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05-1019 - Trudeau et al v. New York State Consumer Protection Board et al


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05-1019 - Trudeau et al v. New York State Consumer Protection Board et al
August 31, 2005
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ORDER, that plaintiffs' 17 application for a TRO is HEREBY GRANTED as follows: 1. The defendants are hereby enjoined from directly contacting any cable or broadcast station in order to induce such station to refuse to carry, or cease to carry, plaintiffs' advertisements for the Natural Cures book authored by Kevin Trudeau; 2. The defendants are hereby enjoined from publishing or disseminating the letter attached as Exhibit A to the TRO application, or any letter substantially similar in content, as a means of indirectly contacting cable or broadcast stations (see "Dear cable station/broadcast station,"); however, 3. Nothing in the language of this TRO shall operate to preclude defendants from communicating with the public concerning the views expressed by the State Consumer Protection Board; and it is further ORDERED that this TRO is effective as of electronic service of this order upon defendants' counsel, Eliot Spitzer, Roger W. Kinsey, Esq., of counsel, and is in effect until the court rules on plaintiffs' application for a preliminary injunction; ORDERED that a hearing on plaintiffs' application for a preliminary injunction is HEREBY scheduled for TUESDAY, SEPTEMBER 6, 2005, at 10:00 A.M. at Courtroom No. 6, 445 Broadway, Albany, New York, First Floor, South; ORDERED that all additional papers, including, inter alia, affidavits, memoranda of law and witness lists, for, or in opposition to, a Preliminary Injunction SHALL be filed electronically on or before September 1, 2005 at 5:00 P.M. Application Hearing on preliminary injunction is set for 9/6/2005 at 10:00 AM in Albany before Judge Gary L. Sharpe. Response due by 9/1/2005. Signed by Judge Gary L. Sharpe on 8/31/2005. (jel, )
May 4, 2006
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 59 Motion to amend complaint, granting in part and denying in part 67 Motion to supplement complaint. Amended complaint to be filed and served by 6/2/06. Defendant's ordered to answer. Signed by Judge Randolph F. Treece on 5/4/06. (tab)
November 30, 2007
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MEMORANDUM-DECISION and ORDER, that the defendants' 130 Motion for Summary Judgment is GRANTED; that the amended complaint is dismissed; that the preliminary injunction issued by oral order dated September 6, 2005 is dissolved. Signed by Judge Gary L. Sharpe on 11/30/22007. (jel, )
February 25, 2008
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MEMORANDUM-DECISION and ORDER, that Trudeau's 147 Motion for Reconsideration is GRANTED; that the 146 Judgment in favor of the defendants is AFFIRMED. Signed by Judge Gary L. Sharpe on 2/25/2008. (jel, )
August 8, 2008
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MEMORANDUM-DECISION and ORDER, that Trudeau's 152 Motion for an award of costs and fees is GRANTED; that Trudeau is awarded attorney's fees in the amount of $104,191.00. Signed by Judge Gary L. Sharpe on 8/7/2008. (jel, )