Weinberger et al v. MoviePass Inc.
| New York Southern District Court | |
| Judge: | Valerie E Caproni |
| Case #: | 1:19-cv-01039 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332fr Diversity-Fraud |
| Case Filed: | Feb 01, 2019 |
| Terminated: | Jan 17, 2023 |
| Last checked: Wednesday Jul 31, 2019 4:53 AM EDT |
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Defendant
MoviePass Inc.
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Represented By
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Defendant
Helios and Matheson Analytics Inc.
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Represented By
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Plaintiff
Laurie Weinberger
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Represented By
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Plaintiff
Lawrence Weinberger
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Represented By
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Plaintiff
Jason Donaldson
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Represented By
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Plaintiff
Brett Goodlin
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Represented By
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Plaintiff
Lee Harrington
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Represented By
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Plaintiff
Serita Stevens
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Represented By
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Plaintiff
Henry Tarlow
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Represented By
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| 1. | MoviePass has been hit with a lawsuit from subscribers alleging it's a 'bait and switch' scheme (businessinsider.com) |
| Submitted Tue 02/05/2019 | |
| Docket last updated: 11 hours ago |
| Tuesday, January 17, 2023 | ||
| 39 | 39
order
Notice of Voluntary Dismissal - Signed
Tue 01/17 3:37 PM
PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs Lawrence Weinberger, Laurie Weinberger, Serita Stevens, Henry Tarlow, Jason Donaldson, Brett Goodlin, and Lee Harrington hereby dismiss the above-captioned action without prejudice. Application GRANTED. The Clerk of Court is respectfully directed to terminate all deadlines and motions and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/17/2023) (ama) |
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utility
Case Stay Lifted
Tue 01/17 3:34 PM
Case Stay Lifted. (ama) |
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| Thursday, January 12, 2023 | ||
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misc
Notice to Court Regarding Voluntary Dismissal
Thu 01/12 9:36 AM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 38 Notice of Voluntary Dismissal, was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
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| Wednesday, January 11, 2023 | ||
| 38 | 38
notice
Notice of Voluntary Dismissal
Wed 01/11 12:43 AM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Helios and Matheson Analytics Inc., MoviePass Inc.. Document filed by Brett Goodlin, Henry Tarlow, Laurie Weinberger, Jason Donaldson, Lawrence Weinberger, Lee Harrington, Serita Stevens. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Granade, George) |
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| Wednesday, January 04, 2023 | ||
| 37 | 37
1
pgs
order
Order to Show Cause
Wed 01/04 1:32 PM
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED THAT Plaintiffs must show cause by no later than January 11, 2023, why this action should not be dismissed due to Defendants' dissolution under the Bankruptcy Cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/4/2023) (tg) |
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| Monday, August 29, 2022 | ||
| 36 | 36
misc
Letter
Mon 08/29 1:40 PM
LETTER addressed to Judge Valerie E. Caproni from Leslie S. Barr dated August 29, 2022 re: Status Letter. Document filed by Alan Nisselson..(Barr, Leslie) |
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| Wednesday, March 02, 2022 | ||
| 35 | 35
order
Memo Endorsement
Wed 03/02 6:37 PM
MEMO ENDORSEMENT on re:34 Letter filed by Alan Nisselson. ENDORSEMENT: The next status update is due September 2, 2022. If the Bankruptcy Court enters final decrees closing Defendant's bankruptcy cases prior to September 2, 2022, Defendants must notify the Court within one week of such decrees. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/2/2022) (tg) |
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| 34 | 34
misc
Letter
Wed 03/02 3:49 PM
LETTER addressed to Judge Valerie E. Caproni from Leslie S. Barr dated March 2, 2022 re: Status Letter. Document filed by Alan Nisselson..(Barr, Leslie) |
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| Friday, September 10, 2021 | ||
| 33 | 33
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Fri 09/10 2:37 PM
MEMO ENDORSEMENT: on re:32 Letter filed by Alan Nisselson. ENDORSEMENT: The next status update is due March 10, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/10/2021) (ama) |
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| 32 | 32
misc
Letter
Fri 09/10 11:02 AM
LETTER addressed to Judge Valerie E. Caproni dated September 10, 2021 re: Status Letter. Document filed by Alan Nisselson..(Barr, Leslie) |
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| Monday, March 08, 2021 | ||
| 31 | 31
order
Memo Endorsement
Mon 03/08 4:07 PM
MEMO ENDORSEMENT on re:30 Letter filed by Helios and Matheson Analytics Inc., MoviePass Inc. ENDORSEMENT: The next status update is due by September 8, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/8/2021) (va) |
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| 30 | 30
misc
Letter
Mon 03/08 11:20 AM
LETTER addressed to Judge Valerie E. Caproni from Leslie S. Barr dated March 5, 2021 re: Status of Defendant's Bankruptcy Cases. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc...(Barr, Leslie) |
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| Wednesday, September 09, 2020 | ||
| 29 | 29
order
Memo Endorsement
Wed 09/09 4:44 PM
MEMO ENDORSEMENT on re:28 Letter filed by Helios and Matheson Analytics Inc., MoviePass Inc. ENDORSEMENT: The Court thanks counsel for the status update. The next update is due by March 9, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/9/2020) (ks) |
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| 28 | 28
3
pgs
misc
Letter
Wed 09/09 3:13 PM
LETTER addressed to Judge Valerie E. Caproni from Leslie S. Barr dated September 9, 2020 re: Status Report. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc...(Barr, Leslie) |
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| Thursday, February 20, 2020 | ||
| 27 | 27
order
Memo Endorsement ~Util - Case Stayed
Thu 02/20 4:41 PM
MEMO ENDORSEMENT on re:26 Letter filed by Helios and Matheson Analytics Inc., MoviePass Inc.. ENDORSEMENT: This case is STAYED pursuant to 11 U.S.C. § 362(a)(1). Defendants must submit an update regarding the status of the bankruptcy cases by August 28, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/20/2020) Case stayed. (ks) |
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notice
Notice of Case Assignment/Reassignment
Thu 02/20 8:24 AM
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Deborah A. Batts is no longer assigned to the case. (sjo) |
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| Wednesday, January 29, 2020 | ||
| 26 | 26
1
pgs
misc
Letter
Wed 01/29 1:45 PM
LETTER addressed to Judge Deborah A. Batts from Todd L. Schleifstein dated January 29, 2020 re: Bankruptcy Filings by Defendants on 1/28/2020. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Schleifstein, Todd) |
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| Saturday, September 07, 2019 | ||
| 25 | 25
notice
Notice of Change of Address
Sat 09/07 11:39 PM
NOTICE OF CHANGE OF ADDRESS by George Volney Granade on behalf of Jason Donaldson, Brett Goodlin, Lee Harrington, Serita Stevens, Henry Tarlow, Laurie Weinberger, Lawrence Weinberger. New Address: Reese LLP, 8484 Wilshire Boulevard, Suite 515, Los Angeles, California, United States 90211, (212) 643-0500. (Granade, George) |
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| Wednesday, August 14, 2019 | ||
| 24 | 24
2
pgs
misc
Letter
Wed 08/14 1:19 PM
LETTER addressed to Judge Deborah A. Batts from Todd L. Schleifstein dated August 14, 2019 re: Recent Decision in Tabas v. Movie Pass. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Schleifstein, Todd) |
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Att: 1
Exhibit Recent Decision in Tabas v. Movie Pass
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| Friday, August 02, 2019 | ||
| 23 | 23
14
pgs
respm
Reply Memorandum of Law in Support of Motion
Fri 08/02 11:57 AM
REPLY MEMORANDUM OF LAW in Support re:17 MOTION to Compel Arbitration . . Document filed by Helios and Matheson Analytics Inc., MoviePass Inc.. (Schleifstein, Todd) |
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| Friday, July 12, 2019 | ||
| 22 | 22
23
pgs
respm
Memorandum of Law in Opposition to Motion
Fri 07/12 9:01 PM
MEMORANDUM OF LAW in Opposition re:17 MOTION to Compel Arbitration . . Document filed by Jason Donaldson, Brett Goodlin, Lee Harrington, Serita Stevens, Henry Tarlow, Laurie Weinberger, Lawrence Weinberger. |
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| Friday, May 24, 2019 | ||
| 21 | 21
1
pgs
order
Order on Motion for Extension of Time
Fri 05/24 11:09 AM
ORDER granting20 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 5/24/2019) (rro) |
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utility
Set/Reset Deadlines
Fri 05/24 11:09 AM
Set/Reset Deadlines: Responses due by 7/12/2019 Replies due by 8/2/2019. (rro) |
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| Thursday, May 23, 2019 | ||
| 20 | 20
motion
Extension of Time
Thu 05/23 1:51 PM
LETTER MOTION for Extension of Time addressed to Judge Deborah A. Batts from Michael R. Reese dated May 23, 2019. Document filed by Jason Donaldson, Brett Goodlin, Lee Harrington, Serita Stevens, Henry Tarlow, Laurie Weinberger, Lawrence Weinberger |
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| Monday, May 20, 2019 | ||
| 19 | 19
30+
pgs
respm
Memorandum of Law in Support of Motion
Mon 05/20 2:05 PM
MEMORANDUM OF LAW in Support re:17 MOTION to Compel Arbitration . . Document filed by Helios and Matheson Analytics Inc., MoviePass Inc.. (Schleifstein, Todd) |
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| 18 | 18
respm
Affidavit in Support of Motion
Mon 05/20 2:04 PM
AFFIDAVIT of Edward Vincent in Support re:17 MOTION to Compel Arbitration .. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Schleifstein, Todd) |
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Att: 1
Exhibit A - 03/31/2018 TOU,
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Att: 2
Exhibit B - Weinbergers Screenshot 1,
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Att: 3
Exhibit C - Weinbergers Screenshot 2,
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Att: 4
Exhibit D - Weinbergers Screenshot 3,
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Att: 5
Exhibit E - 04/20/2018 TOU,
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Att: 6
Exhibit F - 07/05/2018 TOU,
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Att: 7
Exhibit G - 12/06/2018 TOU,
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Att: 8
Exhibit H - 03/19/2019 TOU,
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Att: 9
Exhibit I - 01/16/2018 TOU,
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Att: 10
Exhibit J - Goodlin Screenshot,
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Att: 11
Exhibit K - 01/26/2018 TOU,
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Att: 12
Exhibit L - 08/16/2017 TOU,
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Att: 13
Exhibit M - Harrington Screenshot 1,
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Att: 14
Exhibit N - Harrington Screenshot 2,
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Att: 15
Exhibit O - Harrington Email 10/30/2017,
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Att: 16
Exhibit P - Harrington Email 01/27/2018
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| 17 | 17
motion
Compel Arbitration
Mon 05/20 1:42 PM
MOTION to Compel Arbitration . Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Schleifstein, Todd) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Mon 05/20 1:40 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Helios and Matheson Analytics Inc. for Helios and Matheson Analytics Inc., MoviePass Inc.. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Schleifstein, Todd) |
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| Friday, March 29, 2019 | ||
| 15 | 15
notice
Notice of Appearance
Fri 03/29 12:25 PM
NOTICE OF APPEARANCE by Loring I. Fenton on behalf of Helios and Matheson Analytics Inc., MoviePass Inc.. (Fenton, Loring) |
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| Thursday, March 28, 2019 | ||
| 14 | 14
notice
Notice of Appearance
Thu 03/28 5:46 PM
NOTICE OF APPEARANCE by Jaclyn DeMais on behalf of Helios and Matheson Analytics Inc., MoviePass Inc.. (DeMais, Jaclyn) |
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| 13 | 13
notice
Notice of Appearance
Thu 03/28 4:11 PM
NOTICE OF APPEARANCE by Jeff E. Scott on behalf of Helios and Matheson Analytics Inc., MoviePass Inc.. (Scott, Jeff) |
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| 12 | 12
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 03/28 2:35 PM
ORDER FOR ADMISSION PRO HAC VICE granting11 Motion for Jeff E. Scott to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/28/2019) (rro) |
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| Thursday, March 21, 2019 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Thu 03/21 4:05 PM
MOTION for Jeff E. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16539477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helios and Matheson Analytics Inc., MoviePass Inc..(Scott, Jeff) |
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Att: 1
Affidavit in Support of Motion,
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Att: 2
Exhibit A - Certificate of Good Standing from California,
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Att: 3
Text of Proposed Order Granting Admission Pro Hac Vice
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misc
Notice Regarding Pro Hac Vice Motion
Thu 03/21 4:16 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Jeff E. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16539477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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| Tuesday, March 19, 2019 | ||
| 10 | 10
service
Waiver of Service Executed
Tue 03/19 1:56 PM
WAIVER OF SERVICE RETURNED EXECUTED. Helios and Matheson Analytics Inc. waiver sent on 3/19/2019, answer due 5/20/2019. Document filed by Brett Goodlin; Henry Tarlow; Laurie Weinberger; Jason Donaldson; Lawrence Weinberger; Lee Harrington; Serita Stevens. |
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| 9 | 9
service
Waiver of Service Executed
Tue 03/19 1:55 PM
WAIVER OF SERVICE RETURNED EXECUTED. MoviePass Inc. waiver sent on 3/19/2019, answer due 5/20/2019. Document filed by Brett Goodlin; Henry Tarlow; Laurie Weinberger; Jason Donaldson; Lawrence Weinberger; Lee Harrington; Serita Stevens. |
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| 8 | 8
notice
Notice of Appearance
Tue 03/19 12:24 PM
NOTICE OF APPEARANCE by Todd Lawrence Schleifstein on behalf of Helios and Matheson Analytics Inc., MoviePass Inc.. (Schleifstein, Todd) |
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| Tuesday, March 12, 2019 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Tue 03/12 2:01 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Robert Reese to RE-FILE Document No. 7 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (sj) |
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| Monday, March 11, 2019 | ||
| 7 | 7
cmp
Amended Complaint
Mon 03/11 7:11 AM
AMENDED COMPLAINT amending1 Complaint against All Defendants with JURY DEMAND.Document filed by Laurie Weinberger, Lawrence Weinberger, Serita Stevens, Brett Goodlin, Lee Harrington, Henry Tarlow, Jason Donaldson. Related document:1 Complaint |
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| Thursday, February 28, 2019 | ||
| 6 | 6
service
Summons Returned Executed
Thu 02/28 8:44 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. MoviePass Inc. served on 2/7/2019, answer due 2/28/2019. Service was accepted by Nancy Dougherty, Authorized Agent of MoviePass Inc., in the Office of the Secretary of State of the State of New York. Document filed by Lawrence Weinberger; Laurie Weinberger. (Granade, George) |
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| Thursday, February 07, 2019 | ||
| 5 | 5
notice
Notice of Appearance
Thu 02/07 7:10 AM
NOTICE OF APPEARANCE by George Volney Granade on behalf of Laurie Weinberger, Lawrence Weinberger. (Granade, George) |
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| Monday, February 04, 2019 | ||
| 4 | 4
service
Summons Issued
Mon 02/04 4:11 PM
ELECTRONIC SUMMONS ISSUED as to MoviePass Inc.. (sj) |
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notice
Case Opening Initial Assignment Notice
Mon 02/04 4:08 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (sj) |
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utility
Case Designation
Mon 02/04 4:09 PM
Magistrate Judge James L. Cott 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:http://nysd.uscourts.gov/forms.php] . (sj) |
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utility
Case Designated ECF
Mon 02/04 4:09 PM
Case Designated ECF. (sj) |
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| Friday, February 01, 2019 | ||
| 3 | 3
service
Request for Issuance of Summons
Fri 02/01 7:33 PM
REQUEST FOR ISSUANCE OF SUMMONS as to MoviePass Inc., re:1 Complaint. Document filed by Laurie Weinberger, Lawrence Weinberger. |
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| 2 | 2
misc
Civil Cover Sheet
Fri 02/01 7:29 PM
CIVIL COVER SHEET filed. |
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| 1 | 1
cmp
Complaint
Fri 02/01 7:24 PM
COMPLAINT against MoviePass Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16284203)Document filed by Lawrence Weinberger, Laurie Weinberger |
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