Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| May 12, 2006 | 1 | COMPLAINT (Original Complaint & Exhibits viewable in Clerk's Office)( Receipt# 325160) against FragranceX.com Inc. $ 350, filed by FragranceNet.com, Inc.. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) |
| May 12, 2006 | 2 | Notice of Report on the filing of an action regarding a Copyright Infringement. (Duong, Susan) |
| May 25, 2006 | 3 | AMENDED COMPLAINT against FragranceX.com Inc., filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sherman, Robert) |
| May 25, 2006 | 4 | SUMMONS Returned Executed by FragranceNet.com, Inc.. FragranceX.com Inc. served on 5/25/2006, answer due 6/14/2006. (Sherman, Robert) |
| June 20, 2006 | 5 | NOTICE of Appearance by Robert S Weisbein on behalf of FragranceX.com Inc. (Weisbein, Robert) |
| June 20, 2006 | 6 | NOTICE of Appearance by Atul R. Singh on behalf of FragranceX.com Inc. (Singh, Atul) |
| June 20, 2006 | 7 | STIPULATION Extending Time to Answer or Otherwise Respond to Plaintiff's Complaint by FragranceX.com Inc.. (Attachments: # 1)(Singh, Atul) |
| June 28, 2006 | 8 | Letter requesting pre-motion conference with the Court by FragranceX.com Inc.. (Rabinowitz, David) |
| June 29, 2006 | 9 | Letter to Judge Bianco re: substitution of counsel by FragranceX.com Inc.. (Rabinowitz, David) |
| June 29, 2006 | 10 |  ORDER re 8 Letter filed by FragranceX.com Inc. The request is GRANTED. IT IS HEREBY ORDERED that counsel for all parties appear for a pre-motion conference on July 20, 2006, at 11:00 a.m., in 100 Federal Plaza, Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER. Ordered by Judge Joseph F. Bianco on 6/29/06. (Bellis, Carly) |
| June 30, 2006 | 11 | Letter requesting denial of defendant's request for a pre-motion conference and granting plaintiff's request to have defendant file an answer by FragranceNet.com, Inc.. (Sherman, Robert) |
| July 5, 2006 | 12 | ORDER re 11 Letter filed by FragranceNet.com, Inc. Plaintiff's request that the Court reconsider the Court's Order dated June 29, 2006, scheduling the pre-motion conference, is denied. Counsel for all parties shall appear for the pre-motion conference on July 20, 2006, at 11:00 a.m., in Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER. Ordered by Judge Joseph F. Bianco on 7/5/06. (Bellis, Carly) |
| June 29, 2006 | 13 | STIPULATION AND ORDER for Substitution of Counsel - It is stipulated by and between the undersigned attorneys that Moses & Singer, LLP be substituted in place of Darby & Darby, P.C., as counsel for Dft FragranceX.com, Inc. Signed by Judge Joseph F. Bianco on 6/29/06. (Valle, Christine) |
| July 18, 2006 | 14 | Letter requesting that the pre-motion conference scheduled on July 20, 2006 be cancelled on consent by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit Proposed Stipulation)(Sherman, Robert) |
| July 27, 2006 | 15 | AMENDED COMPLAINT (SECOND) against all defendants, filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B- Part 1# 3 Exhibit B- Part 2# 4 Exhibit C)(Clayton, Catherine) |
| August 7, 2006 | 16 | ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David) |
| August 7, 2006 | 17 | AFFIDAVIT of Service for Answer to Second Amended Complaint served on Paul, Hasting, Janofsky & Walker LLP on 8/7/06, filed by FragranceX.com Inc.. (Rabinowitz, David) |
| September 19, 2006 | 18 | Amended ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David) |
| March 26, 2007 | 19 | SCHEDULING ORDER: Initial conference set for April 6, 2007. No later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/26/07. (Cass, Luke) |
| March 29, 2007 | 20 | Letter requesting pre-motion conference re: filing an amended complaint by FragranceNet.com, Inc. (Sherman, Robert) |
| March 30, 2007 | 21 | NOTICE by FragranceNet.com, Inc. Withdrawal of Catherine M. Clayton (Attachments: # 1 Affidavit of Catherine M. Clayton in Pursuant to Local Rule 1.4# 2 Text of Proposed Order of Withdrawal) (Clayton, Catherine) |
| March 30, 2007 | 22 | ORDER re 20 Letter filed by FragranceNet.com, Inc. By letter dated March 29, 2007, counsel for plaintiff requested a pre-motion conference. IT IS HEREBY ORDERED that counsel for all parties participate in a pre-motion conference by telephone on April 10, 2007, at 10:00 a.m. Counsel for plaintiff shall initiate the call by contacting Chambers at 631-712-5670 with counsel for all parties on the line. See Attached Order. Ordered by Judge Joseph F. Bianco on 3/30/07. (Bellis, Carly) |
| April 3, 2007 | 23 | Letter requesting adjournment of pre-motion conference by FragranceNet.com, Inc. (Sherman, Robert) |
| April 13, 2007 | 24 | NOTICE of Appearance by Rebecca Kelder Myers on behalf of FragranceNet.com, Inc. (aty to be noticed) (Attachments: # 1 Certificate of Service) (Myers, Rebecca) |
| April 13, 2007 | 25 | Letter MOTION to Adjourn Conference Letter requesting adjournment of Discovery Planning Conference by FragranceNet.com, Inc.. (Myers, Rebecca) |
| April 18, 2007 | 26 | Letter to Judge Bianco by FragranceX.com Inc. (Rabinowitz, David) |
| April 25, 2007 | 27 | Minute Entry for proceedings held before Joseph F. Bianco : Pretrial Conference held on 4/25/2007; case called; all sides present; motion to be filed by 5/4/07; response by 5/18/07; reply by 5/25/07; oral argument set for 6/4/07 at 9:30 (Bollbach, Jean) |
| May 4, 2007 | 28 | Notice of MOTION for Leave to File Third Amended Complaint by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit [Proposed] Order) (Sherman, Robert) |
| May 4, 2007 | 29 | AFFIDAVIT in Support re 28 Notice of MOTION for Leave to File Third Amended Complaint of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert) |
| May 4, 2007 | 30 | AFFIDAVIT in Support re 28 Notice of MOTION for Leave to File Third Amended Complaint of Rebecca Myers, Esq. filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit A Part 3# 4 Exhibit A Part 4# 5 Exhibit B# 6 Exhibit C) (Sherman, Robert) |
| May 4, 2007 | 31 | MEMORANDUM in Support re 28 Notice of MOTION for Leave to File Third Amended Complaint of Fragrancenet's by FragranceNet.com, Inc.. (Sherman, Robert) |
| May 18, 2007 | 32 | MEMORANDUM in Opposition re 28 Notice of MOTION for Leave to File Third Amended Complaint Memorandum of Defendant FragranceX.com, Inc. in Opposition to Motion to Leave to Amend Complaint by FragranceX.com Inc.. (Rabinowitz, David) |
| May 18, 2007 | 33 | AFFIDAVIT in Opposition re 32 Memorandum in Opposition Affidavit of Joy Fallek by FragranceX.com Inc.. (Rabinowitz, David) |
| May 25, 2007 | 34 | REPLY to Response to Motion re 28 Notice of MOTION for Leave to File Third Amended Complaint Reply Declaration of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert) |
| May 25, 2007 | 35 | REPLY to Response to Motion re 28 Notice of MOTION for Leave to File Third Amended Complaint Reply Memorandum of Plaintiff Fragrancenet in Support of filed by FragranceNet.com, Inc.. (Sherman, Robert) |
| May 30, 2007 | 36 | Proposed Scheduling Order and Joint Proposed Case Management Order by FragranceNet.com, Inc. (Attachments: # 1 Exhibit A Stipulation and Proposed Order Governing the Production of Documents and Information) (Sherman, Robert) |
| May 30, 2007 | 37 | STIPULATION and Proposed Order Governing the Production of Documents and Information by FragranceNet.com, Inc. (Sherman, Robert) |
| June 4, 2007 | 38 | Minute Entry for proceedings held before Joseph F. Bianco : Oral Argument held on 6/4/2007; case called; all sides present; argument heard and decision reserved. (Tape #9:00 - 9:44.) (Bollbach, Jean) |
| June 4, 2007 | 39 | Minute Entry for proceedings held before A. Kathleen Tomlinson : Initial Conference Hearing held on 6/4/2007. SCHEDULING: The next conference will be held on October 23, 2007 at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.The parties appeared for the Initial Conference this morning after having appeared before District Judge Bianco on Plaintiff's request to amend the Complaint. The parties advise that Judge Bianco directed discovery to go forward on the claim set forth in the existing Complaint. If the motion is subsequently granted, the scope and timing of discovery will be addressed further. 2.The parties previously met for a Rule 26(f) conference and agreed on certain elements of the discovery schedule. I am adopting the case management plan submitted by them as to the points on which they agreed. I have imposed the remaining dates. The Case Management and Scheduling Order will be entered separately. Initial disclosures are to be served no later than June 8, 2007. 3.With regard to production, the parties have entered into a Stipulation and Order governing the production of documents and information. I will review the Stipulation and if acceptable will so order the document separately. 4. The parties have preliminarily discussed production of electronically stored data and corresponding metadata. Should any dispute arise over the form or content of such production, the parties are to contact Chambers immediately to discuss. 5.Defendant wishes to bifurcate discovery on liability and damages. I have advised Defendant's counsel that such a request requires motion practice. The parties are directed to follow my Individual Practice Rules with respect to the filing of letter motions.SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.) |
| June 5, 2007 | 40 | CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a)is June 4, 2007; First request for production of documents and first request for interrogatories due by July 11, 2007; Deadline for joinder of additional parties and amendment of pleadings is September 6, 2007; Status Conference is scheduled for October 23, 2007, at 10:30 a.m.; All fact discovery to be completed by February 22, 2008; Expert reports to be served by June 2, 2008; Rebuttal expert reports to be served by July 16, 2008; Expert depositions to be concluded by August 29, 2008; Dispositive motion process started by September 8, 2008; Joint pretrial order due by October 8, 2008; Pretrial Conference is set for October 15, 2008 at 11 a.m. The parties are informed that in light of the extended dates given for discovery, no extensions will be granted and the parties should guide themselves accordingly. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.) |
| June 12, 2007 | 41 | ORDER denying 28 Motion for Leave to File. For the reasons set forth in the attached Memorandum and Order, plaintiff's motion for leave to file a Third Amended Complaint is denied as futile. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by JudgeJoseph F. Bianco on 6/12/07. (Bellis, Carly) |
| June 19, 2007 | 42 | Letter requesting that the Court certify for immediate appeal the June 12, 2007 Order by FragranceNet.com, Inc. (Sherman, Robert) |
| June 20, 2007 | 43 | Letter opposing certification for immediate appeal of the June 12, 2007 Order by FragranceX.com Inc. (Rabinowitz, David) |
| June 21, 2007 | 44 | MOTION to Bifurcate Letter Motion to Bifurcate Discovery by FragranceX.com Inc.. (Rabinowitz, David) |
| June 21, 2007 | 45 | AFFIDAVIT/AFFIRMATION re 44 MOTION to Bifurcate Letter Motion to Bifurcate Discovery Affidavit of Service of Letter Motion to Bifurcate Discovery by FragranceX.com Inc. (Rabinowitz, David) |
| June 25, 2007 | 46 | RESPONSE in Opposition re 44 MOTION to Bifurcate Letter Motion to Bifurcate Discovery Letter in Opposition to Defendant's Motion to Bifurcate Discovery filed by FragranceNet.com, Inc.. (Sherman, Robert) |
| July 2, 2007 | 47 | ORDER re 42 Letter filed by FragranceNet.com, Inc. For the reasons set forth in the attached Order, plaintiff's request that this Court certify for immediate appeal the Court's June 12, 2007 Memorandum and Order is DENIED. See Attached Order. Ordered by Judge Joseph F. Bianco on 7/2/07. (Bellis, Carly) |
| August 28, 2007 | 48 | ORDER denying 44 Motion to Bifurcate. Defendant's motion is DENIED. I find that Defendant has not established entitlement to an order bifurcating discovery nor that good cause exists to warrant a stay of discovery on damages. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/28/07. (Cass, Luke) |
| August 30, 2007 | 49 | Letter MOTION for Extension of Time to File and Extend the Deadline for Joinder of Additional Parties and Amendment of Pleadings for Sixty Days to and Including November 5, 2007 by FragranceNet.com, Inc.. (Sherman, Robert) |
| September 28, 2007 | 50 | Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A) (Sherman, Robert) |
| September 28, 2007 | 51 | Letter MOTION for Protective Order by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A) (Sherman, Robert) |
| October 3, 2007 | 52 | RESPONSE to Motion re 50 Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things Defendant's Letter Response to Motion to Compel filed by FragranceX.com Inc.. (Attachments: # 1 Second Amended Complaint, Pt. 1# 2 Second Amended Complaint, Pt. 2# 3 Second Amended Complaint, Pt. 3# 4 Yakuel Declaration# 5 Defendant's Document Production Request# 6 Myers Affidavit, Pt. 1# 7 Myers Affidavit, Pt. 2# 8 Myers Affidavit, Pt. 3# 9 Myers Affidavit, Pt. 4) (Rabinowitz, David) |
| October 3, 2007 | 53 | RESPONSE to Motion re 51 Letter MOTION for Protective Order Defendant's Letter Response to Motion for Protective Order filed by FragranceX.com Inc.. (Rabinowitz, David) |
| October 5, 2007 | 54 | Letter requesting permission to submit a brief reply to defendant's 10/3/07 letter in response to plaintiff's letter motion to compel by FragranceNet.com, Inc. (Sherman, Robert) |
| October 18, 2007 | 55 | REPLY to Response to Motion re 50 Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things filed by FragranceNet.com, Inc.. (Attachments: # 1 Attachment Part 1 of 2# 2 Attachment Part 2 of 2) (Sherman, Robert) |
| October 18, 2007 | 56 | Letter Joint Letter Reporting on the Status of Discovery by FragranceNet.com, Inc. (Sherman, Robert) |
| October 19, 2007 | 57 | NOTICE of Appearance by Sara Jessica Crisafulli on behalf of FragranceNet.com, Inc. (aty to be noticed) (Crisafulli, Sara) |
| October 23, 2007 | 58 | NOTICE by FragranceNet.com, Inc. Withdrawal of Rebecca K. Myers (Attachments: # 1 Affidavit of Rebecca K. Myers Pursuant to Local Rule 1.4# 2 Text of Proposed Order of Withdrawal) (Myers, Rebecca) |