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1
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2026-05-14 |
COMPLAINT filed by NextClimb Investments, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-25115879. |
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Schedule A |
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(Civil Cover Sheet) |
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2
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2026-05-14 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NextClimb Investments, LLC |
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3
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2026-05-14 |
Notice of Claims Involving Trademarks by NextClimb Investments, LLC |
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4
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2026-05-14 |
ATTORNEY Appearance for Plaintiff NextClimb Investments, LLC by Shaoyi Che |
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). |
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
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9
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2026-05-15 |
MOTION by Plaintiff NextClimb Investments, LLC for temporary restraining order |
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Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order |
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Exhibit 1 |
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Exhibit 2 |
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Certificate of Service Declaration of Nicolaus Windekilde Jannasch |
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(Declaration of Shaoyi Che) |
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5
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2026-05-15 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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6
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2026-05-15 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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7
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2026-05-15 |
AMENDED complaint by NextClimb Investments, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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(Schedule A) |
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8
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2026-05-15 |
MOTION by Plaintiff NextClimb Investments, LLC for Electronic Service and Expedited Discovery |
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Memorandum in Support of Plaintiff's Motion for Electronic Service and Expedited Discovery |
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(Declaration of Shaoyi Che) |
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10
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2026-05-15 |
SUPPLEMENT to amended complaint 7 |
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Exhibit 1 - Part 1 |
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(Exhibit 1 - Part 2) |
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11
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2026-05-15 |
SUPPLEMENT to amended complaint 7 |
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Exhibit 1 - Part 3 |
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(Exhibit 1 - Part 4) |
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12
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2026-05-15 |
SUPPLEMENT to amended complaint 7 |
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Exhibit 1 - Part 5 |
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(Exhibit 1 - Part 6) |
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13
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2026-05-15 |
SUPPLEMENT to amended complaint 7 |
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Exhibit 1 - Part 7 |
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(Exhibit 1 - Part 8) |
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14
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2026-05-15 |
SUPPLEMENT to amended complaint 7 |
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(Exhibit 1 - Part 9) |
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15
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2026-05-19 |
MINUTE entry before the Honorable Matthew F. Kennelly: For the reasons stated in Case No. 26-cv-4669, plaintiff's motion for entry of an ex parte temporary restraining order is denied, without prejudice to renewal if and when plaintiff files an amended complaint reducing the number of defendants (currently 160) to 100 or fewer. |
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16
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2026-05-20 |
SECOND AMENDED complaint by NextClimb Investments, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A |
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Schedule A |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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17
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2026-05-20 |
MOTION by Plaintiff NextClimb Investments, LLC for temporary restraining order (Renewed) |
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Memorandum in Support of Plaintiff's Motion for Ex Parte Motion for Entry of a Temporary Restraining Order |
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Declaration of Shaoyi Che |
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Declaration of Nicolaus Windekilde Jannasch |
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Exhibit 1 |
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(Exhibit 2) |
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20
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2026-05-20 |
EX PARTE TEMPORARY RESTRAINING ORDER signed by the Honorable Matthew F. Kennelly on 5/20/2026: Plaintiff's motion for expedited discovery and electronic service 8 and motion for entry of an ex parte temporary restraining order 17 are both granted. Enter Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/3/2026 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO is to be filed by 5/29/2026. The Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing. |
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18
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2026-05-20 |
SUPPLEMENT to amended complaint, 16 |
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Exhibit 1 - Part 1 |
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Exhibit 1 - Part 2 |
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(Exhibit 1 - Part 3) |
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19
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2026-05-20 |
SUPPLEMENT to amended complaint, 16 |
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Exhibit 1 - Part 4 |
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Exhibit 1 - Part 5 |
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(Exhibit 1 - Part 6) |
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22
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2026-05-21 |
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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23
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2026-05-28 |
MOTION by Plaintiff NextClimb Investments, LLC to extend the Temporary Restraining Order |
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(Memorandum in Support of Plaintiffs Motion to Extend TRO) |
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24
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2026-05-30 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order 23 is granted; the ex parte TRO entered by the Court on 5/20/2026 is extended through 6/17/2026. The telephonic preliminary injunction hearing set for 6/3/2026 is vacated and reset to 6/17/2026 at 8:50 AM. The following call-in number will be used: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction is to be filed by 6/12/2026. The Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing. |
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25
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2026-06-01 |
MINUTE entry before the Honorable Matthew F. Kennelly: The bond can be accepted via wire transfer. Mailed notice. |
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26
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2026-06-09 |
SUMMONS Returned Executed by NextClimb Investments, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/9/2026, answer due 6/30/2026. |
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Declaration of Service |
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(Exhibit A) |
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27
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2026-06-12 |
MOTION by Plaintiff NextClimb Investments, LLC for preliminary injunction |
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Memorandum of Law in support of Motion for Entry of a Preliminary Injunction |
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(Declaration of Shaoyi Che) |
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28
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2026-06-16 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable Matthew F. Kennelly on 6/16/2026: No defendant in this case has appeared or responded to the complaint or the motion for preliminary injunction. The telephonic preliminary injunction hearing set for 6/17/2026 is vacated. Plaintiff's motion for entry of a preliminary injunction 27 is granted. Enter Preliminary Injunction Order. The case is set for a telephonic status hearing on 7/28/2026 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. Plaintiff is directed to file a status report on 7/21/2026. |
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29
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2026-06-16 |
MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic hearing set for 6/17/2026 is vacated. |
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30
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2026-06-23 |
ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule A by Bole Yuan |
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31
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2026-06-23 |
MOTION by Plaintiff NextClimb Investments, LLCfor an Order Directing E-Commerce Platform to Release Fund (Joint Motion) |
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32
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2026-06-24 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a motion asking the Court to order online platforms to transfer specific sums--some very large--from the defendants' accounts based on the unsupported representation that the parties have reached settlements in those amounts. As the Court very recently made clear in another case to the plaintiff's attorney in this case, the Court is not willing to take this on faith, given that the other parties have not appeared; supporting evidence is required. Apparently counsel did not apply that lesson in this case. The motion 31 is denied. |
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33
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2026-06-25 |
MINUTE entry before the Honorable Matthew F. Kennelly: It has come to the Court's attention that an appearance had, in fact, been filed for defendants one day prior to the Court's entry of its 6/24/2026 order (see dkt. 32). The Court apologizes for overlooking this. But the Court is constrained to say that the fact that a single lawyer has appeared for 100 separate defendants, all at once, actually raises as many questions in the Court's mind as it answers. The Court will still require documentary support for contention that the amounts sought to be transferred are supported by settlements with each of the defendants named. If the Court has further questions after plaintiff submits a revised motion, it will set the matter down for a further hearing. |
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34
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2026-06-30 |
MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A for order AN ORDER DIRECTING E-COMMERCE PLATFORM TO RELEASE FUNDS FOR SETTLEMENT |
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Declaration REDACTED |
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Exhibit Exhibit 1 |
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Exhibit REDACTED Exh. 2 |
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Exhibit REDACTED Exh. 3 |
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(Exhibit REDACTED Exh. 4) |
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35
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2026-06-30 |
MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A to seal document Declaration and Exhibits 2-4 to Defendants' Motion (ECF No. 34) |
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36
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2026-06-30 |
SEALED DOCUMENT by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A Declaration and Exhibits 2-4 to Defendants' Motion (ECF No. 34) |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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37
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2026-07-02 |
ORDER DIRECTING E-COMMERCE PLATFORM TO RELEASE FUNDS signed by the Honorable Matthew F. Kennelly on 7/2/2026: Motion for order directing release of funds 34 is granted. Motion to file under seal 35 is also granted. Plaintiff is directed to file by 7/10/2026 a status report stating whether any defendants remain in this case, and if so which ones. |
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38
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2026-07-13 |
STATUS Report by NextClimb Investments, LLC |
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39
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2026-07-28 |
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/28/2026. Plaintiff's counsel provided an update on the status of the release of funds from Amazon. The case is set for a telephonic status hearing on 8/18/2026 at 8:50 a.m. A joint status report is due on 8/11/2026, unless a stipulation of dismissal is filed before that date. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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43
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2026-08-24 |
Leave to File Document |
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44
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2026-08-25 |
Order on Motion for Leave to File |
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53
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2026-09-08 |
MOTION by Plaintiff NextClimb Investments, LLCfor leave to allow Attorney Thomas J Nitschke to appear for the in-person hearing set for 9/9/2026 at 9:30 AM (Unopposed) |
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54
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2026-09-08 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to allow attorney Nitzschke to appear at the 9/9/2026 hearing due to attorney Che's inability to travel [53] is respectfully denied; the Court needs to have counsel with personal knowledge of relevant matters present at the hearing. From attorney Che's communications with Judge Kennelly's courtroom deputy clerk the Court understands that resetting the hearing to the week of 9/21/2026 will allow attorney Che to renew his passport so he can travel. Thus at the Court's instance, the hearing set for 9/9/2026 is vacated and reset to 9/22/2026 at 9:30 AM in Courtroom 2103. Counsel for all parties are to appear at that time. |
