Everytown for Gun Safety Action Fund, Inc. v. Defcad, Inc. (1:21-cv-08704)

COMPLAINT against Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User TheGatalog-PrintableMagazines, Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Filing Fee $ 402.00, Receipt Number ANYSDC-25235246)Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4 (1 of 5), # (5) Exhibit 4 (2 of 5), # (6) Exhibit 4 (3 of 5), # (7) Exhibit 4 (4 of 5), # (8) Exhibit 4 (5 of 5), # (9) Exhibit 5).(Ballard, Marcella)

REQUEST FOR ISSUANCE OF SUMMONS as to Defcad, Inc., re: [1] Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

REQUEST FOR ISSUANCE OF SUMMONS as to Defcad User xYeezySZN, re: [1] Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

REQUEST FOR ISSUANCE OF SUMMONS as to The Gatalog, re: [1] Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

REQUEST FOR ISSUANCE OF SUMMONS as to Twitter User xYeezySZN, re: [1] Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Ballard, Marcella)

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Exhibit A - Proposed Order Granting Expedited Discovery, Alternative Service, and Order to Show Cause re: Preliminary Injunction).(Ballard, Marcella) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.

DECLARATION of Marcella Ballard in Support re: [13] Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(Ballard, Marcella)

DECLARATION of Erin Galloway in Support re: [13] Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)

Case Designated ECF. (gp)

ELECTRONIC SUMMONS ISSUED as to Defcad, Inc...(gp)

ELECTRONIC SUMMONS ISSUED as to Defcad User xYeezySZN..(gp)

ELECTRONIC SUMMONS ISSUED as to Defcad User Freeman1337..(gp)

ELECTRONIC SUMMONS ISSUED as to Phillip Royster..(gp)

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). (gp)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Meaghan H. Kent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25257985. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)

ORDER TO SHOW CAUSE: Defendants Defcad, Inc., Odysee User XYEEZYSZN, Defcad User XYEEZYSZN, Odysee User THEGATALOG-PRINTABLEMAGAZINES, The Gatalog, Defcad User FREEMAN1337, Twitter User XYEEZYSZN, and Phillip Royster shall show cause as to why a preliminary injunction should not be issued enjoining and restraining the Defendants and their officers, agents, servants, employees, and attorneys, and all others in active concert or participation with them ("Restrained Parties"), from directly or indirectly: 1. manufacturing, making, buying, purchasing, importing, shipping, delivering, advertising, marketing, promoting, offering to sell, selling, or otherwise distributing or disposing of, in any manner, the Infringing Products or any other files, instructions for manufacture or infringing products, including but not limited to, or firearms, firearm parts and/or accessories, as further set forth in this Order. Opposition papers, if any, are to be filed by Defendants with this Court and served by personal service, notice of electronic filing, facsimile, or email upon Everytown's legal counsel, Marcella Ballard, Meaghan Kent, and Maria Sinatra, of Venable LLP, at their offices at 1270 Avenue of the Americas, 24th Floor, New York, NY 10020, on or before November 11, 2021, and reply papers shall be filed and served in the same manner on or before November 26, 2021, as further set forth. It is further ORDERED that, good cause having been shown, service of the foregoing papers shall be made on Defendants within (5) five business days of November 5, 2021. Service may be made upon any third-party service provider at an earlier date to ensure full execution of the terms of this Order. SO ORDERED. Show Cause Hearing set for 12/2/2021 at 11:30 AM before Judge Paul G. Gardephe. Show Cause Response due by 11/11/2021. (Signed by Judge Paul G. Gardephe on 11/5/2021) (mml)

LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/8/2021 re: [31] EMERGENCY LETTER MOTION to Stay re: [30] Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5 CLARIFYING/SUPPLEMENTING THAT RELIEF IS ALSO SOUGHT WITH RESPECT TO DISCOVERY ORDERED TO BE PRODUCED BY DEFENDANT DEFCAD. Document filed by Defcad, Inc...(Schmutter, Daniel)

NOTICE OF APPEARANCE by Daniel Louis Schmutter on behalf of Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

NOTICE OF APPEARANCE by Daniel Louis Schmutter on behalf of Defcad User Freeman1337..(Schmutter, Daniel)

ORDER denying [31] Motion to Stay re: [31] EMERGENCY LETTER MOTION to Stay re: [30] Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5. For the reasons stated above, Defcad's application for a stay of the expedited discovery order (Dkt. No. 31-33) is denied. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/9/2021) (ks)

MEMO ENDORSEMENT on re: [37] Letter, filed by The Gatalog, Defcad User xYeezySZN, Twitter User xYeezySZN, Phillip Royster, Defcad, Inc., Defcad User Freeman1337, Odysee User xYeezySZN. MEMO ENDORSED: Defendant will file any opposition by November 19, 2021. Plaintiff's reply will now be due on November 29, 2021. SO ORDERED. (Responses due by 11/19/2021, Replies due by 11/29/2021.) (Signed by Judge Paul G. Gardephe on 11/10/2021) (mml)

MOTION for Alicia M. Sharon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25371818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Affidavit In Support of Pro Hac Vice Motion, # (2) Certificate of Good Standing, # (3) Text of Proposed Order).(Sharon, Alicia)

THIRD PARTY MOTION to Intervene To Modify Discovery Order. Document filed by Twitter..(Shapiro, David)

LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/29/2021 re: Various Issues. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: # (1) Exhibit Amicus Curiae Brief of Electronic Frontier Foundation).(Schmutter, Daniel)

Set/Reset Deadlines: Responses due by 11/5/2021 (ks)

ORDER: Plaintiff is directed to respond to third party Twitter's motions to intervene and to modify the November 5, 2021 discovery order (Dkt. Nos. 43-44) by December 2, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/30/2021) ( Responses due by 12/2/2021) (ks)

Set/Reset Deadlines: Responses due by 12/3/2021 Replies due by 12/7/2021. (ks)

LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated December 2, 2021 re: Response to Defendants' pre-motion conference letter [ECF 46]. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

RESPONSE in Opposition to Motion re: [43] THIRD PARTY MOTION to Intervene To Modify Discovery Order. . Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DEFENSE DISTRIBUTED for Defcad, Inc.. Document filed by Defcad, Inc...(Schmutter, Daniel)

RESPONSE re: [56] Response to Order to Show Cause,, CERTIFICATE OF SERVICE. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

REPLY MEMORANDUM OF LAW in Support re: [44] THIRD PARTY MOTION for Discovery Order re Modification. . Document filed by Twitter..(Shapiro, David)

LETTER MOTION for Leave to File Excess Pages for Brief in Opposition to Order to Show Cause Seeking Preliminary Injunction addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021 re: [61] LETTER MOTION for Leave to File Excess Pages for Brief in Opposition to Order to Show Cause Seeking Preliminary Injunction addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021. . Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

REPLY MEMORANDUM OF LAW in Support re: [56] Response to Order to Show Cause,, . Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Affidavit Reply Declaration in Support of OSC, # (2) Exhibit A of Reply Declaration in Support, # (3) Exhibit B of Reply Declaration in Support, # (4) Exhibit C of Reply Declaration in Support, # (5) Exhibit D of Reply Declaration in Support, # (6) Exhibit E of Reply Declaration in Support, # (7) Exhibit F of Reply Declaration in Support).(Ballard, Marcella)

LETTER MOTION for Oral Argument re Miscellaneous Relief for Hearing addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/14/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: # (1) Exhibit).(Schmutter, Daniel)

PROPOSED STIPULATION AND ORDER. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)

RESPONSE to Motion re: [44] THIRD PARTY MOTION for Discovery Order re Modification. OBJECTION TO PROPOSED ORDER APPROVING STIPULATION BETWEEN PLAINTIFF EVERYTOWN FOR GUN SAFETY ACTION FUND, INC. AND THIRD-PARTY TWITTER, INC.. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Odysee User xYeezySZN, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

EMERGENCY LETTER MOTION to Stay re: [30] Order to Show Cause,,,,,,, [72] Order on Motion to Intervene,,,,,, Order on Motion for Discovery,,,,, EMERGENCY LETTER MOTION FOR STAY PENDING APPEAL addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/18/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 74 Notice of Interlocutory Appeal, filed by The Gatalog, Defcad User xYeezySZN, Twitter User xYeezySZN, Phillip Royster, Defcad, Inc., Defcad User Freeman1337, Odysee User xYeezySZN were transmitted to the U.S. Court of Appeals. (tp)

Transmission of USCA Mandate/Order to the District Judge re: 75 USCA Order Other. (tp)

LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Paul G. Gardephe from Marcella Ballard dated December 22, 2021. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # (1) Exhibit A - Proposed First Amended Complaint and Redline Of Proposed Changes, # (2) Exhibit B - Supplemental Declaration of Delia Green).(Ballard, Marcella)

JOINT LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated February 4, 2022 re: Proposed Protective Order. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # 1 Exhibit A - Blackline of Parties proposed revisions to Model Protective Order 2.4.2022).(Ballard, Marcella) (Entered: 02/04/2022)

LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 2/22/2022 re: Response to Letter from Plaintiff. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel) (Entered: 02/22/2022)

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul G. Gardephe on 4/7/2022) (tg)

ORDER: This case has been referred to me for general pretrial purposes. By April 18, 2022, the parties shall jointly file a letter of no more than five pages setting forth (1) status of the case; (2) any pending issues that are ripe but have not yet been resolved; (3) the existing schedule for discovery and any other dates that have been set, or, if no schedule currently exists, a proposal for same; and (4) the status of any settlement discussions. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 4/8/2022) (mml) (Entered: 04/08/2022)

NOTICE of Hearing: Initial Pretrial Conference set for 5/18/2022 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. The parties need not reiterate material from their April 18, 2022 joint letter (Dkt. 85), and may simply reference it in the proposed schedule and order where applicable. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger.(rsh) (Entered: 04/20/2022)

ORDER granting 76 Letter Motion for Leave to File Document. This order resolves Plaintiff's motion to amend as addressed in the parties' submissions at Dkts. 76-77. The Court grants the motion and authorizes Plaintiff to file its amended complaint. The amended complaint shall be filed by May 2, 2022. Pursuant to Fed. R. Civ. P. 15(a)(2), leave to amend shall be freely granted when justice so requires. The Court finds that the amended pleading has not been delayed, is not proffered in bad faith, will not cause undue prejudice, and is warranted in the interests of justice. At this time, the Court makes no finding as to futility. The Court finds that judicial efficiency and the interests of justice warrant deferring consideration of the merits aspects of the amended claims until such time as consideration of the merits of Plaintiff's existing claims. Additionally, Defendants have sought leave to file a motion to dismiss premised on lack of personal jurisdiction and improper venue, which are threshold issues to any determination on the merits. A schedule for the motion to dismiss briefing will be set at the upcoming initial pretrial conference. The parties should discuss a briefing schedule in advance and be prepared to propose a schedule at the conference. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 4/25/2022) (mml) (Entered: 04/25/2022)

AMENDED COMPLAINT amending 1 Complaint,, against Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User TheGatalog-PrintableMagazines, Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN with JURY DEMAND.Document filed by Everytown for Gun Safety Action Fund, Inc.. Related document: 1 Complaint,,. (Attachments: # 1 Exhibit 1 - Defcad Terms of Service, # 2 Exhibit 2 - Defcad Delaware SOS Printout, # 3 Exhibit 3 - Screenshots of Everytown Websites and Products, # 4 Exhibit 4 - Registration Certificates Everytown Marks, # 5 Exhibit 5 (1 of 6) - Everytown Related News Articles, # 6 Exhibit 5 (2 of 6) - Everytown Related News Articles, # 7 Exhibit 5 (3 of 6) - Everytown Related News Articles, # 8 Exhibit 5 (4 of 6) - Everytown Related News Articles, # 9 Exhibit 5 (5 of 6) - Everytown Related News Articles, # 10 Exhibit 5 (6 of 6) - Everytown Related News Articles, # 11 Exhibit 6 - Screenshots of Defendants' Infringing Products, # 12 Exhibit 7 - The Gatalog Submit Your Files Page).(Ballard, Marcella) (Entered: 05/02/2022)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 05/11/2022)

EMERGENCY LETTER MOTION for Extension of Time To Adjourn Preliminary Injunction Hearing and Extend Time to File Supplemental Submissions addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 5/24/2022. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel) (Entered: 05/24/2022)

ORDER granting 94 Letter Motion for Extension of Time. The Parties' supplemental submissions covering the pending application for a preliminary injunction and personal jurisdiction will be submitted by June 1, 2022. There will be no responsive papers. The hearing date is adjourned to June 8, 2022 at 3:30 pm. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/25/2022) (va) (Entered: 05/26/2022)

EMERGENCY LETTER MOTION to Stay re: 96 Order on Motion for Extension of Time, 97 Order, 93 Order, Set Motion and R&R Deadlines/Hearings,,,, MOTION FOR STAY PENDING APPEAL addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 5/27/2022. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel) (Entered: 05/27/2022)

ORDER: denying 98 Letter Motion to Stay re: 98 EMERGENCY LETTER MOTION to Stay re: 96 Order on Motion for Extension of Time, 97 Order, 93 Order, Set Motion and R&R Deadlines/Hearings. MOTION FOR STAY PENDING APPEAL. addressed to Judge Paul G. Gardephe from Daniel L. Schmutt. The Application is Denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/31/2022) (ama)

MEMORANDUM OF LAW in Support re: 96 Order on Motion for Extension of Time, . Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 06/01/2022)

ORDER: The preliminary injunction hearing scheduled for June 8, 2022, is adjourned to June 16, 2022, at 3:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/7/2022) ( Status Conference set for 6/16/2022 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (ks)

EMERGENCY LETTER MOTION to Substitute Attorney. Old Attorney: Daniel L. Schmutter, New Attorney: None EMERGENCY IN CAMERA MOTION TO BE RELIEVED AS COUNSEL TO DEFENDANT DEFCAD USER FREEMAN1337 addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 6/10/2022. Document filed by HARTMAN & WINNICKI, P.C...(Schmutter, Daniel) (Entered: 06/10/2022)

LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 6/13/2022 re: 105 EMERGENCY LETTER MOTION to Substitute Attorney. Old Attorney: Daniel L. Schmutter, New Attorney: None EMERGENCY IN CAMERA MOTION TO BE RELIEVED AS COUNSEL TO DEFENDANT DEFCAD USER FREEMAN1337 addressed to Judge Paul G. Gardephe from Daniel L. SUPPLEMENTAL CERTIFICATE OF SERVICE. Document filed by HARTMAN & WINNICKI, P.C...(Schmutter, Daniel) (Entered: 06/13/2022)

EMERGENCY LETTER MOTION to Substitute Attorney. Old Attorney: Daniel L. Schmutter, New Attorney: NONE - MOTION TO BE RELIEVED AS COUNSEL addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 6/15/2022. Document filed by HARTMAN & WINNICKI, P.C.. (Attachments: # 1 Affidavit DECLARATION OF DANIEL L. SCHMUTTER, # 2 Affidavit CERTIFICATE OF SERVICE).(Schmutter, Daniel) (Entered: 06/15/2022)

LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated July 15, 2022 re: Request that the Court Schedule a Hearing on Everytown's Application for Preliminary Injunctive Relief. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 07/15/2022)

MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: # 1 Affidavit Declaration of Cody Wilson, # 2 Affidavit Declaration of Garret Walliman, # 3 Affidavit Declaration of Phillipp Royster, # 4 Affidavit REDACTED Declaration of The Gatalog, # 5 Affidavit REDACTED Declaration of xYeezySZN Defendants, # 6 Affidavit Declaration of Defcad User Freeman1337, # 7 Affidavit Declaration of Joseph Chavez, # 8 Affidavit Certificate of Service).(Schmutter, Daniel) (Entered: 07/22/2022)

MEMORANDUM OF LAW in Support re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue. . Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel) (Entered: 07/22/2022)

***SELECTED PARTIES***DECLARATION of The Gatalog in Support re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue.. Document filed by The Gatalog, Odysee User xYeezySZN, Defcad User Freeman1337, Phillip Royster, Defcad, Inc., Twitter User xYeezySZN, Defcad User xYeezySZN, Everytown for Gun Safety Action Fund, Inc.. Motion or Order to File Under Seal: 82 .(Schmutter, Daniel) (Entered: 07/22/2022)

REPLY MEMORANDUM OF LAW in Support re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue. REDACTED. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel) (Entered: 07/22/2022)

***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue. . Document filed by The Gatalog, Odysee User xYeezySZN, Defcad User Freeman1337, Phillip Royster, Defcad, Inc., Twitter User xYeezySZN, Defcad User xYeezySZN, Everytown for Gun Safety Action Fund, Inc.. Motion or Order to File Under Seal: 82 .(Schmutter, Daniel) (Entered: 07/22/2022)

LETTER MOTION to Seal addressed to Judge Paul G. Gardephe from Marcella Ballard dated July 22, 2022. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 07/22/2022)

***SELECTED PARTIES***DECLARATION of Erin Galloway in Opposition re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue.. Document filed by Everytown for Gun Safety Action Fund, Inc., Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User TheGatalog-PrintableMagazines, Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: # 1 Exhibit 1-copy of the Submit Your Files page on the Gatalog Website, # 2 Exhibit 2- Mr. Holladays LinkedIn listing, # 3 Exhibit 3- Articles of Incorporation and 2022 Annual Report, # 4 Exhibit 4- copy of the takedown notice and response submitted to Odysee.com, # 5 Exhibit 5- copy of the homepage of the Gatalog Website, # 6 Exhibit 6-copies of the content pages, # 7 Exhibit 7- copy of the www.urbandictionary.com results for gatalog, # 8 Exhibit 8- The odysee.com search results for the gatalog, # 9 Exhibit 9- copy of the Gatalog Websites Beta Program page, # 10 Exhibit 10- url https://chat.deterrencedispensed.com/channel/z.beta, # 11 Exhibit 11- homepage for Deterrence Dispensed, # 12 Exhibit 12- ICANN search results for the Gatalog Website, # 13 Exhibit 13- copy of the Deterrence-Dispensed Odysee.com account, # 14 Exhibit 14- Mr. Holladays website CTRL+Pew, # 15 Exhibit 15- Mr. Holladays website Ctrl+Pew, # 16 Exhibit 16- copy of referrals, affiliate and discount links on CTRL+Pew, # 17 Exhibit 17- CTRL+Pew facilitating bitcoin donations to Defendant Defcad User Freeman1337, # 18 Exhibit 18- copy of the BTCPAY screen, # 19 Exhibit 19- copy of the about page on Freemans odysee.com account, # 20 Exhibit 20- screenshot of a post made by Mr. Walliman on reddit.com, # 21 Exhibit 21- copy of Odysee.coms Monetization of Content, # 22 Exhibit 22- Mr. Roysters internet activities, # 23 Exhibit 23- copy of the Business Insider article, # 24 Exhibit 24- copy of screenshots on www.defcad.com, # 25 Exhibit 25- definition of ghost gun)Motion or Order to File Under Seal: 124 .(Ballard, Marcella) (Entered: 07/22/2022)

DECLARATION of Erin Galloway in Opposition re: 115 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer for Improper Venue.. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # 1 Exhibit 1-copy of the Submit Your Files page on the Gatalog Website, # 2 Exhibit 2- Mr. Holladays LinkedIn listing, # 3 Exhibit 3- Articles of Incorporation and 2022 Annual Report, # 4 Exhibit 4- copy of the takedown notice and response submitted to Odysee.com, # 5 Exhibit 5- copy of the homepage of the Gatalog Website, # 6 Exhibit 6-copies of the content pages, # 7 Exhibit 7- copy of the www.urbandictionary.com results for gatalog, # 8 Exhibit 8- The odysee.com search results for the gatalog, # 9 Exhibit 9- copy of the Gatalog Websites Beta Program page, # 10 Exhibit 10- url https://chat.deterrencedispensed.com/channel/z.beta, # 11 Exhibit 11- homepage for Deterrence Dispensed, # 12 Exhibit 12- ICANN search results for the Gatalog Website, # 13 Exhibit 13- copy of the Deterrence-Dispensed Odysee.com account, # 14 Exhibit 14- Mr. Holladays website CTRL+Pew, # 15 Exhibit 15- Mr. Holladays website Ctrl+Pew, # 16 Exhibit 16- copy of referrals, affiliate and discount links on CTRL+Pew, # 17 Exhibit 17- CTRL+Pew facilitating bitcoin donations to Defendant Defcad User Freeman1337, # 18 Exhibit 18- copy of the BTCPAY screen, # 19 Exhibit 19- copy of the about page on Freemans odysee.com account, # 20 Exhibit 20- screenshot of a post made by Mr. Walliman on reddit.com, # 21 Exhibit 21- copy of Odysee.coms Monetization of Content, # 22 Exhibit 22- Mr. Roysters internet activities, # 23 Exhibit 23- copy of the Business Insider article, # 24 Exhibit 24- copy of screenshots on www.defcad.com, # 25 Exhibit 25- definition of ghost gun).(Ballard, Marcella) (Entered: 07/22/2022)

LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 9/6/2022 re: 109 EMERGENCY LETTER MOTION to Substitute Attorney. Old Attorney: Daniel L. Schmutter, New Attorney: NONE - MOTION TO BE RELIEVED AS COUNSEL addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 6/15/2022. EMERGENCY RELIEF REQUESTED PRIOR TO TOMORROW'S MEDIATION. Document filed by HARTMAN & WINNICKI, P.C.. (Attachments: # 1 Affidavit Supplemental Declaration of Daniel L. Schmutter).(Schmutter, Daniel) (Entered: 09/06/2022)

MEMO ENDORSEMENT on re: 131 Response in Support of Motion,, filed by HARTMAN & WINNICKI, P.C., ENDORSEMENT: Plaintiff is directed to respond by Friday, September 9, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/6/2022) ( Responses due by 9/9/2022) (ks) (Entered: 09/06/2022)

ORDER of USCA (Certified Copy) as to 74 Notice of Interlocutory Appeal, filed by The Gatalog, Defcad User xYeezySZN, Twitter User xYeezySZN, Phillip Royster, Defcad, Inc., Defcad User Freeman1337, Odysee User xYeezySZN. USCA Case Number 22-1183. Appellants move for an extension of time to file their principal brief to either 30 days from the current due date or 30 days from the time the district court provides the clarification this Court ordered in the non-dispositive summary order dated July 12, 2022, whichever is later. IT IS HEREBY ORDERED that the motion is GRANTED as requested. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/09/2022..(nd) (Entered: 09/09/2022)

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Marcella Ballard dated September 15, 2022. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 09/15/2022)

MOTION for Meaghan H. Kent to Withdraw as Attorney . Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Withdraw).(Ballard, Marcella) (Entered: 09/29/2022)

MEMO ENDORSED ORDER granting 139 Motion to Withdraw as Attorney. ENDORSEMENT: Motion granted. SO ORDERED. Attorney Meaghan Hemmings Kent terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 9/30/2022) (mml) (Entered: 09/30/2022)

ORDER granting 142 Letter Motion for Extension of Time to Complete Discovery. Granted. SO ORDERED. Fact Deposition due by 1/31/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/2022) (mml) (Entered: 11/15/2022)

PROPOSED STIPULATION AND ORDER. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 03/02/2023)

JOINT LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated March 3, 2023 re: Hartman and Winnicki, P.C.'s September 6, 2022 Supplemental Request to be relieved as counsel for Defendant Defcad User Freeman 1337. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 03/03/2023)

ORDER: IT IS HEREBY STIPULATED AND AGREED: 1. Royster Defendants shall permanently takedown the Files on online webpages and social media accounts, such as accounts with www.odysee.com and www.defcad.com, controlled, owned and/or operated by the Royster Defendants ("Active Accounts") and make the Files inaccessible to the public within 2 business days of entry of this stipulated Order; the Parties acknowledge that the twitter.com account referenced above is not currently active and cannot be taken down. 2. Royster Defendants shall not advertise, sponsor, offer to sell, sell and/or distribute files for the manufacture of 3D printed guns, gun parts and/or gun accessories bearing the registered trademarks specifically listed in paragraphs 78 and 79 of Everytown's FAC, attached hereto within Schedule 1 (the "Schedule 1 Marks"), provided that this restriction will not apply to the use or depiction of the flag of the United States and/or a check mark, or facsimile thereof notwithstanding any of the Schedule 1 Marks. As further set forth in this Order. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/8/2023) (ks) (Entered: 03/08/2023)

ORDER: IT IS HEREBY STIPULATED AND AGREED: 1. Gatalog shall permanently takedown the Links on active online webpages and active social media accounts owned and/or operated by the Defendant and make the Links inaccessible to the public within 2 business days of entry of this stipulated order; and 2. Gatalog shall submit to only limited jurisdiction in the U.S. District Court for the Southern District of New York solely for the purpose of enforcing this Order. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/8/2023) (ks) (Entered: 03/08/2023)

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) Defcad User xYeezySZN, Odysee User xYeezySZN, Phillip Royster, Twitter User xYeezySZN and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Everytown for Gun Safety Action Fund, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Stipulation of Voluntary Dismissal).(Ballard, Marcella) Modified on 3/16/2023 (tp). (Entered: 03/15/2023)

FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Defcad User xYeezySZN, Odysee User xYeezySZN, Phillip Royster, Twitter User xYeezySZN and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Everytown for Gun Safety Action Fund, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Stipulation of Voluntary Dismissal).(Ballard, Marcella) Modified on 3/22/2023 (tp). (Entered: 03/21/2023)

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) Defcad, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Everytown for Gun Safety Action Fund, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ballard, Marcella) (Entered: 03/22/2023)

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) The Gatalog and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Everytown for Gun Safety Action Fund, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ballard, Marcella) (Entered: 03/22/2023)

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) Defcad User xYeezySZN, Odysee User xYeezySZN, Phillip Royster, Twitter User xYeezySZN and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Everytown for Gun Safety Action Fund, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ballard, Marcella) (Entered: 03/22/2023)

ORDER GRANTING VOLUNTARY DISMISSAL WITH PREJUDICE: Upon stipulation by Plaintiff Everytown for Gun Safety Action Fund, Inc. ("Everytown"), and Defendant The Gatalog ("Gatalog") requesting that Everytown's claims against Gatalog be dismissed with prejudice, and for good cause shown: IT IS HEREBY ORDERED that all claims against Gatalog are dismissed, with prejudice, in connection with the above-captioned action. Each party assumes its own attorneys' fees and costs. (Signed by Judge Paul G. Gardephe on 3/28/2023) The Gatalog terminated. (ks) (Entered: 03/28/2023)

MOTION for Sanctions against Defendant Defcad User Freeman1337., MOTION for Default Judgment as to Defendant Defcad User Freeman1337. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: # 1 Exhibit Proposed Order Granting Motion for Sanctions and Default Judgment).(Ballard, Marcella) (Entered: 04/05/2023)

CLERK'S CERTIFICATE OF DEFAULT as to Odysee User TheGatalog-PrintableMagazines. (tp) (Entered: 04/05/2023)

PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (Entered: 04/05/2023)

AFFIDAVIT OF SERVICE of Motion for Sanctions and Default Judgment, Proposed Order, Memorandum of Law in Support of Motion, and Declaration of Maria Sinatra and accompanying exhibits in support of Motion on Defendant Defcad User Freeman 1337 served on Defendant Defcad User Freeman1337 on April 5, 2023. Service was made by Email. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella) (Entered: 04/06/2023)