Livingstone v. Tough Mudder Incorporated et al
| New York Eastern District Court | |
| Judge: | Dora Lizette Irizarry |
| Referred: | Sanket J Bulsara |
| Case #: | 1:19-cv-00839 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Feb 12, 2019 |
| Terminated: | Apr 17, 2020 |
| Last checked: Sunday Aug 11, 2019 5:25 AM EDT |
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Defendant
Active Network, LLC
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Represented By
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Defendant
Tough Mudder Incorporated
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Represented By
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Plaintiff
Guy D Livingstone
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Represented By
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GPO
Apr 17 2020
ORDER granting 41 Motion to Stay --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Defendant Active Network, LLC's unopposed motion to stay pursuant to 11 U.S.C. Section 362 is granted. Accordingly, the litigation is stayed in its entirety and is administratively closed with leave to move to reopen within thirty (30) days of the conclusion of the Bankruptcy Action. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 4/17/2020. (Irizarry, Dora) |
| Docket last updated: 11 hours ago |
| Friday, April 17, 2020 | ||
| 43 | 43
4
pgs
order
Order on Motion to Stay
Fri 04/17 12:30 PM
ORDER granting41 Motion to Stay --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Defendant Active Network, LLC's unopposed motion to stay pursuant to 11 U.S.C. Section 362 is granted. Accordingly, the litigation is stayed in its entirety and is administratively closed with leave to move to reopen within thirty (30) days of the conclusion of the Bankruptcy Action. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 4/17/2020. (Irizarry, Dora) |
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utility
Incomplete ACO Case Termination/Statistical/Non Reportable Closing
Mon 04/20 6:32 PM
Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (Layne, Monique) |
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| Wednesday, April 15, 2020 | ||
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order
Order(Other)
Wed 04/15 11:14 AM
ORDER: The close of discovery is extended pending resolution of the motion to stay41 . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/15/2020. (Guo, Alicia) |
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| Wednesday, February 05, 2020 | ||
| 42 | 42
1
pgs
respm
Response to Motion
Wed 02/05 4:36 PM
RESPONSE to Motion re41 MOTION to Stay re Status Conference,, filed by Guy D Livingstone. (Munoz, Michael) |
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| Friday, January 24, 2020 | ||
| 41 | 41
motion
Stay
Fri 01/24 5:13 PM
MOTION to Stay re Status Conference,, by Active Network, LLC. (Marshall, Edward) |
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Att: 1
Exhibit Agreement (redacted),
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Att: 2
Exhibit B - Interrogatories,
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Att: 3
Exhibit C - Request for Production,
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Att: 4
Exhibit D - Request for Admission
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| Tuesday, January 14, 2020 | ||
| 40 | 40
service
Affidavit of Service
Tue 01/14 11:09 AM
AFFIDAVIT of Service for Motion to Withdraw as Counsel served on Tough Mudder, Inc. on December 20, 2019, filed by Tough Mudder Incorporated. (Weiss, Jed) |
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minutes
Status Conference
Tue 01/14 3:27 PM
Minute Entry and Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person Status Conference was held on 1/14/2020. Counsel for all sides were present, but a client representative for Tough Mudder Incorporated was not present. The Court reserves decision on the motion to withdraw pending lifting of the bankruptcy stay. Any letter briefs on the non-debtor stay shall be filed by 1/24/2020 . Any response from Plaintiff shall be filed by 2/05/2020 . Letter briefs are not to exceed 5 pages. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/14/2020. (FTR Log #2:31-2:52.) (Guo, Alicia) |
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| Friday, January 10, 2020 | ||
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order
Order(Other)
Fri 01/10 11:43 AM
ORDER: The status conference scheduled for 1/14/2020 will proceed as scheduled. The parties should be prepared at the 1/14/2020 motion to withdraw conference to provide the Court with an update of the status of the involuntary bankruptcy petition. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/10/2020. (Guo, Alicia) |
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| Tuesday, January 07, 2020 | ||
| 39 | 39
10
pgs
misc
Letter
Tue 01/07 4:57 PM
Letter to the Honorable Judge Irizarry from Jed M. Weiss, Esq. re TMI's Involuntary Chapter 11 and January 14, 2020 Conference by Tough Mudder Incorporated (Weiss, Jed) |
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| Thursday, December 26, 2019 | ||
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order
Scheduling Order
Thu 12/26 1:12 PM
SCHEDULING ORDER: In light of the Motion to Withdraw38 , an in person Status Conference will be held on 1/14/2020 at 2:30 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The attorney and a client representative for Tough Mudder Incorporated must appear at the hearing in person. Other parties may but are not required to attend. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/26/2019. (Guo, Alicia) |
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| Friday, December 20, 2019 | ||
| 38 | 38
2
pgs
motion
Withdraw as Attorney
Fri 12/20 3:11 PM
MOTION to Withdraw as Attorney by Tough Mudder Incorporated. (Weiss, Jed) |
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Att: 1
5 pgs
Affidavit Of Jed Weiss
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| Tuesday, December 03, 2019 | ||
| 37 | 37
notice
Notice of Appearance
Tue 12/03 3:17 PM
NOTICE of Appearance by Edward A. Marshall on behalf of Active Network, LLC (notification declined or already on case) (Marshall, Edward) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 12/03 11:14 AM
ORDER: The Motion of Edward A. Marshall for Leave to Appear Pro Hac Vice36 is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/3/2019. (Manson, Eddie) |
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| Monday, December 02, 2019 | ||
| 36 | 36
motion
Appear Pro Hac Vice
Mon 12/02 11:58 AM
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12114354. by Active Network, LLC. (Marshall, Edward) |
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Att: 1
Affidavit of Edward A. Marshall and Certificate of Good Standing
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| Monday, November 25, 2019 | ||
| 35 | 35
respoth
Answer to Complaint (Notice of Removal)
Mon 11/25 2:28 PM
ANSWER to Complaint (Notice of Removal) /Answer to Second Amended Complaint and Affirmative Defenses by Tough Mudder Incorporated. (Weiss, Jed) |
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| Thursday, November 21, 2019 | ||
| 34 | 34
misc
Stipulation
Thu 11/21 7:50 PM
STIPULATION That Active Network, LLC Need Not Respond To The Second Amended Complaint by Active Network, LLC (Tonrey, James) |
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| Monday, November 18, 2019 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Mon 11/18 9:56 AM
ORDER: The Motion for Extension of Time to Complete Discovery32 is granted. The deadline to complete fact discovery is extended to 3/13/2020 . The deadline to complete all discovery is extended to 5/08/2020 . The final date to take the first step in dispositive motion practice is 6/05/2020 . So Ordered by Magistrate Judge Sanket J. Bulsara on 11/18/2019. (Guo, Alicia) |
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order
Order on Motion for Leave to File
Mon 11/18 11:33 AM
ORDER: The Motion for Leave to File Document33 is denied. Plaintiff has filed a letter seeking leave to file a summary judgment motion. The deadline in the current scheduling order, 6/05/2020, is the last day to take the first step in dispositive motion practice, i.e. the final date on which the parties must file a request for a pre-motion conference with Judge Irizarry consistent with her Individual Practices. A party may seek leave earlier than 6/05/2020. However, a party will not be permitted to file multiple or successive motions for summary judgment. For example, should Plaintiff file a partial motion for summary judgment now, he will not be permitted to make another motion following the close of discovery. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/18/2019. (Guo, Alicia) |
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| Friday, November 15, 2019 | ||
| 33 | 33
motion
Leave to File Document
Fri 11/15 4:29 PM
Letter MOTION for Leave to File Document by Guy D Livingstone. (Munoz, Michael) |
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| 32 | 32
motion
Discovery
Fri 11/15 3:03 PM
Letter MOTION for Discovery |
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| Monday, November 11, 2019 | ||
| 31 | 31
cmp
Amended Complaint
Mon 11/11 5:05 PM
AMENDED COMPLAINT (Second Amended Complaint) against Active Network, LLC, Tough Mudder Incorporated, filed by Guy D Livingstone. (Munoz, Michael) |
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| 30 | 30
misc
Stipulation
Mon 11/11 5:02 PM
STIPULATION of Consent to the Filing of a Second Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2) by Guy D Livingstone (Munoz, Michael) |
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Att: 1
Exhibit Second Amended Complaint
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| Thursday, September 12, 2019 | ||
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minutes
Settlement Conference
Thu 09/12 7:01 PM
Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person Settlement Conference was held on 9/12/2019. Counsel for both sides as well as their clients were present. A settlement was not reached. (Guo, Alicia) |
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| Tuesday, August 13, 2019 | ||
| 29 | 29
notice
Notice(Other)
Tue 08/13 1:51 PM
NOTICE by Active Network, LLC Regarding Settlement Conference (Rosenwasser, Steven) |
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order
1 - Terminate Hearings
Tue 08/13 3:20 PM
ORDER: The settlement conference scheduled for 8/15/2019 is hereby adjourned and will be rescheduled in short order. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/13/2019. (Murphy, Colleen) |
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order
Scheduling Order
Tue 08/13 5:11 PM
SCHEDULING ORDER: The settlement conference is hereby rescheduled for 9/12/2019 at 3:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The Court will separately communicate logistical information to Defendants, who are appearing via videoconference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/13/2019. (Murphy, Colleen) |
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| Friday, May 31, 2019 | ||
| 28 | 28
order
Scheduling Order
Fri 05/31 2:58 PM
SCHEDULING ORDER: The parties shall submit a joint certification that discovery has been completed by 3/27/2020 . Other deadlines set based on parties' submitted joint discovery worksheet and are reflected in the attached order. An in-person settlement conference will be held on 8/15/2019 at 10:30 A.M. before Magistrate Judge Bulsara in Courtroom 324N. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chambers email no later than three days before 8/15/2019 . Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Courts website. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/31/2019. (Manson, Eddie) |
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minutes
Initial Conference Hearing
Fri 05/31 2:44 PM
Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 5/31/2019. Counsel for both parties were present. (See separate docket entry for orders issuing from this proceeding.)(FTR Log #10:36-10:50:29.) (Manson, Eddie) |
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| Wednesday, May 29, 2019 | ||
| 27 | 27
misc
Letter
Wed 05/29 10:00 AM
Letter (Joint) re: Discovery Plan Worksheet by Guy D Livingstone (Munoz, Michael) |
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| Monday, April 01, 2019 | ||
| 26 | 26
notice
Notice of Appearance
Mon 04/01 10:46 AM
NOTICE of Appearance by Fredric J Bold, Jr on behalf of Active Network, LLC (aty to be noticed) (Bold, Fredric) |
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| Friday, March 29, 2019 | ||
| 25 | 25
notice
Notice of Appearance
Fri 03/29 2:02 PM
NOTICE of Appearance by Steven Jason Rosenwasser on behalf of Active Network, LLC (aty to be noticed) (Rosenwasser, Steven) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/29 12:04 PM
ORDER: The Motion of Steven J. Rosenwasser for Leave to Appear Pro Hac Vice20 is granted. The attorney shall register for ECF, which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 3/29/2019. (Murphy, Colleen) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/29 12:05 PM
ORDER: The Motion of Rick Bold for Leave to Appear Pro Hac Vice21 is granted. The attorney shall register for ECF, which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 3/29/2019. (Murphy, Colleen) |
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| Thursday, March 28, 2019 | ||
| 24 | 24
notice
Notice(Other)
Thu 03/28 4:03 PM
NOTICE by Active Network, LLC (Affidavit of Rick J. Bold, Esq. In Support Of Motion For Admission Pro Hac Vice Containing Certificate of Good Standing) (Tonrey, James) |
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| 23 | 23
notice
Notice(Other)
Thu 03/28 4:01 PM
NOTICE by Active Network, LLC (Affidavit of Steven J. Rosenwasser, Esq., In Support Of Motion For Admission Pro Hac Vice, Containing Attached Certificate of Good Standing) (Tonrey, James) |
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order
Order(Other)
Thu 03/28 3:40 PM
ORDER: Deferring ruling on DKT No.20 and21 Motion for Leave to Appear Pro Hac Vice as to counsel Steven Rosenwasser, Esq., and Fredric J. Bold Jr.,Esq. Revised Local Civil Rule 1.3 (c) requires that an attorney seeking to be admitted pro hac vice must; (1) state in the affidavit whether he/she has been the subject of a disciplinary sanction or criminal conviction; (2) must file a certificate of good standing issued within 30 days. Counsel are directed to file their certificate of good standing forthwith. Counsel shall use the event titled Notice Other on ECF to file their certificate of good standing . So Ordered by Magistrate Judge Sanket J. Bulsara on 3/28/2019. (Manson, Eddie) |
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| Wednesday, March 27, 2019 | ||
| 22 | 22
service
Affidavit of Service
Wed 03/27 5:20 PM
AFFIDAVIT of Service for Motions For Admission Pro Hac Vice By Steven J. Rosenwasser, Esq. and Fredric J. Bold, Esq. served on Michael M. Munoz, Esq., Jed Weiss, Esq. on March 27, 2019, filed by Active Network, LLC. (Tonrey, James) |
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| 21 | 21
motion
Appear Pro Hac Vice
Wed 03/27 4:37 PM
MOTION to Appear Pro Hac Vice By Rick Bold, Esq. Filing fee $ 150, receipt number ANYEDC-11326854. by Active Network, LLC. (Tonrey, James) |
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Att: 1
Affidavit of Rick Bold, Esq. In Support Of Application for Admission Pro Hac Vice
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| 20 | 20
motion
Appear Pro Hac Vice
Wed 03/27 4:29 PM
MOTION to Appear Pro Hac Vice by Steven J. Rosenwasser, Esq. Filing fee $ 150, receipt number ANYEDC-11326696. by Active Network, LLC. (Tonrey, James) |
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Att: 1
Affidavit of Steven J. Rosenwasser, Esq. In Support of Motion For Admission Pro Hac Vice
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| Friday, March 22, 2019 | ||
| 19 | 19
misc
Affidavit/Affirmation
Fri 03/22 4:11 PM
AFFIDAVIT/AFFIRMATION re11 Scheduling Order,,, on Tough Mudder by Guy D Livingstone (Munoz, Michael) |
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| 18 | 18
misc
Affidavit/Affirmation
Fri 03/22 4:06 PM
AFFIDAVIT/AFFIRMATION re11 Scheduling Order,,, on Active Network LLC by Guy D Livingstone (Munoz, Michael) |
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| Wednesday, March 20, 2019 | ||
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order
~Util - Add and Terminate Attorneys
Wed 03/20 12:54 PM
ORDER: The request to withdraw15 is granted. Attorney Alex Lyubarsky is hereby terminated from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/20/2019. (Murphy, Colleen) |
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| Tuesday, March 19, 2019 | ||
| 17 | 17
misc
Corporate Disclosure Statement
Tue 03/19 4:43 PM
Corporate Disclosure Statement by Tough Mudder Incorporated (Weiss, Jed) |
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| 16 | 16
notice
Notice of Appearance
Tue 03/19 1:25 PM
NOTICE of Appearance by James Edward Tonrey, Jr on behalf of Active Network, LLC (aty to be noticed) (Tonrey, James) |
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| 15 | 15
notice
Notice(Other)
Tue 03/19 12:59 PM
NOTICE by Active Network, LLC WITHDRAWAL OF APPEARANCE (Lyubarsky, Alex) |
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| Monday, March 18, 2019 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Mon 03/18 6:28 PM
Corporate Disclosure Statement by Active Network, LLC identifying Corporate Parent Global Payments Inc. for Active Network, LLC. (Lyubarsky, Alex) |
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| 13 | 13
answer
Answer to Amended Complaint
Mon 03/18 6:19 PM
ANSWER to6 Amended Complaint by Active Network, LLC. (Lyubarsky, Alex) |
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| 12 | 12
answer
Answer to Amended Complaint
Mon 03/18 12:24 PM
ANSWER to6 Amended Complaint by Tough Mudder Incorporated. (Weiss, Jed) |
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| Tuesday, March 12, 2019 | ||
| 11 | 11
order
Scheduling Order
Tue 03/12 6:08 PM
SCHEDULING ORDER: An in-person initial conference will be held at 10:30 A.M. on 5/31/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Plaintiff is directed to notify Defendant of this scheduling order at the time that Defendant makes an appearances with in this matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 5/31/2019 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/12/2019. (Manson, Eddie) |
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| Friday, March 08, 2019 | ||
| 10 | 10
misc
Affidavit/Affirmation
Fri 03/08 1:05 PM
AFFIDAVIT/AFFIRMATION re6 Amended Complaint on Active Network by Guy D Livingstone (Munoz, Michael) |
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| 9 | 9
misc
Affidavit/Affirmation
Fri 03/08 1:01 PM
AFFIDAVIT/AFFIRMATION re6 Amended Complaint on Tough Mudder by Guy D Livingstone (Munoz, Michael) |
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| Monday, March 04, 2019 | ||
| 8 | 8
service
Summons Returned Executed
Mon 03/04 11:51 AM
SUMMONS Returned Executed by Guy D Livingstone. Tough Mudder Incorporated served on 2/25/2019, answer due 3/18/2019. (Munoz, Michael) |
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| 7 | 7
service
Summons Returned Executed
Mon 03/04 11:48 AM
SUMMONS Returned Executed by Guy D Livingstone. Active Network, LLC served on 2/25/2019, answer due 3/18/2019. (Munoz, Michael) |
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| Tuesday, February 26, 2019 | ||
| 6 | 6
16
pgs
cmp
Amended Complaint
Tue 02/26 3:20 PM
AMENDED COMPLAINT against All Defendants, filed by Guy D Livingstone. (Munoz, Michael) |
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| Wednesday, February 13, 2019 | ||
| 5 | 5
notice
Notice of Change of Address/Firm/Email
Wed 02/13 4:14 PM
NOTICE of Change of Law Firm, Address & Email (Munoz, Michael) |
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| Tuesday, February 12, 2019 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 02/12 2:38 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 02/12 2:37 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| 2 | 2
service
Summons Issued
Tue 02/12 2:37 PM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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Att: 1
Active summons
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| 1 | 1
cmp
Complaint
Tue 02/12 12:54 PM
COMPLAINT against Tough Mudder Incorporated, Active Network, LLC; filing fee $ 400, receipt number ANYEDC-11191382 - filed by Guy D Livingstone. (Munoz, Michael) Modified. Modified on 2/12/2019 (Bowens, Priscilla) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons
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utility
Case Assigned/Reassigned
Tue 02/12 2:34 PM
Case assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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