Alexander Interactive, Inc. v. Adorama, Inc. et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:12-cv-06608

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Last Updated October 1, 2016 at 5:30 PM EDT (5.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo Alexander Interactive, Inc., Plaintiff

Toggle Switch Represented by Savage & Associates

Name Phone Fax E-Mail
Space Denise Lynn Savage +1 914 271 5150 +1 914 271 5255 dsavage@ny-sa.com
No Logo Alexander Schmelkin, Plaintiff
No Logo Josh Levine, Plaintiff
No Logo Adorama Enterprises LLC, Counter-Claimant
No Logo Adorama, Inc., Counter-Claimant
No Logo Eugene Mendlowits, Counter-Claimant
No Logo Mendel Mendlowits, Counter-Claimant
v.
No Logo Adorama Enterprises LLC, Defendant
No Logo Adorama, Inc., Defendant

Toggle Switch Represented by Reiss, Eisenpresss & Sheppe, LLP

Name Phone Fax E-Mail
Space Daniel J. Brown +1 212 753 2424 +1 212 753 3829 dbrown@reisssheppe.com
Space Matthew Henry Sheppe +1 212 980 0600 +1 212 980 0650 msheppe@reisseisen.com
Space Eric Jason Vardi +1 212 753 2424 +1 212 753 3829 evardi@reisssheppe.com
No Logo Eugene Mendlowits, Defendant
No Logo Mendel Mendlowits, Defendant
No Logo Alexander Interactive, Inc., Counter-Defendant

Toggle Switch Represented by Norwick and Schad

Name Phone Fax E-Mail
Space Kenneth P. Norwick +1 212 751 4440 +1 212 980 9391 ken@norwickschad.com
No Logo Alexander Schmelkin, Counter-Defendant
No Logo Josh Levine, Counter-Defendant
No Logo Magento, Inc., Interested Party

Toggle Switch Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
Space Patrick Joseph Sweeney +1 212 513 3547 +1 212 341 7122 patrick.sweeney@hklaw.com
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Legal Document (Payment Possibly Required) 209 Filed: 9/3/2014, Entered: None Court Filing
MEMORANDUM AND ORDER terminating 170 Motion for Sanctions. The June 17 Mem. & Order is neither set aside nor modified. The objections (Doc 170) are terminated. (Signed by Judge P. Kevin Castel on 9/2/2014) (lmb) (Entered: 09/03/2014)
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    Legal Document (Payment Possibly Required) 208 Filed: 9/2/2014, Entered: None Court Filing
    MEMORANDUM AND ORDER granting 198 Motion to Seal Document: For these reasons, Samsung's motion for a sealing order (Docket no. 198) is granted. If and when the documents Bates stamped SEA000001 to SEA0000008 are submitted in connection with the plaintiff's contemplated motion to compel, they shall be filed under seal. (Signed by Magistrate Judge James C. Francis on 9/2/2014) Copies Mailed By Chambers. (tn) (Entered: 09/02/2014)
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      Legal Document (Payment Possibly Required) 207 Filed: 8/25/2014, Entered: None
      REPLY MEMORANDUM OF LAW in Support re: 194 FIRST MOTION to Consolidate Cases 14 cv 2796 and 12 cv 6608 . . Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Savage, Denise) (Entered: 08/25/2014)
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        Legal Document (Payment Possibly Required) 206 Filed: 8/25/2014, Entered: None Court Filing
        MEMO ENDORSEMENT on re: 204 Letter filed by Eugene Mendlowits, Adorama, Inc., Mendel Mendlowits, Adorama Enterprises LLC. ENDORSEMENT: This document (Docket no. 204) should be deleted from 12 civ. 6608. (Signed by Magistrate Judge James C. Francis on 8/25/2014) (djc) (Entered: 08/25/2014)
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          Legal Document (Payment Possibly Required) 205 Filed: 8/22/2014, Entered: None
          MEMORANDUM OF LAW in Opposition re: 194 FIRST MOTION to Consolidate Cases 14 cv 2796 and 12 cv 6608 . . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Declaration of D. Brown with Exhibits A-B)(Vardi, Eric) (Entered: 08/22/2014)
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            Legal Document (Payment Possibly Required) 204 Filed: 8/22/2014, Entered: None Court Filing
            LETTER addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated August 22, 2014 re: Request to Stay Discovery. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 08/22/2014)
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              Legal Document (Payment Possibly Required) 203 Filed: 8/21/2014, Entered: None
              MEMORANDUM OF LAW in Support re: 198 THIRD PARTY MOTION to Seal Document . . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Declaration of M Sheppe, # 2 Declaration of H Drummer)(Vardi, Eric) (Entered: 08/21/2014)
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                Blank 202 Filed: 8/14/2014, Entered: None Court Filing
                MEMORANDUM AND ORDER denying 173 Motion for Sanctions. The Court declines to modify or set aside any portion of the Memorandum and Order of June 26, 2014, and Ms. Savage's motion (Docket #.173) is DENIED. (Signed by Judge P. Kevin Castel on 8/14/2014) (lmb) (Entered: 08/14/2014)
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                  Legal Document (Payment Possibly Required) 201 Filed: 8/14/2014, Entered: None Court Filing
                  MEMO ENDORSEMENT on 196 Letter filed by Eugene Mendlowits, Adorama, Inc., Mendel Mendlowits, Adorama Enterprises LLC. ENDROSEMENT: Application granted. No further extensions. ( Expert Discovery due by 12/5/2014.) (Signed by Magistrate Judge James C. Francis on 8/13/2014) (cd) (Entered: 08/14/2014)
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                    Legal Document (Payment Possibly Required) 200 Filed: 8/13/2014, Entered: None
                    RESPONSE to Motion re: 198 THIRD PARTY MOTION to Seal Document . . Document filed by Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 08/13/2014)
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                      Legal Document (Payment Possibly Required) 199 Filed: 8/13/2014, Entered: None
                      MEMORANDUM OF LAW in Support re: 198 THIRD PARTY MOTION to Seal Document . . Document filed by Samsung Electronics America, Inc.. (Attachments: # 1 Declaration of Michael N. Mulvania, # 2 Declaration of Kenneth Murata)(Richardson, Ian) (Entered: 08/13/2014)
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                        Legal Document (Payment Possibly Required) 198 Filed: 8/13/2014, Entered: None
                        THIRD PARTY MOTION to Seal Document . Document filed by Samsung Electronics America, Inc..(Richardson, Ian) (Entered: 08/13/2014)
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                          Legal Document (Payment Possibly Required) 197 Filed: 8/13/2014, Entered: None
                          NOTICE OF APPEARANCE by Ian Craig Richardson on behalf of Samsung Electronics America, Inc.. (Richardson, Ian) (Entered: 08/13/2014)
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                            Legal Document (Payment Possibly Required) 196 Filed: 8/12/2014, Entered: None Court Filing
                            LETTER addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated August 12, 2014 re: Expert Discovery Schedule. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 08/12/2014)
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                              Legal Document (Payment Possibly Required) 195 Filed: 8/5/2014, Entered: None
                              FIRST MEMORANDUM OF LAW in Support re: 194 FIRST MOTION to Consolidate Cases 14 cv 2796 and 12 cv 6608 . . Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 08/05/2014)
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                                Legal Document (Payment Possibly Required) 194 Filed: 8/5/2014, Entered: None
                                FIRST MOTION to Consolidate Cases 14 cv 2796 and 12 cv 6608 . Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Savage, Denise) (Entered: 08/05/2014)
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                                  Legal Document (Payment Possibly Required) 193 Filed: 7/31/2014, Entered: None Court Filing
                                  ORDER: denying 183 Motion for Extension of Time; granting 183 Motion for Extension of Time to Complete Discovery. Plaintiffs having submitted letter motions to compel discovery responses and to extend the discovery deadline (Docket no. 183) and for an award of sanctions (Docket no. 187), it is hereby ORDERED as follows: 1. Plaintiffs' application for an order requiring Adorama to produce the source code for the Peripherals is denied; plaintiffs have not established a basis for conducting a forensic review for which the source code would be relevant. 2. Plaintiffs' application for an order requiring defendants to return or destroy data produced during the forensic examination at Alexander Interactive' s headquarters is denied. While the purpose for obtaining the data may have been mooted, some of it may be relevant to other issues in the litigation. Consistent with the confidentiality order, it may be retained until the case concludes. (Confidentiality Order and Stipulation and Addendum dated Dec. 5, 2012, paragraph 11). 3. Plaintiffs' application for an extension of the expert discovery schedule is granted as follows: a. The parties shall exchange initial expert reports and related materials by August 29, 2014. b. The parties shall exchange rebuttal expert reports by September 15, 2014. c. All expert discovery shall be completed by September 30, 2014. 4. Plaintiffs' application for an award of sanctions is denied. While production in response to my June 17, 2014 Order has been delayed, this is attributable to (a) the failure of the parties to meaningfully meet and confer and (b) the volume of the documents at issue. 5. This Order resolves Docket nos. 183 and 187. (Signed by Magistrate Judge James C. Francis on 7/31/2014) Copies Mailed By Chambers (djc) Modified on 7/31/2014 (djc). Modified on 7/31/2014 (djc). (Entered: 07/31/2014)
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                                    Legal Document (Payment Possibly Required) 192 Filed: 7/29/2014, Entered: None Court Filing
                                    LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 29, 2014 re: 183 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. LETTER MOTION for Extension of Time to Complete Discovery /And Demand Return of Produced Highly Confidential Data addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. and Reply in further support of Document No. 188, dated July 22, 2014. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 07/29/2014)
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                                      Legal Document (Payment Possibly Required) 191 Filed: 7/29/2014, Entered: None Court Filing
                                      LETTER addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated July 29, 2014 re: Response to Plaintiffs' July 22, 2014 Letter Motion (Doc Nos. 187 and 188). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 07/29/2014)
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                                        Legal Document (Payment Possibly Required) 190 Filed: 7/25/2014, Entered: None
                                        RESPONSE in Opposition to Motion re: 173 MOTION for Sanctions Objection to certain portions of Magistrate Court's June 26,2014 Memorandum and Order pursuant to 28 U.S.C. Section 636 and FRCP 72(a). . Document filed by Denise Lynn Savage. (Savage, Denise) (Entered: 07/25/2014)
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                                          Legal Document (Payment Possibly Required) 189 Filed: 7/22/2014, Entered: None
                                          REPLY to Response to Motion re: 170 MOTION for Sanctions PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S MEMORANDUM AND ORDER DATED JUNE 17, 2014, PURSUANT TO 28 U.S.C. SECTION 636(b)(1)(C) AND FRCP 72(A). . Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 07/22/2014)
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                                            Legal Document (Payment Possibly Required) 188 Filed: 7/22/2014, Entered: None Court Filing
                                            FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 22, 2014 re: Sanctions Under Court's June 17th Order. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Savage, Denise) (Entered: 07/22/2014)
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                                              Legal Document (Payment Possibly Required) 187 Filed: 7/22/2014, Entered: None Court Filing
                                              LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 22, 2014 re: 183 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. LETTER MOTION for Extension of Time to Complete Discovery /And Demand Return of Produced Highly Confidential Data addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. /And request for Sanctions arising from Violation of July 17th Memorandum and Order. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 07/22/2014)
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                                                Legal Document (Payment Possibly Required) 186 Filed: 7/21/2014, Entered: None Court Filing
                                                LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated July 21, 2014 re: 183 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. LETTER MOTION for Extension of Time to Complete Discovery /And Demand Return of Produced Highly Confidential Data addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 07/21/2014)
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                                                  Legal Document (Payment Possibly Required) 185 Filed: 7/17/2014, Entered: None
                                                  DECLARATION of Matthew Sheppe in Opposition re: 173 MOTION for Sanctions Objection to certain portions of Magistrate Court's June 26,2014 Memorandum and Order pursuant to 28 U.S.C. Section 636 and FRCP 72(a).. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 07/17/2014)
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                                                    Legal Document (Payment Possibly Required) 184 Filed: 7/17/2014, Entered: None
                                                    MEMORANDUM OF LAW in Opposition re: 173 MOTION for Sanctions Objection to certain portions of Magistrate Court's June 26,2014 Memorandum and Order pursuant to 28 U.S.C. Section 636 and FRCP 72(a). . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 07/17/2014)
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                                                      Legal Document (Payment Possibly Required) 183 Filed: 7/16/2014, Entered: None Court Filing
                                                      FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014., LETTER MOTION for Extension of Time to Complete Discovery /And Demand Return of Produced Highly Confidential Data addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated July 16, 2014. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Savage, Denise) (Entered: 07/16/2014)
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                                                        Legal Document (Payment Possibly Required) 182 Filed: 7/15/2014, Entered: None
                                                        FIRST MEMORANDUM OF LAW in Opposition re: 170 MOTION for Sanctions PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S MEMORANDUM AND ORDER DATED JUNE 17, 2014, PURSUANT TO 28 U.S.C. SECTION 636(b)(1)(C) AND FRCP 72(A). . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Brown, Daniel) (Entered: 07/15/2014)
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                                                          Legal Document (Payment Possibly Required) 181 Filed: 7/14/2014, Entered: None Court Filing
                                                          MEMO ENDORSEMENT on re: 180 Letter filed by Eugene Mendlowits, Adorama, Inc., Mendel Mendlowits, Adorama Enterprises LLC. ENDORSEMENT: Defendants right to make a summary judgment motion is preserved. The Court will defer scheduling the motion until the Objections (Doc. 170 and 173) are decided. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/11/2014) (ajs) (Entered: 07/14/2014)
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                                                            Legal Document (Payment Possibly Required) 180 Filed: 7/11/2014, Entered: None Court Filing
                                                            THIRD LETTER addressed to Judge P. Kevin Castel from Matthew Sheppe dated July 11, 2014 re: Request for Pre-Motion Conference. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Sheppe, Matthew) (Entered: 07/11/2014)
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                                                              Legal Document (Payment Possibly Required) 179 Filed: 7/10/2014, Entered: None Court Filing
                                                              FIRST LETTER addressed to Judge P. Kevin Castel from Denise L. Savage dated July 10, 2014 re: Response to Defendants' Letter to the Court dated July 10, 2014 re SJ Motion Authorization. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Savage, Denise) (Entered: 07/10/2014)
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                                                                Legal Document (Payment Possibly Required) 178 Filed: 7/10/2014, Entered: None Court Filing
                                                                SECOND LETTER addressed to Judge P. Kevin Castel from Matthew Sheppe dated July 10, 2014 re: Request for Pre-Motion Conference. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 07/10/2014)
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                                                                  Legal Document (Payment Possibly Required) 177 Filed: 7/8/2014, Entered: None Court Filing
                                                                  MEMO ENDORSEMENT on re: 176 Letter, filed by Denise Lynn Savage, Josh Levine, Alexander Schmelkin, Alexander Interactive, Inc. ENDORSEMENT: In the exercise of discretion, I will allow the non-objecting party to respond to the objection within 14 days of the filing of the objection and the objecting party to reply 7 days thereafter. (Signed by Judge P. Kevin Castel on 7/7/2014) (tn) (Entered: 07/08/2014)
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                                                                    Legal Document (Payment Possibly Required) 176 Filed: 7/7/2014, Entered: None Court Filing
                                                                    LETTER addressed to Judge P. Kevin Castel from Denise L. Savage dated July 7, 2014 re: Defendants' Request to file opposition papers to Objections filed by Plaintiffs and Denise L. Savage, respectively, to Magistrate Court's Memoranda and Orders. Document filed by Alexander Interactive, Inc., Josh Levine, Denise Lynn Savage, Alexander Schmelkin.(Savage, Denise) (Entered: 07/07/2014)
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                                                                      Legal Document (Payment Possibly Required) 175 Filed: 7/7/2014, Entered: None Court Filing
                                                                      LETTER addressed to Judge P. Kevin Castel from Matthew Sheppe dated July 7, 2014 Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 07/07/2014)
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                                                                        Legal Document (Payment Possibly Required) 174 Filed: 7/3/2014, Entered: None
                                                                        AFFIDAVIT of Denise L. Savage in Support re: 173 MOTION for Sanctions Objection to certain portions of Magistrate Court's June 26,2014 Memorandum and Order pursuant to 28 U.S.C. Section 636 and FRCP 72(a).. Document filed by Denise Lynn Savage. (Savage, Denise) (Entered: 07/03/2014)
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                                                                          Blank 173 Filed: 7/3/2014, Entered: None
                                                                          MOTION for Sanctions Objection to certain portions of Magistrate Court's June 26,2014 Memorandum and Order pursuant to 28 U.S.C. Section 636 and FRCP 72(a). Document filed by Denise Lynn Savage.(Savage, Denise) (Entered: 07/03/2014)
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                                                                            Legal Document (Payment Possibly Required) 172 Filed: 7/3/2014, Entered: None
                                                                            FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #174) - MOTION for Sanctions Affidavit of Denise L. Savage filed pursuant to Magistrate Court's Memorandum and Order dated June 26, 2014. Document filed by Denise Lynn Savage.(Savage, Denise) Modified on 7/7/2014 (ldi). (Entered: 07/03/2014)
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                                                                              Legal Document (Payment Possibly Required) 171 Filed: 7/1/2014, Entered: None
                                                                              MEMORANDUM OF LAW in Support re: 170 MOTION for Sanctions PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S MEMORANDUM AND ORDER DATED JUNE 17, 2014, PURSUANT TO 28 U.S.C. SECTION 636(b)(1)(C) AND FRCP 72(A). . Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin. (Savage, Denise) (Entered: 07/01/2014)
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                                                                                Legal Document (Payment Possibly Required) 170 Filed: 7/1/2014, Entered: None
                                                                                MOTION for Sanctions PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S MEMORANDUM AND ORDER DATED JUNE 17, 2014, PURSUANT TO 28 U.S.C. SECTION 636(b)(1)(C) AND FRCP 72(A). Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Savage, Denise) (Entered: 07/01/2014)
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                                                                                  Legal Document (Payment Possibly Required) 169 Filed: 6/26/2014, Entered: None Court Filing
                                                                                  MEMORANDUM AND ORDER: It is unfortunate that in the heat of litigation counsel sometimes act contrary to their better judgment and the standards of professional responsibility. I expect that Ms. Savage will comply with her obligations as discussed above and that there will be no further need to address her conduct. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 6/26/2014) Copies Mailed By Chambers. (ama) (Entered: 06/26/2014)
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                                                                                    Legal Document (Payment Possibly Required) 168 Filed: 6/26/2014, Entered: None Court Filing
                                                                                    ORDER: Fact discovery having been completed, it is hereby ORDERED as follows:1. The parties shall exchange initial expert reports and related materials by July 31, 2014. 2. The parties shall exchange rebuttal expert reports by August 15, 2014. 3. All expert discovery shall be completed by August 29, 2014. SO ORDERED. ( Expert Discovery due by 8/29/2014.) (Signed by Magistrate Judge James C. Francis on 6/26/2014) Copies Mailed By Chambers. (ama) (Entered: 06/26/2014)
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                                                                                      Legal Document (Payment Possibly Required) 167 Filed: 6/17/2014, Entered: None Court Filing
                                                                                      MEMORANDUM AND ORDER: granting in part and denying in part 115 Motion for Sanctions; denying 121 Motion for Sanctions. The plaintiffs' motion for sanctions arising from discovery misconduct (Docket No. 115) is granted in part and denied in part. The defendants are precluded from offering evidence that the source code contained on the hard drive previously provided by the Plaintiffs does not represent the final work product produced by Alexander Interactive under the contract. The plaintiffs' motion for an order that the defendants waived work product privilege as to documents concerning Mr. Bouhatous, and for sanctions in connection with defendants' counsel's conduct (Docket No. 121) is denied. No costs or attorneys' fees are assessed to either party. (Signed by Magistrate Judge James C. Francis on 6/17/2014) Copies Mailed By Chambers (djc) (Entered: 06/17/2014)
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                                                                                        Legal Document (Payment Possibly Required) 166 Filed: 12/4/2013, Entered: None
                                                                                        INTERNET CITATION NOTE: Material from decision with Internet citation re: 75 Order on Motion to Compel. (fk) (Entered: 06/10/2014)
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                                                                                          Legal Document (Payment Possibly Required) 165 Filed: 1/6/2014, Entered: None
                                                                                          INTERNET CITATION NOTE: Material from decision with Internet citation re: 89 Order on Motion to Compel. (fk) (Entered: 06/10/2014)
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                                                                                            Legal Document (Payment Possibly Required) 164 Filed: 5/30/2014, Entered: None Court Filing
                                                                                            MEMO ENDORSEMENT on re: 162 Letter filed by Magento, Inc.. ENDORSEMENT: Application for fees denied. A request for sanctions under Rule 11 triggers the 21-day safe harbor period during which the allegedly frivolous filing may be withdrawn. See Jones v. Warren, 2013 WL 3439969, at *4 (EDNY 2013); Wi-Lan. Juc. v. LG Electronics, Inc., 2013 WL 2322483, at *14 (SDNY 2013). Those prerequisites were not met here. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/30/2014) (kgo) (Entered: 05/30/2014)
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                                                                                              Legal Document (Payment Possibly Required) 163 Filed: 5/20/2014, Entered: None Court Filing
                                                                                              LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated May 20, 2014 re: Response to Ebay Letter to the Court dated May 19, 2014. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 05/20/2014)
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                                                                                                Legal Document (Payment Possibly Required) 162 Filed: 5/19/2014, Entered: None Court Filing
                                                                                                LETTER addressed to Magistrate Judge James C. Francis IV from Patrick J. Sweeney dated May 19, 2014 re: Document No. 139. Document filed by Magento, Inc..(Sweeney, Patrick) (Entered: 05/19/2014)
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                                                                                                  Legal Document (Payment Possibly Required) 161 Filed: 5/13/2014, Entered: None Court Filing
                                                                                                  MEMO ENDORSEMENT on re: 152 Letter filed by Eugene Mendlowits, Adorama, Inc., Mendel Mendlowits, Adorama Enterprises LLC. ENDORSEMENT: From a review of the docket, it does not appear that discovery in this action has been concluded (see, e.g. Brown letter of April 9, 2014; DKT 128). Once discovery is closed, I trust that the parties' penchant for paper pushing will end. I don't intend to tolerate it. Application denied without prejudice to renewal once discovery has concluded. The parties should re-read paragraph 14 of my Order of October 17, 2012. (Signed by Judge P. Kevin Castel on 5/12/2014) (tn) (Entered: 05/13/2014)
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                                                                                                    Legal Document (Payment Possibly Required) 160 Filed: 5/13/2014, Entered: None
                                                                                                    REPLY to Response to Motion re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014. Plaintiffs' Sur-Sur-Reply. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Savage, Denise) (Entered: 05/13/2014)
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                                                                                                      Legal Document (Payment Possibly Required) 159 Filed: 5/13/2014, Entered: None Court Filing
                                                                                                      LETTER addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated May 9, 2014 re: Defendants' May 9, 2014 Sur-Reply Ltr (Re: Docket No. 151). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 05/13/2014)
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                                                                                                        Legal Document (Payment Possibly Required) 158 Filed: 5/13/2014, Entered: None Court Filing
                                                                                                        ORDER denying 153 Motion to Strike. Defendants' surreply will be considered only to the extent that it addresses new material in plaintiff's reply papers. This motion was entirely unnecessary. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 05/13/2014)
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                                                                                                          Legal Document (Payment Possibly Required) 157 Filed: 5/12/2014, Entered: None Court Filing
                                                                                                          LETTER addressed to Judge P. Kevin Castel from Kennwth P. Norwick dated May 12, 2014 re: summary judgment. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Norwick, Kenneth) (Entered: 05/12/2014)
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                                                                                                            Legal Document (Payment Possibly Required) 156 Filed: 5/12/2014, Entered: None Court Filing
                                                                                                            LETTER addressed to Judge P. Kevin Castel from Denise L. Savage dated May 12, 2014 re: Response to Defendants' Letter to the Court dated May 9, 2014 re SJ Motion Authorization. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 05/12/2014)
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                                                                                                              Legal Document (Payment Possibly Required) 155 Filed: 5/12/2014, Entered: None
                                                                                                              CERTIFICATE OF SERVICE of Notice of Motion, Memorandum In support of Motion and Exhibits 1-5 served on Adorama, Inc., Adorama Enterprises, LLC, Mendel Mendlowits, Eugene Mendlowits on may 12, 2014. Service was accepted by Matthew Sheppe, Esq., attorney for Defendants. Service was made by Mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 05/12/2014)
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                                                                                                                Legal Document (Payment Possibly Required) 154 Filed: 5/12/2014, Entered: None
                                                                                                                MEMORANDUM OF LAW in Support re: 153 MOTION to Strike Document No. 151 . . Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Savage, Denise) (Entered: 05/12/2014)
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                                                                                                                  Legal Document (Payment Possibly Required) 153 Filed: 5/12/2014, Entered: None
                                                                                                                  MOTION to Strike Document No. 151 . Document filed by Alexander Interactive, Inc.. Responses due by 5/27/2014(Savage, Denise) (Entered: 05/12/2014)
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                                                                                                                    Legal Document (Payment Possibly Required) 152 Filed: 5/9/2014, Entered: None Court Filing
                                                                                                                    LETTER addressed to Judge P. Kevin Castel from Matthew Sheppe dated May 9, 2014 re: Pre-Motion Conference. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Brown, Daniel) (Entered: 05/09/2014)
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                                                                                                                      Legal Document (Payment Possibly Required) 151 Filed: 5/9/2014, Entered: None
                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014., 121 MOTION for Sanctions --Objections Due April 15, 2014., 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014. . Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Sheppe, Matthew) Modified on 5/13/2014 (db). (Entered: 05/09/2014)
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                                                                                                                        Legal Document (Payment Possibly Required) 150 Filed: 5/9/2014, Entered: None Court Filing
                                                                                                                        LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated May 9, 2014 re: Response to Defendants' Letter to the Court dated May 8, 2014. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 05/09/2014)
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                                                                                                                          Legal Document (Payment Possibly Required) 149 Filed: 5/8/2014, Entered: None Court Filing
                                                                                                                          LETTER addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated May 8, 2014 re: Response to Letter on Counsel's Conduct. Document filed by Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2, # 3 Exhibit B-D)(Sheppe, Matthew) (Entered: 05/08/2014)
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                                                                                                                            Legal Document (Payment Possibly Required) 148 Filed: 5/6/2014, Entered: None
                                                                                                                            REPLY MEMORANDUM OF LAW in Support re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014. . Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3, # 5 Exhibit 3, # 6 Exhibit 3, # 7 Exhibit 3, # 8 Exhibit 3, # 9 Exhibit 3, # 10 Exhibit 3, # 11 Exhibit 4)(Savage, Denise) (Entered: 05/06/2014)
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                                                                                                                              Legal Document (Payment Possibly Required) 147 Filed: 5/6/2014, Entered: None Court Filing
                                                                                                                              LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated May 6, 2014 re: Witness DVDs. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 05/06/2014)
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                                                                                                                                Legal Document (Payment Possibly Required) 146 Filed: 5/5/2014, Entered: None Court Filing
                                                                                                                                ORDER withdrawing 124 Motion for Discovery per plaintiffs' representations in Docket no. 143. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 05/05/2014)
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                                                                                                                                  Legal Document (Payment Possibly Required) 145 Filed: 5/3/2014, Entered: None
                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014. Cover Sheet, Table of Contents and Authorities. Document filed by Alexander Interactive, Inc. (Savage, Denise) Modified on 5/5/2014 (db). (Entered: 05/03/2014)
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                                                                                                                                    Legal Document (Payment Possibly Required) 144 Filed: 5/3/2014, Entered: None
                                                                                                                                    CERTIFICATE OF SERVICE of Replies to Objections served on Matthew Sheppe, Daniel Brown, Patrick Sweeney on May 2, 2014. Service was made by mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 05/03/2014)
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                                                                                                                                      Legal Document (Payment Possibly Required) 143 Filed: 5/2/2014, Entered: None
                                                                                                                                      REPLY MEMORANDUM OF LAW in Support re: 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014. . Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 05/02/2014)
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                                                                                                                                        Legal Document (Payment Possibly Required) 142 Filed: 5/2/2014, Entered: None
                                                                                                                                        REPLY MEMORANDUM OF LAW in Support re: 121 MOTION for Sanctions --Objections Due April 15, 2014. . Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1 and 2)(Savage, Denise) (Entered: 05/02/2014)
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                                                                                                                                          Legal Document (Payment Possibly Required) 141 Filed: 5/2/2014, Entered: None
                                                                                                                                          FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 121 MOTION for Sanctions --Objections Due April 15, 2014. . Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3, # 5 Exhibit 3, # 6 Exhibit 3, # 7 Exhibit 3, # 8 Exhibit 3, # 9 Exhibit 3, # 10 Exhibit 3, # 11 Exhibit 4)(Savage, Denise) Modified on 5/5/2014 (db). (Entered: 05/02/2014)
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                                                                                                                                            Legal Document (Payment Possibly Required) 140 Filed: 4/29/2014, Entered: None Court Filing
                                                                                                                                            LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated April 29, 2014 re: Reply to D. Savage Response Letter (Doc. No. 137). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 04/29/2014)
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                                                                                                                                              Legal Document (Payment Possibly Required) 139 Filed: 4/28/2014, Entered: None
                                                                                                                                              MEMORANDUM OF LAW in Opposition re: 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014. . Document filed by Magento, Inc.. (Sweeney, Patrick) (Entered: 04/28/2014)
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                                                                                                                                                Legal Document (Payment Possibly Required) 138 Filed: 4/28/2014, Entered: None
                                                                                                                                                DECLARATION of Patrick J. Sweeney in Opposition re: 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014.. Document filed by Magento, Inc.. (Sweeney, Patrick) (Entered: 04/28/2014)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 137 Filed: 4/27/2014, Entered: None Court Filing
                                                                                                                                                  LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated April 25, 2014 re: Response to Letter filed by Defendants on 4/25/2104. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 04/27/2014)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 136 Filed: 4/25/2014, Entered: None
                                                                                                                                                    DECLARATION of Glen Holman in Opposition re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits A-C)(Brown, Daniel) (Entered: 04/25/2014)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 135 Filed: 4/25/2014, Entered: None
                                                                                                                                                      DECLARATION of Daniel J. Brown in Opposition re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014., 121 MOTION for Sanctions --Objections Due April 15, 2014., 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits A-D, # 2 Exhibit Exhibits E-Q, # 3 Exhibit Exhibits R-AA)(Brown, Daniel) (Entered: 04/25/2014)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 134 Filed: 4/25/2014, Entered: None
                                                                                                                                                        DECLARATION of Benzion Mandelbaum in Opposition re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits A-C)(Brown, Daniel) (Entered: 04/25/2014)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 133 Filed: 4/25/2014, Entered: None
                                                                                                                                                          MEMORANDUM OF LAW in Opposition re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014., 121 MOTION for Sanctions --Objections Due April 15, 2014., 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Brown, Daniel) (Entered: 04/25/2014)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 132 Filed: 4/25/2014, Entered: None Court Filing
                                                                                                                                                            LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated April 25, 2014 re: Plaintiffs' Counsel's Conduct. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits A-C)(Brown, Daniel) (Entered: 04/25/2014)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 131 Filed: 4/24/2014, Entered: None Court Filing
                                                                                                                                                              MEMO ENDORSEMENT on re: 130 Letter, filed by Eugene Mendlowits, Adorama, Inc., Mendel Mendlowits, Adorama Enterprises LLC. ENDORSEMENT: Application granted. In light of the fact that defendants are responding to three motions, they are entitled to file a brief of this size, though I doubt it is necessary. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/24/2014) (mro) (Entered: 04/24/2014)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 130 Filed: 4/22/2014, Entered: None Court Filing
                                                                                                                                                                FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated April 22, 2014 re: Request to submit a memorandum of law of approximately sixty pages in connection with Defendants' opposition to Plaintiff's three discovery motions (Docs. 115, 121, and 124). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 04/22/2014)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 129 Filed: 4/11/2014, Entered: None Court Filing
                                                                                                                                                                  MEMO ENDORSEMENT on re: 128 Letter, filed by Adorama, Inc. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/11/2014) (ja) (Entered: 04/14/2014)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 128 Filed: 4/9/2014, Entered: None Court Filing
                                                                                                                                                                    LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated April 9, 2014 re: Joint Request for Extension of Briefing Deadline with respect to Plaintiffs' Discovery Motions. Document filed by Adorama, Inc..(Brown, Daniel) (Entered: 04/09/2014)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 127 Filed: 3/31/2014, Entered: None
                                                                                                                                                                      CERTIFICATE OF SERVICE of Motion and Memorandum with Exhibits re Waiver of Work Product Privilege and for other Relief served on Adorama, Inc., Adorama Enterprises, LLC, Mendel Mendlowits, Eugene Mendlowits on 3/27/14. Service was made by mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 03/31/2014)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 126 Filed: 3/31/2014, Entered: None
                                                                                                                                                                        CERTIFICATE OF SERVICE of MOTION TO COMPEL DISCOVERY AND AWARD SANCTIONS served on Adorama, Inc., Adorama Enterprises, LLC, Mendel Mendlowits, Eugene Mendlowits, MAGENTO, INC. on 3/31/2014. Service was made by Mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 03/31/2014)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 125 Filed: 3/31/2014, Entered: None
                                                                                                                                                                          MEMORANDUM OF LAW in Support re: 124 MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014.. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 EXHIBITS Part 1, # 2 Exhibits Part 2, # 3 Exhibits Part 3)(Savage, Denise) (Entered: 03/31/2014)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 124 Filed: 3/31/2014, Entered: None
                                                                                                                                                                            MOTION for Discovery -OBJECTIONS DUE APRIL 15, 2014. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 03/31/2014)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 123 Filed: 3/27/2014, Entered: None
                                                                                                                                                                              DECLARATION of Denise L. Savage in Support re: 121 MOTION for Sanctions --Objections Due April 15, 2014.. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 03/27/2014)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 122 Filed: 3/27/2014, Entered: None
                                                                                                                                                                                MEMORANDUM OF LAW in Support re: 121 MOTION for Sanctions --Objections Due April 15, 2014. Seeking order Finding (I) Defendants' Waived Work Product Privilege and (II) Violated November 20, 2014 Order entered by Hon. P. Kevin Castel and FRCP 45, and for other Relief. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Part 1, # 2 Part 2, # 3 Part 3, # 4 Part 4, # 5 Part 5)(Savage, Denise) (Entered: 03/27/2014)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 121 Filed: 3/27/2014, Entered: None
                                                                                                                                                                                  MOTION for Sanctions --Objections Due April 15, 2014. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 03/27/2014)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 120 Filed: 3/25/2014, Entered: None Court Filing
                                                                                                                                                                                    LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated March 25, 2014 re: Request for Oral Argument re Plaintiffs' Motion for Sanctions. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 03/25/2014)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 119 Filed: 3/25/2014, Entered: None
                                                                                                                                                                                      CERTIFICATE OF SERVICE of Notice of Motion, Memorandum in Suppport of Motion for Sanctions and Exhibits A Through Z served on Adorama, Inc., Adorama Enterprises, LLC, Mendel Mendlowits, Eugene Mendlowits on March 24, 2014. Service was made by mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 03/25/2014)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 118 Filed: 3/25/2014, Entered: None
                                                                                                                                                                                        CERTIFICATE OF SERVICE of Notice of Motion, Memorandum in Suppport of Motion for Sanctions and Exhibits A Through Z served on Adorama, Inc., Adorama Enterprises, LLC, Mendel Mendlowits, Eugene Mendlowits on March 24, 2014. Service was made by mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 03/25/2014)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 117 Filed: 3/24/2014, Entered: None
                                                                                                                                                                                          MEMORANDUM OF LAW in Support re: 115 MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014.. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 TABLE OF CONTENTS/AUTHORITIES/EXHIBITS, # 2 PART 1, # 3 PART 2, # 4 PART 3, # 5 PART 4, # 6 PART 5, # 7 PART 6, # 8 PART 7, # 9 PART 8, # 10 PART 9, # 11 PART 10, # 12 PART 11, # 13 PART 12, # 14 PART 13, # 15 PART 14, # 16 PART 15, # 17 PART 16, # 18 PART 17, # 19 PART 18, # 20 PART 19, # 21 PART 20, # 22 PART 21, # 23 PART 22, # 24 PART 23, # 25 PART 24, # 26 PART 25)(Savage, Denise) (Entered: 03/24/2014)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 116 Filed: 3/24/2014, Entered: None Court Filing
                                                                                                                                                                                            ORDER granting 110 Letter Motion for Extension of Time to Complete Discovery. The discovery deadline is extended to April 25, 2014, solely for the purpose of completing the forensic examination of the plaintiff's computer systems and servers. Defendant's expert who is conducting the examination shall sign the Confidentiality Order in this case and shall treat data unrelated to the Adorama project as "Highly Confidential." No further protective order is warranted, particularly as AI and Adorama are not competitors. Defendant's expert may utilize the protocol set forth in the Ragona Declaration (Docket no. 114). Plaintiff's separate application to submit a memorandum of law of up to 35 pages in connection with an anticipated spoliation motion is granted, with the caveat that, pursuant to Rule 37, the costs of the motion, including attorneys' fees, will be assessed against any party whose position is not substantially justified. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 03/24/2014)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 115 Filed: 3/24/2014, Entered: None
                                                                                                                                                                                              MOTION for Sanctions WITH OBJECTIONS DUE APRIL 15, 2014. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 03/24/2014)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 114 Filed: 3/21/2014, Entered: None Court Filing
                                                                                                                                                                                                DECLARATION of Simon M. Ragona III (Re: Doc #113) in Opposition re: 110 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated March 13, 2014.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 03/21/2014)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 113 Filed: 3/21/2014, Entered: None Court Filing
                                                                                                                                                                                                  LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated March 21, 2014 re: 110 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated March 13, 2014. (in response to Doc#111 Ps' Motion for a Protective Order). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 03/21/2014)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 112 Filed: 3/21/2014, Entered: None Court Filing
                                                                                                                                                                                                    LETTER addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated March 21, 2014 re: Request to File 35 page Memorandum of Law in Support of discovery Sanctions Motion. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 03/21/2014)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 111 Filed: 3/14/2014, Entered: None Court Filing
                                                                                                                                                                                                      REPLY MEMORANDUM OF LAW in Opposition re: 110 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated March 13, 2014. and motion to sanction Defendants for destruction of Documents and for a Protective Order. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 PART 2, # 2 PART 3, # 3 PART 4, # 4 PART 5, # 5 PART 6)(Savage, Denise) (Entered: 03/14/2014)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 110 Filed: 3/13/2014, Entered: None Court Filing
                                                                                                                                                                                                        THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated March 13, 2014. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit A-N)(Vardi, Eric) (Entered: 03/13/2014)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 109 Filed: 2/28/2014, Entered: None
                                                                                                                                                                                                          AMENDED ANSWER to 95 Amended Counterclaim,. Document filed by Alexander Schmelkin. (Norwick, Kenneth) (Entered: 02/28/2014)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 108 Filed: 2/25/2014, Entered: None Court Filing
                                                                                                                                                                                                            MEMO ENDORSEMENT on re: 106 Letter filed by Josh Levine, Alexander Schmelkin, Alexander Interactive, Inc. ENDORSEMENT: Plaintiffs shall file any reply to the Amended Counterclaims by March 3, 2014. Defendants may move thereafter to strike any defenses to the counter claims. (Signed by Magistrate Judge James C. Francis on 2/25/2014) (djc) (Entered: 02/25/2014)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 107 Filed: 2/24/2014, Entered: None Court Filing
                                                                                                                                                                                                              LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated February 24, 2014 re: 105 LETTER MOTION for Extension of Time to File addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated February 20, 2014. (in response to corrected Doc#106). Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 02/24/2014)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 106 Filed: 2/21/2014, Entered: None Court Filing
                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated 2/20/14 re: amend reply. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Norwick, Kenneth) (Entered: 02/21/2014)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 105 Filed: 2/20/2014, Entered: None Court Filing
                                                                                                                                                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated February 20, 2014. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(Norwick, Kenneth) Modified on 2/21/2014 (db). (Entered: 02/20/2014)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 104 Filed: 2/12/2014, Entered: None Court Filing
                                                                                                                                                                                                                    ORDER granting 100 Letter Motion for Extension of Time to Complete Discovery. The discovery deadline is extended to March 14, 2014, solely for the purposes of (1) defendants deposing Mr. Schmelkin or Mr. Broder and completing discovery of AI's external drive and (2) plaintiffs-counterclaim defendants completing the supplemental deposition of Mr. Mendlowits. AI shall designate a representative to communicate with defendants' forensic expert regarding AI's computer systems and servers for a maximum of 2 hours prior to Mr. Broder's deposition. Plaintiffs' implicit application for reconsideration of my January 6, 2014 order is denied, as is plaintiffs' application for sanctions. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 02/12/2014)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 103 Filed: 2/11/2014, Entered: None Court Filing
                                                                                                                                                                                                                      LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated February 11, 2014 re: 100 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated February 4, 2014.. Document filed by Adorama, Inc.. (Attachments: # 1 Exhibit Email from M. Sheppe to D. Savage dated 2/10/14, # 2 Exhibit M. Sheppe Letter Application to the Court dated 11/27/13, # 3 Exhibit Email from D. Brown to D. Savage dated 1/29/14)(Brown, Daniel) (Entered: 02/11/2014)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 102 Filed: 2/7/2014, Entered: None Court Filing
                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from Daniel J. Brown dated 2/7/2014 re: We respectfully request that the Court adjourn the upcoming conference to March 18, 2014 at 10:15 a.m. ENDORSEMENT: Conference Adjourned From: 2-19-14 To: March 18, 2014 at 10:15 a.m., ( Status Conference set for 3/18/2014 at 10:15 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/7/2014) (lmb) (Entered: 02/07/2014)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 101 Filed: 2/7/2014, Entered: None Court Filing
                                                                                                                                                                                                                          LETTER RESPONSE to Motion addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated February 6, 2014 re: 100 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated February 4, 2014.. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Savage, Denise) (Entered: 02/07/2014)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 100 Filed: 2/4/2014, Entered: None Court Filing
                                                                                                                                                                                                                            FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Daniel J. Brown dated February 4, 2014. Document filed by Adorama, Inc.. (Attachments: # 1 Exhibit Email from D. Savage to D. Brown dated 1/7/14, # 2 Exhibit Email from D. Savage to D. Brown dated 1/17/14, # 3 Exhibit Email from M. Sheppe to D. Savage dated 1/21/14, # 4 Exhibit Email from D. Savage to D. Brown dated 1/30/14)(Brown, Daniel) (Entered: 02/04/2014)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 99 Filed: 1/31/2014, Entered: None Court Filing
                                                                                                                                                                                                                              LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated January 29, 2014 re: 92 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated January 27, 2014.. Document filed by Alexander Interactive, Inc.. (Norwick, Kenneth) (Entered: 01/31/2014)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 98 Filed: 1/30/2014, Entered: None Court Filing
                                                                                                                                                                                                                                ORDER granting 92 Letter Motion. Plaintiffs may take a supplemental deposition of Eugene Mendlowits of no more than three hours addressed solely to issues related to defendants' demand for specific performance. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 01/30/2014)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 97 Filed: 1/29/2014, Entered: None Court Filing
                                                                                                                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Support of Motion re: 92 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated January 27, 2014.. Document filed by Alexander Interactive, Inc.. (Norwick, Kenneth) Modified on 1/30/2014 (db). (Entered: 01/29/2014)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 96 Filed: 1/29/2014, Entered: None Court Filing
                                                                                                                                                                                                                                    LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated January 29, 2014 re: 92 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated January 27, 2014.. Document filed by Adorama, Inc.. (Attachments: # 1 Exhibit Deposition Excerpt of Alex Schmelkin, # 2 Exhibit Deposition Excerpt of Joshua Levine, # 3 Exhibit Email from D. Savage to M. Sheppe dated 11/1/13, # 4 Exhibit Deposition Excerpt of Tim Broder, # 5 Exhibit Deposition Excerpt of Glen Holman)(Brown, Daniel) (Entered: 01/29/2014)
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                                                                                                                                                                                                                                      Blank 95 Filed: 1/29/2014, Entered: None
                                                                                                                                                                                                                                      FIRST AMENDED COUNTERCLAIM amending 15 Amended Complaint,, against Alexander Interactive, Inc..Document filed by Adorama, Inc.. Related document: 15 Amended Complaint,, filed by Josh Levine, Alexander Schmelkin, Alexander Interactive, Inc..(Brown, Daniel) (Entered: 01/29/2014)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 94 Filed: 1/27/2014, Entered: None
                                                                                                                                                                                                                                        NOTICE OF CHANGE OF ADDRESS by Daniel J. Brown on behalf of All Defendants. New Address: Reiss Sheppe LLP, 425 Madison Avenue, 19th Floor, New York, NY, USA 10017, 212-753-2424. (Brown, Daniel) (Entered: 01/27/2014)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 93 Filed: 1/27/2014, Entered: None
                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Daniel J. Brown on behalf of Adorama, Inc.. (Brown, Daniel) (Entered: 01/27/2014)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 92 Filed: 1/27/2014, Entered: None Court Filing
                                                                                                                                                                                                                                            LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated January 27, 2014. Document filed by Alexander Interactive, Inc..(Norwick, Kenneth) (Entered: 01/27/2014)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 91 Filed: 1/24/2014, Entered: None Court Filing
                                                                                                                                                                                                                                              ORDER: The conference originally scheduled for February 14, 2014 is being moved to February 19, 2014 at 11:30 a.m., ( Status Conference set for 2/19/2014 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/23/2014) (lmb) (Entered: 01/24/2014)
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                                                                                                                                                                                                                                                Blank 90 Filed: 1/13/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                MEMORANDUM AND ORDER granting 62 Motion to Amend/Correct: For the foregoing reasons, the defendants' motion to amend its counterclaims (Docket no. 62) is granted. (Signed by Magistrate Judge James C. Francis on 1/13/2014) Copies Mailed By Chambers. (tn) (Entered: 01/13/2014)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 89 Filed: 1/6/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                  MEMORANDUM AND ORDER granting in part and denying in part 70 Motion to Compel; denying 79 Letter Motion for Conference: For the foregoing reasons, the defendants' motion to compel (Docket no. 70) is granted in part and denied in part. To the extent they have not already done so, the plaintiffs shall produce all communications in their possession between Alexander Interactive and Amicon regarding the Adorama project, and identify any agreements between the two. The plaintiffs' motion to compel (Docket no. 79) is denied as to the three outstanding requests for production. Fact discovery will be extended to February 7, 2014, only for discovery related to the contents and creation of external hard drive recently produced by the plaintiffs. Expert reports will now be due on February 28, 2014. The deadline to take the depositions of Mr. Villano and Mr. Singson will be extended until January 15, 2014. (Signed by Magistrate Judge James C. Francis on 1/6/2014) Copies Mailed By Chambers. (tn) (Entered: 01/06/2014)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 88 Filed: 12/20/2013, Entered: None
                                                                                                                                                                                                                                                    DECLARATION of Daniel Brown in Support re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exs. A-M)(Vardi, Eric) (Entered: 12/20/2013)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 87 Filed: 12/20/2013, Entered: None
                                                                                                                                                                                                                                                      FIRST REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 12/20/2013)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 86 Filed: 12/13/2013, Entered: None
                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Opposition re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Alexander Interactive, Inc.. (Norwick, Kenneth) (Entered: 12/13/2013)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 85 Filed: 12/13/2013, Entered: None
                                                                                                                                                                                                                                                          DECLARATION of Alex Schmelkin in Opposition re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Alexander Interactive, Inc.. (Norwick, Kenneth) (Entered: 12/13/2013)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 84 Filed: 12/13/2013, Entered: None
                                                                                                                                                                                                                                                            AFFIRMATION of Kenneth P. Norwick in Opposition re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit)(Norwick, Kenneth) (Entered: 12/13/2013)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 83 Filed: 12/11/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                              LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated December 11, 2013 re: 79 LETTER MOTION for Conference regarding Discovery Issues seeking expedited review addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated December 5, 2013.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits 1-9)(Vardi, Eric) (Entered: 12/11/2013)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 82 Filed: 12/11/2013, Entered: None
                                                                                                                                                                                                                                                                DECLARATION of Daniel J. Brown in Support re: 70 FIRST MOTION to Compel Production.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 12/11/2013)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 81 Filed: 12/11/2013, Entered: None
                                                                                                                                                                                                                                                                  FIRST REPLY MEMORANDUM OF LAW in Support re: 70 FIRST MOTION to Compel Production.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 12/11/2013)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 80 Filed: 12/6/2013, Entered: None
                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Opposition re: 70 FIRST MOTION to Compel Production.. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Table of Contents-Cases & Authorities-Exhibits, # 2 Exhibit A, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3, # 6 A-3, # 7 A-3, # 8 A-3, # 9 A-3, # 10 A-3, # 11 A-3, # 12 A-3, # 13 A-3, # 14 A-3, # 15 Exhibit A-4, # 16 A-4, # 17 A-4, # 18 A-4, # 19 A-4, # 20 A-4, # 21 Exhibit B, # 22 Exhibit C)(Savage, Denise) (Entered: 12/06/2013)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 79 Filed: 12/5/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                      LETTER MOTION for Conference regarding Discovery Issues seeking expedited review addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated December 5, 2013. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Savage, Denise) (Entered: 12/05/2013)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 78 Filed: 12/5/2013, Entered: None
                                                                                                                                                                                                                                                                        FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT (Refiled as 79 Letter Motion)- MOTION to Comply. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit A-F-Pt. 1, # 2 Exhibit A-F-Pt. 2, # 3 Exhibit A-F-Pt. 3, # 4 Exhibit A-F-Pt. 4, # 5 Exhibit A-F-Pt. 5, # 6 Exhibit A-F-Pt. 6, # 7 Exhibit A-F-Pt. 7, # 8 Exhibit A-F-Pt. 8)(Savage, Denise) Modified on 12/6/2013 (db). (Entered: 12/05/2013)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 77 Filed: 12/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                          ORDER granting 76 Letter Motion for Extension of Time to File Response/Reply re 70 FIRST MOTION to Compel Production. Application granted. SO ORDERED. Responses due by 12/6/2013. (Signed by Magistrate Judge James C. Francis on 12/4/2013) (ft) (Entered: 12/04/2013)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 76 Filed: 12/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                            FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 70 FIRST MOTION to Compel Production., 71 Memorandum of Law in Support of Motion addressed to Magistrate Judge James C. Francis IV from Denise L. Savage dated December 3, 2013. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 12/04/2013)
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                                                                                                                                                                                                                                                                              Blank 75 Filed: 12/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                              MEMORANDUM AND ORDER granting in part and denying in part 46 Motion to Compel; granting in part and denying in part 48 Motion to Compel: For the foregoing reasons, the plaintiffs' motion to compel (Docket nos. 46 and 48) is granted in part and denied in part. The defendants are directed, as soon as practicable, to make available for review by a third party retained by the plaintiffs the Adorama source code, as well as the commit log for Adorama's.Net files. This review will take place at Adorama's headquarters. In addition, the parties are directed to meet and confer, in person, within one week of the date of this order, to discuss the duration of the depositions of Mr. Braun and Mr. Roth. Magento is directed to produce to the plaintiffs, within one week of the date of this order, performance reviews of Mr. Korotun to the extent that they relate to work performed under the Magento Agreement, and to identify the relevant version of the Zend Framework. (Signed by Magistrate Judge James C. Francis on 12/4/2013) Copies Mailed By Chambers. (tn) (Entered: 12/04/2013)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 74 Filed: 12/3/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                ORDER granting 73 Letter Motion for Extension of Time to Answer re 62 MOTION to Amend/Correct Counterclaims. Application granted. In addition, defendants shall submit any reply by December 20, 2013. So ordered. (Signed by Magistrate Judge James C. Francis on 12/3/2013) (rjm) (Entered: 12/04/2013)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 73 Filed: 12/2/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                  LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge James C. Francis IV from Kenneth P. Norwick dated 12/2/2013. Document filed by Alexander Interactive, Inc..(Norwick, Kenneth) (Entered: 12/02/2013)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 72 Filed: 11/20/2013, Entered: None
                                                                                                                                                                                                                                                                                    DECLARATION in Support re: 70 FIRST MOTION to Compel Production.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (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-1, # 10 Exhibit I-2)(Vardi, Eric) (Entered: 11/20/2013)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 71 Filed: 11/20/2013, Entered: None
                                                                                                                                                                                                                                                                                      FIRST MEMORANDUM OF LAW in Support re: 70 FIRST MOTION to Compel Production.. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 11/20/2013)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 70 Filed: 11/20/2013, Entered: None
                                                                                                                                                                                                                                                                                        FIRST MOTION to Compel Production. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 11/20/2013)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 69 Filed: 11/18/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge P. Kevin Castel from Denise L. Savage dated 11/15/2013 re: Request to adjourn the 11/19/2013 status conference. ENDORSEMENT: Conference adjourned from 11/19/2013 to 2/14/2014 at 10:30 a.m. ( Status Conference reset for 2/14/2014 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/15/2013) (cd) (Entered: 11/19/2013)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 68 Filed: 11/18/2013, Entered: None
                                                                                                                                                                                                                                                                                            DECLARATION of Glen Holman in Support re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Adorama, Inc.. (Sheppe, Matthew) (Entered: 11/18/2013)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 67 Filed: 11/18/2013, Entered: None
                                                                                                                                                                                                                                                                                              DECLARATION of Matthew Sheppe in Support re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Adorama, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sheppe, Matthew) (Entered: 11/18/2013)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 66 Filed: 11/18/2013, Entered: None
                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: 62 MOTION to Amend/Correct Counterclaims.. Document filed by Adorama, Inc.. (Sheppe, Matthew) (Entered: 11/18/2013)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 65 Filed: 11/15/2013, Entered: None
                                                                                                                                                                                                                                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 62 MOTION to Amend/Correct Counterclaims. Holman Declaration. Document filed by Adorama, Inc..(Sheppe, Matthew) Modified on 11/18/2013 (db). (Entered: 11/15/2013)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 64 Filed: 11/15/2013, Entered: None
                                                                                                                                                                                                                                                                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 62 MOTION to Amend/Correct Counterclaims. Sheppe Declaration. Document filed by Adorama, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sheppe, Matthew) Modified on 11/18/2013 (db). (Entered: 11/15/2013)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 63 Filed: 11/15/2013, Entered: None
                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 62 MOTION to Amend/Correct Counterclaims. Memo of Law in Support. Document filed by Adorama, Inc..(Sheppe, Matthew) Modified on 11/18/2013 (db). (Entered: 11/15/2013)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 62 Filed: 11/15/2013, Entered: None
                                                                                                                                                                                                                                                                                                        MOTION to Amend/Correct Counterclaims. Document filed by Adorama, Inc.. Return Date set for 12/16/2013 at 10:00 AM.(Sheppe, Matthew) (Entered: 11/15/2013)
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 61 Filed: 11/14/2013, Entered: None
                                                                                                                                                                                                                                                                                                          FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Counterclaims. Document filed by Adorama, Inc.. Return Date set for 12/16/2013 at 10:00 AM. (Attachments: # 1 Affidavit Matthew Sheppe, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit Glen Holman, # 7 Memo of Law)(Sheppe, Matthew) Modified on 11/15/2013 (db). (Entered: 11/14/2013)
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 60 Filed: 11/5/2013, Entered: None
                                                                                                                                                                                                                                                                                                            REPLY MEMORANDUM OF LAW in Support Motion to Compel-with Appended Table of Contents for Reply and Motion papers. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Table of Contents for Reply, # 2 Table of Contents for Motion)(Savage, Denise) (Entered: 11/05/2013)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 59 Filed: 11/4/2013, Entered: None
                                                                                                                                                                                                                                                                                                              REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion to Compel Production of Documents. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12-pt1, # 4 Exhibit 12 pt2, # 5 Exhibit 12 pt 3, # 6 Exhibit 12 pt4, # 7 Exhibit 13)(Savage, Denise) (Entered: 11/04/2013)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 58 Filed: 10/31/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                ORDER granting 57 Letter Motion for Extension of Time to Complete Discovery. Discovery due by 11/29/2013. This extension is limited to the depositions identified in the letter motion but is without prejudice to any further extension that may be granted in connection with plaintiff's pendinig motion to compel discovery. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/31/2013)
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 57 Filed: 10/31/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                  LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Matthew Sheppe dated 10-31-2013. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits.(Vardi, Eric) (Entered: 10/31/2013)
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 56 Filed: 10/29/2013, Entered: None
                                                                                                                                                                                                                                                                                                                    AMENDED MEMORANDUM OF LAW in Opposition to 46 & 48. Document filed by Magento, Inc.. (Sweeney, Patrick) (Entered: 10/29/2013)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 55 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                      DECLARATION of Patrick J. Sweeney in Opposition. Document filed by Magento, Inc.. (Attachments: # 1 Exhibit 1-7)(Sweeney, Patrick) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 54 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Opposition to 46 & 48. Document filed by Magento, Inc.. (Sweeney, Patrick) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 53 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Patrick Joseph Sweeney on behalf of Magento, Inc.. (Sweeney, Patrick) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 52 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                            DECLARATION of Matthew Sheppe in Opposition. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(Vardi, Eric) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 51 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                              DECLARATION of Glen Holman in Opposition. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Attachments: # 1 Exhibit Exhibits A&B)(Vardi, Eric) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 50 Filed: 10/28/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                FIRST MEMORANDUM OF LAW in Opposition to Motion to Compel. Document filed by Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Vardi, Eric) (Entered: 10/28/2013)
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 49 Filed: 10/24/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                  NOTICE of WITHDRAWAL OF MOTION TO COMPEL, WITHOUT PREJUDICE, AS AGAINST SAMSUNG ELECTRONICS ONLY re: 48 MOTION to Compel CORRECTED-RELATED TO DOCUMENT 46 AND 46., 47 Memorandum of Law in Support of Motion,,,. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 10/24/2013)
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 48 Filed: 10/17/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                    MOTION to Compel CORRECTED-RELATED TO DOCUMENT 46 AND 46. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 10/17/2013)
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 47 Filed: 10/17/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                      MEMORANDUM OF LAW in Support PLAINTIFFS' MOTION (I) TO COMPEL PRODUCTION OF DOCUMENTS (II) TO RE-PRODUCE WITNESSES AND EXTEND DEPOSITION DURATIONS (III) FOR IN CAMERA INSPECTION OF ALLEGED PRIVILEGED DOCUMENTS (IV) TO EXTEND FACT DISCOVERY DEADLINE AND (V) FOR SANCTIONS UNDER FRCP 37(a)(5)(A). Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-Part 1, # 3 Exhibit 2-Part 2, # 4 Exhibit 3-Part 1, # 5 Exhibit 3-Part 2, # 6 Exhibit 3-Part 3, # 7 Exhibit 3-Part 4, # 8 Exhibit 4, # 9 Exhibit 5-Part 1, # 10 Exhibit 5-Part 2, # 11 Exhibit 6, # 12 Exhibit 7-Part 1, # 13 Exhibit 7-Part 2, # 14 Exhibit 8-Part 1, # 15 Exhibit 8-Part 2, # 16 Exhibit 9, # 17 Certificate of Service)(Savage, Denise) (Entered: 10/17/2013)
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                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 46 Filed: 10/17/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                        MOTION to Compel (I) PRODUCTION OF DOCUMENTS (II) TO RE-PRODUCE WITNESSES AND EXTEND DEPOSITION DURATIONS (III) FOR IN CAMERA INSPECTION OF ALLEGED PRIVILEGED DOCUMENTS (IV) TO EXTEND FACT DISCOVERY DEADLINE AND (V) FOR SANCTIONS UNDER FRCP 37(a)(5)(A). Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 10/17/2013)
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 45 Filed: 9/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge P. Kevin Castel from Daniel J. Brown dated 9/23/2013 re: The parties write jointly pursuant to Section 1(C) of your Individual Practices to request an adjournment of the status conference, which is currently scheduled to proceed on September 5, 2013. There have been no prior requests to adjourn the status conference...Given the foregoing, the parties respectfully request that a status conference be adjourned to a date after fact discovery is completed. ENDORSEMENT: Conference adjourned from September 5 to November 19, 2013 at 10:30 a.m. (Signed by Judge P. Kevin Castel on 9/4/2013) (mt) (Entered: 09/04/2013)
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                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 44 Filed: 8/5/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                            ORDER. It is hereby ORDERED that the case management schedule is modified as follows: 1. All fact discovery shall be completed by October 31, 2013. 2. The parties shall exchange initial expert reports by December 2, 2013. 3. The parties shall exchange rebuttal expert reports by January 15, 2014. 4. All expert discovery shall be completed by February 28, 2014. (Expert Discovery due by 2/28/2014. Fact Discovery due by 10/31/2013.) (Signed by Magistrate Judge James C. Francis on 8/5/2013) Copies Mailed By Chambers. (rjm) (Entered: 08/05/2013)
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 43 Filed: 6/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                              MEMORANDUM AND ORDER: Plaintiffs' counsel seek permission to file a motion to redact the transcript of the May 23, 2013 conference and strike certain language in the Order of May 24, 2013. The Court will treat plaintiffs' counsel's five-page, single-space submission as such a motion. For reasons explained, the motion is denied. Local Rule 26.3, insofar as is addressed by plaintiffs' counsel, is consistent with the Federal Rules of Civil Procedure. Again, in this instance no consequence befalls plaintiffs' counsel or their clients from non-compliance beyond the cautionary reminder that stands. Motion denied. (Signed by Judge P. Kevin Castel on 6/4/2013) (ft) (Entered: 06/04/2013)
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                                                                                                                                                                                                                                                                                                                                                Blank 42 Filed: 5/31/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                                NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/31/2013)
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                                                                                                                                                                                                                                                                                                                                                  Blank 41 Filed: 5/31/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                  TRANSCRIPT of Proceedings re: CONFERENCE held on 5/23/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.(Rodriguez, Somari) (Entered: 05/31/2013)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 40 Filed: 5/24/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                    ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge P. Kevin Castel on 5/23/2013) (rdz) (Entered: 05/24/2013)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 39 Filed: 5/24/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                      ORDER FOLLOWING PRETRIAL CONFERENCE: As result of a pretrial conference held before the Court today, the following is ORDERED: Ms. Savage is cautioned to comply with Local Civil Rule 26.3 in this and future cases in this District. Fact discovery is extended to July 31. Expert discovery is extended to September 13. The next Case Management Conference will be held on September 5, 2013 at noon. Any conference schedule for a date prior thereto is adjourned. So ORDERED. Fact Discovery due by 7/31/2013. Expert Discovery due by 9/13/2013. Case Management Conference set for 9/5/2013 at 12:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/23/2013) (rdz) (Entered: 05/24/2013)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 38 Filed: 5/22/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel, from Daniel J. Brown, dated 5/21/2013 re: request a 60 day extension of the current fact discovery deadline - from May 31, 2013 to July 31, 2013 to allow the parties to complete necessary fact discovery as described more fully herein. ENDORSEMENT: Defendants should appear at the conference on May 23, 2013 at 2:30 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/21/2013) (ja) (Entered: 05/22/2013)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 37 Filed: 5/17/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                          Letter addressed to Judge P. Kevin Castel, from Michael E. Joffre, dated 5/17/2013, re: Pursuant to the Court's May 13, 2013 Order (ECF No. 36), we submit this letter on behalf of non-party Samsung Electronics America, Inc., reporting on Samsung's compliance with the plaintiffs' subpoena in the above matter... Samsung reiterates its objections to the plaintiffs' original subpoena. But Samsung believes that it has now substantially complied with the subpoena as narrowed by the plaintiffs' counsel on April 23. (ja) (Entered: 05/17/2013)
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                                                                                                                                                                                                                                                                                                                                                            Blank 36 Filed: 5/14/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Judge P. Kevin Castel, from Denise L. Savage, dated 5/11/2013, re: Plaintiffs seek a discovery conference with the Court at its earliest convenience, as Fact Discovery closes in this Action May 31, 2013. ENDORSEMENT: Conference adjourned from May 15 to May 23 at 2:30 p.m. Samsung's counsel should fax letter to Chambers by May 17 reporting on the present state of its compliance with the subpoena; Plaintiffs shall respond by fax by May 21 - setting forth the relief it is seeking; and Samsung may reply by fax by May 23. Thereafter, the Court will determine the appropriate relief. SO ORDERED. ( Status Conference set for 5/23/2013 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/13/2013) (ja) (Entered: 05/14/2013)
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 35 Filed: 4/29/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                              Letter addressed to Judge P. Kevin Castel, from Denise L. Savage, dated 4/26/2013, re: Plaintiffs' hereby withdraw their letter sent to the Court relating to Magento, Inc. discovery issues, thus mooting the issues raised in Mr. Sweeney's letter. Document filed by Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin.(ja) (Entered: 04/29/2013)
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 34 Filed: 4/25/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge P. Kevin Castel from Daniel J. Brown dated 4/25/2013 re: The parties respectfully request that the deadline for a joint letter submission be adjourned to May 6, 2013, and any court appearance be adjourned to May 10, 2013. ENDORSEMENT: Joint Letter adjourned to May 6. May 1 conference adjourned to May 15, 2013 at 2:30 p.m. SO ORDERED. (Status Conference set for 5/15/2013 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/25/2013) (ft) (Entered: 04/25/2013)
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                                                                                                                                                                                                                                                                                                                                                                  Blank 33 Filed: 4/23/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge P. Kevin Castel from Patrick J. Sweeney dated 4/19/2013 re: On behalf of non-party Rule 45 subpoena subject Magenta, Inc. ("Magento"), we respectfully submit this letter in response to Plaintiffs' April 15, 2013 letter seeking, among other things, an order directing Magento to produce witnesses outside this district and asking the Court to conduct an in camera review of documents withheld from a production Magento made in California. ENDORSEMENT: Plaintiff should respond in writing by April 26, 2013. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/23/2013) (ft) (Entered: 04/23/2013)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 32 Filed: 4/23/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                    ORDER: I will direct to Mr. Brown to telephone Ms. Savage to arrange a face-to-face, meet-and-confer session to be held on or before April 25, 2013 for no less than one hour in a good-faith attempt to resolve or narrow any outstanding discovery disputes, including but not limited to those in the letters heretofore submitted to the Court. (Counsel are also encouraged to discuss settlement of the action). If and to the extent that discovery disputes have not been resolved, counsel for the parties are directed to submit a joint letter (the "Joint Letter") by April 29, 2013 (1) certifying that they have complied with the foregoing meet and confer requirement; (2) stating each side's position on the disputed issues (organized so as to present each issue and immediately following the response to that issue) and (3) setting forth the specific relief each side seeks, together with any citations to case law support. The text of the discovery requests and the objections, if any, should be submitted with the Joint Letter. Counsel are directed to consult this Court's opinion in Zaccaro v. Shah, 08 Civ. 3138(PKC), 2008 WL 5429636 (S.D.N.Y. Dec. 22, 2008) for further guidance. If any discovery disputes arise in the future, the above procedures are to be followed. I will hear all counsel in the action on the record on May 1 at 2 p.m. to adjudicate any remaining issues. ( Status Conference set for 5/1/2013 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/18/2013) (ja) (Entered: 04/23/2013)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 31 Filed: 2/9/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF APPEARANCE by Kenneth P. Norwick on behalf of Alexander Interactive, Inc., Josh Levine, Alexander Schmelkin (Norwick, Kenneth) (Entered: 02/09/2013)
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 30 Filed: 1/24/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                                                        ANSWER to 27 Counterclaim. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 01/24/2013)
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 29 Filed: 1/16/2013, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                          SECOND AND FINAL MODIFIED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Court hereby modifies the initial Civil Case Management Plan and Scheduling Order, entered by this Court on October 18, 2012, and the Modified Civil Case Management and Scheduling Order, entered by this Court on November 5, 2012, as follows: Fact Discovery due by 5/31/2013. Expert Discovery due by 7/31/2013. Expert Deposition due by 7/31/2013. Status Conference set for 7/2/2013 at 11:00 AM before Judge P. Kevin Castel. ENDORSEMENT: All prior conferences are vacated. The next conference is July 2, 2013 at 11:00 am. (Signed by Judge P. Kevin Castel on 1/15/2013) (ft) Modified on 1/16/2013 (ft). (Entered: 01/16/2013)
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 28 Filed: 1/4/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                                                            FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Adorama Enterprises LLC, Adorama, Inc..(Vardi, Eric) (Entered: 01/04/2013)
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 27 Filed: 1/4/2013, Entered: None
                                                                                                                                                                                                                                                                                                                                                                              ANSWER to 15 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Mendel Mendlowits, Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits. (Attachments: # 1 Rule 7.1 Statement)(Vardi, Eric) (Entered: 01/04/2013)
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 26 Filed: 12/18/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge P. Kevin Castel from Denise L. Savage dated 12/13/2012 re: We ask that the Court deny the Defendants' request for a pre-motion conference because it's mooted and/or deny the Defendants' request to set aside the Clerk's Certificate of Default in toto. ENDORSEMENT: Defendant has in its pre-motion conference letter demonstrated that it may have a good meritorious defense. The Clerk's default in this case will be vacated. This Court should have, but did not, set a time for defendant to file its motion to dismiss and extend the time to answer or move until then. The fault was that of the Court's but no prejudice resulted. Defendants shall move or answer by January 4, 2013. Certificate of Default is vacated. So ordered. Adorama Enterprises LLC answer due 1/4/2013; Adorama, Inc. answer due 1/4/2013; Eugene Mendlowits answer due 1/4/2013; Mendel Mendlowits answer due 1/4/2013. (Motions due by 1/4/2013.) (Signed by Judge P. Kevin Castel on 12/17/2012) (rjm) (Entered: 12/18/2012)
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 25 Filed: 12/13/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                  CLERK'S CERTIFICATE OF DEFAULT as to ADORAMA, INC., ADORAMA ENTERPRISES, LLC, EUGENE MENDLOWITS, AND MENDEL MENDLOWITS. (ml) (Entered: 12/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 24 Filed: 12/13/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE of Summons and Amended Complaint,, Complaint, Amended Complaint,. All Defendants. Service was accepted by matthew Sheppe, Esq. Service was made by email/mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 12/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 23 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                      AFFIRMATION of Denise L. Savage in Support re: 22 Request to Enter Default. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 22 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                        REQUEST TO ENTER DEFAULT against Adorama, Inc., Adorama Enterprises LLC, Eugene Mendlowits, Mendel Mendlowits. Document filed by Alexander Interactive, Inc..(Savage, Denise) (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 21 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE of Request for Default, Affirmation in Support of Request for Certificate of Default, Proposed Clerk's Certificate of Default served on Matthew Sheppe, Esq. on 12/12/2012. Service was made by email/mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 20 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE of Summons and Amended Complaint,,. All Defendants. Service was accepted by Matthew Sheppe, Esq. Service was made by email. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 19 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #23) - FIRST MOTION for Default Judgment as to All Defendats., FIRST MOTION for Entry of Default as to Adorama, Inc., Adorama Enterprises LLC, Eugene Mendlowits, Mendel Mendlowits Affirmation of Denise L. Savage in Support of Request for Certificate of Default. Document filed by Alexander Interactive, Inc..(Savage, Denise) Modified on 12/13/2012 (ldi). (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 18 Filed: 12/12/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #22) - MOTION for Entry of Default as to Adorama, Inc., Adorama Enterprises LLC, Eugene Mendlowits, Mendel Mendlowits. Document filed by Alexander Interactive, Inc..(Savage, Denise) Modified on 12/13/2012 (ldi). (Entered: 12/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 17 Filed: 12/6/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge P. Kevin Castel from Matthew Sheppe dated 12/3/2012 re: Defense counsel writes pursuant to Section 2.A.l of your Individual Practices to request a pre-motion conference in connection with the Defendants' proposed motion to dismiss Plaintiffs' Second Amended Complaint ("SAC") pursuant to Fed. R, Civ. P. 12(b)(6).1 Specifically, Defendants' proposed motion shall seek the following relief: the dismissal of the SAC in its entirety on behalf of Defendant Adorama-Enterprises, LLC (Adorama Enterprises; the dismissal of Plaintiffs third through sixteenth claims against Eugene Mendlowits on the grounds that Plaintiffs have failed to allege conduct by these Defendants sufficient to give rise to a plausible claim for liability on any of these claims; the dismissal of Plaintiffs sixth through sixteenth claims as against all of the Defendants on the grounds that the claims: (I) fail to state a claim; (ii) are pre-empted by Plaintiffs Federal Copyright claims; and/or (iii) are duplicative of other claims in the SAC.. ENDORSEMENT: I will allow defendants to proceed with the motion but will not stay discovery. Pre-motion conference waived. That said, defendants should consider waiting until the close of fact discovery i.e. February 13 to bring an omnibus motion for summary judgment. Nothing will be waived in doing so. So Ordered.. (Signed by Judge P. Kevin Castel on 12/5/2012) (ago) (Entered: 12/06/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 16 Filed: 12/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                    CONFIDENTIALITY ORDER AND STIPULATION AND ADDENDUM...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: Subject to Addendum. (Signed by Judge P. Kevin Castel on 12/5/2012) (ft) (Entered: 12/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 15 Filed: 11/19/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                      SECOND AMENDED COMPLAINT amending 6 Amended Complaint, against Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits with JURY DEMAND.Document filed by Alexander Interactive, Inc., Alexander Schmelkin, Josh Levine. Related document: 6 Amended Complaint, filed by Josh Levine, Alexander Schmelkin, Alexander Interactive, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(djc) (Entered: 11/27/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 14 Filed: 11/20/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                        MODIFIED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Modified Civil Case Management Plan (the "Modified Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed.R.Civ.P. and, for good cause shown, the Court hereby modifies the original Civil Case Management Plan (the "Plan") entered by this Court on October 18, 2012 as follows: As set forth herein.This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend dates herein (except as noted in paragraph 6 of the Plan) shall be made in a written application in accordance with paragraph 1 (C) of the Court's Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended. SO ORDERED. Responses due by 12/3/2012 (Signed by Judge P. Kevin Castel on 11/20/2012) (ama) (Entered: 11/21/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 13 Filed: 11/20/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                          MEMO ENDORSEMENT ON CONSENT MOTION TO EXTEND DEADLINES UNDER CIVIL MANAGEMENT PLAN ORDER : denying 10 Motion for Extension of Time.ENDORSEMENT: This is NOT the proper subject of the motion. A letter would suffice. If it were, the parties would have needed to comply with the undersigned's pre-motion conference requirement. See Individual Practices on Court's Website. SO ORDERED (Signed by Judge P. Kevin Castel on 11/20/2012) (ama) Modified on 11/30/2012 (ama). (Entered: 11/21/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 12 Filed: 11/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                            MODIFIED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:The interim deadlines listed herein may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by February 15, 2013 (the fact discovery deadline set forth in the Plan). Plaintiffs shall file and serve their Second Amended Complaint on or before November 19, 2012. (Signed by Judge P. Kevin Castel on 11/5/2012) (mro) (Entered: 11/07/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 11 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE of Motion to Extend served on Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits on November 5, 2012. Service was made by mail. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 10 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                FIRST MOTION for Extension of Time to Civil Management Plan Order entered on October 18, 2012. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 Proposed Order)(Savage, Denise) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 9 Filed: 11/3/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Extension of Time of certain deadlines in the Civil Management Plan Order entered on October 18, 2012. Document filed by Alexander Interactive, Inc.. (Attachments: # 1 proposed order)(Savage, Denise) Modified on 11/5/2012 (ldi). (Entered: 11/03/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 8 Filed: 10/18/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                    CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Plaintiffs have indicated they have docs ready to produce and defendants are going to produce docs concerning the press release and Amended Pleadings due by 11/5/2012. Joinder of Parties due by 11/19/2012. Motions due by 11/19/2012. Deposition due by 2/8/2013. Fact Discovery due by 2/15/2013. Expert Discovery due by 4/1/2012. Case Management Conference set for 3/8/2013 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/17/2012) (js) (Entered: 10/19/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 7 Filed: 10/2/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that Defendants, Adorama, Inc., Adorama Enterprises LLC, Eugene Mendlowits, and Mendel Mendlowits (collectively "Adorama"), shall have up to and including October 12, 2012 to respond to the Amended Complaint. (Signed by Judge P. Kevin Castel on 10/2/2012) (ago) (Entered: 10/02/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 6 Filed: 9/11/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                        AMENDED COMPLAINT amending 1 Complaint against Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits with JURY DEMAND.Document filed by Alexander Interactive, Inc., Alexander Schmelkin, Josh Levine. Related document: 1 Complaint filed by Alexander Interactive, Inc. (Attachments: # 1 exh a)(laq) (Entered: 09/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 5 Filed: 9/7/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Matthew Henry Sheppe on behalf of Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits (Sheppe, Matthew) (Entered: 09/07/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 4 Filed: 9/6/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 18, 2012 at 12:30 p.m. in Courtroom 12C at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. SO ORDERED. Initial Conference set for 10/18/2012 at 12:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/05/2012) (ama) (Entered: 09/06/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 3 Filed: 9/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Matthew Sheppe, Esq.. Document filed by Alexander Interactive, Inc.. (Savage, Denise) (Entered: 09/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 2 Filed: 9/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Matthew Sheppe, Esq.. Document filed by Mendel Mendlowits, Alexander Interactive, Inc., Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits., CERTIFICATE OF SERVICE of Complaint, Summonses, Individual Practices, ECF Local Rules served on Matthew Sheppe, Esq on 8/31/2012. Service was accepted by Matthew Sheppe, Esq.. Document filed by Mendel Mendlowits, Alexander Interactive, Inc., Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits. (Savage, Denise) (Entered: 09/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 8/29/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                  COMPLAINT against Adorama Enterprises LLC, Adorama, Inc., Eugene Mendlowits, Mendel Mendlowits. (Filing Fee $ 350.00, Receipt Number 1047457)Document filed by Alexander Interactive, Inc. (Attachments: # 1 Exhibit)(mro) (Entered: 08/30/2012)
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