Viant Technology Holding Inc. v. Vanderhook et al
| New York Southern District Court | |
| Judge: | J Paul Oetken |
| Case #: | 1:23-cv-01347 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Feb 16, 2023 |
| Terminated: | Apr 17, 2024 |
| Last checked: Wednesday Aug 16, 2023 5:01 AM EDT |
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Defendant
Chris Vanderhook
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Represented By
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Defendant
Timothy Vanderhook
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Represented By
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Plaintiff
Viant Technology Holding Inc.
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Represented By
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| Docket last updated: 68 minutes ago |
| Thursday, June 06, 2024 | ||
| 44 | 44
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Thu 06/06 11:39 AM
STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties through their respective undersigned counsel that the above-captioned action is voluntarily dismissed with prejudice pursuant to the Federal Rules of Civil Procedures 41(a)(1)(A)(ii). So ordered. Chris Vanderhook and Timothy Vanderhook terminated. (Signed by Judge J. Paul Oetken on 6/6/2024) (vfr) |
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| Monday, June 03, 2024 | ||
| 43 | 43
misc
Stipulation of Voluntary Dismissal
Mon 06/03 4:55 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Chris Vanderhook, Timothy Vanderhook pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Viant Technology Holding Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Margulies, Michael) |
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| Wednesday, April 17, 2024 | ||
| 42 | 42
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pgs
order
Order of Dismissal
Wed 04/17 2:40 PM
ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and subject to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. All filing deadlines and conference dates are adjourned sine die. (Signed by Judge J. Paul Oetken on 4/17/2024) (ate) |
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| Monday, April 15, 2024 | ||
| 41 | 41
motion
Adjourn Conference
Mon 04/15 12:50 PM
LETTER MOTION to Adjourn Conference and Deadlines and Notice of Settlement in Principle addressed to Judge J. Paul Oetken from Michael D. Margulies, Esq. dated April 15, 2024. Document filed by Viant Technology Holding Inc...(Margulies, Michael) |
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| Wednesday, April 03, 2024 | ||
| 40 | 40
order
Case Management Plan
Wed 04/03 5:56 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Settlement discussions have taken place. Depositions shall be completed by August 30, 2024. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Deposition due by 10/15/2024. Fact Discovery due by 8/30/2024. Expert Discovery due by 10/15/2024. The parties shall file a joint status letter on or before August 30, 2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge J. Paul Oetken on 4/3/2024) (jca) |
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minutes
Pretrial Conference - Initial
Wed 04/03 11:29 AM
Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 4/3/2024. Status letter due by August 30, 2024. (bh) |
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| Friday, March 29, 2024 | ||
| 39 | 39
misc
Proposed Case Management Plan
Fri 03/29 9:46 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| Tuesday, March 19, 2024 | ||
| 38 | 38
order
Order on Motion for Extension of Time to Answer
Tue 03/19 5:58 PM
ORDER granting37 Letter Motion for Extension of Time to Answer: Granted. Defendants shall respond to the complaint on or before April 24, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb) |
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| Monday, March 18, 2024 | ||
| 37 | 37
motion
Extension of Time to File Answer
Mon 03/18 1:00 PM
LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge J. Paul Oetken from Alison L. Plessman dated March 18, 2024. Document filed by Chris Vanderhook, Timothy Vanderhook..(Minchew, Adam) |
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| Wednesday, March 06, 2024 | ||
| 36 | 36
order
Order
Wed 03/06 11:20 AM
ORDER: The initial pretrial conference with the Court scheduled for Wednesday, March 27, 2024 is adjourned to Wednesday, April 3, 2024 at 11:00 a.m. As directed in the Order at ECF No. 35, the parties shall submit a copy of the proposed case management plan at least three business days prior to the date of the conference. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (sc) |
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| Tuesday, March 05, 2024 | ||
| 35 | 35
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pgs
order
Order on Motion for Conference
Tue 03/05 12:20 PM
ORDER granting30 Letter Motion for Conference re:30 FIRST LETTER MOTION for Conference (scheduling of Initial Pretrial Conference) addressed to Judge J. Paul Oetken from Alex Bein dated September 27, 2023. Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on Wednesday, March 27, 2024 at 11:00 a.m. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Court's Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. The Clerk is directed to close ECF No. 30. SO ORDERED.( Initial Conference set for 3/27/2024 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 3/5/24) (yv) |
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| Monday, March 04, 2024 | ||
| 34 | 34
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pgs
order
Memorandum & Opinion
Mon 03/04 12:29 PM
OPINION AND ORDER re:18 MOTION to Dismiss . filed by Timothy Vanderhook, Chris Vanderhook,16 MOTION to Dismiss . filed by Timothy Vanderhook, Chris Vanderhook. For the foregoing reasons, Defendants' motion to dismiss is DENIED. Defendants shall file an answer to the Complaint within 21 days of the date of this opinion and order. The Clerk of Court is directed to close the motions at ECF Numbers 16 and 18. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/4/24) (yv) |
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| Friday, February 09, 2024 | ||
| 33 | 33
order
Order on Motion for Leave to File Document
Fri 02/09 5:26 PM
ORDER denying28 Letter Motion for Leave to File Document: Denied. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (sc) |
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| Tuesday, January 30, 2024 | ||
| 32 | 32
order
Order on Motion to Seal
Tue 01/30 11:26 AM
ORDER granting17 Letter Motion to Seal: Granted. The Clerk of Court is directed to seal Exhibit 5 to the Declaration of Adam F. Minchew in Support of Defendants' Motion to Dismiss. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb) |
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| Friday, September 29, 2023 | ||
| 31 | 31
misc
Letter
Fri 09/29 12:03 PM
LETTER addressed to Judge J. Paul Oetken from Alison L. Plessman dated September 29, 2023 re: Plaintiff's 9/27 Letter Request. Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| Wednesday, September 27, 2023 | ||
| 30 | 30
motion
Conference
Wed 09/27 2:31 PM
FIRST LETTER MOTION for Conference (scheduling of Initial Pretrial Conference) addressed to Judge J. Paul Oetken from Alex Bein dated September 27, 2023. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| Wednesday, July 19, 2023 | ||
| 29 | 29
respm
Response to Motion
Wed 07/19 6:35 PM
LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Alison L. Plessman dated July 19, 2023 re:28 FIRST LETTER MOTION for Leave to File Sur-reply or to strike portions of Defendants' Reply (ECF No. 27) addressed to Judge J. Paul Oetken from Alex Bein dated July 17, 2023. . Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| Monday, July 17, 2023 | ||
| 28 | 28
motion
Leave to File Document
Mon 07/17 3:30 PM
FIRST LETTER MOTION for Leave to File Sur-reply or to strike portions of Defendants' Reply (ECF No. 27) addressed to Judge J. Paul Oetken from Alex Bein dated July 17, 2023. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| Friday, June 30, 2023 | ||
| 27 | 27
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pgs
respm
Memorandum of Law in Support of Motion
Fri 06/30 5:20 PM
MEMORANDUM OF LAW in Support re:16 MOTION to Dismiss . . Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| Thursday, June 08, 2023 | ||
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order
Order on Motion for Extension of Time
Thu 06/08 3:06 PM
ORDER granting25 Letter Motion for Extension of Time: Granted. Defendants reply papers shall be filed on or before June 30, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar) |
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| Tuesday, June 06, 2023 | ||
| 25 | 25
motion
Extension of Time
Tue 06/06 2:13 PM
LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Alison L. Plessman dated June 6, 2023. Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| Friday, June 02, 2023 | ||
| 24 | 24
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pgs
respm
Memorandum of Law in Opposition to Motion
Fri 06/02 3:49 PM
MEMORANDUM OF LAW in Opposition re:16 MOTION to Dismiss . . Document filed by Viant Technology Holding Inc...(Margulies, Michael) |
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| Friday, May 26, 2023 | ||
| 23 | 23
misc
Letter
Fri 05/26 1:21 PM
FIRST LETTER addressed to Judge J. Paul Oetken from Alex Bein dated May 26, 2023 re: Notice Pursuant to Individual Rule 3.D.ii. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| Thursday, May 25, 2023 | ||
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order
Order on Motion for Extension of Time
Thu 05/25 11:57 AM
ORDER granting21 Letter Motion for Extension of Time: Granted. The parties shall submit a joint case management plan, pursuant to Judge Oetken's individual rules, at least three days prior to the initial pre trial conference, should one be deemed necessary. The scheduling of the IPTC shall depend on the parties' response to the pending motion to dismiss. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar) |
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| Wednesday, May 24, 2023 | ||
| 21 | 21
motion
Extension of Time
Wed 05/24 4:24 PM
LETTER MOTION for Extension of Time to Submit a Proposed Case Management Plan and Scheduling Order addressed to Judge J. Paul Oetken from Michael D. Margulies, Esq. dated May 24, 2023. Document filed by Viant Technology Holding Inc...(Margulies, Michael) |
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| Tuesday, May 09, 2023 | ||
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order
Order on Motion for Extension of Time
Tue 05/09 11:01 AM
ORDER granting19 Letter Motion for Extension of Time: Granted. Plaintiff shall notify the court whether Plaintiff intends to file an amended pleading or rely on the pleading being attacked by May 26, 2023. Plaintiff shall file any opposition to Defendant's motion to dismiss, if still required, by June 2, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar) |
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| Monday, May 08, 2023 | ||
| 19 | 19
motion
Extension of Time
Mon 05/08 6:01 PM
LETTER MOTION for Extension of Time to Respond to Motion to Dismiss addressed to Judge J. Paul Oetken from Michael D. Margulies, Esq. dated May 8, 2023. Document filed by Viant Technology Holding Inc...(Margulies, Michael) |
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| Wednesday, May 03, 2023 | ||
| 18 | 18
motion
Dismiss
Wed 05/03 9:11 PM
***SELECTED PARTIES*** MOTION to Dismiss . Document filed by Timothy Vanderhook, Chris Vanderhook, Viant Technology Holding Inc..Motion or Order to File Under Seal:17 .(Plessman, Alison) |
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Att: 1
Affidavit of Adam F. Minchew,
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Att: 2
Exhibit 5 - Settlement Agreement (under seal)
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| 17 | 17
motion
Seal
Wed 05/03 9:02 PM
LETTER MOTION to Seal Exhibit 5 to Declaration of Adam F. Minchew in Support of Motion to Dismiss addressed to Judge J. Paul Oetken from Allison L. Plessman dated May 3, 2023. Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| 16 | 16
motion
Dismiss
Wed 05/03 8:55 PM
MOTION to Dismiss . Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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Att: 1
Affidavit of Adam F. Minchew,
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Att: 2
8 pgs
Exhibit 1 - Arbitration Award,
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Att: 3
Exhibit 2 - Meredith Complaint,
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Att: 4
Exhibit 3 - Meredith Demurrer,
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Att: 5
Exhibit 4 - Ruling on Demurrer,
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Att: 6
Exhibit 5 - Settlement Agreement (filed separately under seal),
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Att: 7
Exhibit 6 - Expense Notice
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| Tuesday, March 21, 2023 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 03/21 10:46 AM
ORDER granting14 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond on or by May 3, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar) |
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| Monday, March 20, 2023 | ||
| 14 | 14
motion
Extension of Time to File Answer
Mon 03/20 11:50 PM
LETTER MOTION for Extension of Time to File Answer re:8 Complaint addressed to Judge J. Paul Oetken from Alison L. Plessman dated March 20, 2023. Document filed by Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| 13 | 13
notice
Notice of Appearance
Mon 03/20 11:40 PM
NOTICE OF APPEARANCE by Adam Minchew on behalf of Chris Vanderhook, Timothy Vanderhook..(Minchew, Adam) |
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| 12 | 12
notice
Notice of Appearance
Mon 03/20 11:36 PM
NOTICE OF APPEARANCE by Alison Lynn Plessman on behalf of Chris Vanderhook, Timothy Vanderhook..(Plessman, Alison) |
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| Friday, March 03, 2023 | ||
| 11 | 11
service
Affidavit of Service Complaints
Fri 03/03 4:01 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Timothy Vanderhook served on 3/1/2023, answer due 3/22/2023. Service was accepted by Roy Akl, Director of Operations. Service was made by MAIL. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| 10 | 10
service
Affidavit of Service Complaints
Fri 03/03 11:59 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Chris Vanderhook served on 3/1/2023, answer due 3/22/2023. Service was accepted by Roy Akl, Senior Director of Operations. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| Friday, February 17, 2023 | ||
| 9 | 9
service
Summons Issued
Fri 02/17 3:19 PM
ELECTRONIC SUMMONS ISSUED as to Chris Vanderhook, Timothy Vanderhook..(pc) |
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| 8 | 8
cmp
Complaint
Fri 02/17 2:17 PM
COMPLAINT against Chris Vanderhook, Timothy Vanderhook. Document filed by Viant Technology Holding Inc...(Margulies, Michael) |
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Att: 1
Exhibit Limited Liability Company Agreement
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| 7 | 7
notice
Notice of Appearance
Fri 02/17 1:07 PM
NOTICE OF APPEARANCE by Michael David Margulies on behalf of Viant Technology Holding Inc...(Margulies, Michael) |
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| 6 | 6
misc
Rule 7.1 Corporate Disclosure Statement
Fri 02/17 12:52 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IAC Search & Media, Inc., Corporate Parent TI Gotham Inc., Corporate Parent TI Magazine Holdings LLC, Corporate Parent Ask Media Group, LLC, Corporate Parent IAC Search, LLC, Corporate Parent IAC Group, LLC, Corporate Parent Meredith Operations Corporation, Corporate Parent Meredith Holdings Corporation, Corporate Parent Dotdash Meredith, Inc., Corporate Parent Dotdash Media Inc., Corporate Parent IAC Inc., Corporate Parent InterActiveCorp for Viant Technology Holding Inc.. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Fri 02/17 9:07 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Alexander Bein to RE-FILE Document No. 4 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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notice
Case Opening Initial Assignment Notice
Fri 02/17 1:37 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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] ..(pc) |
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utility
Case Designation
Fri 02/17 1:37 PM
Magistrate Judge Jennifer Willis 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] . (pc) |
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utility
Case Designated ECF
Fri 02/17 1:38 PM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Fri 02/17 1:38 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Bein. The party information for the following party/parties has been modified: Viant Technology Holding Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 02/17 1:38 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Bein to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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| Thursday, February 16, 2023 | ||
| 5 | 5
notice
Notice of Appearance
Thu 02/16 6:43 PM
NOTICE OF APPEARANCE by Alexander Bein on behalf of Viant Technology Holding Inc...(Bein, Alexander) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/16 6:38 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| 3 | 3
service
Request for Issuance of Summons
Thu 02/16 5:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Chris Vanderhook and Timothy Vanderhook, re:1 Complaint,. Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 02/16 5:42 PM
CIVIL COVER SHEET filed..(Bein, Alexander) |
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| 1 | 1
cmp
Complaint
Thu 02/16 5:25 PM
COMPLAINT against Chris Vanderhook, Timothy Vanderhook. (Filing Fee $ 402.00, Receipt Number ANYSDC-27355772)Document filed by Viant Technology Holding Inc...(Bein, Alexander) |
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Att: 1
Exhibit Limited Liability Company Agreement dated as of October 4, 2016
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