Deftbay Inc. v. Xiaohong Xue et al
| California Central District Court | |
| Judge: | Andre Birotte Jr |
| Referred: | John E Mcdermott |
| Case #: | 2:21-cv-04260 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 28:1338 Copyright Infringement |
| Case Filed: | May 21, 2021 |
| Terminated: | Sep 29, 2022 |
| Last checked: Wednesday Nov 17, 2021 12:40 AM PST |
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Counter Claimant
Jing Zhou
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Represented By
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Counter Defendant
Deftbay Inc.
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Represented By
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Defendant
John Does
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Defendant
Qi Shijia
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Defendant
XYZ Corporations
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Defendant
Xiaohong Xue
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Defendant
Jing Zhou
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Represented By
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Plaintiff
Deftbay Inc.
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Represented By
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| Docket last updated: 05/15/2025 11:59 PM PDT |
| Friday, September 30, 2022 | ||
| 49 | 49
misc
Report of Determination of Copyright Action (CLOSE) (AO 121)
Fri 09/30 9:43 AM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (rolm) |
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| Thursday, September 29, 2022 | ||
| 48 | 48
order
Dismissing Case
Fri 09/30 9:25 AM
ORDER FOR DISMISSAL WITH PREJUDICE47 by Judge Andre Birotte Jr. Pursuant to the stipulation of the parties under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS ORDERED THAT THIS ACTION BE, AND HEREBY IS, DISMISSED WITH PREJUDICE as to all claims, counterclaims and causes of action against all parties, with each party to bear its own attorney's fees and costs. Case Terminated. Made JS-6. (rolm) |
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| Friday, September 23, 2022 | ||
| 47 | 47
stip
Dismiss Case
Fri 09/23 1:54 PM
STIPULATION to Dismiss Case pursuant to settlement filed by Plaintiff and cross defendant Deftbay Inc..(Khosravi, Lillian) |
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Att: 1
Proposed Order
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| Tuesday, August 02, 2022 | ||
| 46 | 46
order
Summary Judgment
Tue 08/02 3:33 PM
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR SUMMARY JUDGMENT AS MOOT by Judge Andre Birotte Jr.: Plaintiff Deftbay, Inc., DBA Marche Unique and Defendant Jing Zhou ("Zhou") have filed a notice, indicating that they reached a settlement in this matter and are preparing a written settlement agreement, which will dismiss all defendants and the sole counter-defendant with prejudice45 . In light of this filing, the Court now DENIES AS MOOT Zhou's Motion for Summary Judgment37 . The associated hearing, set for 8/5/2022, is hereby VACATED. Court Reporter: N/A. (gk) |
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| Monday, August 01, 2022 | ||
| 45 | 45
notice
Settlement
Mon 08/01 9:43 PM
NOTICE of Settlement filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| Friday, July 22, 2022 | ||
| 44 | 44
respm
Reply (Motion related)
Fri 07/22 2:16 PM
REPLY Support First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Defendant Jing Zhou, Counter Claimant Jing Zhou.(Wang, Gary) |
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Att: 1
5 pgs
Evidentiary Objections,
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Att: 2
19 pgs
Resp. to Plaintiff Opposition to Uncontroverted Facts
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| Tuesday, July 12, 2022 | ||
| 43 | 43
respm
Statement (Motion related)
Tue 07/12 12:01 AM
STATEMENT of PLAINTIFFS RESPONSE TO DEFENDANT JING ZHOUS STATEMENT OF UNCONTROVERTED FACTS First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| Monday, July 11, 2022 | ||
| 42 | 42
respm
Exhibit to Motion
Mon 07/11 11:57 PM
EXHIBIT A-L to First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Plaintiff Deftbay Inc..(Khosravi, Lillian) |
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Att: 1
Exhibit,
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Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit,
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Att: 10
Exhibit,
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Att: 11
Exhibit,
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Att: 12
Exhibit
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| 41 | 41
5
pgs
respm
Declaration (Motion related)
Mon 07/11 11:52 PM
DECLARATION of Uzoma Ojemeni In support of Plaintiff's Opposition First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 40 | 40
respm
Declaration (Motion related)
Mon 07/11 11:51 PM
DECLARATION of Lillian Khosravi In support of Plaintiff's Opposition First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 39 | 39
18
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respm
Memorandum in Opposition to Motion
Mon 07/11 11:49 PM
MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou 37 filed by Plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| Thursday, July 07, 2022 | ||
| 38 | 38
order
Entry of Default
Thu 07/07 11:27 AM
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT XIAOHONG XUE AND ORDERING PLAINTIFF TO SHOW CAUSE WHY DEFENDANT XIAOHONG XUE SHOULD NOT BE DISMISSED FROM THIS ACTION by Judge Andre Birotte Jr.: The Court DENIES Plaintiff's Request for Entry of Default30 Moreover, since process has not yet been served on Defendant Xue, the Court ORDERS Plaintiff to show cause why Defendant Xue should not be dismissed from this action, by 7/29/2022. Finally, the Court notes that even if Plaintiff establishes that Defendant Xue has been served, and even if the Court enters default against Defendant Xue, the Court is not inclined to enter default judgment against Defendant Xue. This case involves multiple defendants, and Ninth Circuit precedent counsels against entering default judgment in such cases, "until the matter has been adjudicated with regard to all defendants." See document for further details. Court Reporter: N/A. (gk) |
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| Friday, July 01, 2022 | ||
| 37 | 37
motion
Summary Judgment
Fri 07/01 11:32 AM
First NOTICE OF MOTION AND MOTION for Summary Judgment as to for claims against Defendant Zhou filed by Defendant Jing Zhou. Motion set for hearing on 8/5/2022 at 10:00 AM before Judge Andre Birotte Jr. (Wang, Gary) |
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Att: 1
Memorandum Memo of Points and Authorities,
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Att: 2
Declaration Decl. of Zhou,
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Att: 3
Declaration Decl. of Wade,
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Att: 4
Appendix Appendix of Exhibits,
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Att: 5
Exhibit Exhibit A,
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Att: 6
Exhibit Exhibit B,
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Att: 7
Exhibit Exhibit C,
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Att: 8
Exhibit Exhibit D,
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Att: 9
Exhibit Exhibit E,
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Att: 10
Uncontroverted Facts,
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Att: 11
Proposed Order Proposed Judgment
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| Saturday, June 18, 2022 | ||
| 36 | 36
respm
Reply (Motion related)
Sat 06/18 7:07 AM
REPLY Support First REQUEST for Entry of Default against DEFENDANT Xiaohong Xue 30 filed by Plaintiff Deftbay Inc..(Khosravi, Lillian) |
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Att: 1
Declaration DECLARATION OF UZOMA OJEMENI IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT XIAOHONG XUE,
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Att: 2
Declaration DECLARATION OF LILLIAN KHOSRAVI IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT XIAOHONG XUE
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| Thursday, June 16, 2022 | ||
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textonly
Text Only Scheduling Notice
Thu 06/16 1:21 PM
(IN CHAMBERS) ORDER CONTINUING HEARING RE PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT (DKt. No. 30) by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from June 21, 2022, to July 8, 2022, at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) |
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| Monday, June 13, 2022 | ||
| 34 | 34
respm
Objection/Opposition (Motion related)
Mon 06/13 10:51 AM
Opposition in opposition to Request for Default re: First REQUEST for Entry of Default against DEFENDANT Xiaohong Xue 30 filed by Defendant Jing Zhou, Counter Claimant Jing Zhou.(Wang, Gary) |
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Att: 1
4 pgs
Declaration Decl of Wang
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| Friday, June 10, 2022 | ||
| 33 | 33
adr
Mediation Report (ADR-3) Unable to Reach Agreement
Fri 06/10 3:52 PM
MEDIATION REPORT Filed by Mediator (ADR Panel) Marc D Alexander: Mediation held on June 6, 2022. The parties are unable to reach an agreement at this time. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link:[LINK:MediationParticipantSurvey] (Alexander, Marc) |
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| Friday, June 03, 2022 | ||
| 32 | 32
notice
Notice (Other)
Fri 06/03 2:58 PM
NOTICE Intent to Oppose Request for Default of a Co-defendant filed by defendant Jing Zhou. (Wang, Gary) |
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| 31 | 31
notice
Deficiency - Default /Default Judgment (CV-52b) - optional html form
Fri 06/03 9:58 AM
NOTICE OF DEFICIENCY Re: Request for Entry of Default against Defendant Xiaohong Xue30 . The Clerk cannot enter the requested relief as: A clerk lacks authority to place defendant into default based upon foreign service. The Request lacks a formally noticed hearing date, however, the filer has placed this matter on calendar for 6/21/2022 at 8:30 AM before the judge. Request for Entry of Default has been forwarded to the assigned Judge. (gk) |
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| Thursday, June 02, 2022 | ||
| 30 | 30
motion
Default
Thu 06/02 8:29 PM
First REQUEST for Entry of Default against DEFENDANT Xiaohong Xue filed by plaintiff Deftbay Inc.. Request set for hearing on 6/21/2022 at 08:30 AM before Judge Andre Birotte Jr. (Khosravi, Lillian) |
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Att: 1
Exhibit
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| Wednesday, December 08, 2021 | ||
| 29 | 29
adr
Notice of Assignment of Panel Mediator (ADR-11)
Wed 12/08 7:48 AM
NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Marc D Alexander has been assigned to serve as Panel Mediator. (lst) |
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| Saturday, November 06, 2021 | ||
| 28 | 28
adr
Stipulation Regarding Selection of Panel Mediator (Assigned) - (ADR-2)
Sat 11/06 8:02 AM
STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Intellectual Property and E-commerce. Filed by Plaintiff Deftbay Inc. (Khosravi, Lillian) |
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| Wednesday, October 06, 2021 | ||
| 27 | 27
order
Scheduling Order ~Util - Set/Reset Deadlines/Hearings
Thu 10/07 9:30 AM
ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 11/15/2022 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 10/28/2022 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 1/7/2022. Non-Expert Discovery cut-off 7/1/2022. Last Date to Hear Motions 8/5/2022. Deadline to Complete Settlement Conference 8/19/2022. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 10/7/2022. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 10/14/2022. See document for further details. (gk) |
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| 26 | 26
order
Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12)
Wed 10/06 1:19 PM
ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 8/19/2022. (cb) |
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textonly
Text Only Scheduling Notice
Wed 10/06 1:18 PM
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the October 15, 2021, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) |
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| Friday, October 01, 2021 | ||
| 24 | 24
misc
Joint Report Rule 26(f) Discovery Plan
Fri 10/01 11:49 AM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Deftbay Inc...(Khosravi, Lillian) |
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Att: 1
Exhibit A
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| Monday, August 09, 2021 | ||
| 23 | 23
answer
Answer to Complaint (Attorney Civil Case Opening) Answer to Counterclaim
Mon 08/09 9:49 AM
ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim,20 DEFTBAY INC. , ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim,20 filed by Cross-defendant Deftbay Inc..(Khosravi, Lillian) |
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| Thursday, July 22, 2021 | ||
| 22 | 22
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 07/22 9:19 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/15/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb) |
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| Wednesday, July 21, 2021 | ||
| 21 | 21
notice
Certificate/Notice of Interested Parties
Wed 07/21 3:08 PM
NOTICE of Interested Parties filed by defendant and counterclaim plaintiff Jing Zhou, (Wang, Gary) |
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answer
Answer to Complaint (Attorney Civil Case Opening) Counterclaim
Wed 07/21 3:06 PM
ANSWER to Complaint (Attorney Civil Case Opening),1 with JURY DEMAND , COUNTERCLAIM against Deftbay Inc. filed by defendant and counterclaim plaintiff Jing Zhou.(Attorney Gary F Wang added to party Jing Zhou(pty:dft))(Wang, Gary) |
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Att: 1
Exhibit Exh A,
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Att: 2
Exhibit Exh B
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| Friday, May 28, 2021 | ||
| 19 | 19
service
Summons Issued
Fri 05/28 3:40 PM
21-Day Summons Issued re Complaint1 as to Defendant Qi Shijia. (gk) |
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| 18 | 18
service
Summons Issued
Fri 05/28 3:38 PM
21-Day Summons Issued re Complaint1 as to Defendant Xiaohong Xue. (gk) |
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| 17 | 17
service
Summons Issued
Fri 05/28 3:34 PM
21-Day Summons Issued re Complaint1 as to Defendant Jing Zhou. (gk) |
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| Wednesday, May 26, 2021 | ||
| 16 | 16
notice
Summons Request
Wed 05/26 8:00 AM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,13 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 15 | 15
notice
Summons Request
Wed 05/26 7:59 AM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,13 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 14 | 14
notice
Summons Request
Wed 05/26 7:59 AM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,13 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 13 | 13
notice
Deficiency in Summons
Wed 05/26 6:04 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint1 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. Defendant's name and address appear in the space provided for the Plaintiff's or Plaintiff's Attorney's name and address. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) |
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| Tuesday, May 25, 2021 | ||
| 12 | 12
order
Initial Order upon Filing of Complaint - form only
Tue 05/25 9:46 AM
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) |
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| Monday, May 24, 2021 | ||
| 11 | 11
notice
Certificate/Notice of Interested Parties
Mon 05/24 5:47 PM
NOTICE of Interested Parties filed by Plaintiff Deftbay Inc., identifying Uzoma Ifeadikanwa Ojemeni, Faidat Temiloluwa Ojemeni. (Khosravi, Lillian) |
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| 10 | 10
notice
Summons Request
Mon 05/24 4:22 PM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,6 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 9 | 9
notice
Summons Request
Mon 05/24 4:21 PM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,6 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 8 | 8
notice
Summons Request
Mon 05/24 4:20 PM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,6 filed by plaintiff Deftbay Inc.. (Khosravi, Lillian) |
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| 7 | 7
notice
Deficiency in Attorney Case Opening
Mon 05/24 3:51 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening),1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet, No. 3 - No. 5 Summons should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
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| 6 | 6
notice
Deficiency in Summons
Mon 05/24 3:42 PM
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) |
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| 5 | 5
notice
Deficiency in Attorney Case Opening
Mon 05/24 3:33 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
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| 4 | 4
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 05/24 3:17 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
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| 3 | 3
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 05/24 3:15 PM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John E. McDermott. (lh) |
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| Friday, May 21, 2021 | ||
| 2 | 2
misc
Report on Filing of Copyright Action (Initial Notification) (AO-121)
Fri 05/21 12:47 PM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Deftbay Inc.. (Khosravi, Lillian) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Fri 05/21 12:35 PM
COMPLAINT Receipt No: ACACDC-31337560 - Fee: $402, filed by plaintiff Deftbay Inc.. (Attorney Lillian Hannah Khosravi added to party Deftbay Inc. (pty:bkmov))(Khosravi, Lillian) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit,
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Att: 3
SUMMONS,
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Att: 4
SUMMONS,
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Att: 5
SUMMONS
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