Case number 1:17-cv-07298
Next Caller Inc. v. Gianni Martire > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 2, 2019 | N/A | Notice Regarding Deleted Document (0) Docket Text:***DELETED DOCUMENT. Deleted document number [50] USCA Mandate. The document was incorrectly filed in this case. (nd) |
| Sep 14, 2018 | N/A | USCA Case Number (0) Docket Text: USCA Case Number 18-2649 from the U.S.C.A. - 2nd Cir. assigned to [48] Notice of Appeal, filed by Gianni Martire. (nd) |
| Sep 14, 2018 | N/A | Appeal Fee Payment (0) Docket Text: Appeal Fee Payment: for [48] Notice of Appeal,. Filing fee $ 505.00, receipt number 0208-15573528. (Zampogna, Christopher) |
| Sep 4, 2018 | N/A | Appeal Record Sent to USCA - Electronic File (0) Docket Text: Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [48] Notice of Appeal, filed by Gianni Martire were transmitted to the U.S. Court of Appeals. (nd) |
| Sep 4, 2018 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [48] Notice of Appeal,. (nd) |
| Sep 4, 2018 | N/A | Appeal Fee Due (0) Docket Text: Appeal Fee Due: for [48] Notice of Appeal,.$505.00 Appeal fee due by 9/18/2018. (nd) |
| Aug 9, 2018 | 41 | Temporary Restraining Order (8) Docket Text: (1) TEMPORARY RESTRAINING ORDER; (2) DOMAIN NAME TRANSFER ORDER; AND (3) ORDER SEALING FILE: The Court finds the Plaintiff has made the following representations: Plaintiff is a Delaware corporation with its principal place of business at 46 Lipsenard Street, New York, NY 10013. Plaintiff is a cyber security services company that sells fraud-prevention and telephone authentication services under the mark NEXT CALLER. Plaintiff owns a federal trademark registration for NEXT CALLER (U.S. Reg. No. 4510246) for these goods and services. Plaintiff having shown that it will suffer irreparable harm without this temporary restraining order and that it may succeed on the merits of it claims against Defendant for cyberpiracy under the Lanham Act (15 U.S.C. ยง 1125(d)) and breach of contract. Transfer of the Next Caller Domains to Plaintiff is necessary to prevent the risk of substantial, immediate, ongoing irreparable harm to Plaintiff. If Defendant is given notice of this application and motion, he may disable Plaintiff's website or redirect traffic from the site and will have continuing access to Next Caller's proprietary information. Upon receipt of this Order, GoDaddy.com, headquartered at 14455 N. Hayden Road, Scottsdale, Arizona, the domain registrar for the Next Caller Domains (nextcaller.com, nextcaller.co.uk, nextcaller.org, nextcaller.us, nextcaller.co, nextcaller.info, nextcaller.net, nextcaller.de, nextcaller.it, nextcaller.jp, and nextcaller.in) shall immediately, without providing notice to the Defendant, freeze administration or login access to the Next Caller Domains, as if that is not immediately feasible, transfer control of these domains to Plaintiff by depositing the domains in Plaintiffs domain account: Username: admin@nextcaller.com; Account Number: 166914106 and by contacting Matthew Williams, Senior Vice President of Engineering for Next Caller, matthew@nextcaller.com, (276) 274-6530. Upon good cause shown and in order to prevent Defendant from transferring the Next Caller Domains out of his control, shutting down the Next Caller Domains, or causing any other injury or harm to Plaintiff through the use of those domains prior to Plaintiff gaining control of the Next Caller Domains, the file in this case shall be sealed until the above-transfer is executed. After the freeze or transfer is executed, Plaintiff will immediately provide copies of it September 25, 2017 filings to the defendant, and as further set forth in this order. No bond necessary. A conference shall be held on Friday, September 29, 2017 at noon in Courtroom 15B, 500 Pearl Street, NY, NY, 10025. (Signed by Judge Denise L. Cote on 9/26/2017) (***Previously filed under seal in envelope #3, and unsealed on 8/9/2018.***)(jwh) Modified on 8/10/2018 (jwh). |
| Aug 9, 2018 | 40 | Order (1) Docket Text: ORDER: IT IS HEREBY ORDERED that the Temporary Restraining Order, Domain Name Transfer Order, and Order Sealing File, contained in sealing envelope #3, shall be unsealed and docketed. (Signed by Judge Denise L. Cote on 8/8/2018) (gr) |
| Aug 9, 2018 | 39 | Order (3) Docket Text: ORDER: This case was filed under seal on September 25, 2017. On September 26, the Court granted the plaintiff a temporary restraining order (TRO), and granted the plaintiffs request for the case to be sealed until the plaintiff gained control of specified domain names. An Order dated October 3, 2017, unsealed the case, stated that previously sealed documents would remain sealed, and directed the plaintiff to request redactions of the sealed documents. The TRO, however, was not publicly filed at that time. On October 4, the plaintiff submitted redacted versions of the complaint, a declaration of Ian Roncoroni dated September 22, 2017 (Roncoroni Declaration), and a memorandum of law it had submitted in support of its motion for a TRO (the TRO Memorandum of Law). The plaintiff also requested that Exhibits 7 and 8 to the complaint be filed under seal. By endorsement of October 6, the Court granted the request to seal Exhibits 7 and 8, denied the request to redact the complaint, and directed the plaintiff to submit copies of the other documents with proposed redactions highlightedOn October 17, the plaintiff submitted to the Court proposed redactions to the Roncoroni Declaration, a declaration of Tim Prugar dated September 22, 2017 (Prugar Declaration), and the TRO Memorandum of Law. On October 23, the TRO was publicly filed for the first time when the defendant attached it to a letter consenting to convert the TRO to a preliminary injunction. The Court approved the redactions proposed on October 17 by endorsement dated October 25. The plaintiff, however, never publicly filed the complaint or the documents for which redactions were approved on October 25. On November 1, 2017, the parties jointly requested a stay in favor of arbitration, which was granted on November 3. On December 13, the Court endorsed the parties stipulation of dismissal, which states that all documents filed under seal in this case are to remain under seal, but which does not address the documents that the plaintiff was directed to file in the October 6 and 25 endorsements. On August 7, 2018, nearly ten months after this case was unsealed, the defendant filed a motion seeking to seal this case. The August 7 motion cites unspecified sensitive business information to justify sealing, but does not disclose that the complaint, TRO Memorandum of Law, and other supporting documents have never been filed publicly, despite the previous direction to do so. Accordingly, it is hereby ORDERED that the defendants August 7 motion to seal this case is denied as both untimely and meritless. See Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139-44 (2d Cir. 2016) (explaining that pleadings and other documents that directly affect an adjudication are subject to a strong presumption of public access that can be overcome only by extraordinary circumstances (citation omitted)). IT IS FURTHER ORDERED that the plaintiff shall comply with the endorsements of October 6 and October 25, 2017, by Monday, August 13, 2018. The plaintiff shall file publicly the unredacted complaint. The plaintiff shall also file publicly the redacted versions of the following documents as directed by the October 25, 2017 endorsement: the Roncoroni Declaration, the Prugar Declaration, and the TRO Memorandum of Law. (Signed by Judge Denise L. Cote on 8/8/2018) (gr) |
| Aug 9, 2018 | N/A | Transmission to Sealed Records Clerk (0) Docket Text: Transmission to Sealed Records Clerk. Transmitted re: [40] Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (gr) |
| Aug 7, 2018 | 38 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Christopher Adam Zampogna on behalf of Gianni Martire. (Zampogna, Christopher) |
| Aug 7, 2018 | 37 | Text of Proposed Order Proposed Order (2) |
| Aug 7, 2018 | 37 | Main Document (5) Docket Text: MOTION to Seal Case Unopposed by Plaintiff. Document filed by Gianni Martire. (Attachments: # (1) Text of Proposed Order Proposed Order)(Zampogna, Christopher) |
| Dec 13, 2017 | 36 | Stipulation and Order of Dismissal (1) Docket Text: STIPULATION OF DISMISSAL with prejudice... without costs. (Signed by Judge Denise L. Cote on 12/13/2017) (gr) |
| Dec 1, 2017 | 35 | Order on Motion for Extension of Time (1) Docket Text: MEMO ENDORSED letter granting [34] Time to Initiate Arbitration until 12/8/2017. (Signed by Judge Denise L. Cote on 12/1/2017) (gr) |
| Dec 1, 2017 | 34 | Motion for Extension of Time (1) Docket Text: LETTER MOTION for Extension of Time to Initiate Arbitration addressed to Judge Denise L. Cote from Michael R. Huttenlocher dated December 1, 2017. Document filed by Next Caller Inc..(Huttenlocher, Michael) |
| Nov 20, 2017 | 33 | Order on Motion for Extension of Time (1) Docket Text: MEMO ENDORSED LETTER addressed to Judge Denise Cote from Michael R. Huttenlocher dated 11/17/2017 re: Letter on behalf of the parties to request a two week extension of Next Caller's time to file an arbitration demand from November 17 to December 1. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/20/2017) (gr) |
| Nov 17, 2017 | 32 | Motion for Extension of Time (1) Docket Text: LETTER MOTION for Extension of Time to File an Arbitration Demand addressed to Judge Denise L. Cote from Michael R. Huttenlocher dated 11/17/17. Document filed by Next Caller Inc..(Huttenlocher, Michael) |
| Nov 17, 2017 | 31 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Michael Robert Huttenlocher, Jr on behalf of Next Caller Inc.. (Huttenlocher, Michael) |
| Nov 3, 2017 | 30 | Order on Motion to Stay (2) Docket Text: ORDER.....this action shall be stayed until the conclusion of the arbitration. IT IS FURTHER ORDERED that Plaintiff shall initiate arbitration with the AAA no later than 14 days after entry of this Order; and IT IS FURTHER ORDERED that parties shall jointly inform this Court of the outcome of the arbitration no later than 30 days after its conclusion. A status letter is due 6/1/18. (Signed by Judge Denise L. Cote on 11/3/2017) (gr) |
| Nov 1, 2017 | 28 | Main Document (2) Docket Text: CONSENT MOTION to Stay . Document filed by Next Caller Inc.. (Attachments: # (1) Proposed Order)(Asher, Monica) |
| Nov 1, 2017 | 28 | Proposed Order (2) |
| Nov 1, 2017 | 29 | Memorandum of Law in Support of Motion (3) Docket Text: MEMORANDUM OF LAW in Support re: [28] CONSENT MOTION to Stay . . Document filed by Next Caller Inc.. (Asher, Monica) |
| Oct 26, 2017 | 27 | Order for Initial Pretrial Conference (2) Docket Text: NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 11/14/2017 at 11:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 10/25/2017) (gr) |
| Oct 25, 2017 | 26 | Endorsed Letter (2) Docket Text: ENDORSED LETTER addressed to Judge Denise L. Cote from Monica Asher dated 10/17/2017 re: requests for redcations. ENDORSEMENT: Redactions are approved. (Signed by Judge Denise L. Cote on 10/25/2017) (gr) |
| Oct 25, 2017 | 25 | Stipulation and Order (1) Docket Text: STIPULATION EXTENDING DEFENDANT'S TIME TO RESPOND TO THE VERIFIED COMPLAINT....until November 8, 2017. (Signed by Judge Denise L. Cote on 10/25/2017) (gr) |
| Oct 25, 2017 | 24 | Order on Motion to Adjourn Conference (2) Docket Text: ORDER granting [23] Defendant Gianni Martire's Letter Motion to Adjourn Conference. (Signed by Judge Denise L. Cote on 10/25/2017) (gr) |
| Oct 23, 2017 | 23 | Motion to Adjourn Conference (11) Docket Text: LETTER MOTION to Adjourn Conference scheduled for October 27, 2017, addressed to Judge Denise L. Cote from Jeffrey D. Rotenberg dated October 23, 2017. Document filed by Gianni Martire.(Rotenberg, Jeffrey) |
| Oct 23, 2017 | 22 | Order (1) Docket Text: ORDER: A conference is scheduled in this case on October 24, 2017 at 2:00 p.m. It is hereby ORDERED that the October 24 conference is adjourned to October 27, 2017 at 9:30 a.m. in Courtroom 15B at the United States Courthouse, 500 Pearl Street, New York, New York, 10007. The temporary restraining order is extended until then, on consent. (Status Conference set for 10/27/2017 at 9:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Katherine B. Forrest (for Judge Cote) on 10/23/2017) (ap) |
| Oct 19, 2017 | 21 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Michael George Lewis on behalf of Gianni Martire. (Lewis, Michael) |
| Oct 18, 2017 | 20 | Motion for Extension of Time to File Answer (2) Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Denise L. Cote from Jeffrey D. Rotenberg, Esq. dated October 18, 2017. Document filed by Gianni Martire.(Rotenberg, Jeffrey) |
| Oct 12, 2017 | 14 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Next Caller Inc. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Oct 12, 2017 | 13 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Oct 12, 2017 | 12 | AO 120 Form Trademark - Case Opening - Submitted (1) Docket Text: AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (rjm) |
| Oct 12, 2017 | 10 | Remark (3) Docket Text: PLAINTIFF'S EX PARTE APPLICATION AND MOTION FOR: (1) TEMPORARY RESTRAINING ORDER (TRO); (2) AN ORDER TRANSFERRING WWW.NEXTCALLER.COM AND OTHER NEXT CALLER FORMATIVE DOMAINS TO PLAINTIFF; AND (3) AN ORDER SEALING FILE PURSUANT TO FED R. CIV. P. 65(b). Document filed by Next Caller Inc. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Oct 12, 2017 | 9 | Order (2) Docket Text: ORDER (1) TEMPORARILY SEALING CASE UNTIL TRANSFER OF DOMAIN NAMES EFFECTUATED AND (2) SEALING EXHIBITS 7 AND 8 OF THE VERIFIED COMPLAINT FOR ENTIRETY OF CASE. It is hereby ORDERED that the Clerk shall seal this case in full until Plaintiff notifies the Court that the transfer of the Next Caller Domains to Plaintiff's control has been successfully completed. Additionally, Exhibits 7 and 8 to the Verified Complaint, as well as Exhibits 7 and 8 to the Declaration of Ian Roncoroni, are agreements between Plaintiff and Defendant and contain confidential and sensitive business information including stock purchase pricing and the terms of Defendant's separation. The Separation Agreement (Exhibit 8) specifically requires the parties Paragraph 2.8 to "use their best efforts to maintain in confidence... the contents and terms of this Agreement." The public disclosure of the content of these agreements would injure Plaintiff, and Plaintiff's interest in maintaining the confidentiality of these documents outweighs any public interest in disclosing them. Therefore, it is FURTHER ORDERED that Exhibits 7 and 8 to the Verified Complaint, and Exhibits 7 and 8 to the Declaration of Ian Roncoroni are sealed. Upon notification from Plaintiff that the transfer of the Next Caller Domains has been completed, Plaintiff shall also submit a redacted copy of the Complaint and the Declaration of Ian Roncoroni redacting any references to the content of these Exhibits. (Signed by Judge Loretta A. Preska in Part I on 9/25/2017). This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Oct 12, 2017 | N/A | Notice Regarding Deleted Document (0) Docket Text:***DELETED DOCUMENT. Deleted document number [8] ORDER. The document was incorrectly filed in this case. (ap) |
| Oct 12, 2017 | N/A | Transmission to Sealed Records Clerk (0) Docket Text: Transmission to Sealed Records Clerk. Transmitted re: [8] Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ap) |
| Oct 6, 2017 | 7 | Endorsed Letter (1) Docket Text: ENDORSED LETTER addressed to Judge Denise L. Cote from Monica Asher dated 10/4/2017 re: redactions. ENDORSEMENT: The request to redact the complaint is denied. The requests to redact the complaint's exhibits are granted. The plaintiff shall by 10/17/17 provide highlighted copies of remaining documents to Chambers to indicate the material it wishes to redact. See the Court's Individual Practices. (Signed by Judge Denise L. Cote on 10/6/2017) (gr) |
| Oct 5, 2017 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz) |
| Oct 3, 2017 | 5 | Order (1) Docket Text: ORDERED that the Clerk of Court shall unseal the above-captioned case. Previously sealed documents shall remain sealed at this time. IT IS FURTHER ORDERED that by October 5, 2017, plaintiff's counsel may request redactions of documents that are now filed under seal pursuant to Individual Practice 4.A. of this Court. (Signed by Judge Denise L. Cote on 10/03/2017) (mps) |
| Oct 3, 2017 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz) |
| Sep 26, 2017 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mps) |
| Sep 26, 2017 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mps) |
| Sep 25, 2017 | N/A | Order (0) Docket Text: ORDER, Case sealed. (Signed by Judge Loretta A. Preska on 09/25/2017) (mps) |
| Sep 25, 2017 | N/A | Case Designation (0) Docket Text: 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: http://nysd.uscourts.gov/forms.php. (mps) |
