BIGBEN INTERACTIVE S.A. et al v. GOLDBERG et al
| New York Southern District Court | |
| Judge: | Denise L Cote |
| Referred: | Gabriel W Gorenstein |
| Case #: | 1:21-cv-08698 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Oct 22, 2021 |
| Terminated: | Jun 09, 2023 |
| Last checked: Wednesday Apr 20, 2022 5:02 AM EDT |
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Counter Claimant
Greg Costikyan
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Represented By
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Counter Claimant
Eric Goldberg
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Represented By
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Counter Defendant
Bigben Interactive S.A.
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Represented By
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Counter Defendant
Cyanide S.A.S.
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Represented By
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Defendant
Greg Costikyan
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Represented By
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Defendant
Eric Goldberg
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Represented By
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Plaintiff
Bigben Interactive S.A.
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Represented By
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Plaintiff
Cyanide S.A.S.
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, June 09, 2023 | ||
| 35 | 35
1
pgs
order
Order of Discontinuance ~Util - Set Deadlines
Fri 06/09 11:11 AM
ORDER OF DISCONTINUANCE.... It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by August 8, 2023. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.l (2d Cir. 2004). ( Motions due by 8/8/2023.) (Signed by Judge Denise L. Cote on 6/9/2023) (vfr) |
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| Thursday, June 08, 2023 | ||
| 34 | 34
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pgs
misc
Letter
Thu 06/08 5:54 PM
LETTER addressed to Judge Denise L. Cote from Theodore C. Max dated June 8, 2023 re: Settlement in Principle. Document filed by Bigben Interactive S.A., Cyanide S.A.S...(Max, Theodore) |
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| Thursday, May 18, 2023 | ||
| 33 | 33
1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Thu 05/18 10:50 AM
ORDER denying32 Letter Motion for Extension of Time to Complete Discovery. The parties are referred to the 2/22/23 endorsement. The May 17 application is denied. (Signed by Judge Denise L. Cote on 5/18/2023) (vfr) |
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| Wednesday, May 17, 2023 | ||
| 32 | 32
motion
Extension of Time to Complete Discovery
Wed 05/17 7:29 PM
CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Denise L. Cote from Theodore C. Max dated May 17, 2023. Document filed by Bigben Interactive S.A., Cyanide S.A.S., Nacon S.A...(Max, Theodore) |
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| Wednesday, February 22, 2023 | ||
| 31 | 31
1
pgs
order
Order on Motion for Extension of Time
Wed 02/22 3:53 PM
ORDER granting30 Letter Motion for Extension of Time. The parties may, on consent, extend fact discovery into the expert discovery period. The June 16 date for a summary judgment motion or pretrial order remains firm. (Signed by Judge Denise L. Cote on 2/22/2023) (va) |
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| 30 | 30
motion
Extension of Time
Wed 02/22 1:35 PM
JOINT LETTER MOTION for Extension of Time to complete Fact Discovery addressed to Judge Denise L. Cote from Theodore C. Max dated February 22, 2023. Document filed by Bigben Interactive S.A., Cyanide S.A.S., Nacon S.A...(Max, Theodore) |
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Att: 1
Text of Proposed Order Proposed Revised Pretrial Scheduling Order
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utility
Set/Reset Deadlines
Wed 02/22 3:53 PM
Set/Reset Deadlines: Fact Discovery due by 6/16/2023. (va) |
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| Friday, July 15, 2022 | ||
| 29 | 29
order
Scheduling Order
Fri 07/15 4:39 PM
PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on July 15, 2022, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1. All fact discovery must be completed by March 17, 2023. 2. Expert reports and disclosure of expert testimony conforming to the requirements of Rule 26(a) (2) (B), Fed. R. Civ. P., by the party bearing the burden on an issue must be served by April 7, 2023. Identification of rebuttal experts and disclosure of their expert testimony must occur by April 28, 2023. 3. All discovery must be completed by May 19, 2023. 4. The following motion will be served by the dates indicated below. Motion for Summary Judgment: Motion served by June 16, 2023 Opposition served by July 7, 2023 Reply served by July 21, 2023. 5. In the event no motion is filed, the Joint Pretrial Order must be filed by June 16, 2023. As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: Voir Dire, Requests to Charge and a Memorandum of Law addressing all questions of law expected to arise at trial. Any responsive papers are due one week thereafter. In the event a party does not file a Memorandum of Law, a responsive Memorandum of Law should not be submitted unless in reply to an unanticipated legal argument in the other party's Memorandum of Law. SO ORDERED. Fact Discovery due by 3/7/2023. Discovery due by 5/19/2023. Pretrial Order due by 6/16/2023. (Signed by Judge Denise L. Cote on 7/15/2022) (kv) |
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minutes
Pretrial Conference - Initial
Mon 08/01 5:05 PM
Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 7/15/2022. (jwh) |
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| Friday, July 08, 2022 | ||
| 28 | 28
misc
Proposed Scheduling Order
Fri 07/08 1:33 PM
PROPOSED SCHEDULING ORDER. Document filed by Greg Costikyan, Eric Goldberg..(Whitney, Craig) |
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| Friday, June 17, 2022 | ||
| 27 | 27
1
pgs
order
Order on Motion to Adjourn Conference
Fri 06/17 7:44 PM
ORDER: granting26 Letter Motion to Adjourn Conference. The conference is adjourned to July 15 at 3:30 p.m. Initial Conference set for 7/15/2022 at 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/17/2022) (ama) |
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| 26 | 26
motion
Adjourn Conference
Fri 06/17 5:09 PM
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Theodore C. Max dated June 17, 2022. Document filed by Bigben Interactive S.A., Cyanide S.A.S...(Max, Theodore) |
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| Monday, May 16, 2022 | ||
| 25 | 25
answer
Answer to Counterclaim
Mon 05/16 11:31 PM
ANSWER to23 Counterclaim. Document filed by Bigben Interactive S.A., Cyanide S.A.S., Nacon S.A...(Max, Theodore) |
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| Tuesday, May 10, 2022 | ||
| 24 | 24
notice
Notice of Appearance
Tue 05/10 3:44 PM
NOTICE OF APPEARANCE by Hyo Jin Paik on behalf of Bigben Interactive S.A., Cyanide S.A.S., Nacon S.A...(Paik, Hyo) |
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| Thursday, May 05, 2022 | ||
| 23 | 23
answer
Answer to Amended Complaint Counterclaim
Thu 05/05 3:14 PM
ANSWER to20 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Bigben Interactive S.A., Cyanide S.A.S., Nacon S.A.. Document filed by Eric Goldberg, Greg Costikyan..(Whitney, Craig) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Friday, April 29, 2022 | ||
| 22 | 22
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 04/29 6:39 PM
ORDER granting21 Letter Motion for Extension of Time to File Response/Reply re21 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to11 Answer to Complaint, Counterclaim addressed to Judge Denise L. Cote from Craig B. Whitney dated April 29, 2022. Granted. (Signed by Judge Denise L. Cote on 4/29/2022) (tg) |
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| 21 | 21
motion
Extension of Time to File Response/Reply
Fri 04/29 3:19 PM
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to11 Answer to Complaint, Counterclaim addressed to Judge Denise L. Cote from Craig B. Whitney dated April 29, 2022. Document filed by Greg Costikyan, Eric Goldberg..(Whitney, Craig) |
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utility
Set/Reset Deadlines
Fri 04/29 6:43 PM
Set/Reset Deadlines: Bigben Interactive S.A. answer due 5/16/2022; Cyanide S.A.S. answer due 5/16/2022. (tg) |
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| Thursday, April 21, 2022 | ||
| 20 | 20
cmp
Amended Complaint
Thu 04/21 8:07 PM
FIRST AMENDED COMPLAINT amending1 Complaint against Greg Costikyan, Eric Goldberg with JURY DEMAND.Document filed by Cyanide S.A.S., Bigben Interactive S.A., Nacon S.A.. Related document:1 Complaint..(Max, Theodore) |
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| Tuesday, April 19, 2022 | ||
| 19 | 19
notice
Notice of Appearance
Tue 04/19 10:56 AM
NOTICE OF APPEARANCE by Ashley Kirsten Alger on behalf of Greg Costikyan, Eric Goldberg..(Alger, Ashley) |
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| Monday, April 18, 2022 | ||
| 18 | 18
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pgs
order
Order
Mon 04/18 6:33 PM
ORDER: This case has been reassigned to me for all purposes. On November 23, 2021 the above captioned case was referred to Magistrate Judge Gabriel W. Gorenstein for general pretrial purposes. It is hereby ORDERED that the general pretrial referral is vacated. SO ORDERED. (Signed by Judge Denise L. Cote on 4/18/2022) (ama) |
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| Friday, April 15, 2022 | ||
| 17 | 17
2
pgs
order
Order for Initial Pretrial Conference
Fri 04/15 5:13 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/30/2022 at 2:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/15/2022) (vfr) |
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| Sunday, April 10, 2022 | ||
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notice
Notice of Case Assignment/Reassignment
Sun 04/10 4:12 PM
NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Alison J. Nathan is no longer assigned to the case. (vba) |
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| Friday, April 01, 2022 | ||
| 16 | 16
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 04/01 3:50 PM
ORDER: granting15 Letter Motion for Extension of Time to File Response/Reply re15 LETTER MOTION for Extension of Time to File Response/Reply as to11 Answer to Complaint, Counterclaim. addressed to Magistrate Judge Gabriel W. Gorenstein from Theodore C. Max dated April 1, 2022. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2022) (ama) |
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| 15 | 15
motion
Extension of Time to File Response/Reply
Fri 04/01 12:46 PM
LETTER MOTION for Extension of Time to File Response/Reply as to11 Answer to Complaint, Counterclaim addressed to Magistrate Judge Gabriel W. Gorenstein from Theodore C. Max dated April 1, 2022. Document filed by Bigben Interactive S.A., Cyanide S.A.S...(Max, Theodore) |
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utility
Set/Reset Deadlines
Fri 04/01 3:52 PM
Set/Reset Deadlines: Responses due by 5/2/2022 (ama) |
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| Thursday, March 24, 2022 | ||
| 14 | 14
order
Scheduling Order
Thu 03/24 11:16 AM
SCHEDULING ORDER: Plaintiffs Bigben Interactive S.A. ("Bigben") and Cyanide, S.A.S. ("Cyanide") (collectively, "Plaintiffs") and Defendants Eric Goldberg ("Goldberg") and Greg Costikyan ("Costikyan") (collectively, "Defendants"), having conferred as required by Rule 26(f) of the Federal Rules of Civil Procedure, hereby jointly submit the proposed scheduling Order, in accordance with this Court's March 14, 2022 Order. Proposed schedule: The parties' Rule 26(a)(1) initial disclosures will be exchanged on or before April 4, 2022.Deadline for joining parties or filing amended pleadings shall be April 21, 2022, except for good cause shown.As set forth below, the parties jointly request hat the remaining case deadlines be set following the parties' attempt at an early mediation. The parties propose updating the Court on the status of mediation efforts by June 22, 2022. If there is no settlement, the parties shall file a letter by June 22, 2022, proposing a schedule as described in Docket #12. As further set forth by this Order. Amended Pleadings due by 4/21/2022. Joinder of Parties due by 4/21/2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/24/2022) (tg) |
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minutes
Pretrial Conference - Initial
Thu 03/24 10:49 AM
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 3/24/2022. (cf) |
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| Tuesday, March 22, 2022 | ||
| 13 | 13
misc
Proposed Scheduling Order
Tue 03/22 7:09 PM
PROPOSED SCHEDULING ORDER. Document filed by Greg Costikyan, Eric Goldberg..(Whitney, Craig) |
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| Monday, March 14, 2022 | ||
| 12 | 12
4
pgs
order
Order for Initial Pretrial Conference
Mon 03/14 3:41 PM
ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference by telephone pursuant to Fed. R. Civ. P. 16(a), on March 24, 2022, at 10:00 a.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. As described below, the parties must also file a proposed scheduling order two business days before the conference date, or March 22, 2022. When addressing the Court, counsel must not use a speakerphone. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 3/24/2022 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2022) (ama) |
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| Friday, March 11, 2022 | ||
| 11 | 11
answer
Answer to Complaint Counterclaim
Fri 03/11 4:02 PM
ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Bigben Interactive S.A., Cyanide S.A.S.. Document filed by Greg Costikyan, Eric Goldberg..(Whitney, Craig) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Tuesday, February 08, 2022 | ||
| 10 | 10
respoth
Declaration (non-motion)
Tue 02/08 2:45 PM
DECLARATION of Theodore C. Max re:6 Order to Show Cause,, . Document filed by Bigben Interactive S.A., Cyanide S.A.S...(Max, Theodore) |
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| Monday, February 07, 2022 | ||
| 9 | 9
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 02/07 3:42 PM
ORDER: granting8 Letter Motion for Extension of Time to Answer re8 JOINT LETTER MOTION for Extension of Time to File Answer re:1 Complaint. addressed to Magistrate Judge Gabriel W. Gorenstein from Craig B. Whitney dated February 7, 2022. The deadline to respond to the complaint is extended to March 11, 2022. SO ORDERED. Greg Costikyan answer due 3/11/2022; Eric Goldberg answer due 3/11/2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/07/2022) (ama) |
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| 8 | 8
motion
Extension of Time to File Answer
Mon 02/07 1:14 PM
JOINT LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Craig B. Whitney dated February 7, 2022. Document filed by Greg Costikyan, Eric Goldberg..(Whitney, Craig) |
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| Tuesday, January 25, 2022 | ||
| 7 | 7
service
Affidavit of Service Complaints
Tue 01/25 1:18 PM
AFFIDAVIT OF SERVICE. Greg Costikyan served on 1/20/2022, answer due 2/10/2022; Eric Goldberg served on 1/20/2022, answer due 2/10/2022. Document filed by Bigben Interactive S.A.; Cyanide S.A.S...(Max, Theodore) |
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| 6 | 6
2
pgs
order
Order to Show Cause
Tue 01/25 12:48 PM
ORDER TO SHOW CAUSE: Accordingly, plaintiffs are hereby ordered to show cause why this case should not be dismissed under Rule 4(m) of the Federal Rules of Civil Procedure or Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Such showing shall be made by affidavit or declaration filed on or before February 8, 2022. Plaintiffs are warned that failure to comply with this Order may in itself result in dismissal of this action. SO ORDERED. Show Cause Response due by 2/8/2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/25/2022) (ama) |
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| Tuesday, November 23, 2021 | ||
| 5 | 5
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 11/23 12:03 PM
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/2021) (jca) |
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| Monday, October 25, 2021 | ||
| 4 | 4
misc
Civil Cover Sheet
Mon 10/25 1:26 PM
CIVIL COVER SHEET filed..(Max, Theodore) |
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| 3 | 3
service
Summons Issued
Mon 10/25 1:16 PM
ELECTRONIC SUMMONS ISSUED as to Greg Costikyan, Eric Goldberg. (sj) |
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misc
Notice to Attorney Regarding Party Modification
Mon 10/25 1:05 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Theodore Conrad Max. The party information for the following party/parties has been modified: Bigben Interactive S.A., Cyanide S.A.S., Eric Goldberg. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Mon 10/25 1:06 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Theodore Conrad Max. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
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notice
Case Opening Initial Assignment Notice
Mon 10/25 1:13 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(sj) |
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utility
Case Designation
Mon 10/25 1:14 PM
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sj) |
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utility
Case Designated ECF
Mon 10/25 1:14 PM
Case Designated ECF. (sj) |
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| Friday, October 22, 2021 | ||
| 2 | 2
service
Request for Issuance of Summons
Fri 10/22 5:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Eric Goldberg and Greg Costikyan, re:1 Complaint. Document filed by BIGBEN INTERACTIVE S.A., CYANIDE S.A.S...(Max, Theodore) |
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| 1 | 1
16
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cmp
Complaint
Fri 10/22 5:19 PM
COMPLAINT against Greg Costikyan, ERIC GOLDBERG. (Filing Fee $ 402.00, Receipt Number ANYSDC-25234703)Document filed by BIGBEN INTERACTIVE S.A., CYANIDE S.A.S...(Max, Theodore) |
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