MaxBounty, ULC v. Zocdoc, Inc. et al
| New York Southern District Court | |
| Judge: | Valerie E Caproni |
| Case #: | 1:24-cv-03307 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Apr 30, 2024 |
| Terminated: | Jul 03, 2024 |
| Last checked: Sunday Oct 27, 2024 5:19 AM EDT |
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Counter Claimant
Zocdoc, Inc.,
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Represented By
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Counter Defendant
MaxBounty, ULC
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Represented By
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Defendant
Does 1-10
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Defendant
Zocdoc, Inc.,
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Represented By
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Plaintiff
MaxBounty, ULC
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Monday, July 08, 2024 | ||
| 28 | 28
1
pgs
order
Order
Mon 07/08 12:29 PM
ORDER: IT IS HEREBY ORDERED that the Opinion is amended to clarify that the case, and not solely the Complaint, is dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that this Order does not impact the deadline by which Plaintiff must move for leave to amend the Complaint, should Plaintiff have a good faith basis to amend, alleging facts sufficient to invoke diversity jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/8/2024) (tg) |
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| Wednesday, July 03, 2024 | ||
| 27 | 27
7
pgs
order
Memorandum & Opinion
Wed 07/03 12:44 PM
OPINION AND ORDER: For the foregoing reasons, the Complaint is dismissed for lack of subject matter jurisdiction. The dismissal is without prejudice. Spira v. Trans Union, LLC, No. 21-CV-2367, 2022 WL 2819469, at *6 (S.D.N.Y. July 19, 2022) (citations omitted). To the extent Plaintiff has a good faith basis for filing a second Amended Complaint setting forth facts sufficient to invoke diversity jurisdiction, it must move for leave to do so within thirty days of the date of this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/3/2024) (tg) |
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| Monday, June 24, 2024 | ||
| 26 | 26
order
Stipulation and Order ~Util - Set Deadlines
Tue 06/25 12:00 PM
STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that the time for Defendant to answer the FAC in the above matter is hereby extended through and including July 12, 2024. This stipulation does not extend Defendant's deadline to move to dismiss or otherwise respond to Plaintiff's FAC. There has been no previous request for an extension of time with respect to the FAC. This Stipulation may be executed in counterparts with faxed or electronic signatures deemed as valid as originals. SO ORDERED. Zocdoc, Inc., answer due 7/12/2024. (Signed by Judge Valerie E. Caproni on 6/24/2024) (tg) |
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| 25 | 25
misc
Proposed Stipulation and Order
Mon 06/24 8:52 AM
PROPOSED STIPULATION AND ORDER. Document filed by Zocdoc, Inc.,..(Karram, Zachary) |
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| Thursday, June 13, 2024 | ||
| 24 | 24
cmp
Amended Complaint
Thu 06/13 2:57 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Does 1-10, Zocdoc, Inc., with JURY DEMAND.Document filed by MaxBounty, ULC. Related document:1 Complaint,..(Aspis, Norman) |
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Att: 1
Exhibit A - to First Amended Complaint.,
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Att: 2
Exhibit B - to First Amended Complaint.,
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Att: 3
Exhibit C - to First Amended Complaint.,
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Att: 4
Exhibit D- to First Amended Complaint
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 06/13 2:13 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alyssa Johanna Landow to RE-FILE Document No. 20 Amended Complaint. The filing is deficient for the following reason(s): not all the party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended 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. (vf) |
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 06/13 2:15 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Norman Aspis re: Document No. 22 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted; not all the party/parties whom the pleading is against were selected.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
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| Wednesday, June 12, 2024 | ||
| 23 | 23
answer
Answer to Counterclaim
Wed 06/12 8:03 PM
ANSWER to13 Counterclaim. Document filed by MaxBounty, ULC..(Aspis, Norman) |
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| 22 | 22
cmp
Amended Complaint
Wed 06/12 8:01 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Zocdoc, Inc., with JURY DEMAND.Document filed by MaxBounty, ULC. Related document:1 Complaint,..(Aspis, Norman) |
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Att: 1
Exhibit A - to First Amended Complaint.,
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Att: 2
Exhibit B - to First Amended Complaint.,
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Att: 3
Exhibit C - to First Amended Complaint.,
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Att: 4
Exhibit D- to First Amended Complaint
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| 21 | 21
answer
Answer to Counterclaim
Wed 06/12 7:09 PM
ANSWER to13 Counterclaim. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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| 20 | 20
cmp
Amended Complaint
Wed 06/12 7:08 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Zocdoc, Inc., with JURY DEMAND.Document filed by MaxBounty, ULC. Related document:1 Complaint,..(Landow, Alyssa) |
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Att: 1
Exhibit A- to First Amended complaint,
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Att: 2
Exhibit B- to First Amended complaint,
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Att: 3
Exhibit C - to First Amended Complaint.,
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Att: 4
Exhibit D- to First Amended Complaint
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| Thursday, June 06, 2024 | ||
| 19 | 19
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 06/06 11:28 AM
ORDER FOR ADMISSION PRO HAC VICE granting17 Motion to Appear Pro Hac Vice. The motion of attorney Norman M. Aspis ("Applicant") for admission to practice pro hac vice in the above-captioned action is GRANTED. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 6/6/2024) (tg) |
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| 18 | 18
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 06/06 11:26 AM
ORDER FOR ADMISSION PRO HAC VICE granting16 Motion to Appear Pro Hac Vice. The motion of attorney Bety Javidzad ("Applicant") for admission to practice pro hac vice in the above-captioned action is GRANTED. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 6/6/2024) (tg) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 06/06 9:45 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Bety Javidzad to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 06/06 9:48 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Norman M. Aspis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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| Wednesday, June 05, 2024 | ||
| 17 | 17
motion
Appear Pro Hac Vice
Wed 06/05 10:05 PM
MOTION for Norman M. Aspis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MaxBounty, ULC..(Aspis, Norman) |
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Att: 1
Exhibit Affidavit of Norman M. Aspis,
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Att: 2
Exhibit Certificate of the Clerk of the Supreme Court of the State of California,
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Att: 3
Exhibit Certificate of Good Standing,
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Att: 4
Exhibit Proposed Order for Admission Pro Hac Vice
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| 16 | 16
motion
Appear Pro Hac Vice
Wed 06/05 9:15 PM
MOTION for Bety Javidzad to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MaxBounty, ULC..(Javidzad, Bety) |
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Att: 1
Exhibit Affidavit of Bety Javidzad in support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit Certificate of the Clerk of the Supreme Court of the State of California,
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Att: 3
Exhibit Certificate of Good Standing,
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Att: 4
Proposed Order Proposed Order for Admission Pro Hac Vice
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| Tuesday, June 04, 2024 | ||
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 06/04 10:12 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for Bety Javidzad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29436405. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; motion needs wet signature because different pacer account;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 06/04 10:15 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Norman M. Aspis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29436474. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; motion needs wet signature because different pacer account;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
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| Monday, June 03, 2024 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Mon 06/03 8:05 PM
MOTION for Norman M. Aspis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29436474. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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Att: 1
Exhibit Affidavit of Norman M. Aspis in support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing for Norman M. Aspis,
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Att: 3
Exhibit Proposed Order admitting Norman M. Aspis Pro Hac Vice
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| 14 | 14
motion
Appear Pro Hac Vice
Mon 06/03 7:36 PM
MOTION for Bety Javidzad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29436405. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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Att: 1
Exhibit Affidavit of Bety Javidzad in support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing for Bety Javidzad,
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Att: 3
Exhibit Proposed Order admitting Bety Javidzad Pro Hac Vice
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| Wednesday, May 22, 2024 | ||
| 13 | 13
answer
Answer to Complaint Counterclaim
Wed 05/22 2:53 PM
ANSWER to1 Complaint,., COUNTERCLAIM against MaxBounty, ULC. Document filed by Zocdoc, Inc.,..(Klausner, Neal) |
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| 12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Wed 05/22 2:50 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zocdoc, Inc.,..(Klausner, Neal) |
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| 11 | 11
notice
Notice of Appearance
Wed 05/22 2:44 PM
NOTICE OF APPEARANCE by Zachary Karram on behalf of Zocdoc, Inc.,..(Karram, Zachary) |
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| 10 | 10
notice
Notice of Appearance
Wed 05/22 2:42 PM
NOTICE OF APPEARANCE by Neal Howard Klausner on behalf of Zocdoc, Inc.,..(Klausner, Neal) |
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| Wednesday, May 15, 2024 | ||
| 9 | 9
respoth
Response to Order to Show Cause
Wed 05/15 10:29 AM
RESPONSE TO ORDER TO SHOW CAUSE re:6 Order to Show Cause,,. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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| Friday, May 03, 2024 | ||
| 8 | 8
misc
Rule 7.1 Corporate Disclosure Statement
Fri 05/03 5:30 PM
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Fri 05/03 3:55 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Alyssa Johanna Landow to RE-FILE Document No. 4 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. 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 or No radio button - If Yes - 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 - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb) |
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| Thursday, May 02, 2024 | ||
| 7 | 7
service
Summons Returned Executed
Thu 05/02 2:52 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Zocdoc, Inc., served on 5/1/2024, answer due 5/22/2024. Service was accepted by Alex Acosta. Document filed by MaxBounty, ULC..(Landow, Alyssa) |
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| Wednesday, May 01, 2024 | ||
| 6 | 6
2
pgs
order
Order to Show Cause
Wed 05/01 6:55 PM
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that by no later than May 15, 2024, Plaintiff must file a memorandum of law, not to exceed five double spaced pages, that explains why for purposes of subject matter jurisdiction it should be treated like a corporation rather than like a limited liability corporation, or, in the alternative, file an affidavit that establishes that, even if the ULC is treated as an LLC, all of its members are Canadian or are otherwise diverse from Defendant. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/1/2024) (ks) |
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service
Summons Issued
Wed 05/01 2:16 PM
ELECTRONIC SUMMONS ISSUED as to Zocdoc, Inc.. (sj) |
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misc
Notice to Attorney Regarding Party Modification
Wed 05/01 2:02 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alyssa Johanna Landow. The party information for the following party/parties has been modified: DOES 1-10, inclusive, ZOCDOC, INC., a Delaware Corporation, MAXBOUNTY, ULC, a Canadian Unlimited Liability Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (sj) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 05/01 2:08 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alyssa Johanna Landow. The following case opening statistical information was erroneously selected/entered: Dollar Demand (none); County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $234,000; the County code has been modified to XX Out of U.S.. (sj) |
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notice
Case Opening Initial Assignment Notice
Wed 05/01 2:12 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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
Wed 05/01 2:13 PM
Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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
Wed 05/01 2:13 PM
Case Designated ECF. (sj) |
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| Tuesday, April 30, 2024 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Tue 04/30 4:10 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MAXBOUNTY, ULC, a Canadian Unlimited Liability Corporation..(Landow, Alyssa) Modified on 5/3/2024 (lb) |
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| 3 | 3
service
Request for Issuance of Summons
Tue 04/30 3:29 PM
REQUEST FOR ISSUANCE OF SUMMONS as to ZOCDOC, INC., a Delaware Corporation, re:1 Complaint,. Document filed by MAXBOUNTY, ULC, a Canadian Unlimited Liability Corporation..(Landow, Alyssa) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 04/30 3:25 PM
CIVIL COVER SHEET filed..(Landow, Alyssa) |
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| 1 | 1
cmp
Complaint
Tue 04/30 3:00 PM
COMPLAINT against DOES 1-10, inclusive, ZOCDOC, INC., a Delaware Corporation. (Filing Fee $ 405.00, Receipt Number ANYSDC-29289954)Document filed by MAXBOUNTY, ULC, a Canadian Unlimited Liability Corporation..(Landow, Alyssa) |
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Att: 1
Exhibit A - Zocdoc Insertion Order,
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Att: 2
Exhibit B - Invoice,
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Att: 3
Exhibit C- Invoice
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