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Date Filed
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Docket Text
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| January 16, 2008 |
1
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COMPLAINT against Louis Diaz, Gregory Korniloff, Jack Toal. (Filing Fee $ 350.00, Receipt Number 638367)Document filed by Louis Diaz, Gregory Korniloff, Jack Toal.(laq) (Entered:
01/17/2008)
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| January 16, 2008 |
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SUMMONS ISSUED as to NBC Universal, Inc. (laq) (Entered: January 17, 2008)
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| January 16, 2008 |
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Magistrate Judge Douglas F. Eaton is so designated. (laq) (Entered: January 17, 2008)
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| January 16, 2008 |
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Case Designated ECF. (laq) (Entered: January 17, 2008)
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| January 22, 2008 |
2
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ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/14/2008 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.
(Signed by Judge Colleen McMahon on 1/22/08) (cd) (Entered: January 22, 2008)
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| January 23, 2008 |
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Minute Entry for proceedings held before Judge Colleen McMahon: Show Cause Hearing (Phone Conference) held on 1/23/2008. Decision: No TRO will be issued. Plaintiff must effect service.
Defendant has 48 hours to file a motion to dismiss for lack of venue. Response thereto by noon on 1/29/2008. Defendant has until close of business day (Est) on 2/1/2008 to file a 12(b)(6)
motion. Response thereto by close of business on 2/6/2008. Defendant's motion should address the propreity of injunctive relief. If the case is not dismissed, and injunctive relief is
possible, a hearing will be held during the week of 2/18/2008. (Submitted by Caren Lerner). (Court Reporter Martha Drevis) (mde) (Entered: January 23, 2008)
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| January 25, 2008 |
3
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NOTICE of Notice re Non-Filing of Venue Motion re: Show Cause Hearing,,. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: January 25, 2008)
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| January 28, 2008 |
4
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AFFIDAVIT OF SERVICE of Summons and Complaint. NBC Universal, Inc. served on 1/23/2008, answer due 2/12/2008. Service was accepted by Vin Knight,Legal Info Mgr. Document filed by Louis
Diaz. (Carey, Michael) (Entered: January 28, 2008)
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| January 28, 2008 |
5
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ENDORSED LETTER addressed to Judge Colleen McMahon from Robert D. Balin dated 1/25/08 re: Counsel for defendant NBC Universal, Inc. requests permission to file the motion to dismiss and
opposition to plaintiffs preliminary injunction in one combined 35 page brief on the scheduled 2/1/08 date. ENDORSEMENT: This. SO ORDERED. (Signed by Judge Colleen McMahon on 1/28/08)
(db) . (Entered: January 28, 2008)
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| February 1, 2008 |
6
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ENDORSED LETTER addressed to Judge Colleen McMahon from Michael Q. Carey dated 1/31/2008 re: Today I received a proposed order from defendant's counsel that has been delivered to the
Court.... ENDORSEMENT: Yes.. (Signed by Judge Colleen McMahon on 2/1/2008) (mde) (Entered: February 1, 2008)
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| February 1, 2008 |
7
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ENDORSED LETTER addressed to All Counsel from Judge McMahon dated 2/1/2008 re: Procedural Posture of Case...The Clerks Offices characterization of what transpired during our telephone
conference on January 25, 2008, is, unfortunately, erroneous no doubt due to my unorthodox way of handling these matters. The Courts memorandum to the docket clerk indicated the
following: the application for a temporary restraining order was denied. Defendant had 48 hours to decide whether to move for a change of venue (which it has elected not to do). Defendant
has until the close of business today to move to dismiss the action, or in the alternative why injunctive relief should not issue if the complaint is not dismissed. Plaintiff must respond
by close of business on February 6. We will have a decision on that motion hopefully by close of business on February 11 and if the complaint is not dismissed, we will hold a hearing on
the merits starting on February 19 (there being no court on February 18, a legal holiday). The fact that I did not sign the order to show cause as submitted to me does not mean (as the
Clerk apparently believes) that no application for preliminary injunctive relief is pending. Until I dismiss the complaint, such an application is definitely on the table and will be
dealt with this month. I am directing the Clerks office to accept for filing the plaintiffs application for a preliminary injunction, together with a copy of this order (which has already
been entered on the docket sheet) setting out the schedule for dealing with that motion and the plaintiffs motion to dismiss. Plaintiff may have 35 pages to respond to the defendants
brief. (Signed by Judge Colleen McMahon on 2/1/2008) (mde) . (Entered: February 1, 2008)
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| February 1, 2008 |
8
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ENDORSED LETTER addressed to Judge Colleen McMahon from Robert D. Balin dated 1/31/2008 re: to ask permission to file two exhibits in hard copy... ENDORSEMENT: Yes.. (Signed by Judge
Colleen McMahon on 2/1/2008) (mde) (Entered: February 1, 2008)
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| February 1, 2008 |
9
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ORDER: IT IS HEREBY ORDERED that counsel for the defendant NBC Universal, Inc. shall be permitted to file hard copies of the following exhibits to the defendant's opposition to
plaintiffs' application for injuctive relief and cross-motion to dismiss plaintiffs' complaint...SO ORDERED: (Signed by Judge Colleen McMahon on 2/1/2008) (mde) (Entered: February 1, 2008)
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| February 1, 2008 |
10
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MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For Injunctive Relief. Document filed by NBC Universal, Inc.. Responses due by 2/6/2008(Balin, Robert)
(Entered: February 1, 2008)
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| February 1, 2008 |
11
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying General Electric Company as Corporate Parent. Document filed by NBC Universal, Inc..(Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
12
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MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For Injunctive
Relief.. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
13
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AFFIDAVIT of Andrew J. Thomas in Support re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application
For Injunctive Relief.. Document filed by NBC Universal, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Part 1, # 7 Exhibit F Part 2)(Balin, Robert) (Entered:
02/01/2008)
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| February 1, 2008 |
14
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AFFIDAVIT of John Morici in Support re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For
Injunctive Relief.. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
15
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AFFIDAVIT of Gabriela Garcia in Support re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For
Injunctive Relief.. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
16
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AFFIDAVIT of John V. Ledwith Jr. in Support re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application
For Injunctive Relief.. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
17
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CERTIFICATE OF SERVICE of DVDs served on Dominic Amorosa and Carey & Associates LLC on 02/01/2008. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 1, 2008 |
18
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CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Complaint, Memorandum of Law in Support of Motion to Dismiss the Complaint and in Opposition To Plaintiffs' Application For
Injunctive Relief, Affidavit of Andrew J. Thomas, Affidavit of John V. Ledwith Jr., Affidavit of Gabriela Garcia and Affidavit of John Morici served on Dominic Amorosa and Carey &
Associates LLC on 02/01/2008. Document filed by NBC Universal, Inc.. (Balin, Robert) (Entered: February 1, 2008)
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| February 6, 2008 |
19
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MEMORANDUM OF LAW in Opposition re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For
Injunctive Relief.. Document filed by Louis Diaz. (Attachments: # 1 Affidavit Jack Toal #2 08-02-06)(Carey, Michael)
(Entered: February 6, 2008)
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| February 6, 2008 |
20
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AFFIDAVIT of Jack Toal in Opposition re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For
Injunctive Relief.. Document filed by Louis Diaz. (Carey, Michael) (Entered: February 6, 2008)
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| February 7, 2008 |
21
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MEMORANDUM OF LAW in Opposition re: 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs' Application For
Injunctive Relief. (Corrected). Document filed by Louis Diaz. (Carey, Michael) (Entered: February 7, 2008)
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| February 7, 2008 |
22
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MOTION for Kelli Sager and Andrew J. Thomas to Appear Pro Hac Vice. Document filed by NBC Universal, Inc..(cd) (Entered: February 8, 2008)
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| February 14, 2008 |
23
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DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE COMPLAINT AND DENYING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF granting 10 Motion to Dismiss. It would behoove a major corporation like Universal not to put inaccurate statements at the end of popular
films. However, nothing in this particular untrue statement is actionable. The Complaint is dismissed. The Clerk should close the file. This constitutes the decision and order of the
Court. (Signed by Judge Colleen McMahon on 2/11/2008) BY ECF MAIL AND FAXED TO ALL COUNSEL(jmi) (Entered: February 14, 2008)
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| February 14, 2008 |
24
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ORDER granting 22 Motion for Kelli Sager and Andrew J. Thomas to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on
2/14/2008) (jmi) (Entered: February 14, 2008)
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| February 14, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 24 Order on Motion to Appear Pro Hac Vice, to the Attorney
Admissions Clerk for updating of Attorney Information. (jmi) (Entered: February 14, 2008)
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| February 14, 2008 |
25
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TRANSCRIPT of proceedings held on 1/23/08 before Judge Colleen McMahon. (jbe) (Entered: February 14, 2008)
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| February 14, 2008 |
26
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DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE COMPLAINT AND DENYING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF: It would behoove a major corporation like Universal
(which is owned by a major news organization, NBC) not to put inaccurate statements at the end of popular films. However, nothing in this particular untrue statement is actionable. The
Complaint is dismissed. The Clerk should close file. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 2/11/08) (js) (Entered: February 14, 2008)
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| February 15, 2008 |
27
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MEMORANDUM OF LAW in Support re: 7 Endorsed Letter,,,,,, In Support of Preliminary Injunction. Document filed by Louis
Diaz. (Carey, Michael) (Entered: February 15, 2008)
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| February 15, 2008 |
28
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AFFIDAVIT of Dominic F. Amorosa in Support re: 7 Endorsed Letter,,,,,,. Document filed by Louis Diaz. (Attachments: # 1 Exhibit OSC Ex A, # 2 Exhibit OSC Ex B, # 3 Exhibit OSC Ex C, # 4 Exhibit OSC Ex D, # 5 Exhibit OSC Ex E, # 6 Exhibit OSC Ex F, # 7 Text of Proposed Order, # 8 Affidavit of Service)(Carey, Michael)
(Entered: February 15, 2008)
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| February 15, 2008 |
29
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ORDER ADMITTING ATTORNEY PRO HAC VICE: That Andrew J. Thomas is permitted to appear pro hac vice for defendant. (Signed by Judge Colleen McMahon on 2/14/08) (db) (Entered: February 15, 2008)
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| February 20, 2008 |
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CASHIERS OFFICE REMARK on 24 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/07/2008, Receipt
Number 640693. (jd) (Entered: February 20, 2008)
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| March 10, 2008 |
30
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NOTICE OF APPEAL from 26 Order, 23 Order on Motion to Dismiss.
Document filed by Louis Diaz, Gregory Korniloff, Jack Toal. Filing fee $ 455.00, receipt number E 644187. (nd) (Entered: March 11, 2008)
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| March 11, 2008 |
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Transmission of Notice of Appeal to the District Judge re: 30 Notice of Appeal. (nd) (Entered: March 11, 2008)
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| March 11, 2008 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 30 Notice of Appeal. (nd)
(Entered: March 11, 2008)
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| March 11, 2008 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 14 Affidavit in Support
of Motion filed by NBC Universal, Inc., 8 Endorsed Letter, 19
Memorandum of Law in Opposition to Motion, filed by Louis Diaz, 20 Affidavit in Opposition to Motion filed by Louis Diaz,
28 Affidavit in Support, filed by Louis Diaz, 21 Memorandum of
Law in Opposition to Motion filed by Louis Diaz, 10 MOTION to Dismiss Complaint And In Opposition To Plaintiffs'
Application For Injunctive Relief. filed by NBC Universal, Inc., 5 Endorsed Letter, 24 Order on Motion to Appear Pro Hac Vice, 4 Affidavit of Service
Complaints filed by Louis Diaz, 22 MOTION for Kelli Sager and Andrew J. Thomas to Appear Pro Hac Vice. filed by NBC Universal,
Inc., 16 Affidavit in Support of Motion filed by NBC Universal, Inc., 12 Memorandum of Law in Support of Motion filed by NBC Universal, Inc., 7
Endorsed Letter,,,,,, 29 Order Admitting Attorney Pro Hac Vice, 18 Certificate of Service Other, filed by NBC Universal, Inc., 3 Notice
(Other) filed by NBC Universal, Inc., 15 Affidavit in Support of Motion filed by NBC Universal, Inc., 9 Order, 26 Order,, 11 Rule 7.1 Corporate Disclosure Statement filed by NBC Universal, Inc., 13 Affidavit in Support of Motion, filed by NBC Universal, Inc., 23 Order
on Motion to Dismiss,, 27 Memorandum of Law in Support filed by Louis Diaz, 2 Order for Initial Pretrial Conference, 30 Notice of Appeal filed by
Louis Diaz, Jack Toal, Gregory Korniloff, 6 Endorsed Letter, 17
Certificate of Service Other filed by NBC Universal, Inc. were transmitted to the U.S. Court of Appeals. (nd) (Entered: March 11, 2008)
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| March 27, 2008 |
31
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First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 30 Notice of
Appeal filed by Louis Diaz, Jack Toal, Gregory Korniloff USCA Case Number 08-1190-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were
transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: March 27, 2008)
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