116 Filed: 8/23/2017, Entered: 8/23/2017 Memorandum & Opinion

OPINION AND ORDER: For the forging reasons, defendants' motion for summary judgment is GRANTED in its entirety, and plaintiff's motion for partial summary judgment is DENIED. The Clerk of Court is directed to terminate the present action. (Signed by Judge Katherine B. Forrest on 8/23/2017) (js)

Transmission to Judgments and Orders Clerk

Transmission to Judgments and Orders Clerk. Transmitted re: [116] Memorandum & Opinion,, to the Judgments and Orders Clerk. (js)

ORDER: The Court recognizes that a surreply is forthcoming. However, it believes there is a strong possibility of resolving this action on summary judgment. Therefore, the Court adjourns the trial date at this time. Should the surreply change the Court's view as to the possibility of summary judgment, the Court will reschedule the trial date. All remaining dates, including the trial date, are hereby adjourned. (Signed by Judge Katherine B. Forrest on 3/17/2017) (cla)

114 Filed: 3/13/2017, Entered: 3/13/2017 Reply Memorandum of Law in Oppisition to Motion

REPLY MEMORANDUM OF LAW in Opposition re: [82] MOTION for Summary Judgment . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

113 Filed: 3/13/2017, Entered: 3/13/2017 Declaration in Opposition to Motion

DECLARATION of Tim Bukher in Opposition re: [82] MOTION for Summary Judgment .. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Exhibit 43)(Bukher, Tim) Attachment 1

112 Filed: 3/13/2017, Entered: 3/13/2017 Memo Endorsement

MEMO ENDORSEMENT on re: [111] Letter re: Vacate Trial Date and Deadlines Pending Court's Resolution of Cross-MSJ Papers filed by Hila Klein, Ethan Klein. ENDORSEMENT: Ordered: DENIED. I will resolve the motion for summary judgment shortly. The parties should not expect any adjournment of the trial. I do have a criminal trial starting on April 3 and only if that has not finished by April 17 will I adjourn the trial date. File all papers on schedule. (Signed by Judge Katherine B. Forrest on 3/13/2017) (cla)

111 Filed: 3/10/2017, Entered: 3/10/2017 Letter

LETTER addressed to Judge Katherine B. Forrest from Rom Bar-Nissim dated 03/10/2017 re: Vacate Trial Date and Deadlines Pending Court's Resolution of Cross-MSJ Papers. Document filed by Ethan Klein, Hila Klein.(Bar-Nissim, Rom)

110 Filed: 3/9/2017, Entered: 3/9/2017 Order on Motion for Leave to File Document

ORDER granting [103] Letter Motion for Leave to File Sur-reply. So Ordered. You'll need to make a motion in limine. (Signed by Judge Katherine B. Forrest on 3/9/2017) (cla)

CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated August 23, 2017, defendants' motion for summary judgment is granted in its entirety, and plaintiff's motion for partial summary judgment is denied; accordingly, the action is closed. (Signed by Clerk of Court Ruby Krajick on 08/25/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 08/25/2017)

109 Filed: 3/6/2017, Entered: 3/6/2017 Rule 56.1 Statement

RULE 56.1 STATEMENT. Document filed by Matt Hosseinzadeh. (Bukher, Tim)

108 Filed: 3/6/2017, Entered: 3/6/2017 Reply Memorandum of Law in Support of Motion

REPLY MEMORANDUM OF LAW in Support re: [86] MOTION for Partial Summary Judgment . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

107 Filed: 3/6/2017, Entered: 3/6/2017 Rule 56.1 Statement

RULE 56.1 STATEMENT. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

106 Filed: 3/6/2017, Entered: 3/6/2017 Reply Memorandum of Law in Support of Motion

REPLY MEMORANDUM OF LAW in Support re: [82] MOTION for Summary Judgment . . Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

105 Filed: 3/6/2017, Entered: 3/6/2017 Response

RESPONSE re: [94] Objection (non-motion) . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

104 Filed: 3/3/2017, Entered: 3/3/2017 Response in Opposition to Motion

LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Rom Bar-Nissim dated 03/03/2017 re: [103] LETTER MOTION for Leave to File Sur-reply addressed to Judge Katherine B. Forrest from Tim Bukher dated March 3, 2017. . Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

103 Filed: 3/3/2017, Entered: 3/3/2017, Terminated: 3/9/2017 Motion for Leave to File Document

LETTER MOTION for Leave to File Sur-reply addressed to Judge Katherine B. Forrest from Tim Bukher dated March 3, 2017. Document filed by Matt Hosseinzadeh.(Bukher, Tim)

102 Filed: 3/1/2017, Entered: 3/1/2017 Sealed Document

SEALED DOCUMENT placed in vault.(rz)

101 Filed: 2/27/2017, Entered: 2/27/2017 Counter Statement to Rule 56.1

COUNTER STATEMENT TO [83] Rule 56.1 Statement., RULE 56.1 STATEMENT. Document filed by Matt Hosseinzadeh. (Bukher, Tim)

100 Filed: 2/27/2017, Entered: 2/27/2017 Declaration in Opposition to Motion

99 Filed: 2/27/2017, Entered: 2/27/2017 Memorandum of Law in Opposition to Motion

MEMORANDUM OF LAW in Opposition re: [82] MOTION for Summary Judgment . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

NOTICE of Errata for Defendants' Local Rule 56.1 Counter Statement re: [96] Rule 56.1 Statement. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

97 Filed: 2/27/2017, Entered: 2/27/2017 Reply Memorandum of Law in Oppisition to Motion

REPLY MEMORANDUM OF LAW in Opposition re: [86] MOTION for Partial Summary Judgment . . Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

96 Filed: 2/27/2017, Entered: 2/27/2017 Rule 56.1 Statement

RULE 56.1 STATEMENT. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

REPLY To Plaintiff's., RULE 56.1 STATEMENT. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

Objection to Declaration of Matt Hosseinzadeh and Plaintiff's Exhibit 22. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Exhibit 1)(Bar-Nissim, Rom)

93 Filed: 2/27/2017, Entered: 2/27/2017 Declaration in Opposition to Motion

DECLARATION of Rom Bar-Nissim in Opposition re: [86] MOTION for Partial Summary Judgment .. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

92 Filed: 2/27/2017, Entered: 2/27/2017 Declaration in Opposition to Motion

DECLARATION of Ethan and Hila Klein in Opposition re: [86] MOTION for Partial Summary Judgment .. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Appendix Compendium of Exhibits, # (2) Exhibit 114, # (3) Exhibit 115, # (4) Exhibit 116, # (5) Exhibit 117, # (6) Exhibit 118, # (7) Exhibit 119, # (8) Exhibit 120, # (9) Exhibit 121, # (10) Exhibit 122, # (11) Exhibit 123, # (12) Exhibit 124, # (13) Exhibit 125, # (14) Exhibit 126, # (15) Exhibit 127, # (16) Exhibit 128, # (17) Exhibit 129, # (18) Exhibit 130, # (19) Exhibit 131, # (20) Exhibit 132)(Bar-Nissim, Rom)

91 Filed: 2/13/2017, Entered: 2/13/2017 Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Support re: [82] MOTION for Summary Judgment . . Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

90 Filed: 2/13/2017, Entered: 2/13/2017 Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Support re: [86] MOTION for Partial Summary Judgment . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

89 Filed: 2/13/2017, Entered: 2/13/2017 Rule 56.1 Statement

RULE 56.1 STATEMENT. Document filed by Matt Hosseinzadeh. (Bukher, Tim)

88 Filed: 2/13/2017, Entered: 2/13/2017 Declaration in Support of Motion

DECLARATION of Tim Bukher in Support re: [86] MOTION for Partial Summary Judgment .. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Exhibit 6, # (2) Exhibit 27, # (3) Exhibit 30)(Bukher, Tim)

87 Filed: 2/13/2017, Entered: 2/13/2017 Declaration in Support of Motion

DECLARATION of Matt Hosseinzadeh in Support re: [86] MOTION for Partial Summary Judgment .. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 7, # (7) Exhibit 8, # (8) Exhibit 9, # (9) Exhibit 10, # (10) Exhibit 11, # (11) Exhibit 12, # (12) Exhibit 13, # (13) Exhibit 14, # (14) Exhibit 15, # (15) Exhibit 16, # (16) Exhibit 17, # (17) Exhibit 18, # (18) Exhibit 19, # (19) Exhibit 20, # (20) Exhibit 21, # (21) Exhibit 22, # (22) Exhibit 23, # (23) Exhibit 24, # (24) Exhibit 25, # (25) Exhibit 26, # (26) Exhibit 28, # (27) Exhibit 29)(Bukher, Tim)

86 Filed: 2/13/2017, Entered: 2/13/2017, Terminated: 8/23/2017 Motion for Partial Summary Judgment

MOTION for Partial Summary Judgment . Document filed by Matt Hosseinzadeh.(Bukher, Tim)

85 Filed: 2/13/2017, Entered: 2/13/2017 Declaration in Support of Motion

DECLARATION of Rom Bar-Nissim in Support re: [82] MOTION for Summary Judgment .. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

84 Filed: 2/13/2017, Entered: 2/13/2017 Declaration in Support of Motion

DECLARATION of Ethan and Hila Klein in Support re: [82] MOTION for Summary Judgment .. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Appendix Cover Sheet for Compendium of Exhibits, # (2) Exhibit 114, # (3) Exhibit 115, # (4) Exhibit 116, # (5) Exhibit 117, # (6) Exhibit 118, # (7) Exhibit 119, # (8) Exhibit 120, # (9) Exhibit 121, # (10) Exhibit 122, # (11) Exhibit 123, # (12) Exhibit 124, # (13) Exhibit 125, # (14) Exhibit 126, # (15) Exhibit 127, # (16) Exhibit 128, # (17) Exhibit 129, # (18) Exhibit 130, # (19) Exhibit 131, # (20) Exhibit 132)(Bar-Nissim, Rom)

83 Filed: 2/13/2017, Entered: 2/13/2017 Rule 56.1 Statement

RULE 56.1 STATEMENT. Document filed by Ethan Klein, Hila Klein. (Bar-Nissim, Rom)

82 Filed: 2/13/2017, Entered: 2/13/2017, Terminated: 8/23/2017 Motion for Summary Judgment

MOTION for Summary Judgment . Document filed by Ethan Klein, Hila Klein. Responses due by 2/27/2017(Bar-Nissim, Rom)

81 Filed: 1/23/2017, Entered: 1/23/2017 Memo Endorsement

MEMO ENDORSEMENT on re: [80] Reply Memorandum of Law in Support of Motion filed by Matt Hosseinzadeh. ENDORSEMENT: Ordered: The Court has reviewed this filing. It's prior order indicating a likely denial of both 12(c)'s is confirmed. The parties shall proceed to summary judgment as indicated (to be filed on 2/13). (Signed by Judge Katherine B. Forrest on 1/23/2017) (cla)

80 Filed: 1/20/2017, Entered: 1/20/2017 Reply Memorandum of Law in Support of Motion

REPLY MEMORANDUM OF LAW in Support re: [61] CROSS MOTION for Judgment on the Pleadings . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

79 Filed: 1/18/2017, Entered: 1/18/2017 Order on Motion for Judgment on the Pleadings

ORDER denying [53] Motion for Judgment on the Pleadings; denying [61] Motion for Judgment on the Pleadings; terminating [74] Motion for Leave to File Document. Both motions for judgment on the pleadings are therefore DENIED, with specific invitation for the parties to bring early summary judgment motions when the record has been developed. If the parties intend to file for summary judgment on a fair-use defense or any other issue, they must do so not later than the original summary judgment deadline of February 13, 2017.2 The Court does not require the parties to completely rewrite their submissions; the parties may resubmit as much or as little of the present briefing as they deem appropriate on a motion under Rule 56. The Clerk of Court is directed to terminate the motions at ECF Nos. 53, 61, and 74. (Signed by Judge Katherine B. Forrest on 1/18/2017) (cla)

NOTICE of Errata re: [73] Response in Opposition to Motion, [72] Reply Memorandum of Law in Support of Motion. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Exhibit Corrected Consolidated Reply Brief ISO Motion for Judgment on the Pleadings and Opposition to Cross-Motion for Judgment on the Pleadings)(Kravitz, Jeffrey)

77 Filed: 1/17/2017, Entered: 1/17/2017 Response to Motion

LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Tim Bukher dated January 17, 2017 re: [74] LETTER MOTION for Leave to File Request for Judicial Notice addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated 01/13/2017. . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

76 Filed: 1/17/2017, Entered: 1/17/2017 Memo Endorsement

MEMO ENDORSEMENT on re: [75] Letter re: Fact Discovery Deadline, filed by Matt Hosseinzadeh. ENDORSEMENT: Ordered: Fact discovery for the "Google" documents extended only to 2/6/17, without further order of this Court. All other dates -- including summary judgment, remain in place. (Fact Discovery due by 2/6/2017.) (Signed by Judge Katherine B. Forrest on 1/17/2017) (cla)

LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated January 13, 2017 re: Fact Discovery Deadline. Document filed by Matt Hosseinzadeh.(Bukher, Tim)

74 Filed: 1/13/2017, Entered: 1/13/2017, Terminated: 1/18/2017 Motion for Leave to File Document

LETTER MOTION for Leave to File Request for Judicial Notice addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated 01/13/2017. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

73 Filed: 1/13/2017, Entered: 1/13/2017 Response in Opposition to Motion

RESPONSE in Opposition to Motion re: [61] CROSS MOTION for Judgment on the Pleadings . . Document filed by Ethan Klein, Hila Klein. (Kravitz, Jeffrey)

72 Filed: 1/13/2017, Entered: 1/13/2017 Reply Memorandum of Law in Support of Motion

REPLY MEMORANDUM OF LAW in Support re: [53] MOTION for Judgment on the Pleadings . . Document filed by Ethan Klein, Hila Klein. (Kravitz, Jeffrey)

71 Filed: 1/11/2017, Entered: 1/11/2017 Order on Motion for Leave to File Document

MEMO ENDORSEMENT granting [67] Motion for Leave to File Amended Answer to Second Amended Complaint. ENDORSEMENT: Ordered: The Court will allow the amended answer. There is no assertion that such amendment will expand discovery or significantly increase burden. Legal arguments as to its failure to provide a defense may be raised in motions at a later stage. (Signed by Judge Katherine B. Forrest on 1/11/2017) (cla)

70 Filed: 1/10/2017, Entered: 1/10/2017 Response in Opposition to Motion

RESPONSE in Opposition to Motion re: [67] MOTION for Leave to File Amended Answer to Second Amended Complaint . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

69 Filed: 1/5/2017, Entered: 1/5/2017 Memo Endorsement

MEMO ENDORSEMENT on re: [67] MOTION for Leave to File Amended Answer to Second Amended Complaint filed by Hila Klein, Ethan Klein. ENDORSEMENT: Ordered: The Court sees no need for extensive briefing on this issue. What is the basis of any opposition by plaintiff to the proposed amendment? Let me know by letter (on ECF) not later than 1/10/17. (Signed by Judge Katherine B. Forrest on 1/5/2017) (cla)

LETTER addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated 01/04/2017 re: Inadvertent Duplicate Entry for DI 66. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

67 Filed: 1/4/2017, Entered: 1/4/2017, Terminated: 1/11/2017 Motion for Leave to File Document

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Amended Answer to Second Amended Complaint . Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Text of Proposed Order [Proposed] Order Granting Leave to File Answer to Second Amended Complaint, # (2) [Proposed] Amended Answer to Second Amended Complaint)(Kravitz, Jeffrey) Modified on 1/20/2017 (db).

66 Filed: 1/4/2017, Entered: 1/4/2017, Terminated: 1/11/2017 Motion for Leave to File Document

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Answer to Second Amended Complaint . Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey) Modified on 1/20/2017 (db).

65 Filed: 1/3/2017, Entered: 1/3/2017 Order on Motion for Extension of Time

ORDER granting [64] Letter Motion for Extension of Time. So ordered. (Signed by Judge Katherine B. Forrest on 1/3/2017) (cla)

64 Filed: 1/3/2017, Entered: 1/3/2017, Terminated: 1/3/2017 Motion for Extension of Time

LETTER MOTION for Extension of Time addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated 01/03/2017. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 1/13/2017 Replies due by 1/20/2017. (cla)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 1/13/2017 Replies due by 1/20/2017. (cla)

63 Filed: 12/30/2016, Entered: 12/30/2016 Memorandum of Law in Opposition to Motion

MEMORANDUM OF LAW in Opposition re: [53] MOTION for Judgment on the Pleadings . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

62 Filed: 12/30/2016, Entered: 12/30/2016 Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Support re: [61] CROSS MOTION for Judgment on the Pleadings . . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

61 Filed: 12/30/2016, Entered: 12/30/2016, Terminated: 1/18/2017 Motion for Judgment on the Pleadings

CROSS MOTION for Judgment on the Pleadings . Document filed by Matt Hosseinzadeh. Responses due by 1/13/2017(Bukher, Tim)

60 Filed: 12/27/2016, Entered: 12/27/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [59] Notice of Substitution of Attorney, filed by Hila Klein, Ethan Klein. ENDORSEMENT: SO ORDERED. (Attorney Walter-Michael Lee and Allison Rothman terminated.) (Signed by Judge Katherine B. Forrest on 12/27/2016) (cla)

59 Filed: 12/22/2016, Entered: 12/22/2016 Notice of Substitution of Attorney

NOTICE of Substitution of Attorney. Old Attorney: Walter-Michael Lee; Allison Rothman, New Attorney: Jeffrey Stephen Kravitz; Rom Bar-Nissim, Address: Fox Rothschild LLP, 1800 Century Park East, Suite 300, Los Angeles, California, USA 90067-1506, (424) 249-1750. Document filed by Ethan Klein, Hila Klein. (Rothman, Allison)

58 Filed: 12/21/2016, Entered: 12/22/2016 Protective Order

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 12/21/2016) (cla)

LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated December 21, 2016 re: Protective Order. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Text of Proposed Order Stipulated Protective Order)(Bukher, Tim)

LETTER addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated 12/20/2016 re: Plaintiff's Notice of Rule 11 Sanctions. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

55 Filed: 12/16/2016, Entered: 12/16/2016 Order on Motion for Leave to File Document

ORDER granting [52] Letter Motion for Leave to File Document DVD containing 3 videos in support of Motion for Judgment on the Pleadings. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/16/2016) (cla)

54 Filed: 12/16/2016, Entered: 12/16/2016 Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Support re: [53] MOTION for Judgment on the Pleadings . . Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Text of Proposed Order)(Kravitz, Jeffrey)

53 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 1/18/2017 Motion for Judgment on the Pleadings

MOTION for Judgment on the Pleadings . Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

52 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 12/16/2016 Motion for Leave to File Document

LETTER MOTION for Leave to File DVD containing 3 videos in support of Motion for Judgment on the Pleadings addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated December 16, 2016. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

ORDER: As discussed during the 12/5/2016, telephonic status conference, the Court hereby grants defendants' request for substitution of counsel. The next telephonic Status Conference set for 2/28/2017 at 02:00 PM before Judge Katherine B. Forrest. The parties shall call chambers (212-805-0276) from one line at that time. (Signed by Judge Katherine B. Forrest on 12/6/2016) (jwh)

49 Filed: 12/5/2016, Entered: 12/5/2016 Memo Endorsement

MEMO ENDORSEMENT on Proposed Notice of Substitution of Counsel. ENDORSEMENT: Ordered: Before the Court will approve, defense counsel (Fox Rothschild) must confirm that it is prepared to meet the Court's schedule. (Signed by Judge Katherine B. Forrest on 12/5/2016) (cla)

50 Filed: 12/3/2016, Entered: 12/5/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [48] Letter re: Order Docket No. 42 (Corrected), filed by Matt Hosseinzadeh. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/3/2016) (cla)

AMENDED LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated December 2, 2016 re: Order Docket No. 42 (Corrected). Document filed by Matt Hosseinzadeh.(Bukher, Tim)

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #48) - LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated December 2, 2016 re: Order Docket No. 42. Document filed by Matt Hosseinzadeh.(Bukher, Tim) Modified on 12/2/2016 (ldi).

46 Filed: 12/2/2016, Entered: 12/2/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [45] Letter re: Response to Request for Telephonic Conference/Error on Declaration, filed by Hila Klein, Ethan Klein. ENDORSEMENT: Ordered: The parties should let me know if there is any need for further action on this after they have met and conferred. (I would far prefer a negotiated resolution). (Signed by Judge Katherine B. Forrest on 12/2/2016) (cla)

LETTER addressed to Judge Katherine B. Forrest from Jeffrey S. Kravitz dated December 1, 2016 re: Response to Request for Telephonic Conference/Error on Declaration. Document filed by Ethan Klein, Hila Klein.(Kravitz, Jeffrey)

44 Filed: 12/1/2016, Entered: 12/1/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [43] Letter re: Requesting extension of deadline to request reopening of action, filed by Matt Hosseinzadeh. ENDORSEMENT: Ordered: The parties shall proceed as set forth in the Court's endorsement of 11/30/2016. Counsel are reminded that this Court had not yet received an application to substitute/for withdraw (prior) counsel. (Signed by Judge Katherine B. Forrest on 12/1/2016) (cla) (Main Document 44 replaced on 12/2/2016) (cla).

LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated November 30, 2016 re: Order Dkt. No. 42. Document filed by Matt Hosseinzadeh.(Bukher, Tim)

42 Filed: 11/30/2016, Entered: 11/30/2016 Order on Motion to Stay

ORDER granting [38] Letter Motion to Stay or Dissolve Court's November 17, 2016 Order. Ordered: This letter raises several issues. First, in order to substitute counsel/withdraw as counsel, an appropriate application must be filed. No such application has been received. If an application was made, this Court would state what it always states in such situations: that pre-trial dates shall not be adjourned for substitution purposes. Second, discovery closes on Jan. 13, 2017. All parties must comply with the schedule unless good cause (other than changing counsel) is demonstrated. Third, that necessarily means that the requested extension to 1/15/17 is not going to work. The Court will do this: The Order of Nov. 17, 2016 is held in abeyance. The parties shall meet and confer immediately on the discovery requests. Defendants must provide any opposition to the motion to compel (if necessary thereafter) not later than 12/5/16 at 9 am. (Signed by Judge Katherine B. Forrest on 11/30/2016) (cla) Modified on 11/30/2016 (cla).

41 Filed: 11/30/2016, Entered: 11/30/2016 Response in Opposition to Motion

LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Tim Bukher dated November 30, 2016 re: [38] LETTER MOTION to Stay or Dissolve Court's November 17, 2016 Order addressed to Judge Katherine B. Forrest from Caroline A. Morgan dated November 30, 2016. . Document filed by Matt Hosseinzadeh. (Attachments: # (1) Affidavit Declaration of Tim Bukher, # (2) Exhibit A, # (3) Exhibit B)(Bukher, Tim)

ORDER FOR ADMISSION PRO HAC VICE granting [37] Motion for Rom Bar-Nissim to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 11/30/2016) (cla)

ORDER FOR ADMISSION PRO HAC VICE granting [36] Motion for Jeffrey S. Kravitz to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 11/30/2016) (cla)

38 Filed: 11/30/2016, Entered: 11/30/2016, Terminated: 11/30/2016 Motion to Stay

LETTER MOTION to Stay or Dissolve Court's November 17, 2016 Order addressed to Judge Katherine B. Forrest from Caroline A. Morgan dated November 30, 2016. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Declaration of Jeffrey S. Kravitz, # (2) Declaration of Rom Bar-Nissim, # (3) Declaration of Michael Lee, # (4) Declaration of Allison Rothman)(Morgan, Caroline)

MOTION for Rom Bar-Nissim to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Certificate of Good Standing, # (2) Text of Proposed Order)(Bar-Nissim, Rom)

MOTION for Jeffrey S. Kravitz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Certificate of Good Standing, # (2) Text of Proposed Order)(Kravitz, Jeffrey)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [37] MOTION for Rom Bar-Nissim to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., [36] MOTION for Jeffrey S. Kravitz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

35 Filed: 11/29/2016, Entered: 11/29/2016 Notice of Appearance

NOTICE OF APPEARANCE by Caroline Ann Morgan on behalf of Ethan Klein, Hila Klein. (Morgan, Caroline)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rom Bar-Nissim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13010237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Certificate of Good Standing, # (2) Text of Proposed Order)(Bar-Nissim, Rom) Modified on 11/21/2016 (bcu).

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeffrey S. Kravitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13010118. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ethan Klein, Hila Klein. (Attachments: # (1) Certificate of Good Standing, # (2) Text of Proposed Order)(Kravitz, Jeffrey) Modified on 11/21/2016 (bcu).

Notice Regarding Deficient Motion to Appear Pro Hac vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [34] MOTION for Rom Bar-Nissim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13010237. Motion and supporting papers to be reviewed by Clerk's Office staff., [33] MOTION for Jeffrey S. Kravitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13010118. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)

32 Filed: 11/17/2016, Entered: 11/17/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [31] Letter, filed by Matt Hosseinzadeh. ENDORSEMENT: Ordered: Plaintiff's motion to compel is GRANTED as unopposed. Defendant shall comply with the discovery requests by producing the requested documents immediately and in all events not later than Nov. 30, 2016. If defendant fails to do so without extremely good cause shown, sanctions pursuant to Rule 37 may issue. (Signed by Judge Katherine B. Forrest on 11/17/2016) (mro)

31 Filed: 11/11/2016, Entered: 11/11/2016 Letter

LETTER addressed to Judge Katherine B. Forrest from Michael Feldberg dated November 11, 2016 re: Compel Discovery. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Bukher, Tim)

30 Filed: 10/18/2016, Entered: 10/18/2016 Order

ORDER: As discussed during the October 17, 2016, telephonic status conference, the next telephonic status conference is hereby scheduled for Monday, December 5, 2016 at 3:00 p.m. The parties shall call chambers (212-805-0276) from one line at that time. ( Telephone Conference set for 12/5/2016 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/18/2016) (cla)

29 Filed: 10/17/2016, Entered: 10/17/2016 Notice of Appearance

NOTICE OF APPEARANCE by Allison Rothman on behalf of Ethan Klein, Hila Klein. (Rothman, Allison)

28 Filed: 8/16/2016, Entered: 8/16/2016 Notice of Appearance

NOTICE OF APPEARANCE by Michael Feldberg on behalf of Matt Hosseinzadeh. (Feldberg, Michael)

27 Filed: 8/5/2016, Entered: 8/5/2016 Answer to Amended Complaint

ANSWER to [26] Amended Complaint with JURY DEMAND. Document filed by Ethan Klein, Hila Klein.(Lee, Walter-Michael)

26 Filed: 7/22/2016, Entered: 7/22/2016 Amended Complaint

SECOND AMENDED COMPLAINT amending [9] Amended Complaint against Ethan Klein, Hila Klein with JURY DEMAND.Document filed by Matt Hosseinzadeh. Related document: [9] Amended Complaint filed by Matt Hosseinzadeh.(Bukher, Tim)

25 Filed: 7/21/2016, Entered: 7/21/2016 Memo Endorsement

MEMO ENDORSEMENT on re: [24] Letter filed by Matt Hosseinzadeh. ENDORSEMENT: Application granted. Motion at ECF No. 15 terminated. (Signed by Judge Katherine B. Forrest on 7/21/2016) (lmb)

LETTER addressed to Judge Katherine B. Forrest from Tim Bukher dated July 21, 2016 re: Docket No. 15. Document filed by Matt Hosseinzadeh.(Bukher, Tim)

23 Filed: 7/14/2016, Entered: 7/14/2016 Scheduling Order

SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Trial will be before a jury. Trial in this matter shall commence on 4/17/17. Trial is anticipated to take 1 week. Motions due by 1/27/2017. Responses due by 2/17/2017. Replies due by 2/24/2017. Fact Discovery due by 1/13/2017. Expert Discovery due by 2/7/2017. Final Pretrial Conference set for 4/12/2017 at 01:00 PM before Judge Katherine B. Forrest. (Telephonic) Status Conference set for 10/7/2016 at 11:00 AM before Judge Katherine B. Forrest. Pretrial Order due by 4/6/2017. (Signed by Judge Katherine B. Forrest on 7/13/2016) (lmb)

ORDER: On July 13, 2016, the Court held an initial pretrial conference in this matter. As discussed, the Court has converted the motion to dismiss (ECF No. 15) to a motion for summary judgment. Fed. R. Civ. P. 12(d). The parties shall meet and confer regarding the briefing schedule by which this motion will be resolved, including whether there is any need for discovery. The parties shall report their proposed schedule to the Court not later than Thursday, July 21, 2016. As further discussed, defendants' response to the claim in plaintiff's amended complaint which they have not moved to dismiss is not yet due. The Court will set a schedule setting the time for such response upon resolution of the pending motion. (Signed by Judge Katherine B. Forrest on 7/14/2016) (lmb)

Pretrial Conference - Initial

Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 7/13/2016. (jp)

21 Filed: 7/11/2016, Entered: 7/11/2016 Initial Report of Parties Before Pretrial Conference

INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Matt Hosseinzadeh.(Bukher, Tim)

20 Filed: 7/11/2016, Entered: 7/11/2016 Memorandum of Law in Opposition to Motion

MEMORANDUM OF LAW in Opposition re: [15] MOTION to Dismiss the Amended Complaint. . Document filed by Matt Hosseinzadeh. (Bukher, Tim)

19 Filed: 7/11/2016, Entered: 7/11/2016 Declaration in Opposition to Motion

DECLARATION of Matt Hosseinzadeh in Opposition re: [15] MOTION to Dismiss the Amended Complaint.. Document filed by Matt Hosseinzadeh. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Bukher, Tim)

18 Filed: 6/27/2016, Entered: 6/27/2016 Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Support re: [15] MOTION to Dismiss the Amended Complaint. . Document filed by Ethan Klein, Hila Klein. (Lee, Walter-Michael)

17 Filed: 6/27/2016, Entered: 6/27/2016 Declaration in Support of Motion

DECLARATION of Michael Lee in Support re: [15] MOTION to Dismiss the Amended Complaint.. Document filed by Ethan Klein, Hila Klein. (Lee, Walter-Michael)

16 Filed: 6/27/2016, Entered: 6/27/2016 Declaration in Support of Motion

DECLARATION of Ethan Klein in Support re: [15] MOTION to Dismiss the Amended Complaint.. Document filed by Ethan Klein, Hila Klein. (Lee, Walter-Michael)

15 Filed: 6/27/2016, Entered: 6/27/2016, Terminated: 7/21/2016 Motion to Dismiss

MOTION to Dismiss the Amended Complaint. Document filed by Ethan Klein, Hila Klein.(Lee, Walter-Michael)

14 Filed: 6/9/2016, Entered: 6/9/2016 Order on Motion to Adjourn Conference

ORDER granting [13] Letter Motion to Adjourn Conference. Conference adjourned to 7/13/16 at 12 pm. Initial Conference set for 7/13/2016 at 12:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 6/9/2016) (lmb)

13 Filed: 6/9/2016, Entered: 6/9/2016, Terminated: 6/9/2016 Motion to Adjourn Conference

FIRST LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Michael Lee dated June 9, 2016. Document filed by Ethan Klein, Hila Klein.(Lee, Walter-Michael)

12 Filed: 6/9/2016, Entered: 6/9/2016 Notice of Change of Address

NOTICE OF CHANGE OF ADDRESS by Walter-Michael Lee on behalf of All Defendants. New Address: Morrison & Lee LLP, 1745 Broadway, 17th Floor, New York, NY, New York 10106, 212-858-9596. (Lee, Walter-Michael)

11 Filed: 6/9/2016, Entered: 6/9/2016 Notice of Appearance

NOTICE OF APPEARANCE by Walter-Michael Lee on behalf of Ethan Klein, Hila Klein. (Lee, Walter-Michael)

10 Filed: 4/28/2016, Entered: 4/28/2016 Order for Initial Pretrial Conference

ORDER: It is hereby ORDERED that: Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Thursday, June 16, 2016, at 3:00 p.m. And as set forth herein. SO ORDERED. Initial Conference set for 6/16/2016 at 03:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 4/28/2016) (ama)

9 Filed: 4/27/2016, Entered: 4/27/2016 Amended Complaint

FIRST AMENDED COMPLAINT amending [1] Complaint against Ethan Klein, Hila Klein with JURY DEMAND.Document filed by Matt Hosseinzadeh. Related document: [1] Complaint filed by Matt Hosseinzadeh.(Bukher, Tim)

8 Filed: 4/27/2016, Entered: 4/27/2016 Civil Cover Sheet

CIVIL COVER SHEET filed. (Bukher, Tim)

7 Filed: 4/27/2016, Entered: 4/27/2016 Summons Issued

ELECTRONIC SUMMONS ISSUED as to Hila Klein. (dgo)

6 Filed: 4/27/2016, Entered: 4/27/2016 Summons Issued

ELECTRONIC SUMMONS ISSUED as to Ethan Klein. (dgo)

5 Filed: 4/27/2016, Entered: 4/27/2016 AO 121 Form Copyright - Case Opening - Submitted

AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (dgo)

Case Designated ECF

Case Designated ECF. (dgo)

Case Designation

Magistrate Judge Debra C. Freeman is so designated. (dgo)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at 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 http://nysd.uscourts.gov/ecf_filing.php. (dgo)

4 Filed: 4/26/2016, Entered: 4/26/2016 AO 121 Form Copyright - Notice of Submission by Attorney

AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Bukher, Tim)

3 Filed: 4/26/2016, Entered: 4/26/2016 Request for Issuance of Summons

REQUEST FOR ISSUANCE OF SUMMONS as to Hila Klein, re: [1] Complaint. Document filed by Matt Hosseinzadeh. (Bukher, Tim)

2 Filed: 4/26/2016, Entered: 4/26/2016 Request for Issuance of Summons

REQUEST FOR ISSUANCE OF SUMMONS as to Ethan Klein, re: [1] Complaint. Document filed by Matt Hosseinzadeh. (Bukher, Tim)