Atlus Co., Ltd. v. John Doe 1 et al

New York Southern District Court
Judge:Andrew L Carter, Jr
Case #: 1:21-cv-11102
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Dec 28, 2021
Terminated:Jan 03, 2023
Last checked: Sunday Jun 26, 2022 5:13 AM EDT
Defendant
John Doe 1
Defendant
John Doe 2
Plaintiff
Atlus Co., Ltd.
Represented By
David Donahue
Fross Zelnick Lehrman & Zissu, P.C.
contact info
Jason Douglas Jones
Fross Zelnick Lehrman & Zissu, P.C.
contact info
Shelby P. Rokito
Fross Zelnick Lehrman & Zissu, P.C.
contact info


Docket last updated: 5 hours ago
Tuesday, January 03, 2023
41 41 misc AO 121 Form Copyright - Case Terminated - Submitted Tue 01/03 4:10 PM
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 1/3/2023 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (ate)
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40 40 order Notice of Voluntary Dismissal - Signed Tue 01/03 3:55 PM
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT JOHN DOE D/B/A COMP HACK PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): Pursuant to a settlement agreement entered into by Plaintiff Atlus Co., Ltd. ("Plaintiff") and John Doe Defendant d/b/a Comp_Hack that requires Defendant John Doe d/b/a Comp_Hack to, inter alia, take down the Infringing Server (as defined in Paragraph 3 of the First Amended Complaint, ECF No. 24), Plaintiff hereby voluntarily dismisses this action against Defendant John Doe d/b/a Comp_Hack with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Defendant John Doe d/b/a Comp_Hack has not appeared in this action or filed an answer to the Complaint (ECF No. 1) or the First Amended Complaint (ECF No. 24). Plaintiff's action against Defendant John Doe d/b/a Comp_Hack is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/3/2023) (ate)
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Monday, December 19, 2022
misc Notice to Court Regarding Voluntary Dismissal Mon 12/19 10:06 AM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 39 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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. (nd)
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Friday, December 16, 2022
39 39 notice Notice of Voluntary Dismissal Fri 12/16 1:56 PM
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, with prejudice and without costs against the defendant(s) Doe John. Document filed by Atlus Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Jones, Jason)
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Wednesday, December 14, 2022
38 38 1 pgs order Order on Motion for Extension of Time to Answer Wed 12/14 2:07 PM
ORDER granting37 Letter Motion for Extension of Time to Answer re37 LETTER MOTION for Extension of Time to File Answer re:24 Amended Complaint, and Letter in Response to Court's December 9, 2022 Order (ECF No. 35) addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated December 12, 202,1 Complaint. SO ORDERED. Doe John answer due 12/31/2022. (Signed by Judge Andrew L. Carter, Jr on 12/14/2022) (ate)
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Monday, December 12, 2022
37 37 motion Extension of Time to File Answer Mon 12/12 2:46 PM
LETTER MOTION for Extension of Time to File Answer re:24 Amended Complaint, and Letter in Response to Court's December 9, 2022 Order (ECF No. 35) addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated December 12, 2022. Document filed by Atlus Co., Ltd...(Jones, Jason)
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36 36 service Certificate of Service Other Mon 12/12 12:03 PM
CERTIFICATE OF SERVICE of Court's December 9, 2022 Order (ECF No. 35) served on Defendant John Doe (d/b/a COMP_hack) on December 9, 2022. Document filed by Atlus Co., Ltd...(Rokito, Shelby)
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Friday, December 09, 2022
35 35 2 pgs order Order Fri 12/09 2:20 PM
ORDER: Plaintiff is hereby ORDERED to request a Certificate of Default as to the non-appearing Defendant in this action by December 16, 2022 and to move for default judgment within 10 days of receiving the Certificate. Plaintiff is hereby ORDERED to serve this order on Defendant via email and file proof of service on or by December 12, 2022. (Signed by Judge Andrew L. Carter, Jr on 12/9/2022) (ate)
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Wednesday, November 16, 2022
34 34 order Judgment ~Util - Add and Terminate Parties Wed 11/16 5:07 PM
FINAL JUDGMENT ON CONSENT FOR PERMANENT INJUNCTION AGAINST DEFENDANT JONATHAN SUM: NOW THEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED asfollows: Judgment is entered for Plaintiff and against Defendant Sum on Plaintiff's claims against Mr. Sum for copyright infringement under 17 U.S.C. § 501 and violation of the DMCA under 17 U.S.C. § 1202(a). This Judgment is a Final judgment terminating all claims in the Civil Actionagainst Defendant Sum and is made part of the public record. This Judgment applies only toDefendant Sum; Plaintiff's claims against the remaining defendant (John Doe d/b/aCOMP_hack)are not affected by this Judgment and this Judgment does not terminate Plaintiff'sclaim against Defendant John Doe d/b/a COMP_hack. SO ORDERED. Jonathan Sum terminated. (Signed by Judge Andrew L. Carter, Jr on 11/16/2022) (ate)
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Monday, October 24, 2022
33 33 misc Proposed Judgment Mon 10/24 1:27 PM
PROPOSED JUDGMENT. Document filed by Atlus Co., Ltd...(Jones, Jason)
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misc Notice to Attorney Regarding Deficient Proposed Order Mon 10/24 11:39 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED JUDGMENT. Notice to attorney Jason Jones to RE-FILE Document No. 32 Proposed Judgment. The filing is deficient for the following reason(s): The event and type and the title of the document do not match. Please remove the word Order from the document. Re-file the document using the event type Proposed Judgment found under the event list Proposed Orders. (km)
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misc Notice to Court Regarding Proposed Order Mon 10/24 4:12 PM
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 33 Proposed Judgment was reviewed and approved as to form. (km)
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Friday, October 21, 2022
32 32 misc Proposed Judgment Fri 10/21 10:56 AM
PROPOSED JUDGMENT. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Friday, September 23, 2022
31 31 respoth Declaration (non-motion) Fri 09/23 12:05 PM
DECLARATION of Shelby P. Rokito re: Summons Issued,30 Order on Motion for Conference,24 Amended Complaint, Service by email . Document filed by Atlus Co., Ltd...(Rokito, Shelby)
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Att: 1 Exhibit A - email and confirmation of delivery,
Att: 2 Supplement Certificate of Service
Thursday, September 22, 2022
service Summons Issued Thu 09/22 9:36 AM
SUMMONS ISSUED as to Doe John..(jgo)
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Tuesday, September 20, 2022
30 30 2 pgs order Order on Motion for Conference Tue 09/20 1:26 PM
MEMO ENDORSEMENT29 Letter granting20 Letter Motion for Conference to file motion for leave to serve Defendants by email addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated May, 27, 2022. ENDORSEMENT: Plaintiff's request for alternative service, ECF No. 20, is hereby GRANTED. The Clerk of the Court is directed to terminate ECF No. 20. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/20/2022) (vfr)
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utility Set/Reset Deadlines Tue 09/20 1:32 PM
Set/Reset Deadlines: Service due by 9/23/2022. (vfr)
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Friday, September 16, 2022
29 29 misc Letter Fri 09/16 12:23 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated September 16, 2022 re: Follow-up to Atlus' May 27, 2022 request for a pre-motion conference (ECF No. 20) and Atlus' August 30, 2022 request for a pre-motion concerning Atlus' request for a 60-day extension (ECF No. 28). Document filed by Atlus Co., Ltd...(Jones, Jason)
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Tuesday, August 30, 2022
28 28 misc Letter Tue 08/30 2:31 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated August 30, 2022 re: Follow-up to May 27, 2022 request for a pre-motion conference (ECF No. 20). Document filed by Atlus Co., Ltd...(Jones, Jason)
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Friday, August 05, 2022
27 27 service Summons Returned Executed Affidavit of Service Complaints Fri 08/05 12:10 PM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Jonathan Sum served on 8/2/2022, answer due 8/23/2022. Service was accepted by Jonathan Sum. Document filed by Atlus Co., Ltd.., AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Jonathan Sum served on 8/2/2022, answer due 8/23/2022. Service was accepted by Jonathan Sum. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Att: 1 Affidavit Affidavit of Process Server
Tuesday, August 02, 2022
26 26 service Summons Issued Tue 08/02 11:16 AM
ELECTRONIC SUMMONS ISSUED as to Jonathan Sum..(gp)
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Monday, August 01, 2022
25 25 service Request for Issuance of Summons Mon 08/01 12:15 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Sum d/b/a Rekuiemu Games, re:24 Amended Complaint,. Document filed by Atlus Co., Ltd...(Jones, Jason)
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24 24 cmp Amended Complaint Mon 08/01 12:05 PM
FIRST AMENDED COMPLAINT amending1 Complaint against Jonathan Sum, Doe John.Document filed by Atlus Co., Ltd.. Related document:1 Complaint..(Jones, Jason)
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Att: 1 Exhibit A - Screenshot of the Infringing Website home,
Att: 2 Exhibit B - Screenshot of the GitHub page
Monday, July 25, 2022
23 23 1 pgs order Order on Motion for Conference Mon 07/25 4:51 PM
ORDER terminating21 Letter Motion for Conference re:21 LETTER MOTION for Conference pre-motion conference to file a motion for a 60-day extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 07/13/22. The requested extension is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 7/25/2022) (ate)
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Thursday, July 21, 2022
22 22 misc Letter Thu 07/21 11:05 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated July 21, 2022 re: Follow-up to July 13, 2022 request for a pre-motion conference (ECF No. 21). Document filed by Atlus Co., Ltd...(Jones, Jason)
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Wednesday, July 13, 2022
21 21 motion Conference Wed 07/13 11:50 AM
LETTER MOTION for Conference pre-motion conference to file a motion for a 60-day extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 07/13/22. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Friday, May 27, 2022
20 20 motion Conference Fri 05/27 11:44 AM
LETTER MOTION for Conference to file motion for leave to serve Defendants by email addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated May, 27, 2022. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Wednesday, May 25, 2022
19 19 1 pgs order Order on Motion for Conference Wed 05/25 4:36 PM
ORDER terminating17 Motion for Conference re:17 LETTER MOTION for Conference pre-motion conference to file a motion for a 60-day extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated May 11, 2022. Plaintiff's deadline is extended through July 26, 2022. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 5/25/2022) (kv)
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18 18 misc Letter Wed 05/25 3:22 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated May 25, 2022 re: Follow-up to May 11, 2022 request for a pre-motion conference (ECF No. 17). Document filed by Atlus Co., Ltd...(Jones, Jason)
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utility Set/Reset Deadlines Wed 05/25 4:36 PM
Set/Reset Deadlines: Service due by 7/26/2022. (kv)
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Wednesday, May 11, 2022
17 17 motion Conference Wed 05/11 5:20 PM
LETTER MOTION for Conference pre-motion conference to file a motion for a 60-day extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated May 11, 2022. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Thursday, April 07, 2022
16 16 3 pgs order Order on Motion for Discovery Thu 04/07 1:09 PM
ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE granting12 Letter Motion for Discovery. THIS CAUSE comes before the Court upon Plaintiff's Motion for Leave to File a Third- Party Subpoena Prior to a Rule 26(f) Conference (the "Motion"), ECF No. 12, and the Court being duly advised in the premises does hereby: FIND, ORDER AND ADJUDGE: Plaintiff established that "good cause" exists for it to serve a third-party subpoena on Deluxe Corporation doing business as ColoCrossing (hereinafter the "ISP"). The Clerk of Court is respectfully directed to terminate the Motion at ECF No. 12. (Signed by Judge Andrew L. Carter, Jr on 4/7/2022) (ate)
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Monday, March 21, 2022
misc Notice to Court Regarding Proposed Order Mon 03/21 8:53 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 13 Proposed Order was reviewed and approved as to form. (km)
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Friday, March 18, 2022
15 15 respm Declaration in Support of Motion Fri 03/18 6:00 PM
DECLARATION of Shelby P. Rokito in Support re:12 MOTION for Discovery Prior to Rule 26(f) Conference .. Document filed by Atlus Co., Ltd...(Rokito, Shelby)
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Att: 1 Exhibit A - printout from host.io,
Att: 2 Exhibit B - email correspondence between Shelby P. Rokito and GitHub,
Att: 3 Exhibit C - 04.08.21 Order from Millennium Funding, Inc. v. Wicked Technology Ltd., 21-CV-282 (E.D. Va.)
14 14 19 pgs respm Memorandum of Law in Support of Motion Fri 03/18 5:29 PM
MEMORANDUM OF LAW in Support re:12 MOTION for Discovery Prior to Rule 26(f) Conference . . Document filed by Atlus Co., Ltd...(Rokito, Shelby)
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13 13 misc Proposed Order Fri 03/18 5:28 PM
PROPOSED ORDER. Document filed by Atlus Co., Ltd.. Related Document Number: [ECF No. 12]..(Rokito, Shelby)
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12 12 motion Discovery Fri 03/18 5:23 PM
MOTION for Discovery Prior to Rule 26(f) Conference . Document filed by Atlus Co., Ltd...(Rokito, Shelby)
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Tuesday, March 15, 2022
11 11 2 pgs order Order on Motion for Conference Tue 03/15 12:28 PM
ORDER denying8 Letter Motion for Conference re:8 LETTER MOTION for Conference to file a motion for leave to conduct expedited discovery addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 01/26/2022.,10 LETTER MOTION for Conference Pre-Motion Conference for an extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 03/11/2022. ; denying10 Letter Motion for Conference re:8 LETTER MOTION for Conference to file a motion for leave to conduct expedited discovery addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 01/26/2022.,10 LETTER MOTION for Conference Pre-Motion Conference for an extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 03/11/2022. The requests for PMCs, ECF Nos. 8, 10, are DENIED. The deadline for Plaintiff to serve Defendants is extended to May 27, 2022. Plaintiff is directed to file its motion for expedited discovery on or before April 15, 2022. (Signed by Judge Andrew L. Carter, Jr on 3/15/2022) (ate)
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utility Set/Reset Deadlines Tue 03/15 12:31 PM
Set/Reset Deadlines: Motions due by 4/15/2022. (ate)
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Friday, March 11, 2022
10 10 motion Conference Fri 03/11 3:02 PM
LETTER MOTION for Conference Pre-Motion Conference for an extension of deadline to serve Summons and Complaint addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 03/11/2022. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Wednesday, March 02, 2022
9 9 misc Letter Wed 03/02 10:40 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 03/02/2022 re: Follow-up to Jan. 26, 2022 request for a pre-motion conference (ECF No. 8). Document filed by Atlus Co., Ltd...(Jones, Jason)
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Wednesday, January 26, 2022
8 8 motion Conference Wed 01/26 6:49 PM
LETTER MOTION for Conference to file a motion for leave to conduct expedited discovery addressed to Judge Andrew L. Carter, Jr. from Jason D. Jones dated 01/26/2022. Document filed by Atlus Co., Ltd...(Jones, Jason)
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order Order on Motion for Conference Wed 01/26 2:25 PM
ORDER denying without prejudice6 Letter Motion for Conference re:6 LETTER MOTION for Conference to file a motion for leave to conduct expedited discovery addressed to Magistrate Judge James L. Cott from Jason D. Jones dated December 31, 2021. This case has not been referred to me by the assigned district judge so I do not have any authority to act on this application. It should be made to the district judge in the first instance. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Friday, December 31, 2021
6 6 motion Conference Fri 12/31 11:42 AM
LETTER MOTION for Conference to file a motion for leave to conduct expedited discovery addressed to Magistrate Judge James L. Cott from Jason D. Jones dated December 31, 2021. Document filed by Atlus Co., Ltd...(Jones, Jason)
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Wednesday, December 29, 2021
misc Notice to Attorney to Submit AO 120 Form/AO 121 Form Wed 12/29 10:26 AM
***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Jason Douglas Jones to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pc)
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notice Case Opening Initial Assignment Notice Wed 12/29 10:27 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 Wed 12/29 10:28 AM
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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc)
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utility Case Designated ECF Wed 12/29 10:28 AM
Case Designated ECF. (pc)
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Tuesday, December 28, 2021
5 5 NOTICE OF APPEARANCE by Shelby P. Rokito on behalf of Atlus Co., Ltd...(Rokito, Shelby)
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4 4 NOTICE OF APPEARANCE by David Donahue on behalf of Atlus Co., Ltd...(Donahue, David)
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3 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SEGA Sammy Holdings, Inc. for Atlus Co., Ltd.. Document filed by Atlus Co., Ltd...(Jones, Jason)
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2 2 CIVIL COVER SHEET filed..(Jones, Jason)
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1 1 COMPLAINT against John Doe 1, John Doe 2. (Filing Fee $ 402.00, Receipt Number ANYSDC-25518534)Document filed by Atlus Co., Ltd...(Jones, Jason)
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Att: 1 Exhibit A - Infringing Website home page,
Att: 2 Exhibit B - Server Screenshot