Callet World, LLC v. August Hat Company Inc. et al Featured Case

Plaintiff: Callet World, LLC
Defendant: August Hat Company Inc. and Apple Inc.
Case Number: 1:2013cv02030
Filed: March 26, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Jed S. Rakoff
Nature of Suit: Patent
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
August 14, 2013 32 Featured Case ORDER: Accordingly, the case is hereby dismissed with prejudice but with leave to any party to move within 30 days from the date hereof to reopen the case and proceed to trial if the settlement is not fully effectuated. So Ordered (Signed by Judge Jed S. Rakoff on 8/13/2013) (js)
August 13, 2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/13/2013. (Kotowski, Linda)
July 29, 2013 31 DECLARATION of Brian K. Brookey in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Attachments: # 1 Exhibit 1 to Brookey Supplemental Declaration, # 2 Exhibit 2 and 3 to Brookey Supplemental Declaration)(Brookey, Brian)
July 29, 2013 30 REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Brookey, Brian)
July 26, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Brian Kent Brookey to RE-FILE Document 29 Reply Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
July 26, 2013 29 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Attachments: # 1 Supplement SUPPLEMENTAL DECLARATION OF BRIAN K. BROOKEY IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit Exhibit 1 to Supplemental Declaration of Brian K. Brookey In Support of Defendant's Motion for Summary Judgemnt, # 3 Exhibit Exhibits 2 and 3 to Supplemental Declaration of Brian K. Brookey In Support of Defendant's Motion for Summary Judgment)(Brookey, Brian) Modified on 7/29/2013 (ldi).
July 20, 2013 28 COUNTER STATEMENT TO 23 Rule 56.1 Statement. Document filed by Callet World, LLC. (Malek, Kevin)
July 20, 2013 27 DECLARATION of Kevin N. Malek in Opposition re: 19 MOTION for Summary Judgment.. Document filed by Callet World, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 56.1 Counterstatement)(Malek, Kevin)
July 20, 2013 26 DECLARATION of Shawn Vardi in Opposition re: 19 MOTION for Summary Judgment.. Document filed by Callet World, LLC. (Malek, Kevin)
July 19, 2013 25 DECLARATION of Brandon Charnas in Opposition re: 19 MOTION for Summary Judgment.. Document filed by Callet World, LLC. (Malek, Kevin)
July 19, 2013 24 MEMORANDUM OF LAW in Opposition re: 19 MOTION for Summary Judgment.. Document filed by Callet World, LLC. (Attachments: # 1 Affidavit of Service)(Malek, Kevin)
July 3, 2013 23 RULE 56.1 STATEMENT. Document filed by August Hat Company Inc.. (Brookey, Brian)
July 3, 2013 22 DECLARATION of Trent Valladares in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Attachments: # 1 Exhibit 1 - 2)(Brookey, Brian)
July 3, 2013 21 DECLARATION of Brian K. Brookey in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Attachments: # 1 Exhibit 1 - 5, # 2 Exhibit 6 - 9)(Brookey, Brian)
July 3, 2013 20 MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment.. Document filed by August Hat Company Inc.. (Brookey, Brian)
July 3, 2013 19 MOTION for Summary Judgment. Document filed by August Hat Company Inc..(Brookey, Brian)
June 18, 2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/18/2013. (Kotowski, Linda)
May 31, 2013 18 ANSWER to 1 Complaint with JURY DEMAND. Document filed by August Hat Company Inc..(Brookey, Brian)
May 31, 2013 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by August Hat Company Inc..(Brookey, Brian)
May 9, 2013 16 Featured Case ORDER FOR ADMISSION PRO HAC VICE: granting 14 Motion for Brian Kent Brookey to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/8/2013) (js)
May 9, 2013 15 Featured Case STIPULATION AND ORDER OF DISMISSAL:NOW THEREFORE, in consideration of the foregoing, defendant August Hat Company,Inc. and plaintiff Callet World LLC do hereby stipulate and agree as follows:(I) In the event that this Court, or any other court in a successor or related action between plaintiff Callet World LLC and defendant August Hat Company Inc. regarding United States Patent No. D653,656 (the " '656 Patent"), determines that defendant August Hat Company, Inc. is liable for the infringement of the '656 Patent, August Hat Company, Inc. shall also be liable to Callet World LLC, its successors and assigns and any of Callet World LLC's assignees of the '656' Patent, for Apple Inc.'s infringement of the '656 Patent due to Apple's sale of or offers to sell of the same products of defendant August Hat Company, Ine. that are at issue in this action.(2) Plaintiff Callet World LLC shall be able to include, as part of its determination of damages due from defendant August Hat Company, Inc. for infringement of the '656 Patent, Apple's sales information and data w1th respect to products of August Hat Company, Inc. covered by the '656 Patent, including Apple's sales volume, pricing, profits, cost of goods sold and any other information considered relevant under the law with respect to the determination of damages for the infringement of the '656 Patent ("Sales Information"). On the basis of the foregoing stipulations and agreements, Apple Inc. is dismissed with prejudice (Signed by Judge Jed S. Rakoff on 5/8/2013) (js)
May 7, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Brian Kent Brookey 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. (bcu)
May 7, 2013 14 MOTION for Brian Kent Brookey to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by August Hat Company Inc.. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Text of Proposed Order re Motion for Admission Pro Hac Vice)(Brookey, Brian)
May 2, 2013 13 Featured Case STIPULATION AND ORDER REGARDING AUGUST HAT COMPANY INC. D/B/A HEXS TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that the time for Defendant August Hat Company Inc. to answer or otherwise respond to the Complaint is extended 21 days, from May 10 to May 31, 2013. (Signed by Judge Jed S. Rakoff on 5/1/2013) (js)
May 1, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 12 MOTION for Brian K. Brookey to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8471305. 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. Certificate of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
May 1, 2013 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian K. Brookey to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8471305. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by August Hat Company Inc.. (Attachments: # 1 Exhibit - Certificate of Standing, # 2 Text of Proposed Order re Motion for Admission Pro Hac Vice)(Brookey, Brian) Modified on 5/1/2013 (bcu).
April 25, 2013 11 Featured Case STIPULATION AND ORDER REGARDING APPLE INC'S TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that the time for Defendant Apple Inc. to answer or otherwise respond to the Complaint is extended ten (10) days from May 10 lo May 20, 2013. (Signed by Judge Jed S. Rakoff on 4/24/2013) (js)
April 24, 2013 10 Featured Case CIVIL CASE MANAGEMENT PLAN: This Court requires that this case shall be ready for trial by 10/18/13. The case is to be tried to a jury. Amended Pleadings due by 5/8/2013. Joinder of Parties due by 5/8/2013. Motions due by 9/20/2013; Responses due by 10/4/2013; and Replies due by 10/11/2013. Deposition due by 9/6/2013. Discovery due by 9/6/2013. Final Pretrial Conference set for 10/18/2013 at 4:00 PM before Judge Jed S. Rakoff. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/24/2013) (rsh) Modified on 4/26/2013 (rsh).
April 23, 2013 9 NOTICE OF APPEARANCE by Michael F. Hurley on behalf of August Hat Company Inc. (Hurley, Michael)
April 23, 2013 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc..(Levitt, Jamie)
April 19, 2013 7 NOTICE OF APPEARANCE by Jamie A. Levitt on behalf of Apple Inc. (Levitt, Jamie)
April 18, 2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/18/2013. (Kotowski, Linda)
April 18, 2013 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Callet World, LLC.(Malek, Kevin)
March 29, 2013 5 Featured Case AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (sjo)
March 29, 2013 4 NOTICE OF COURT CONFERENCE: Case Management Conference set for 4/24/2013 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (js)
March 29, 2013 3 Featured Case ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: Judge Rakoff has determined that this case is not appropriate for inclusion in the Pilot Project regarding Case Management Techniques for Complex Cases in the Southern district of New York, and, accordingly, the parties should instead proceed in accordance with Judge Rakoff's individual rules and orders. So Ordered (Signed by Judge Jed S. Rakoff on 3/29/2013) (js)
March 26, 2013 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (jd)
March 26, 2013 Case Eligible for Patent Pilot Program. (jd)
March 26, 2013 2 Featured Case STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd)
March 26, 2013 Case Designated ECF. (jd)
March 26, 2013 Magistrate Judge Gabriel W. Gorenstein is so designated. (jd)
March 26, 2013 SUMMONS ISSUED as to Apple Inc., August Hat Company Inc. (jd)
March 26, 2013 1 COMPLAINT against Apple Inc., August Hat Company Inc. (Filing Fee $ 350.00, Receipt Number 465401063518)Document filed by Callet World, LLC.(jd)

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Plaintiff: Callet World, LLC
Represented By: Ayelet Erica Shuber
Represented By: Kevin N Malek
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Defendant: August Hat Company Inc.
Represented By: Michael F. Hurley
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Defendant: Apple Inc.
Represented By: Jamie A. Levitt
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