Hedgeye Risk Management, LLC v. Dale
Federal Civil Lawsuit New York Southern District Court, Case No. 1:21-cv-03687-ALC
Magistrate Judge Andrew L. Carter, Jr, presiding

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No Logo Hedgeye Risk Management, LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Eric A Prager EAPrager@Venable.com
v.
No Logo Darius Dale, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michelle Holmes +1 203 596 1091 +1 203 596 1093 michelle@mholmeslaw.com
Office Foley Square
Filed 4/26/2021
Jury Demand Plaintiff
Demand
Nature of Suit -
Cause Section 18 U.S.C. § 1836(b) Civil Action to Protect Trade Secrets
Jurisdiction Federal Question
Disposition
County XX Out of State
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag ECF
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Legal Document (Payment Possibly Required) 111 Filed: 9/22/2021, Entered: None Waiver of Service Executed
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    Legal Document (Payment Possibly Required) 110 Filed: 9/22/2021, Entered: None Waiver of Service Executed
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      Legal Document (Payment Possibly Required) 109 Filed: 9/21/2021, Entered: None Memorandum of Law in Support of Motion
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        Legal Document (Payment Possibly Required) 108 Filed: 9/21/2021, Entered: None Declaration in Support of Motion
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          Legal Document (Payment Possibly Required) 107 Filed: 9/21/2021, Entered: None Sanctions
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            Legal Document (Payment Possibly Required) 106 Filed: 9/21/2021, Entered: None Notice of Filing Transcript
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                Legal Document (Payment Possibly Required) 104 Filed: 9/17/2021, Entered: None Conference
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                  Legal Document (Payment Possibly Required) 103 Filed: 9/17/2021, Entered: None Order on Motion for Discovery
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                    Legal Document (Payment Possibly Required) 101 Filed: 9/14/2021, Entered: None Adjourn Conference
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                      Legal Document (Payment Possibly Required) 99 Filed: 9/9/2021, Entered: None Response in Opposition to Motion
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                        Legal Document (Payment Possibly Required) 98 Filed: 9/3/2021, Entered: None Discovery
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                          Legal Document (Payment Possibly Required) 97 Filed: 8/31/2021, Entered: None Summons Issued
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                            Legal Document (Payment Possibly Required) 96 Filed: 8/31/2021, Entered: None Summons Issued
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                              Legal Document (Payment Possibly Required) 95 Filed: 8/31/2021, Entered: None Request for Issuance of Summons
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                                Legal Document (Payment Possibly Required) 94 Filed: 8/31/2021, Entered: None Request for Issuance of Summons
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                                  Legal Document (Payment Possibly Required) 93 Filed: 8/27/2021, Entered: None Letter
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                                    Legal Document (Payment Possibly Required) 92 Filed: 8/20/2021, Entered: None Amended Complaint
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                                      Legal Document (Payment Possibly Required) 91 Filed: 8/19/2021, Entered: None Notice of Filing Transcript
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                                            Legal Document (Payment Possibly Required) 88 Filed: 8/4/2021, Entered: None Order on Motion to Appear Pro Hac Vice
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                                              Legal Document (Payment Possibly Required) 87 Filed: 8/3/2021, Entered: None Appear Pro Hac Vice
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                                                          Legal Document (Payment Possibly Required) 81 Filed: 7/26/2021, Entered: None Leave to File Document
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                                                            Legal Document (Payment Possibly Required) 80 Filed: 7/23/2021, Entered: None Discovery
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                                                                Legal Document (Payment Possibly Required) 78 Filed: 7/22/2021, Entered: None Declaration in Opposition to Motion
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                                                                    Legal Document (Payment Possibly Required) 76 Filed: 7/22/2021, Entered: None Memorandum of Law in Opposition to Motion
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                                                                      Legal Document (Payment Possibly Required) 75 Filed: 7/22/2021, Entered: None Seal
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                                                                        Legal Document (Payment Possibly Required) 74 Filed: 7/22/2021, Entered: None Notice of Appearance
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                                                                              Legal Document (Payment Possibly Required) 71 Filed: 7/20/2021, Entered: None Notice of Appearance
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                                                                                  Legal Document (Payment Possibly Required) 57 Filed: 6/14/2021, Entered: None Memo Endorsement
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                                                                                      Legal Document (Payment Possibly Required) 55 Filed: 6/4/2021, Entered: None Order
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                                                                                                  Legal Document (Payment Possibly Required) 49 Filed: 6/1/2021, Entered: None Notice (Other)
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                                                                                                    Legal Document (Payment Possibly Required) 48 Filed: 6/1/2021, Entered: None Answer to Complaint
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                                                                                                      Legal Document (Payment Possibly Required) 47 Filed: 5/30/2021, Entered: None Response to Motion
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                                                                                                        Legal Document (Payment Possibly Required) 46 Filed: 5/28/2021, Entered: None Conference
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                                                                                                          Legal Document (Payment Possibly Required) 45 Filed: 5/27/2021, Entered: None Protective Order
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                                                                                                            Legal Document (Payment Possibly Required) 44 Filed: 5/27/2021, Entered: None Stipulation and Order
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                                                                                                              Legal Document (Payment Possibly Required) 43 Filed: 5/26/2021, Entered: None Proposed Protective Order
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                                                                                                                Legal Document (Payment Possibly Required) 42 Filed: 5/26/2021, Entered: None Proposed Stipulation and Order
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                                                                                                                  Legal Document (Payment Possibly Required) 41 Filed: 5/24/2021, Entered: None Summons Returned Executed
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                                                                                                                    Legal Document (Payment Possibly Required) 40 Filed: 5/20/2021, Entered: None Leave to File Document
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                                                                                                                      Legal Document (Payment Possibly Required) 39 Filed: 5/19/2021, Entered: None Order on Motion to Seal
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                                                                                                                        Legal Document (Payment Possibly Required) 38 Filed: 5/18/2021, Entered: None Order
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                                                                                                                          Legal Document (Payment Possibly Required) 37 Filed: 5/18/2021, Entered: None Seal
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                                                                                                                            Legal Document (Payment Possibly Required) 36 Filed: 5/18/2021, Entered: None Memorandum of Law in Opposition to Motion
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                                                                                                                              Legal Document (Payment Possibly Required) 35 Filed: 5/11/2021, Entered: None Order on Motion to Appear Pro Hac Vice
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                                                                                                                                Legal Document (Payment Possibly Required) 34 Filed: 5/7/2021, Entered: None Appear Pro Hac Vice
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                                                                                                                                  Legal Document (Payment Possibly Required) 33 Filed: 5/6/2021, Entered: None Order on Motion to Seal
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                                                                                                                                    Legal Document (Payment Possibly Required) 32 Filed: 5/5/2021, Entered: None Redacted Document
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                                                                                                                                      Legal Document (Payment Possibly Required) 31 Filed: 5/5/2021, Entered: None Seal
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                                                                                                                                        Legal Document (Payment Possibly Required) 30 Filed: 5/5/2021, Entered: None Reply Memorandum of Law in Support (non-motion)
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                                                                                                                                          Legal Document (Payment Possibly Required) 29 Filed: 5/4/2021, Entered: None Order on Motion to Appear Pro Hac Vice
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                                                                                                                                            Legal Document (Payment Possibly Required) 19 Filed: 4/29/2021, Entered: 4/29/2021 Order on motion for extension of timeCourt Filing
                                                                                                                                            ORDER granting [15] Letter Motion for Extension of Time; granting [16] Letter Motion to Seal. The Court has received Defendant's request for an extension of time. (ECF No. 15.) Plaintiff opposes the request. (ECF No. 17.) The Court grants Defendant's request. The Court cancels the May 10, 2021 telephone conference, and the Parties shall appear for a Show Cause hearing, via telephone conference, on May 24, 2021 at 2:00 p.m. The Parties should contact the Court at 1-888-363-4749 (access code: 3768660). Defendant shall produce the documents by May 4, 2021 at 5:00 p.m., and Defendant shall submit a Response to the Application, in writing, to be filed with the Court and served upon attorneys for Plaintiff by May 18, 2021 at 5:00 p.m. Defendant shall be temporarily restrained and enjoined until May 24, 2021. Additionally, the Court grants Plaintiff's request to seal. (ECF No. 16). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) (rj)
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                                                                                                                                              Legal Document (Payment Possibly Required) 28 Filed: 5/3/2021, Entered: None Memorandum of Law in Opposition to Motion
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                                                                                                                                                Legal Document (Payment Possibly Required) 18 Filed: 4/29/2021, Entered: 4/29/2021 bond
                                                                                                                                                UNDERTAKING ON A TEMPORARY RESTRAINING ORDER BOND, BOND #3482575 in the amount of $10,000 posted by Plaintiff.(km)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 27 Filed: 5/3/2021, Entered: None Appear Pro Hac Vice
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                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 4/29/2021, Entered: 4/29/2021 response in opposition to motion
                                                                                                                                                    RESPONSE in Opposition to Motion re: [15] MOTION for Extension of Time . . Document filed by Hedgeye Risk Management, LLC. (Attachments: # (1) Exhibit A).(Prager, Eric)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 26 Filed: 5/3/2021, Entered: None Order on Motion to Seal
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                                                                                                                                                        Blank  ***Set/Reset Deadlines
                                                                                                                                                        Set/Reset Deadlines: Responses due by 5/4/2021 (rj)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 25 Filed: 5/1/2021, Entered: None Proposed Order
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                                                                                                                                                            Blank  set/reset hearings
                                                                                                                                                            Set/Reset Hearings: Telephone Conference set for 5/24/2021 at 02:00 PM before Judge Andrew L. Carter Jr.. (rj)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 24 Filed: 5/1/2021, Entered: None Declaration in Support (non-motion)
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                                                                                                                                                                Blank  Notice Regarding Deficient Motion to Appear Pro Hac Vice
                                                                                                                                                                >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [14] MOTION for Michelle N. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467337. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Connecticut; Affidavit is not notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 23 Filed: 5/1/2021, Entered: None Seal
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 16 Filed: 4/28/2021, Entered: 4/28/2021, Terminated: 4/29/2021 Motion to sealCourt Filing
                                                                                                                                                                    LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Eric A. Prager dated April 28, 2021. Document filed by Hedgeye Risk Management, LLC. (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).(Prager, Eric)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 22 Filed: 5/1/2021, Entered: None Memorandum of Law in Support (non-motion)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 4/28/2021, Entered: 4/28/2021, Terminated: 4/29/2021 MOTION for Extension of Time
                                                                                                                                                                        MOTION for Extension of Time . Document filed by Darius Dale..(Holmes, Michelle)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 21 Filed: 5/1/2021, Entered: None Proposed Order to Show Cause With Emergency Relief
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 14 Filed: 4/28/2021, Entered: 4/28/2021, Terminated: 4/29/2021 Motion to appear pro hac vice
                                                                                                                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michelle N. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467337. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darius Dale. (Attachments: # (1) Affidavit, # (2) Text of Proposed Order).(Holmes, Michelle) Modified on 4/29/2021 (wb).
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 20 Filed: 4/29/2021, Entered: None Notice (Other)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 13 Filed: 4/27/2021, Entered: 4/27/2021 Order to Show CauseCourt Filing
                                                                                                                                                                                ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is hereby ORDERED, that the above-named Defendant show cause before this Court, on May 10, 2021, at 2:00 p.m., why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendant during the pendency of this action from engaging in the conduct subject to the temporary restraining order described below. The Parties shall appear for a Show Cause hearing, via telephone conference, on May 10, 2021 at 2:00 p.m. The Parties should contact the Court at 1-888-363-4749 (access code: 3768660); ORDERED, that sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., Mr. Dale and any employees, agents, servants, officers, representatives, directors, attorneys, successors, affiliates, assigns and entities owned or controlled by Mr. Dale, and all those in active concert and participation with any of them who receive notice directly or otherwise of this order are hereby temporarily restrained and enjoined until May 10, 2021 as follows:1. Mr. Dale shall deliver to Hedgeye the computer files listed in Exhibits 1 through 5 of Plaintiff's motion for a Temporary Restraining Order (other than his resignation letter in Exhibit 1). Mr. Dale shall also deliver to Hedgeye any other files that he obtained or created while employed by Hedgeye that contain Hedgeye trade secrets and/or other confidential information, all of which shall be referred to herein the "Subject Files"; Mr. Dale shall also deliver to Hedgeye any and all notebooks (and copies thereof) that he prepared and/or kept containing Hedgeye trade secrets and other confidential business information; 2. Mr. Dale shall thereafter preserve and forebear from accessing or in any way using any and all copies of the Subject Files that are in his possession, custody, or control, in a manner that may be verified in discovery; 3. Mr. Dale shall deliver to his counsel a copy of every computer file in his possession, custody, or control that includes, was derived from, or represents a modified version of the Subject Files; these files shall be referred to herein as the "Derived Files"; 4. Mr. Dale shall thereafter preserve and forebear from accessing or in any way using any and all copies of the Derived Files that are in his possession, custody, or control in a manner that may be verified in discovery; 5. Mr. Dale shall serve and file a declaration attesting that he has fully and in good faith complied with the requirements of paragraphs 1-4 above; 6. The actions required by paragraphs 1-5 shall be completed by 5:00 pm on April 29, 2021; 7. Mr. Dale's counsel shall preserve the Derived Files as evidence in this case until further order of the Court; 8. Mr. Dale shall not use or disclose any trade secret or other confidential information obtained during his employment by Hedgeye; 9. Hedgeye shall post a bond in the amount of $10,000 on or before 5:00 pm on April 29, 2021 ORDERED that Defendant submit a Response to the Application, in writing, to be filed with the Court and served upon attorneys for Plaintiff by May 4, 2021 at 5:00 p.m. ORDERED that Plaintiff shall effectuate personal service of a copy of this order upon Defendant or Defendant's counsel forthwith. SO ORDERED.Show Cause Hearing set for 5/10/2021 at 02:00 PM before Judge Andrew L. Carter Jr.. Show Cause Response due by 5/4/2021. (Signed by Judge Andrew L. Carter, Jr on 4/27/2021) (rj)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 12 Filed: 4/26/2021, Entered: 4/26/2021 Memorandum of Law
                                                                                                                                                                                  MEMORANDUM OF LAW re: [5] Proposed Order to Show Cause With Emergency Relief, [10] Proposed Temporary Restraining Order, . Document filed by Hedgeye Risk Management, LLC..(Prager, Eric)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 11 Filed: 4/26/2021, Entered: 4/26/2021 Summons issued
                                                                                                                                                                                    ELECTRONIC SUMMONS ISSUED as to Darius Dale..(pc)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 10 Filed: 4/26/2021, Entered: 4/26/2021 Proposed Temporary Restraining Order
                                                                                                                                                                                      PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Hedgeye Risk Management, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5) Related Document Number: [5, 6]..(Prager, Eric) Proposed Order to be reviewed by Clerk's Office staff.
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 9 Filed: 4/26/2021, Entered: 4/26/2021 Declaration in Support of Motion
                                                                                                                                                                                        DECLARATION of Alisha Zhang in Support re: [6] EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Hedgeye Risk Management, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5).(Prager, Eric)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 8 Filed: 4/26/2021, Entered: 4/26/2021 Declaration in Support of Motion
                                                                                                                                                                                          DECLARATION of Daryl Jones in Support re: [6] EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Hedgeye Risk Management, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17).(Prager, Eric)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 7 Filed: 4/26/2021, Entered: 4/26/2021 Declaration in Support of Motion
                                                                                                                                                                                            DECLARATION of Michael Blum in Support re: [6] EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Hedgeye Risk Management, LLC..(Prager, Eric)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 4/26/2021, Entered: 4/26/2021, Terminated: 4/26/2021 Motion for TRO
                                                                                                                                                                                              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Temporary Restraining Order . Document filed by Hedgeye Risk Management, LLC..(Prager, Eric) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 4/26/2021 (km).
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 4/26/2021, Entered: 4/26/2021 Proposed Order to Show Cause With Emergency Relief
                                                                                                                                                                                                PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Hedgeye Risk Management, LLC. (Attachments: # (1) Text of Proposed Order to Show Cause for Temporary Restraining Order and Preliminary Injunction).(Prager, Eric) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 4/26/2021, Entered: 4/26/2021 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                                                  RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hedgeye Risk Management, LLC..(Prager, Eric)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 4/26/2021, Entered: 4/26/2021 Request for Issuance of Summons
                                                                                                                                                                                                    REQUEST FOR ISSUANCE OF SUMMONS as to Darius Dale, re: [1] Complaint. Document filed by Hedgeye Risk Management, LLC..(Prager, Eric)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 4/26/2021, Entered: 4/26/2021 Civil Cover Sheet
                                                                                                                                                                                                      CIVIL COVER SHEET filed..(Prager, Eric)
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                                                                                                                                                                                                        Legal Document 1 Filed: 4/26/2021, Entered: 4/26/2021 Complaint
                                                                                                                                                                                                        COMPLAINT against Darius Dale. (Filing Fee $ 402.00, Receipt Number ANYSDC-24452399)Document filed by Hedgeye Risk Management, LLC..(Prager, Eric)
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                                                                                                                                                                                                          Blank  Notice to Court Regarding Proposed Order
                                                                                                                                                                                                          ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. [10] Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
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                                                                                                                                                                                                            Blank  Notice to Court Regarding Proposed Order
                                                                                                                                                                                                            ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. [5] Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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                                                                                                                                                                                                                Blank  Case Designation
                                                                                                                                                                                                                Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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                                                                                                                                                                                                                  Blank  Case Opening Initial Assignment Notice
                                                                                                                                                                                                                  CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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                                                                                                                                                                                                                    Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                    ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Eric Prager to RE-FILE Document [6] EMERGENCY MOTION for Temporary Restraining Order .. Use the event type Other Answers, Memorandum of Law (non-motion). (km)
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                                                                                                                                                                                                                      Blank  Notice to Attorney Regarding Case Opening Statistical Error Correction
                                                                                                                                                                                                                      ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric A. Prager. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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