Compton +1 202 799 4142 +1 202 799 5142 ryan.compton@dlapiper.com
Space Ryan Christopher Compton +1 202 799 4142 +1 202 799 5142 ryan.compton@dlapiper.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED +1 212 335 4500 tamar.duvdevani@dlapiper.com
Space Tamar Y Duvdevani
Space Ashley Holland Joyce +1 916 930 3276 ashley.joyce@dlapiper.com
No Logo Dramatists Legal Defense Fund, Adr Provider

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Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Herbert Faux +1 718 422 0044 +1 212 944 0420 dfaux@dramatistsguild.com
Citation Section 28 U.S.C. § 2201cp
Nature of Suit 820 - Property Rights: Copyright
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Legal Document (Payment Possibly Required) 66 Filed: 8/2/2018, Entered: None Costs Taxed
Costs Taxed as to 65 USCA Mandate, USCA Case Number 17-2952. in the amount of $234.20. on 08/02/2018 in favor of Matthew Lombardo, Who's Holiday Limited Liability Company, Plaintiffs-Counter-Defendants - Appellees against Dr. Seuss Enterprises, L.P., Defendant-Counter-Claimant - Appellant. (nd) Modified on 8/13/2018 (nd). (Entered: 08/13/2018)
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    Legal Document (Payment Possibly Required) 65 Filed: 7/30/2018, Entered: None USCA Mandate
    MANDATE of USCA (Certified Copy) as to 56 Notice of Appeal, filed by Dr. Seuss Enterprises, L.P. USCA Case Number 17-2952-cv. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/30/2018. (tp) (Entered: 07/31/2018)
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      Legal Document (Payment Possibly Required) 64 Filed: 11/7/2017, Entered: None Unknown Document TypeCourt Filing
      ORDER DENYING MOTION FOR AN APPEAL BOND denying 57 Motion for Bond. In its previous order, the Court did not rule on Plaintiff's motion for an appeal bond. The Court now does and denies Plaintiff's motion. "The power to impose an appeal bond under Rule 7 has been specifically given to the discretion of the district court." Adsani v. Miller, 139 F.3d 67, 79 (2d Cir. 1998). "In determining whether to require an appeal bond in copyright cases, previous courts have examined: (1) the appellant's financial ability to post a bond, (2) the risk that the appellant would not pay appellee's costs if the appeal loses, (3) the merits of the appeal, and (4) whether the appellant has shown any bad faith or vexatious conduct." Effie Film, LLC v. Murphy, No. 11 CIV. 783, 2015 WL 170243, at *2 (S.D.N.Y. Jan. 13, 2015) (internal quotations omitted). Here, given the absence of a showing that Defendant's financial abilities are inadequate in light of the requested attorneys' fees (only $72,006.20) and court costs, there is little risk that Defendant will be unable to satisfy its obligations. The Clerk shall terminate Plaintiff's Motion for Attorney's Fees and an Appeal Bond. (Signed by Judge Alvin K. Hellerstein on 11/7/2017) (ras) (Entered: 11/07/2017)
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        Legal Document (Payment Possibly Required) 63 Filed: 10/16/2017, Entered: None Unknown Document Type
        REPLY MEMORANDUM OF LAW in Support re: 57 MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]. MOTION for Bond [FRAP 7]. . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 10/16/2017)
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          Legal Document (Payment Possibly Required) 62 Filed: 10/13/2017, Entered: None Unknown Document Type
          MEMORANDUM OF LAW in Opposition re: 57 MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]. MOTION for Bond [FRAP 7]. . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 10/13/2017)
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            Legal Document (Payment Possibly Required) 61 Filed: 10/13/2017, Entered: None Unknown Document Type
            DECLARATION of Tamar Y. Duvdevani in Opposition re: 57 MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]. MOTION for Bond [FRAP 7].. Document filed by Dr. Seuss Enterprises, L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Duvdevani, Tamar) (Entered: 10/13/2017)
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              Blank 60 Filed: 9/29/2017, Entered: None Unknown Document TypeCourt Filing
              ORDER DENYING PLAINTIFFS' MOTION FOR ATTORNEY FEES denying 57 Motion for Attorney Fees; with respect to 57 Motion for Bond. Having obtained judgment on the pleadings, plaintiffs now move for attorneys' fees. In light of defendant's appeal of my September 15, 2017 order granting judgment to plaintiffs, the motion for attorneys' fees is denied without prejudice with leave to renew upon final resolution of the appeal. Plaintiffs have also moved for an appeal bond pursuant to Rule 7 of the Federal Rules of Appellate Procedure. The parties shall meet and confer to discuss whether an appeal bond is appropriate in this case, and if so, the proper amount. If no agreement can be reached, defendant shall oppose plaintiffs' motion for an appeal bond by October 13, 2017, and plaintiffs shall reply by October 20, 2017. (Signed by Judge Alvin K. Hellerstein on 9/29/2017) (ras) (Entered: 09/29/2017)
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                Legal Document (Payment Possibly Required) 59 Filed: 9/28/2017, Entered: None Unknown Document Type
                MEMORANDUM OF LAW in Support re: 57 MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]. MOTION for Bond [FRAP 7]. . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 09/28/2017)
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                  Legal Document (Payment Possibly Required) 58 Filed: 9/28/2017, Entered: None Unknown Document Type
                  DECLARATION of Jordan Greenberger in Support re: 57 MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]. MOTION for Bond [FRAP 7].. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Exhibit 1 - Decision & Order, # 2 Exhibit 2 - Judgment, # 3 Exhibit 3 - Invoices with Time Entries, # 4 Exhibit 4 - Engagement Letter)(Greenberger, Jordan) (Entered: 09/28/2017)
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                    Legal Document (Payment Possibly Required) 57 Filed: 9/28/2017, Entered: None Unknown Document Type
                    MOTION for Attorney Fees [FRPC 54, Copyright Act, Lanham Act]., MOTION for Bond [FRAP 7]. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company.(Greenberger, Jordan) (Entered: 09/28/2017)
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                      Legal Document (Payment Possibly Required) 56 Filed: 9/21/2017, Entered: None Unknown Document Type
                      NOTICE OF APPEAL from 53 Memorandum & Opinion, Terminate Motions,,,,,,,,,,,,,,,,,,. Document filed by Dr. Seuss Enterprises, L.P.. Filing fee $ 505.00, receipt number 0208-14155851. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Duvdevani, Tamar) (Entered: 09/21/2017)
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                        Legal Document (Payment Possibly Required) 55 Filed: 9/18/2017, Entered: None Unknown Document Type
                        AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 09/18/2017 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (dt) (Entered: 09/18/2017)
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                          Legal Document (Payment Possibly Required) 54 Filed: 9/18/2017, Entered: None Unknown Document Type
                          CLERK'S JUDGMENT: That for the reasons set forth in the Courts Opinion and Order dated September 15, 2017, plaintiffs' motion for judgment on the pleadings and dismissal of defendant's counterclaims is granted; The Play constitutes fair use and does not infringe defendant's copyright in Grinch; accordingly, judgment is entered in favor of plaintiffs and the counterclaims are dismissed with costs taxed in favor of plaintiffs, and the case is closed. Dated: New York, New York September 18, 2017 (Signed by Clerk of Court Ruby Krajick on 09/18/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 09/18/2017)
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                            Blank 53 Filed: 9/15/2017, Entered: None Unknown Document TypeCourt Filing
                            OPINION AND ORDER GRANTING DECLARATORY JUDGMENT FOR PLAINTIFFS AND DISMISSING DEFENDANT'S COUNTERCLAIMS re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)], filed by Who's Holiday Limited Liability Company, Matthew Lombardo, 48 MOTION to File Amicus Brief, filed by Dramatists Legal Defense Fund., Motions terminated: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)], filed by Who's Holiday Limited Liability Company, Matthew Lombardo, 48 MOTION to File Amicus Brief, filed by Dramatists Legal Defense Fund. For the reasons stated herein, plaintiffs' motion is granted. The Play constitutes fair use and therefore does not infringe defendant's copyright in Grinch or related trademarks. Defendant's counterclaims are dismissed. Defendant's state law unfair competition and trademark dilution claims are dismissed for the same reasons. See Kregos v. Associated Press, 795 F. Supp. 1325, 1336 (S.D.N.Y. 1992) ("[T]he standards for§ 43(a) claims under the Lanham Act and unfair competition claims under New York law are virtually the same."); Charles Atlas, Ltd. v. DC Comics, Inc., 112 F. Supp. 2d 330, 341(S.D.N.Y.2000) (finding risk of confusion "clearly outweighed by the public interest in parodic expression" and dismissing state law trademark dilution and unfair competition claims "because they are based on the same permissible conduct."); Yankee Publishing, 809 F.Supp. at 282 (finding that the "same First Amendment considerations that limit a cause of action under the Lanham Act apply also to a cause of action under New York law."). For these reasons, plaintiffs' motion for judgment on the pleadings and dismissal of defendant's counterclaims is granted. The Clerk shall terminate the motion, and all related motions (Dkt. Nos. 44, 48). The Play constitutes fair use and does not infringe defendant's copyright in Grinch. The Clerk shall enter judgment granting judgment to plaintiffs and dismissing the counterclaims, and shall tax costs in favor of plaintiffs. The Clerk shall mark the case closed, and as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 9/15/2017) (ras) (Entered: 09/15/2017)
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                              Legal Document (Payment Possibly Required) 52 Filed: 8/5/2017, Entered: None Unknown Document Type
                              REPLY MEMORANDUM OF LAW in Support re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)]. . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 08/05/2017)
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                                Legal Document (Payment Possibly Required) 51 Filed: 7/28/2017, Entered: None Unknown Document Type
                                MEMORANDUM OF LAW in Opposition re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)]. . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 07/28/2017)
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                                  Legal Document (Payment Possibly Required) 50 Filed: 7/14/2017, Entered: None Unknown Document Type
                                  MEMORANDUM OF LAW in Opposition re: 48 MOTION to File Amicus Brief . . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 07/14/2017)
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                                    Legal Document (Payment Possibly Required) 49 Filed: 7/5/2017, Entered: None Unknown Document Type
                                    AFFIDAVIT of David H. Faux in Support re: 48 MOTION to File Amicus Brief .. Document filed by Dramatists Legal Defense Fund. (Faux, David) (Entered: 07/05/2017)
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                                      Legal Document (Payment Possibly Required) 48 Filed: 7/5/2017, Entered: None Unknown Document Type
                                      MOTION to File Amicus Brief . Document filed by Dramatists Legal Defense Fund. (Attachments: # 1 Proposed Amicus Brief)(Faux, David) (Entered: 07/05/2017)
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                                        Legal Document (Payment Possibly Required) 47 Filed: 6/30/2017, Entered: None Unknown Document Type
                                        FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by Dramatists Legal Defense Fund. (Attachments: # 1 Proposed Amicus Brief)(Faux, David) Modified on 6/30/2017 (db). (Entered: 06/30/2017)
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                                          Legal Document (Payment Possibly Required) 46 Filed: 6/30/2017, Entered: None Unknown Document Type
                                          MEMORANDUM OF LAW in Support re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)]. . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 06/30/2017)
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                                            Legal Document (Payment Possibly Required) 45 Filed: 6/30/2017, Entered: None Unknown Document Type
                                            DECLARATION of Jordan Greenberger in Support re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)].. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Exhibit 1 -Amended Complaint w/Play, # 2 Exhibit 2 - How The Grinch Stole Christmas (hard-copy), # 3 Exhibit 3 - Answer with Counterclaims, # 4 Exhibit 4 - Answer to Counterclaims)(Greenberger, Jordan) (Entered: 06/30/2017)
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                                            Legal Document (Payment Possibly Required) 44 Filed: 6/30/2017, Entered: None Unknown Document Type
                                            MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)]. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. Responses due by 7/28/2017(Greenberger, Jordan) (Entered: 06/30/2017)
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                                              Legal Document (Payment Possibly Required) 43 Filed: 6/30/2017, Entered: None Unknown Document Type
                                              NOTICE OF APPEARANCE by David Herbert Faux on behalf of Dramatists Legal Defense Fund. (Faux, David) (Entered: 06/30/2017)
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                                                Legal Document (Payment Possibly Required) 42 Filed: 6/29/2017, Entered: None Unknown Document TypeCourt Filing
                                                ORDER: granting 41 Letter Motion for Leave to File Document. Plaintiffs shall file a hard-copy of Grinch with the Court and serve a copy of same on Defendant. Plaintiffs shall not file the Grinch electronically. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/29/2017) (ama) Modified on 6/29/2017 (ama). (Entered: 06/29/2017)
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                                                  Legal Document (Payment Possibly Required) 41 Filed: 6/28/2017, Entered: None Unknown Document TypeCourt Filing
                                                  LETTER MOTION for Leave to File Hard Copy Exhibit To Rule 12(c) Motion (book version of How The Grinch Stole Christmas) addressed to Judge Alvin K. Hellerstein from Jordan Greenberger, Esq. dated 06-28-2017. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company.(Greenberger, Jordan) (Entered: 06/28/2017)
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                                                    Legal Document (Payment Possibly Required) 40 Filed: 6/7/2017, Entered: None Unknown Document TypeCourt Filing
                                                    SCHEDULING ORDER terminating 38 Letter Motion to Expedite. I have received plaintiffs' letter dated June 5, 2017, as well as defendant's response dated June 6, 2017. I had previously ordered the parties to be prepared to discuss at the upcoming status conference whether plaintiffs' fair use claim should be resolved on a motion for judgment on the pleadings pursuant to Rule 12(c). Defendant contends that discovery is required before plaintiffs' fair use claim can be considered, but that position can be argued and explored in the context of a 12(c) motion, and any further delay will adversely affect the plaintiffs' rights. The status conference currently scheduled for June 30, 2017 is canceled. Plaintiffs shall file their Rule 12(c) motion for judgment on the pleadings by June 30, 2017. Defendant's opposition is due July 28, 2017, and plaintiffs' reply is due August 9, 2017. The Clerk shall terminate the motion (Dkt. No. 38). (Signed by Judge Alvin K. Hellerstein on 6/7/2017) (mro) (Entered: 06/07/2017)
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                                                      Legal Document (Payment Possibly Required) 39 Filed: 6/6/2017, Entered: None Unknown Document TypeCourt Filing
                                                      LETTER addressed to Judge Alvin K. Hellerstein from Tamar Duvdevani dated June 6, 2017 re: Response to Plaintiffs' Letter Motion to Expedite Proposed Rule 12(c) Motion. Document filed by Dr. Seuss Enterprises, L.P..(Duvdevani, Tamar) (Entered: 06/06/2017)
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                                                        Legal Document (Payment Possibly Required) 38 Filed: 6/5/2017, Entered: None Unknown Document TypeCourt Filing
                                                        FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Expedite Proposed Rule 12(c) Motion addressed to Judge Alvin K. Hellerstein from Jordan Greenberger, Esq. dated 06/05/2017. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company.(Greenberger, Jordan) Modified on 8/7/2017 (ldi). (Entered: 06/05/2017)
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                                                          Legal Document (Payment Possibly Required) 37 Filed: 5/31/2017, Entered: None Unknown Document TypeCourt Filing
                                                          ENDORSED LETTER: addressed to Concerned Parties from Brigitte Jones, Courtroom Deputy dated 5/31/2017 re: The Status conference previously scheduled for June 2, 2017 is hereby adjourned. You are hereby notified that you are required to appear for status conf. on June 30, 2017 at 10:00 a.m. in the U.S. Courthouse-Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, New York 10007. So Ordered. ENDORSEMENT: So Ordered., ( Status Conference set for 6/30/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/31/2017) (js) (Entered: 05/31/2017)
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                                                            Legal Document (Payment Possibly Required) 36 Filed: 5/26/2017, Entered: None Unknown Document Type
                                                            ANSWER to 33 Counterclaim. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Exhibit A - Website & Telecharge Page)(Greenberger, Jordan) (Entered: 05/26/2017)
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                                                              Legal Document (Payment Possibly Required) 35 Filed: 5/16/2017, Entered: 5/16/2017 Endorsed LetterCourt Filing
                                                              ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jordan Greenberger dated 5/16/17 re: Counsel writes to request an extension of their time to respond to Defendant's counterclaims. ENDORSEMENT: Appl'n for enlargement is denied. (Signed by Judge Alvin K. Hellerstein on 5/16/2017) (mro)
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                                                                Legal Document (Payment Possibly Required) 34 Filed: 5/5/2017, Entered: 5/5/2017 AO 121 Form Copyright - Notice of Submission by Attorney
                                                                AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for additional pleading submitted to court for review.(Duvdevani, Tamar)
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                                                                  Legal Document (Payment Possibly Required) 33 Filed: 5/5/2017, Entered: 5/5/2017 Answer to amended complaint
                                                                  ANSWER to 30 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against Matthew Lombardo, Who's Holiday Limited Liability Company. Document filed by Dr. Seuss Enterprises, L.P.. (Attachments: # 1 Appendix A)(Duvdevani, Tamar)
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                                                                    Legal Document (Payment Possibly Required) 32 Filed: 4/27/2017, Entered: 4/27/2017 Notice of appearance
                                                                    NOTICE OF APPEARANCE by Ashley Joyce on behalf of Dr. Seuss Enterprises, L.P.. (Joyce, Ashley)
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                                                                      Legal Document (Payment Possibly Required) 31 Filed: 4/26/2017, Entered: 4/26/2017 Exhibit
                                                                      EXHIBIT TO PLEADING re: 29 Amended Complaint,, 30 Amended Complaint,,. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company.(Greenberger, Jordan)
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                                                                        Legal Document (Payment Possibly Required) 30 Filed: 4/24/2017, Entered: 4/24/2017 Amended Complaint
                                                                        AMENDED COMPLAINT amending 1 Complaint, 29 Amended Complaint,, against Dr. Seuss Enterprises, L.P. with JURY DEMAND.Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. Related document: 1 Complaint filed by Who's Holiday Limited Liability Company, Matthew Lombardo, 29 Amended Complaint,, filed by Who's Holiday Limited Liability Company, Matthew Lombardo. (Attachments: # 1 Exhibit 1 - The Play)(Greenberger, Jordan) Modified on 4/25/2017 (pc). Modified on 4/27/2017 (pc).
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                                                                          Legal Document (Payment Possibly Required) 29 Filed: 4/21/2017, Entered: 4/21/2017 Amended Complaint
                                                                          FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending 1 Complaint against Matthew Lombardo, Who's Holiday Limited Liability Company with JURY DEMAND.Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. Related document: 1 Complaint filed by Who's Holiday Limited Liability Company, Matthew Lombardo. (Attachments: # 1 Exhibit 1 - The Play)(Greenberger, Jordan) Modified on 4/24/2017 (pc).
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                                                                            Blank 28 Filed: 4/7/2017, Entered: None Unknown Document TypeCourt Filing
                                                                            ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS AND DENYING PLAINTIFFS' CROSS-MOTION FOR DEFAULT JUDGMENT granting 14 Motion to Dismiss; denying 26 Motion for Default Judgment; Motion to Stay. For the reasons stated herein, defendant's motion to dismiss plaintiffs' tort claims is granted, and plaintiffs' motion for default judgment is denied. Plaintiffs' tort claims are dismissed with prejudice and without leave to amend. The Clerk shall terminate the motions (Dkt. Nos. 14, 26). Plaintiff shall file an Amended Complaint, alleging only their claim of fair use, and without the tort claims, by April 21, 2017. Defendant shall file an answer by May 5, 2017. The parties shall appear for a status conference on June 2, 2017 at 10 a.m. The parties shall be prepared to discuss whether plaintiffs' fair use claim should be resolved on a Rule 12(c) motion, and if not, the discovery that may be appropriate. (Signed by Judge Alvin K. Hellerstein on 4/7/2017) (cla) (Entered: 04/07/2017)
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                                                                              Legal Document (Payment Possibly Required) 27 Filed: 3/13/2017, Entered: None Unknown Document Type
                                                                              DECLARATION of Jordan Greenberger in Support re: 26 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error,, 14 MOTION to Dismiss the Complaint. (Alternative Requests) [Re-filed Doc. 20 per 3/13/17 notice]., 20 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests).. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Exhibit Complaint (w/ the Play as Ex. 1 thereto))(Greenberger, Jordan) (Entered: 03/13/2017)
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                                                                                Legal Document (Payment Possibly Required) 26 Filed: 3/13/2017, Entered: None Unknown Document Type
                                                                                CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment)., CROSS MOTION to Stay re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error,, 14 MOTION to Dismiss the Complaint. (Alternative Requests) [Re-filed Doc. 20 per 3/13/17 notice]. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company.(Greenberger, Jordan) (Entered: 03/13/2017)
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                                                                                  Legal Document (Payment Possibly Required) 25 Filed: 3/9/2017, Entered: None Unknown Document Type
                                                                                  REPLY MEMORANDUM OF LAW in Support re: 20 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests). . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 03/09/2017)
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                                                                                    Legal Document (Payment Possibly Required) 24 Filed: 3/3/2017, Entered: None Unknown Document Type
                                                                                    MEMORANDUM OF LAW in Opposition re: 20 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests). . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 03/03/2017)
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                                                                                      Legal Document (Payment Possibly Required) 23 Filed: 2/24/2017, Entered: 2/24/2017 Reply Memorandum of Law in Support of Motion
                                                                                      REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Complaint. . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar)
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                                                                                        Blank 22 Filed: 2/24/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                        LETTER addressed to Judge Alvin K. Hellerstein from Tamar Y. Duvdevani dated February 24, 2017 re: 19 Dramatists Legal Defense Funds amicus curiae letter. Document filed by Dr. Seuss Enterprises, L.P..(Duvdevani, Tamar) (Entered: 02/24/2017)
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                                                                                          Legal Document (Payment Possibly Required) 21 Filed: 2/17/2017, Entered: None Unknown Document Type
                                                                                          MEMORANDUM OF LAW in Opposition re: 20 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests)., 14 MOTION to Dismiss the Complaint. In Opposition to Defendant's Motion 14 and in Support of Cross-Motion 20 . Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 02/17/2017)
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                                                                                            Legal Document (Payment Possibly Required) 20 Filed: 2/17/2017, Entered: None Unknown Document Type
                                                                                            CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment)., CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests). Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Affidavit Decl. of Jordan Greenberger, # 2 Exhibit A - Complaint (with the Play as Ex. 1 thereto))(Greenberger, Jordan) (Entered: 02/17/2017)
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                                                                                              Legal Document (Payment Possibly Required) 19 Filed: 2/17/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                              LETTER addressed to Judge Alvin K. Hellerstein from Dramatists Legal Defense Fund dated 2/17/2017 re: Letter of Amicus Curiae Dramatists Legal Defense Fund in Opposition of Partial Motion to Dismiss. Document filed by Dramatists Legal Defense Fund.(Faux, David) (Entered: 02/17/2017)
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                                                                                                Legal Document (Payment Possibly Required) 18 Filed: 2/17/2017, Entered: None Unknown Document Type
                                                                                                NOTICE OF APPEARANCE by David Herbert Faux on behalf of Dramatists Legal Defense Fund. (Faux, David) (Entered: 02/17/2017)
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                                                                                                  Legal Document (Payment Possibly Required) 17 Filed: 2/6/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                  ORDER GRANTING ADMISSION OF RYAN C. COMPTON PRO HAC VICE re: 12 Motion for Ryan C. Compton to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 2/6/2017) (cla) (Entered: 02/06/2017)
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                                                                                                    Legal Document (Payment Possibly Required) 16 Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                    DECLARATION of Tamar Duvdevani in Support re: 14 MOTION to Dismiss the Complaint.. Document filed by Dr. Seuss Enterprises, L.P.. (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)(Duvdevani, Tamar) (Entered: 02/03/2017)
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                                                                                                      Legal Document (Payment Possibly Required) 15 Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                      MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Complaint. . Document filed by Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 02/03/2017)
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                                                                                                        Legal Document (Payment Possibly Required) 14 Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                        MOTION to Dismiss the Complaint. Document filed by Dr. Seuss Enterprises, L.P..(Duvdevani, Tamar) (Entered: 02/03/2017)
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                                                                                                          Legal Document (Payment Possibly Required) 13 Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dr. Seuss Enterprises, L.P..(Duvdevani, Tamar) (Entered: 02/03/2017)
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                                                                                                            Blank 12 Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                            MOTION for Ryan C. Compton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13277666. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Seuss Enterprises, L.P.. (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Compton, Ryan) (Entered: 02/03/2017)
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                                                                                                            Legal Document (Payment Possibly Required) 11 Filed: 1/12/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                            MEMO ENDORSEMENT on re: 10 Letter re: Extension of time to answer the complaint filed by Dr. Seuss Enterprises, L.P. ENDORSEMENT: SO ORDERED. (Dr. Seuss Enterprises, L.P. answer due 2/3/2017.) (Signed by Judge Alvin K. Hellerstein on 1/12/2017) (cla) (Entered: 01/12/2017)
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                                                                                                              Legal Document (Payment Possibly Required) 10 Filed: 1/11/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                              LETTER addressed to Judge Alvin K. Hellerstein from Tamar Y. Duvdevani dated January 11, 2017 re: Extension of time to answer the complaint. Document filed by Dr. Seuss Enterprises, L.P..(Duvdevani, Tamar) (Entered: 01/11/2017)
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                                                                                                                Legal Document (Payment Possibly Required) 9 Filed: 1/11/2017, Entered: None Unknown Document Type
                                                                                                                NOTICE OF APPEARANCE by Tamar Y. Duvdevani on behalf of Dr. Seuss Enterprises, L.P.. (Duvdevani, Tamar) (Entered: 01/11/2017)
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                                                                                                                  Legal Document (Payment Possibly Required) 8 Filed: 1/10/2017, Entered: None Unknown Document Type
                                                                                                                  SUMMONS RETURNED EXECUTED Summons and Complaint served. Dr. Seuss Enterprises, L.P. served on 12/30/2016, answer due 1/20/2017. Service was accepted by Mary Wedge (Assistant to Lawrence Tannenbaum, Agent). Document filed by Matthew Lombardo; Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 01/10/2017)
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                                                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                    AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pc) (Entered: 12/28/2016)
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                                                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                      ELECTRONIC SUMMONS ISSUED as to Dr. Seuss Enterprises, L.P.. (pc) (Entered: 12/28/2016)
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                                                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 12/27/2016, Entered: None Unknown Document Type
                                                                                                                        RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Who's Holiday Limited Liability Company.(Greenberger, Jordan) (Entered: 12/27/2016)
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                                                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 12/27/2016, Entered: None Unknown Document Type
                                                                                                                          AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Greenberger, Jordan) (Entered: 12/27/2016)
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                                                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 12/27/2016, Entered: None Unknown Document Type
                                                                                                                            CIVIL COVER SHEET filed. (Greenberger, Jordan) (Entered: 12/27/2016)
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                                                                                                                              Legal Document (Payment Possibly Required) 2 Filed: 12/27/2016, Entered: None Unknown Document Type
                                                                                                                              REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Seuss Enterprises, L.P., re: 1 Complaint. Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Greenberger, Jordan) (Entered: 12/27/2016)
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                                                                                                                                Legal Document (Payment Possibly Required) 1 Filed: 12/27/2016, Entered: None Unknown Document Type
                                                                                                                                COMPLAINT against Dr. Seuss Enterprises, L.P.. (Filing Fee $ 400.00, Receipt Number 0208-13140301)Document filed by Matthew Lombardo, Who's Holiday Limited Liability Company. (Attachments: # 1 Exhibit The Play)(Greenberger, Jordan) (Entered: 12/27/2016)
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                                                                                                                                Legal Document (Payment Possibly Required)  Filed: 7/31/2018, Entered: None Unknown Document Type
                                                                                                                                Transmission of USCA Mandate/Order to the District Judge re: 65 USCA Mandate. (tp)
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                                                                                                                                  Legal Document (Payment Possibly Required)  Filed: 9/29/2017, Entered: None Unknown Document Type
                                                                                                                                  Set/Reset Deadlines: Responses due by 10/13/2017. Replies due by 10/20/2017. (ras)
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                                                                                                                                    Legal Document (Payment Possibly Required)  Filed: 9/21/2017, Entered: None Unknown Document Type
                                                                                                                                    Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 56 Notice of Appeal,. (nd)
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                                                                                                                                      Legal Document (Payment Possibly Required)  Filed: 9/21/2017, Entered: None Unknown Document Type
                                                                                                                                      Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 56 Notice of Appeal, filed by Dr. Seuss Enterprises, L.P. were transmitted to the U.S. Court of Appeals. (nd)
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                                                                                                                                        Legal Document (Payment Possibly Required)  Filed: 9/15/2017, Entered: None Unknown Document Type
                                                                                                                                        Transmission to Judgments and Orders Clerk. Transmitted re: 53 OPINION AND ORDER to the Judgments and Orders Clerk. (ras)
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                                                                                                                                          Legal Document (Payment Possibly Required)  Filed: 6/30/2017, Entered: None Unknown Document Type
                                                                                                                                          ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Herbert Faux to RE-FILE Document 47 MOTION to File Amicus Brief . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
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                                                                                                                                            Legal Document (Payment Possibly Required)  Filed: 6/7/2017, Entered: None Unknown Document Type
                                                                                                                                            Set/Reset Deadlines: Motions due by 6/30/2017. Responses due by 7/28/2017 Replies due by 8/9/2017. (mro)
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                                                                                                                                              Legal Document (Payment Possibly Required)  Filed: 4/24/2017, Entered: None Unknown Document Type
                                                                                                                                              ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jordan Daniel Greenberger to RE-FILE Document No. 29 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; The amended complaint was filed incorrectly on the due date. Permission from Chambers will need to be acquired in order for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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                                                                                                                                                Legal Document (Payment Possibly Required)  Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                                                                                Set/Reset Deadlines: (Amended Pleadings due by 4/21/2017.), Set/Reset Hearings:( Status Conference set for 6/2/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (cla)
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                                                                                                                                                  Legal Document (Payment Possibly Required)  Filed: 3/13/2017, Entered: None Unknown Document Type
                                                                                                                                                  ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jordan Daniel Greenberger to RE-FILE Document 20 CROSS MOTION for Default Judgment as to First Cause Of Action (Fair Use/Declaratory Judgment).CROSS MOTION to Stay re: 14 MOTION to Dismiss the Complaint. (Alternative Requests). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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                                                                                                                                                    Legal Document (Payment Possibly Required)  Filed: 2/3/2017, Entered: None Unknown Document Type
                                                                                                                                                    >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Ryan C. Compton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13277666. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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                                                                                                                                                      Legal Document (Payment Possibly Required)  Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                                                      ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jordan Daniel Greenberger. The following case opening statistical information was erroneously selected/entered: Dollar Demand $55,861,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $56,000; the Fee Status code has been modified to pd (paid). (pc)
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                                                                                                                                                        Legal Document (Payment Possibly Required)  Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                                                        CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)
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                                                                                                                                                          Legal Document (Payment Possibly Required)  Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                                                          Magistrate Judge Debra C. Freeman is so designated. (pc)
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                                                                                                                                                            Legal Document (Payment Possibly Required)  Filed: 12/28/2016, Entered: None Unknown Document Type
                                                                                                                                                            Case Designated ECF. (pc)
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