Airbnb, Inc. v. Schneiderman et al
| New York Southern District Court | |
| Judge: | Katherine B Forrest |
| Case #: | 1:16-cv-08239 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Oct 21, 2016 |
| Terminated: | Dec 05, 2016 |
| Last checked: Wednesday Apr 19, 2017 5:42 AM EDT |
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Defendant
Bill De Blasio
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Represented By
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Movant
Michelle L. McGuirk
P.O. Box 369
New York, NY 10113 |
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Plaintiff
Airbnb, Inc.
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Represented By
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| TERMINATED PARTIES | |
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Defendant
City Of New York
Terminated: 12/05/2016
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Represented By
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Defendant
Eric Schneiderman
Terminated: 11/22/2016
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Represented By
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| 1. | New York Governor Signs Bill Authorizing Fines for Airbnb Rentals (wsj.com) |
| Submitted Sat 10/22/2016 | |
| Docket last updated: 05/04/2025 11:59 PM EDT |
| Thursday, November 16, 2017 | ||
| 40 | 40
appeal
USCA Mandate
Thu 11/16 12:05 PM
MANDATE of USCA (Certified Copy) as to39 Notice of Appeal, filed by Michelle L. McGuirk. USCA Case Number 17-1000 Appellant, pro se, moves to deny counsel to the City of New York and to compel the appearance of Airbnb, Inc. Upon due consideration, it is hereby ORDERED that the motions are DENIED. It is further ORDERED that the appeal is DISMISSED because it lacks an arguable basis in law or fact. See Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995) (holding Court has inherent authority to dismiss an appeal that lacks an arguable basis in law or fact).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/16/2017. (nd) |
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| Friday, April 07, 2017 | ||
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 04/07 11:58 AM
Corrected Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for39 Notice of Appeal, filed by Michelle L. McGuirk were transmitted to the U.S. Court of Appeals. (tp) |
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appeal
USCA Appeal Fees
Fri 04/07 2:17 PM
USCA Appeal Fees received $ 505.00 receipt number 465401178730 on 4/7/2017 re:39 Notice of Appeal, filed by Michelle L. McGuirk. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 04/07 2:29 PM
Corrected Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for39 Notice of Appeal, filed by Michelle L. McGuirk were transmitted to the U.S. Court of Appeals. (tp) |
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| Thursday, April 06, 2017 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Thu 04/06 10:12 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:39 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Thu 04/06 10:13 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for39 Notice of Appeal, filed by Michelle L. McGuirk were transmitted to the U.S. Court of Appeals. (tp) |
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| Tuesday, April 04, 2017 | ||
| 39 | 39
appeal
Notice of Appeal
Thu 04/06 10:10 AM
NOTICE OF APPEAL from34 Memo Endorsement,32 Stipulation and Order of Voluntary Dismissal, Add and Terminate Parties,38 Order on Motion for Reconsideration, Order on Motion for Miscellaneous Relief, Order on Motion to Compel. Document filed by Michelle L. McGuirk. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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appeal
Appeal Fee Due
Thu 04/06 10:12 AM
Appeal Fee Due: for39 Notice of Appeal. Appeal fee due by 4/18/2017. (tp) |
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| Thursday, March 09, 2017 | ||
| 38 | 38
order
Order on Motion for Reconsideration Order on Motion for Miscellaneous Relief Order on Motion to Compel
Thu 03/09 10:42 AM
ORDER denying35 Motion for Reconsideration; denying36 Motion to Renew Intervenor Request; denying37 Motion to Compel. On March 3, 2017, McGuirk filed three motions seeking essentially the same relief requested in the prior motion. (ECF Nos. 35, 36, 37.) The Court DENIES these motions, as they too lack any legal or factual basis to grant the relief requested. The Clerk of Court is directed to terminate the motions at ECF Nos. 35, 36, and 37. (Signed by Judge Katherine B. Forrest on 3/9/2017) (cla) |
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| Friday, March 03, 2017 | ||
| 37 | 37
motion
Compel
Mon 03/06 4:45 PM
MOTION TO COMPEL DISCLOSURE..(sc) |
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| 36 | 36
motion
Miscellaneous Relief
Mon 03/06 4:41 PM
MOTION TO RENEW INTERVENOR REQUEST. Document filed by Michelle McGuirk, Proposed Intervenor.(sc) Modified on 3/6/2017 (sc) |
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| 35 | 35
motion
Reconsideration
Mon 03/06 4:37 PM
MOTION TO RECONSIDER LEAVE TO FILE; re:34 Memo Endorsement. Document filed by Michelle McGuirk, Proposed Intervenor(sc) Modified on 3/6/2017 (sc) |
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| Tuesday, January 03, 2017 | ||
| 34 | 34
order
Memo Endorsement
Tue 01/03 1:41 PM
MEMO ENDORSEMENT on re:33 Letter re: Motion for leave file i) Motion to intervene and ii) Motion to reconsider after Dec. 5 2016 Order for alleged settlement amongst parties. ENDORSEMENT: Ordered: The motion is DENIED as lacking in any legal or factual basis to grant the relief requested. (Signed by Judge Katherine B. Forrest on 1/3/2017) (cla) |
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| Thursday, December 22, 2016 | ||
| 33 | 33
misc
Letter
Fri 12/23 2:01 PM
LETTER from Michelle McGuirk dated 12/22/2016 re: Motion for leave file i) Motion to intervene and ii) Motion to reconsider after Dec. 5 2016 Order for alleged settlement amongst parties. Document filed by Michelle McGuirk.(sac) |
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| Monday, December 05, 2016 | ||
| 32 | 32
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Mon 12/05 11:49 AM
NY STIPULATION OF SETTLEMENT AND DISMISSAL: It is hereby stipulated and agreed, by and among Airbnb and the City, through their undersigned counsel, that The City, and its agents, servants, employees, officers or attorneys, will permanently refrain from taking any action to enforce the Act, including retroactively and/or under any theories of direct or secondary liability, as against Airbnb; Nothing contained herein shall be an admission by any party that they ave acted unlawfully or in any way violated any law or regulation or the rights of any other person or entity, as defined in the constitutions, statutes, ordinances, rules or regulations of the United States of America, the State of New York, the City of New York or any other rules, regulations, or bylaws of any department, agency or subdivision of the City of New York; Airbnb hereby dismisses this action as against the City without prejudice and without attorney's fees or costs to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; and Airbnb and the City hereby acknowledge that this Stipulation sets forth all the terms of their settlement in this action. (City Of New York (a municipial corporation ) terminated.) (Signed by Judge Katherine B. Forrest on 12/5/2016) (cla) |
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utility
Terminate Transcript Deadlines
Tue 01/10 1:56 PM
Terminate Transcript Deadlines (cla) |
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| Monday, November 28, 2016 | ||
| 31 | 31
service
Certificate of Service Complaints
Mon 11/28 4:18 PM
CERTIFICATE OF SERVICE of Summons and Complaint, Order to Show Cause for Preliminary Injunction, and TRO. Service was accepted by Counsel for defendants(unnamed). Document filed by Airbnb, Inc. (sc) |
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| Wednesday, November 23, 2016 | ||
| 30 | 30
service
Certificate of Service Complaints Certificate of Service Other
Wed 11/23 5:51 PM
CERTIFICATE OF SERVICE of Summons and Complaint. City Of New York served on 10/21/2016, answer due 11/14/2016; Bill De Blasio served on 10/21/2016, answer due 11/14/2016; Eric Schneiderman served on 10/21/2016, answer due 11/14/2016. Service was accepted by Andrew Amer; Melanie Sadok. Document filed by Airbnb, Inc.., CERTIFICATE OF SERVICE of Complaint, TRO Papers served on Defendants on 10/21/2016. Service was accepted by Andrew Amer; Melanie Sadok. Document filed by Airbnb, Inc.. (Kushner, Sarah) |
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| Tuesday, November 22, 2016 | ||
| 28 | 28
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Tue 11/22 10:47 AM
STIPULATION OF SETTLEMENT AND DISMISSAL AS AGAINST DEFENDANT ERIC SCHNEIDERMAN: It is hereby stipulated and agreed, by and Airbnb and defendant Eric Schneiderman, through their undersigned counsel, that: (i) in consideration of the Act's express provision that any enforcement shall be carried out by the Mayor's OSE, defendant Eric Schneiderman, Attorney General of the State of New York ("AG"), sued herein in his official capacity, hereby agrees that he, and his agents, servants, employees, officers or attorneys, will refrain from taking any action to enforce the Act, including retroactively and/or under any theories of direct or secondary liability, as against Airbnb; (ii) Airbnb hereby dismisses this action as against the AG without prejudice and without attorney's fees or costs to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; and (iii) Airbnb and the AG hereby acknowledge that this Stipulation sets forth all the terms of their settlement in this action. (Eric Schneiderman (Attorney General of the state of New York, in his official capacity) terminated.) (Signed by Judge Katherine B. Forrest on 11/21/2016) (cla) |
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| Monday, November 21, 2016 | ||
| 29 | 29
order
Memo Endorsement
Tue 11/22 10:52 AM
MEMO ENDORSEMENT on re:27 Letter re: status update, filed by City Of New York, Bill De Blasio. ENDORSEMENT: So ordered. But we are running out of runway and will get things moving forward shortly. (Signed by Judge Katherine B. Forrest on 11/21/2016) (cla) |
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| Friday, November 18, 2016 | ||
| 27 | 27
misc
Letter
Fri 11/18 5:04 PM
LETTER addressed to Judge Katherine B. Forrest from Melanie V. Sadok dated November 18, 2016 re: status update. Document filed by City Of New York, Bill De Blasio.(Sadok, Melanie) |
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| Friday, November 04, 2016 | ||
| 26 | 26
1
pgs
order
Memo Endorsement
Fri 11/04 3:22 PM
MEMO ENDORSEMENT on re:25 Letter re: status update, filed by City Of New York, Bill De Blasio. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/4/2016) (cla) |
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| 25 | 25
misc
Letter
Fri 11/04 10:12 AM
CONSENT LETTER addressed to Judge Katherine B. Forrest from Melanie V. Sadok dated November 4, 2016 re: status update. Document filed by City Of New York, Bill De Blasio.(Sadok, Melanie) |
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| Thursday, November 03, 2016 | ||
| 24 | 24
misc
Notice of Filing Transcript
Thu 11/03 5:03 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/21/16 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...(McGuirk, Kelly) |
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| 23 | 23
misc
Transcript
Thu 11/03 5:02 PM
TRANSCRIPT of Proceedings re: conference held on 10/21/2016 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (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 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/4/2017.(McGuirk, Kelly) |
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| Monday, October 31, 2016 | ||
| 22 | 22
order
Order 1 - Terminate Hearings
Mon 10/31 2:08 PM
ORDER: As discussed with all parties this morning via telephone, the status conference scheduled for today, October 31, 2016, at 1:00 p.m. is adjourned. The parties are to provide the Court with a written status update by the end of the week. (Signed by Judge Katherine B. Forrest on 10/31/2016) (cla) |
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| Wednesday, October 26, 2016 | ||
| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Wed 10/26 7:14 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Airbnb, Inc..(Denerstein, Mylan) |
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| 20 | 20
30+
pgs
respoth
Memorandum of Law in Support (non-motion)
Wed 10/26 7:05 PM
MEMORANDUM OF LAW in Support re:17 Order,,,, . Document filed by Airbnb, Inc..(Denerstein, Mylan) |
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Att: 1
Appendix A - Act,
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Att: 2
Proposed Order,
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Att: 3
Summons
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| 19 | 19
respoth
Declaration in Support (non-motion)
Wed 10/26 6:57 PM
DECLARATION of David Owen in Support re:17 Order,,,,. Document filed by Airbnb, Inc..(Denerstein, Mylan) |
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Att: 1
Exhibit 1 - terms of service,
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Att: 2
Exhibit 2 - responsible hosting,
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Att: 3
Exhibit 3 - NY webpage,
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Att: 4
Exhibit 4 - community compact,
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Att: 5
Exhibit 5 - webpage on data
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| 18 | 18
respoth
Declaration in Support (non-motion)
Wed 10/26 6:49 PM
DECLARATION of Jonathan H. Blavin in Support re:17 Order,,,,. Document filed by Airbnb, Inc..(Denerstein, Mylan) |
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Att: 1
Exhibit A - 6/17/16 Assembly transcript,
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Att: 2
Exhibit B - 5/26/15 letter,
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Att: 3
Exhibit C - Business Insider article,
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Att: 4
Exhibit D - NYLJ article,
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Att: 5
Exhibit E - NY Daily News article,
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Att: 6
Exhibit F - report of Assembly meeting,
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Att: 7
Exhibit G - testimony,
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Att: 8
Exhibit H - 3/9/16 letter,
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Att: 9
Exhibit I - Assembly webpage,
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Att: 10
Exhibit J - City webpage,
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Att: 11
Exhibit K part 1 of 3 - AG report,
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Att: 12
Exhibit K part 2 of 3 - AG report,
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Att: 13
Exhibit K part 3 of 3 - AG report
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| 17 | 17
order
Order
Wed 10/26 5:26 PM
ORDER: The Court notes that it has received certain documents in this action that do not yet appear on the public docket (e.g., the summons and plaintiff's motion for a temporary restraining order and preliminary injunction, as well as the supporting papers). The parties are hereby directed to file on the public docket all documents that have been submitted to the Court to date. Going forward, if the parties wish to file documents under seal or seek to submit documents for in camera review, they must either: 1) Negotiate a protective; or 2) Make a separate application with respect to each document, explaining why such document should be received in such manner. In all events, each time a party files a document under seal, it must file a letter on the public docket noting such submission. The letter filed on the public docket should contain enough information to create a record of all under seal/in camera submissions. This allows the Court and parties to use the docket to locate the dates of certain filings. Of course, such filings on the public docket need not reveal the particular substance of any submissions filed under seal. (Signed by Judge Katherine B. Forrest on 10/26/2016) (cla) |
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| Tuesday, October 25, 2016 | ||
| 16 | 16
order
Order on Motion to Appear Pro Hac Vice
Tue 10/25 5:02 PM
ORDER FOR ADMISSION PRO HAC VICE granting10 Motion for Joshua Patashnik to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 10/25/2016) (cla) |
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| 15 | 15
order
Order ~Util - Set Hearings
Tue 10/25 1:01 PM
ORDER: Lead counsel for all parties shall appear for a conference on Monday, October 31, 2016, at 1:00 p.m. to discuss how this case will proceed. ( Status Conference set for 10/31/2016 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/25/2016) (cla) |
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| Monday, October 24, 2016 | ||
| 14 | 14
order
Memo Endorsement
Mon 10/24 5:23 PM
MEMO ENDORSEMENT on re:12 Letter re: temporary restraining order, filed by City Of New York, Bill De Blasio. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 10/24/2016) (cla) |
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| 13 | 13
order
Stipulation and Order
Mon 10/24 5:22 PM
STIPULATION BETWEEN DEFENDANT ERIC SCHNEIDERMAN AND PLAINTIFF AIRBNB, INC. REGARDING PLAINTIFF'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Airbnb and the State, by their undersigned counsel, that: (i) the State shall not, through its agents, servants, employees, officers or attorneys, enforce the Act, including retroactively from the effective date of the Act, as against Airbnb pending resolution by the district court of Airbnb's application for a preliminary injunction (excluding any motions for reconsideration or reargmnent); and (ii) Airbnb hereby modifies its pending application to exclude the State from the scope of the proposed TRO. Nothing within this Stipulation prevents Airbnb from including the State within the scope of any proposed preliminary or permanent injunction, and Airbnb expressly reserves tbe right to do so. (Signed by Judge Katherine B. Forrest on 10/24/2016) (cla) |
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| 12 | 12
misc
Letter
Mon 10/24 5:01 PM
LETTER addressed to Judge Katherine B. Forrest from Melanie V. Sadok dated October 24, 2016 re: temporary restraining order. Document filed by City Of New York, Bill De Blasio.(Sadok, Melanie) |
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| 11 | 11
notice
Notice of Appearance
Mon 10/24 4:25 PM
NOTICE OF APPEARANCE by Melanie Vogel Sadok on behalf of City Of New York, Bill De Blasio. (Sadok, Melanie) |
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| 10 | 10
motion
Appear Pro Hac Vice
Mon 10/24 3:22 PM
MOTION for Joshua Patashnik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12907764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Airbnb, Inc..(Patashnik, Joshua) |
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Att: 1
Exhibit A - certificate of good standing,
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Att: 2
Proposed Order
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| 9 | 9
motion
Approve
Mon 10/24 2:54 PM
MOTION to Approve stipulation . Document filed by Eric Schneiderman.(Amer, Andrew) |
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Att: 1
Exhibit Stipulation
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| 8 | 8
notice
Notice of Appearance
Mon 10/24 1:03 PM
NOTICE OF APPEARANCE by Mark W. Muschenheim on behalf of City Of New York, Bill De Blasio. (Muschenheim, Mark) |
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| 5 | 5
notice
Notice of Appearance
Mon 10/24 9:17 AM
NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of Eric Schneiderman. (Amer, Andrew) |
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notice
Notice of Case Assignment/Reassignment
Mon 10/24 11:56 AM
NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Naomi Reice Buchwald is no longer assigned to the case. (ad) |
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misc
Notice Regarding Pro Hac Vice Motion
Mon 10/24 3:27 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Joshua Patashnik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12907764. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Saturday, October 22, 2016 | ||
| 4 | 4
notice
Notice (Other)
Sat 10/22 6:50 PM
NOTICE of Letter re TRO Application. Document filed by Airbnb, Inc..(Kushner, Sarah) |
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Att: 1
Exhibit A
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| 3 | 3
notice
Notice of Appearance
Sat 10/22 2:41 PM
NOTICE OF APPEARANCE by Sarah Kushner on behalf of Airbnb, Inc.. (Kushner, Sarah) |
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| Friday, October 21, 2016 | ||
| 7 | 7
order
Order ~Util - Set Deadlines
Mon 10/24 10:54 AM
ORDER. As stated on the record at the conference held October 21, 2016, any opposition papers to the plaintiff's motion for a temporary restraining order shall be filed by Monday, October 24, 2016 at 5:00 p.m. Any reply papers shall be filed by Tuesday, October 25, 2016 at 10:00 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 10/21/2016) (rjm) |
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| 6 | 6
order
Order Admitting Attorney Pro Hac Vice
Mon 10/24 10:50 AM
ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. IT IS HEREBY ORDERED that Applicant Jonathan H. Blavin is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York, and as further set forth in this Order. Attorney Jonathan H. Blavin for Airbnb, Inc. added. (Signed by Judge John G. Koeltl on 8/21/2016) (rjm) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 10/21 3:54 PM
CIVIL COVER SHEET filed. (pc) |
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| 1 | 1
19
pgs
cmp
Complaint
Fri 10/21 3:53 PM
COMPLAINT against City Of New York, Bill De Blasio, Eric Schneiderman. (Filing Fee $ 400.00, Receipt Number 465401164747)Document filed by Airbnb, Inc..(pc) (laq) |
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service
Summons Issued
Fri 10/21 3:54 PM
SUMMONS ISSUED as to City Of New York, Bill De Blasio, Eric Schneiderman. (pc) |
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utility
Case Designation
Fri 10/21 3:55 PM
Magistrate Judge Andrew J. Peck is so designated. (pc) |
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utility
Case Designated ECF
Fri 10/21 3:55 PM
Case Designated ECF. (pc) |
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