Bumble and Bumble, LLC v. Pro's Choice Beauty Care, Inc. et al
| Bumble and Bumble, LLC |
| Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc., Doris Arash-Eben, Visible Beauty Corp., Salon Visible Corp., Arturo Vela, Various John Does and R.N. Jane Does |
| Jomax International Corp. and JSR and Associates, LLC |
| E&M ESR INC and PRIMARY ONE LLC |
| 1:2014cv06911 |
| August 25, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Valerie E Caproni |
| James L Cott |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 151 SEALED MATERIALS DISPOSED: Document(s) 81 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/18/2023..(jus) |
| Filing 150 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 81 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/12/2023. .(jus) |
| CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT: in favor of Bumble and Bumble, LLC and against Visible Beauty Corp., Salon Visible Corp., and Arturo Vela (collectively "the Vela Defendants")in the following amounts: (1) $500,00 in statutory damages; (2) $38,697.65 in attorneys' fees; (3) $2,579.63 in costs; (4) Prejudgment interest on $ 200,000 in statutory damages accruing from June 1, 2009 at the rate of 9% in the amount of $124,421.92; (5) Prejudgment interest on $300,000 in statutory damages accruing from December 1, 2011 at the rate of 9% in the amount of $119,095.89; and (6) Post-judgment interest on statutory damages to be calculated pursuant to 28 U.S.C. 1961(a). (dt) |
| CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT in favor of Bumble and Bumble, LLC and against Arturo Vela (collectively "the Vela Defendants")in the following amounts: (1) $500,00 in statutory damages; (2) $38,697.65 in attorneys' fees; (3) $2,579.63 in costs; (4) Prejudgment interest on $ 200,000 in statutory damages accruing from June 1, 2009 at the rate of 9% in the amount of $124,421.92; (5) Prejudgment interest on $300,00 in statutory damages accruing from December 1, 2011 at the rate of 9% in the amount of $119,095.89; and (6) Post-judgment interest on statutory damages to be calculated pursuant to 28 U.S.C. 1961(a). (jk) |
| Filing 149 STIPULATION OF DISMISSAL: Pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii) and by stipulation of the parties that have appeared in the above-captioned action, plaintiff Bumble and bumble, LLC hereby dismisses this action in its entirety with prejudice as against Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc. and Doris Arash-Eben. Each party shall bear its own attorneys' fees and costs for this action. This Stipulation may be executed in two or more counterparts, each of which shall be deemed an original, but of all which together shall constitute one and the same document. A facsimile or scanned and emailed signature will be valid as an original signature for all purposes. CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc., Active Beauty, Inc. and Doris Arash-Eben terminated. (Signed by Judge Valerie E. Caproni on 5/18/2016) (spo) |
| Filing 148 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 5/18/2016 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (mro) |
Filing 147
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the defendants by and through their undersigned counsel, hereby stipulate and agree that any and all claims asserted in this action by: (i) Pro's Choice Beauty Care, Inc. against Active Beauty, Inc., Doris Arash-Eben, Primary One, LLC and E&M ESR, Inc. and (ii) any undersigned defendant against any other undersigned defendant, shall be dismissed with prejudice with each party to bear their own attorneys' fees and costs. (Signed by Judge Valerie E. Caproni on 5/19/2016) (mro)
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| Terminate Transcript Deadlines (mro) |
| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin Joelson to E-MAIL Document No. #145 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk) |
| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin Joelson to E-MAIL Document No. #146 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk) |
| Filing 146 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Active Beauty, Inc., Doris Arash-Eben, E&M ESR INC, PRIMARY ONE LLC, Pro's Choice Beauty Care, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) Modified on 5/17/2016 (jk). |
| Filing 145 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Active Beauty, Inc., Doris Arash-Eben, CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) Modified on 5/17/2016 (jk). |
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Filing 144
ORDER granting #143 LETTER MOTION for Extension of Time to file stipulation of dismissal addressed to Judge Valerie E. Caproni from Ira S. Sacks dated May 3, 2016. Document filed by Bumble and Bumble, LLC. Application GRANTED. The parties' deadline to file a stipulation of dismissal shall be extended to May 20, 2016. So ordered. (Signed by Judge Valerie E. Caproni on 5/5/2016) (rjm)
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| Filing 143 LETTER MOTION for Extension of Time to file stipulation of dismissal addressed to Judge Valerie E. Caproni from Ira S. Sacks dated May 3, 2016. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 142 DEFAULT JUDGMENT: That for the reasons stated in the Court's Order dated April 27, 2016, Magistrate Judge Cott's R&R is adopted, and the Vela Defendants are jointly and severally liable to Bumble in the following amounts: (1) $500,00 in statutory damages; (2) $38,697.65 in attorneys' fees; (3) $2,579.63 in costs; (4) Prejudgment interest on $ 200,000 in statutory damages accruing from June 1, 2009 at the rate of 9% in the amount of $124,421.92; (5) Prejudgment interest on $300,00 in statutory damages accruing from December 1, 2011 at the rate of 9% in the amount of $119,095.89; and (6) Post-judgment interest on statutory damages to be calculated pursuant to 28 U.S.C. 1961(a). (Signed by Clerk of Court Ruby Krajick on 4/28/2016) (Attachments: #1 Noice of Right to Appeal, #2 Notice of Right to Appeal)(dt). |
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Filing 141
ORDER for #125 Report and Recommendations: The Court hereby finds that the Vela Defendants are jointly and severally liable to Bumble in the following amounts, and directs that judgment be entered accordingly: (1) $500,000 in statutory damages; (2) $38,697.65 in attorneys' fees; (3) $2,579.63 in costs; (4) Prejudgment interest on $200,000 in statutory damages accruing from June 1, 2009 at the rate of 9%; (5) Prejudgment interest on $300,000 in statutory damages accruing from December 1, 2011 at the rate of 9%; and (6) Post-judgment interest on statutory damages to be calculated pursuant to 28 U.S.C. 1961(a). Within one week of the date of entry of this Order, the settling parties shall file a stipulation of dismissal in accordance with the Court's Order at docket number 140. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/27/2016) (spo)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #141 Order Adopting Report and Recommendations to the Judgments and Orders Clerk. (spo) |
| Filing 140 MEMO ENDORSEMENT on re: #139 Letter re: Status of settlement negotiations, filed by Bumble and Bumble, LLC. ENDORSEMENT: Application GRANTED. The status conference previously scheduled for April 29, 2016 is cancelled. The parties shall file their stipulation of dismissal within one week of the date of entry of the Court's final decision on the pending Report and Recommendation and request for default judgment against the Vela Defendants. (Signed by Judge Valerie E. Caproni on 4/27/2016) (spo) |
| Filing 139 JOINT LETTER addressed to Judge Valerie E. Caproni from Ira S. Sacks dated April 22, 2016 re: status of settlement negotiations. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 138 MEMO ENDORSEMENT on re: #137 Letter re: the status of settlement negotiations, filed by Bumble and Bumble, LLC. ENDORSEMENT: Application GRANTED. By April 22, 2016, the parties shall submit either a stipulation of dismissal or a joint letter to the Court regarding the status of their settlement negotiations. (Signed by Judge Valerie E. Caproni on 4/11/2016) (spo) |
| Filing 137 JOINT LETTER addressed to Judge Valerie E. Caproni from Benjamin R. Joelson dated April 8, 2016 re: the status of settlement negotiations. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
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Filing 136
MEMO ENDORSEMENT on re: #135 Letter filed by Bumble and Bumble, LLC. ENDORSEMENT: The parties shall submit a further joint letter to the Court regarding the status of their settlement negotiations by April 8, 2016. The status conference previously scheduled for April 8, 2016 shall be adjourned pending further Order of the Court. (Signed by Judge Valerie E. Caproni on 4/4/2016) (kgo)
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| Filing 135 JOINT LETTER addressed to Judge Valerie E. Caproni from Ira S. Sacks dated April 1, 2016 re: status of settlement negotiations and status conference. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 134 NOTICE OF APPEARANCE by Anthony Joseph Viola on behalf of CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Viola, Anthony) |
| Filing 133 MEMO ENDORSEMENT on re: #132 Letter Reply to letter from CVS/PC of this date, filed by Bumble and Bumble, LLC. ENDORSEMENT: By March 25, 2016, counsel for all parties are directed to meet and confer in-person at a mutually convenient location for no less than two hours to discuss the status of settlement agreement in this case. By April 1, 2016, counsel shall submit a joint letter informing the Court whether or not they have finalized or plan to imminently finalize their settlement, or, on the other hand, whether they cannot agree on a final settlement and wish to proceed with discovery. In the event the parties cannot settle and wish to proceed with discovery, counsel for all parties must appear before the Court for a status conference on April 8, 2016 at 10:00 a.m. (Status Conference set for 4/8/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/15/2016) (spo) |
| Filing 132 LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks dated 3/14/16 re: Reply to letter from CVS/PC of this date. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 131 LETTER addressed to Judge Valerie E. Caproni from Anthony Viola dated March 14, 2016 re: Response to Plaintiff's Letter Regarding Status of Settlement Negotiations. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc..(Viola, Anthony) |
| Filing 130 LETTER addressed to Judge Valerie E. Caproni from Ira S. Sacks dated March 11, 2016 re: status of settlement negotiations. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 129 MEMO ENDORSEMENT on re: #128 Letter filed by Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc. ENDORSEMENT: Application GRANTED. The deadline for the completion of fact discovery shall be extended to April 29, 2016. The status conference previously scheduled for March 25, 2016 shall be adjourned to April 29, 2016 at 10:00 a.m. No further extensions will be granted. (Fact Discovery due by 4/29/2016., Status Conference set for 4/29/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/8/2016) (cf) |
| Filing 128 LETTER addressed to Judge Valerie E. Caproni from Andre K. Cizmarik dated March 4, 2016 re: Extension of Current Fact Discovery Deadline. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc..(Cizmarik, Andre) |
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Filing 127
ORDER: Upon inquiry from Plaintiff's counsel as to whether they should serve the Report and Recommendation that the Court issued on February 17, 2016 (Dkt. No. 125), the Court advised counsel that it would mail a copy of the Report and Recommendation to defendants Arturo Vela, Visible Beauty Corp., and Salon Visible Corp. at the last known address of Arturo Vela and the Court has done so as of this date. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/19/2016) (kl)
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| ***DELETED DOCUMENT as per instructions from Magistrate Judge Cott's Chambers on 2/23/2016. Deleted document number 126 ORDER. The document was incorrectly filed in this case. (tro) |
| Filing 125 REPORT AND RECOMMENDATION. For all of the foregoing reasons, I recommend that the Court award Bumble statutory damages of $500,000 and fees and costs in the amount of $41,277.28 ($38,697.65 + $2,579.63), and that the Court award prejudgment and postjudgment interest as described above. (Objections to R&R due by 3/7/2016). (Signed by Magistrate Judge James L. Cott on 2/17/2016) (rjm) |
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Filing 124
ORDER granting #123 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The deadline for the completion of fact discovery shall be extended to March 18, 2016. The status conference previously scheduled for February 19, 2016 shall be adjourned to March 25, 2016 at 10:00 a.m. (Signed by Judge Valerie E. Caproni on 1/20/2016) (spo)
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| Set/Reset Deadlines: Fact Discovery due by 3/18/2016. Set/Reset Hearings: Status Conference set for 3/25/2016 at 10:00 AM before Judge Valerie E. Caproni. (spo) |
| Filing 123 JOINT LETTER MOTION for Extension of Time to Complete Discovery and regarding status of settlement negotiations addressed to Judge Valerie E. Caproni from Ira S. Sacks dated January 19, 2016. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
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Filing 122
ORDER granting #121 JOINT LETTER MOTION for Extension of Time to Complete Discovery and for extension of discovery stay addressed to Judge Valerie E. Caproni from Ira S. Sacks dated November 24, 2015. Application GRANTED. The stay currently in place in this action shall be extended until December 15, 2015. The deadline for the completion of fact discovery shall be extended to February 12, 2016. The status conference previously scheduled for February 5, 2016 shall be adjourned to February 19, 2016 at 10:00 a.m. No further extensions will be granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/30/2015) (adc)
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| Set/Reset Deadlines: (Fact Discovery due by 2/12/2016.) Set/Reset Hearings:(Status Conference set for 2/19/2016 at 10:00 AM before Judge Valerie E. Caproni.) (adc) |
| Filing 121 JOINT LETTER MOTION for Extension of Time to Complete Discovery and for extension of discovery stay addressed to Judge Valerie E. Caproni from Ira S. Sacks dated November 24, 2015. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Set/Reset Deadlines: Deposition due by 12/16/2015. Discovery due by 12/18/2015. (spo) |
| Set/Reset Deadlines: Discovery due by 1/29/2016. (spo) |
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Filing 120
ORDER granting #119 Letter Motion for Extension of Time to Complete Discovery. Discovery in this action shall be stayed until December 1, 2015 pending the parties' settlement negotiations. If the parties' settlement efforts are not successful, the discovery deadline shall be extended to January 29, 2016. The status conference previously scheduled for January 8, 2016 shall be adjourned to February 5, 2016 at 10:00 a.m. No further extensions will be granted. The parties shall jointly notify the Court in the event they would like to request a referral to the Magistrate Judge or to the Court's mediation program to assist with settlement. (Discovery due by 12/1/2015.) (Signed by Judge Valerie E. Caproni on 11/10/2015) (spo)
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| Set/Reset Hearings: Status Conference set for 2/5/2016 at 10:00 AM before Judge Valerie E. Caproni. (spo) |
| Filing 119 JOINT LETTER MOTION for Extension of Time to Complete Discovery and for Stay of Discovery addressed to Judge Valerie E. Caproni from Ira S. Sacks dated November 6, 2015. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 118 MEMO ENDORSEMENT on re: #115 Letter filed by Bumble and Bumble, LLC re: status of discovery. ENDORSEMENT: The parties shall further provide a joint letter regarding the status of discovery by December 1, 2015. (Signed by Judge Valerie E. Caproni on 11/4/2015) (kko) |
| Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 116 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2015 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016.(McGuirk, Kelly) |
| Filing 115 JOINT LETTER addressed to Judge Valerie E. Caproni from all parties dated November 2, 2015 re: status of discovery. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 114 NOTICE OF APPEARANCE by Harral Straat Tenney on behalf of CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Tenney, Harral) |
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Filing 113
ORDER: IT IS HEREBY ORDERED that: 1. For the reasons stated on the record, Pro's Choice's witness, located in Bellport, Long Island, shall be deposed at the Manhattan offices of counsel for either Pro's Choice or Bumble, at the option of Bumble's counsel. 2. Pro's Choice shall produce to Bumble its historical purchase data dating back to January 1, 2006 for the various Bumble products at issue to the extent such data reflects purchases as further set forth in this Order. 3. Pro's Choice shall further produce to Bumble its historical sales data dating back to January 1, 2006 for the various Bumble products at issue to the extent such data reflects sales of products purchased from the Active Defendants and the Vela Defendants to any retailer, including, but not limited to CVS. 4. To the extent Pro's Choice's data reflects sales of the relevant Bumble products that were purchased from the Active Defendants and the Vela Defendants prior to January 1, 2009, CVS shall be required to produce its historical purchase and sale data dating back to January 1, 2006 for the relevant Bumble products purchased from Pro's Choice. 5. Primary One's Rule 30(b)(6) witnesses shall be deposed on December 3, 2015. 6. If Pro's Choice wishes to depose Alex Amano after it has deposed Primary One's Rule 30(b)(6) witnesses, then Mr. Amano shall be deposed on December 18, 2015. 7. For the reasons stated on the record, Bumble's request to Amend the Complaint is DENIED. 8. The parties' fact discovery deadline of December 24, 2015 will not be further extended. 9. In the event that the parties mutually agree that a referral to the Magistrate Judge or the Court's mediation program would be mutually beneficial, the parties should submit a joint letter to the Court requesting such a referral. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 10/26/2015) (spo)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 10/23/2015. See order for scheduling and deadlines set by the Court. (Court Reporter Raquel Robles) (Brantley, Michael) |
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Filing 112
ORDER: IT IS HEREBY ORDERED that the previously scheduled status conference shall be briefly adjourned to October 23, 2015 at 2:30 p.m. (As further set forth in this Order.) (Status Conference set for 10/23/2015 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/20/2015) (spo)
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| Filing 111 JOINT LETTER addressed to Judge Valerie E. Caproni from all parties dated October 19, 2015 re: outstanding discovery issues. Document filed by Bumble and Bumble, LLC. (Attachments: #1 Exhibit 1)(Joelson, Benjamin) |
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Filing 110
MEMO ENDORSEMENT on re: #109 Letter Status Report Update, filed by Bumble and Bumble, LLC. ENDORSEMENT: Between now and October 16, 2015, the parties are directed to meet and confer in order to resolve their discovery disputes in a manner that will allow them to meet the December 24, 2015 discovery deadline. By October 19, 2015, the parties shall submit a joint letter with separately numbered paragraphs describing any outstanding discovery issues with a short statement below each issue noting each disputing party's respective position. The parties are directed to next appear before the Court for a status conference on October 23, 2015 at 2:00 p.m., and should be prepared to discuss any unresolved discovery issues. If there are any depositions that have not been scheduled by October 23, 2015, the Court will set dates for those depositions at the discovery conference. (Discovery due by 12/24/2015.) (Status Conference set for 10/23/2015 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/5/2015) (spo)
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| Filing 109 JOINT LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks (and others) dated 10/1/2015 re: Joint Status Report. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 108 STIPULATION REGARDING BUMBLE NOT SEEKING RECOVERY OF LOST PROFITS: It is hereby stipulated, by and between the plaintiff Bumble & bumble, LLC ("Bumble") and defendants Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc. and Doris-Arash-Eben (collectively, "Defendants") that, in this action, Bumble will not (i) seek to recover its lost profits, if any, (ii) submit any evidence of its profits or of any claimed lost profits at summary judgment, trial or otherwise, including to the extend that Bumble elects in the future to seek statutory damages, or (iii) in any other way take any steps or actions to the effect of having the Court or finder of fact consider Bumble's profits or lost profits as a part of the consideration of damages. The foregoing notwithstanding, Bumble continues to seek, and may see, recapture of Defendants' profits, statutory damages, attorney's fees, investigatory fees, costs, expenses, interest and all relief requested in Bumble's complaint, dated August 25, 2014, other than as expressly set forth above. (Signed by Judge Valerie E. Caproni on 9/11/2015) (spo) |
| Filing 107 LETTER addressed to Judge Valerie E. Caproni from Andre K. Cizmarik on behalf of Defendants Pro's Choice Beauty Care, Inc. and CVS Pharmacy, Inc. dated September 10, 2015 re: Stipulation Regarding Bumble Not Seeking Recovery of Lost Profits. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Attachments: #1 Exhibit Stipulation Regarding Bumble not Seeking Recovery of Lost Profits)(Cizmarik, Andre) |
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Filing 106
ORDER. In light of the stipulation submitted to the Court (Dkt. No. 105), the oral argument scheduled for September 9, 2015 before the undersigned is cancelled. (Signed by Magistrate Judge James L. Cott on 9/3/2015) (rjm)
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Filing 105
STIPULATION RELATING TO COLLATERAL ESTOPPEL EFFECT OF DEFAULT JUDGMENT AGAINST THE VELA DEFENDANTS. It is hereby stipulated and agreed, by and between plaintiff Bumble & bumble, LLC ("Bumble") and defendants Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc. and Doris-Arash-Eben (collectively, "Defendants"), as follows: (1) any default judgment entered against defendants Visible Beauty Corp., Salon Visible Corp. and/or Arturo Vela (collectively, the "Vela Defendants"), including the default judgment dated on or about June 9, 2015, the injunction contained therein, and any findings of fact and/or conclusions of law contained therein or hereinafter entered (collectively, the "Vela Default"), shall have no collateral estoppel or other preclusive effect against the Defendants; (2) Bumble will not refer to, rely upon, or seek to enter into evidence any portion of the Vela Default upon any trial or hearing of this action or as part of summary judgment proceedings, including that Bumble will not refer to, rely upon, or seek to enter into evidence any portion of the Vela Default to establish that any of the Bumble products bought and/or sold by Defendants were counterfeit or with respect to damages claimed against the Defendants; and (3) the Defendants may contest liability and damages, including but not limited to the factual bases therefor, in this action as if the Vela Default had never been entered. (4) after this Stipulation is "So Ordered" by the Court, Docket Nos. 85 and 86 are hereby withdrawn by Pro's Choice and CVS. (Signed by Judge Valerie E. Caproni on 9/2/2015) (rjm)
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| Filing 104 LETTER addressed to Judge Valerie E. Caproni from Andre K. Cizmarik on behalf of Pro's Choice Beauty Care, Inc. and CVS Pharmacy, Inc. dated September 2, 2015 re: Stipulation Relating to Collateral Estoppell Effect of Default Judgment Against the Vela Defendants and Documents to be Withdrawn by Pro's Choice and CVS. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Attachments: #1 Exhibit Stipulation Relating to Collateral Estoppel Effect of Default Judgment Against the Vela Defendants)(Cizmarik, Andre) |
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Filing 103
ORDER: The Court has scheduled an oral argument on September 9, 2015 at 3:00 p.m. to discuss the issues raised by the response submitted by defendants Pro's Choice Beauty Care, Inc. and CVS Pharmacy, Inc. in opposition to Bumble and Bumble, LLC's proposed findings of fact and conclusions of law in support of damages. (Dkt. No. 85). Counsel should appear in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York at the designated time. Finally, the parties should advise the Court in writing as soon as possible if they have resolved their dispute and no longer require the Court's intervention. Oral Argument set for 9/9/2015 at 03:00 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 8/26/2015) (kgo)
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Filing 102
ORDER: IT IS HEREBY ORDERED that the parties shall submit joint letters on the status of discovery on October 1, 2015, November 2, 2015 and December 1, 2015. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 8/26/2015) (spo)
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| Filing 101 MEMO ENDORSEMENT on re: #100 Letter re: Discovery Extension, filed by Bumble and Bumble, LLC. ENDORSEMENT: The deadline for fact discovery shall be extended to December 24, 2015. The deadline for expert discovery shall be extended to March 31, 2016. The status conference previously scheduled for October 2, 2015 shall be extended to January 8, 2016 at 10:00 a.m. Absent extraordinary circumstances, no further discovery extensions will be granted. (Expert Discovery due by 3/31/2016.) (Fact Discovery due by 12/24/2015.) (Status Conference set for 1/8/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/25/2015) (spo) |
| Filing 100 LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks dated 8/25/15 re: Discovery Extension. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 99 LETTER addressed to Judge Valerie E. Caproni from Martin I. Saperstein re: Pro's Choice's & CVS' letter application Docket # 97. Document filed by E&M ESR INC.(Saperstein, Martin) |
| Filing 98 LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks dated 8/21/2015 re: Discovery Cutoff. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 97 LETTER addressed to Judge Valerie E. Caproni from Andre K. Cizmarik dated August 21, 2015 re: extension of the discovery schedule. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc..(Cizmarik, Andre) |
| Filing 96 AFFIDAVIT OF SERVICE of reply memorandum of law (Doc. No. 95) served on Arturo Vela, Visible Beauty Corp. and Salon Visible Corp. on August 14, 2015. Service was made by Mail. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 95 REPLY MEMORANDUM OF LAW re: #79 Proposed Findings of Fact (Reply to Pro's Choice's and CVS's opposition to Bumble's inquest submission against the Vela Defendants). Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 94 AFFIDAVIT OF SERVICE of Scheduling Order for Damages Inquest, dated June 15, 2015, and the Order, dated July 30, 2015 served on Arturo Vela, Salon Visible Corp. and Visible Beauty Corp. on August 1, 2015. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 93 AFFIDAVIT OF SERVICE of the Scheduling Order for Damages Inquest, dated June 15, 2015, and the Order, dated July 30, 2015 served on Arturo Vela, Salon Visible Corp. and Visible Beauty Corp. on July 31, 2015. Service was made by Mail. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 92 AFFIDAVIT OF SERVICE of Plaintiffs Proposed Findings of Fact and Memorandum of Law, and the Declaration of Ira S. Sacks, dated July 10, 2015, with exhibits served on Visible Beauty Corp. on July 15, 2015. Service was accepted by Ernesto Resurreccion, Deputy Secretary of State. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 91 AFFIDAVIT OF SERVICE of Plaintiffs Proposed Findings of Fact and Memorandum of Law, and the Declaration of Ira S. Sacks, dated July 10, 2015, with exhibits served on Salon Visible Corp. on July 15, 2015. Service was accepted by Ernesto Resurreccion, Deputy Secretary of State. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 90 AFFIDAVIT OF SERVICE of Plaintiffs Proposed Findings of Fact and Memorandum of Law, and the Declaration of Ira S. Sacks, dated July 10, 2015, with exhibits served on Arturo Vela on July 18, 2015 and July 25, 2015. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 89 AFFIDAVIT OF SERVICE of Plaintiffs Proposed Findings of Fact and Memorandum of Law, and the Declaration of Ira S. Sacks, dated July 10, 2015, with exhibits served on Arturo Vela on July 10, 2015. Service was made by Mail. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
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Filing 88
ORDER granting #87 Letter Motion for Extension of Time to File Response/Reply Replies due by 8/14/2015. Application granted. Reply papers due by August 14. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 87 LETTER MOTION for Extension of Time to File Response/Reply (for permission to file reply papers relating to the damages inquest as to the Vela Defendants) addressed to Magistrate Judge James L. Cott from Benjamin R. Joelson dated July 31, 2015. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 86 DECLARATION of Andre K. Cizmarik in Support re: #85 Response. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Attachments: #1 Exhibit A to Declaration of Andre K. Cizmarik, #2 Exhibit B to Declaration of Andre K. Cizmarik, #3 Exhibit C to Declaration of Andre K. Cizmarik, #4 Exhibit D to Declaration of Andre K. Cizmarik, #5 Exhibit E to Declaration of Andre K. Cizmarik)(Cizmarik, Andre) |
| Filing 85 RESPONSE re: #79 Proposed Findings of Fact and Memorandum of Law for Damages. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Cizmarik, Andre) |
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Filing 84
ORDER: By letter dated July 29, 2015 (Dkt. No. 83), Plaintiff requested that the Court amend the deadlines in the Court's Scheduling Order for Damages Inquest (Dkt. No. 71) for the reasons stated in its letter. The Court grants Plaintiff's request to amend the Scheduling Order consistent with its letter. Plaintiff is required to serve, by Federal Express, the original Scheduling Order and this Order on the Vela Defendants at Vela's residence by August 5, 2015, and in addition to serve the original Scheduling Order and this Order on the Vela Defendants by affixing a copy of those papers to the gate preventing access to Vela's residence by August 5, 2015. The date by which the Vela Defendants may send to Bumble's counsel and file with the Court their response, if any, to Bumble's already-served and filed submissions is extended to August 28, 2015. (Signed by Magistrate Judge James L. Cott on 7/30/2015) (kgo)
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| Filing 83 AMENDED LETTER addressed to Magistrate Judge James L. Cott from Ira S Sacks dated 7/29/15 re: Service of Order (w exhibits). Document filed by Bumble and Bumble, LLC. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Sacks, Ira) |
| Filing 82 LETTER addressed to Magistrate Judge James L. Cott from Ira S Sacks dated 7/29./15 re: Service of Order. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
| Filing 81 SEALED DOCUMENT placed in vault.(mps) |
| Filing 80 DECLARATION of Ira S Sacks in Support re: #79 Proposed Findings of Fact. Document filed by Bumble and Bumble, LLC. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3 (redacted), #4 Ex. 4, #5 Ex. 5 (under seal), #6 Ex. 6 (under seal), #7 Ex. 7 (under seal), #8 Ex. 8 (under seal), #9 Ex. 9 (under seal), #10 Ex. 10, #11 Ex. 11, #12 Ex. 13, #13 Ex. 14, #14 Ex. 15 (redacted), #15 Ex. 16, #16 Ex. 17, #17 Ex. 12 (part 1/3), #18 Ex. 12 (part 2/3), #19 Ex. 12 (part 3/3))(Sacks, Ira) |
| Filing 79 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
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Filing 78
ORDER: The Court has reviewed these documents and Plaintiff's reasons for seeking their limited publication, namely that they contain either sensitive confidential business information or potentially privileged information, and grants Plaintiff's request. Specifically, Plaintiff may file Exhibits 3 and 15 to the Declaration of Ira S. Sacks submitted in support of Bumble and bumble's Findings of Fact and Memorandum of Law for Damages Inquest Relating to the Default Judgment (the "Sacks Declaration") with redactions and Exhibits 5 through 9 of the same under seal. These materials will remain under seal or redaction until further order of the Court. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/09/2015) (ama)
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| Transmission to Sealed Records Clerk. Transmitted re: #78 Order,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama) |
| Filing 77 AFFIDAVIT OF SERVICE of Default Judgment served on Arturo Vela on July 1, 2015. Document filed by Bumble and Bumble, LLC. (Sacks, Ira) |
| Filing 76 AFFIDAVIT OF SERVICE of Default Judgment served on Visible Beauty Corp. on June 15, 2015. Service was accepted by Staci Mcelyea, Deputy Secretary of State. Document filed by Bumble and Bumble, LLC. (Sacks, Ira) |
| Filing 75 AFFIDAVIT OF SERVICE of Default Judgment served on Salon Visible Corp. on June 15, 2015. Service was accepted by Staci Mcelyea, Deputy Secretary of State. Document filed by Bumble and Bumble, LLC. (Sacks, Ira) |
| Filing 74 MEMO ENDORSEMENT on re: #72 Letter Service of Default Judgment, filed by Bumble and Bumble, LLC. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 7/2/2015) (spo) |
| Filing 73 LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks dated July 2, 2015 re: Service of Default Judgment. Document filed by Bumble and Bumble, LLC. (Attachments: #1 Exhibit FedEx proof of delivery)(Sacks, Ira) |
| Filing 72 LETTER addressed to Judge Valerie E. Caproni from Ira S Sacks dated July 1, 2015 re: Service of Default Judgment. Document filed by Bumble and Bumble, LLC.(Sacks, Ira) |
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Filing 71
SCHEDULING ORDER FOR DAMAGES INQUEST: It is hereby ORDERED that: Plaintiff shall serve the Vela Defendants and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment no later than July 10, 2015. Plaintiff shall include with such service a copy of this Order. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount, and as further set forth herein. (Signed by Magistrate Judge James L. Cott on 6/15/2015) (rjm)
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Filing 70
DEFAULT JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED that Bumble have judgment against the Vela Defendants in an amount to be determined by inquest; and it is further ORDERED, ADJUDGED AND DECREED that: 1. The Vela Defendants are found to be liable to Bumble for (a) trademark counterfeiting in violation of 15 U.S.C. 1114; (b) trademark infringement in violation of 15 U.S.C. 1114; (c) the use of false or misleading designations of origin, in violation of 15 U.S.C. 1125(a); (d) trademark dilution in violation of 15 U.S.C. 1125(c); (e) trademark infringement and unfair competition in violation of the common law of the State of New York; (f) deceptive acts and practices in violation of New York General Business Law 349; and (g) injuring Bumble's public image and business reputation and/or diluting the distinctive quality of the Bumble Trademarks in violation of New York General Business Law 360-l, and the following as further set forth herein. (See Order.) (Signed by Judge Valerie E. Caproni on 6/9/2015) (kgo)
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Filing 69
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge James L. Cott. (Signed by Judge Valerie E. Caproni on 6/9/2015) (kgo)
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Filing 68
ORDER: Plaintiff shall serve a copy of the Default Judgment on the Vela Defendants, using the service methods previously approved by the Court, by June 30, 2015. (Signed by Judge Valerie E. Caproni on 6/9/2015) (spo)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 6/9/2015. No appearance by the defendants. Case will be referred to the designated magistrate judge for inquest and damages( see order). (Court Reporter Paula Speers) (Brantley, Michael) |
| Filing 67 DECLARATION of Ira S. Sacks in Support re: #63 Order to Show Cause,,,,,,. Document filed by Bumble and Bumble, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Complaint, #5 Text of Proposed Order Proposed Default Judgment, #6 Affidavit Affidavit of Service 1, #7 Affidavit Affidavit of Service 2, #8 Affidavit Affidavit of Service 3, #9 Affidavit Affidavit of Service 4, #10 Affidavit Affidavit of Service 5, #11 Affidavit Affidavit of Service 6)(Joelson, Benjamin) |
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Filing 66
ORDER: 1. The parties shall next appear before the Court for a status conference on October 2, 2015, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. 2. If at any time the parties mutually agree that referral to a mediator or magistrate judge for settlement would be beneficial, the parties should submit a joint letter to the Court requesting such a referral. (Status Conference set for 10/2/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/15/2015) (spo)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 5/15/2015. Refer to the Civil Case Management Plan for scheduling and deadlines so ordered by the court. (Court Reporter Kristen Carannante) (Brantley, Michael) |
| Filing 65 NOTICE OF APPEARANCE by James William Boyan, III on behalf of Active Beauty, Inc., Doris Arash-Eben. (Boyan, James) |
| Filing 64 JOINT LETTER addressed to Judge Valerie E. Caproni from Ira S. Sacks, Anthony J. Viola, Sean Mack, Martin I. Saperstein, and Meredith I. Friedman dated May 7, 2015 re: case status. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
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Filing 63
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT For defendants Arturo Vela, Salon Visible Corp. and Visible Beauty Corp shall show cause as to why judgment should not be entered pursuant to Rule 54(b) and Rule 55(b) of the Federal Rules of Civil Procedure in favor of Plaintiff Bumble and bumble, LLC. ORDERED, that service of a copy of this order to show cause, and the papers upon which it is based, upon the Vela Defendants on or before May 15, 2015, by substitute service according to the means authorized in the Order of the Honorable Valerie E. Caproni, dated January 7, 2015 (Doc. No. 3 7), shall be deemed good and sufficient service thereof. ORDERED, that service of a copy of this order to show cause, and the papers upon which it is based, upon Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc., Doris Arash-Eben, Jomax International Corp. a/k/a Jana International Investment Corp., JSR and Associates, LLC, Primary One, LLC and E&M ESR, Inc. (where represented by counsel, upon their counsel) on or before May 8, 2015, by regular mail and/or email, shall be deemed good and sufficient service thereof. ORDERED, that opposition papers, if any, shall be served by overnight mail upon Akern1an LLP, 666 Fifth Avenue, 20111 Floor, New York, New York 10103, Attn: Ira S. Sacks, on or before May 29, 2015. Show Cause Hearing set for 6/9/2015 at 10:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/4/2015) (spo)
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Filing 62
STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Valerie E. Caproni on 4/27/2015) (rjm)
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| Filing 61 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION for Confidentiality (the parties request that the Court so-order the Stipulated Confidentiality Order). Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) Modified on 4/24/2015 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin Reid Joelson to E-MAIL Document No. #61 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 60 CLERK'S CERTIFICATE OF DEFAULT as to Arturo Vela, Visible Beauty Corp. and Salon Visible Corp. (km) |
| Filing 59 CERTIFICATE OF SERVICE of Request for Certificate of Default, [Proposed] Certificate of Default, and Declaration of Ira S. Sacks served on Andre K. Cizmarik, Anthony J. Viola, Sean Mack, Martin I. Saperstein, Meredith I. Friedman, Arturo Vela, Visible Beauty Corp., Salon Visible Corp., JSR and Associates, LLC, Jomax International Corp. on April 14, 2015. Service was made by MAIL. Document filed by Bumble and Bumble, LLC. (Sacks, Ira) |
| Filing 58 DECLARATION of Ira S. Sacks in Support re: #57 Request to Enter Default. Document filed by Bumble and Bumble, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sacks, Ira) |
| Filing 57 REQUEST TO ENTER DEFAULT against Arturo Vela, Visible Beauty Corp., Salon Visible Corp. . Document filed by Bumble and Bumble, LLC. (Attachments: #1 Proposed Certificate of Default)(Sacks, Ira) |
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Filing 56
ORDER granting #55 Letter Motion to Adjourn Conference. Application GRANTED. The status conference previously scheduled for May 22, 2015 shall be rescheduled for May 15, 2015 at 10:00 a.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/10/2015) (kl)
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| Filing 55 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Martin I. Saperstein dated March 10, 2015. Document filed by E&M ESR INC.(Saperstein, Martin) |
| Filing 54 AFFIDAVIT OF SERVICE. Arturo Vela served on 1/27/2015, answer due 2/17/2015. Service was accepted by Arturo Vela. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 53 AFFIDAVIT OF SERVICE. Visible Beauty Corp. served on 2/1/2015, answer due 2/23/2015. Service was accepted by Regina Basuto, Deputy. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 52 AFFIDAVIT OF SERVICE. Salon Visible Corp. served on 2/1/2015, answer due 2/23/2015. Service was accepted by Regina Basuto, Deputy. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 51 NOTICE OF CHANGE OF ADDRESS by Martin Ira Saperstein on behalf of E&M ESR INC. New Address: Goodman & Saperstein, 100 Garden City Plaza, Suite 412B, Garden City, New York, USA 11530, 516-227-2100. (Saperstein, Martin) |
| Filing 49 AMENDED ANSWER to #18 Answer to Complaint, Third Party Complaint, Crossclaim,,,. Document filed by E&M ESR INC. (Saperstein, Martin) |
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Filing 50
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All fact discovery shall be completed no later than 9/25/2015. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 12/31/2015. Pretrial Conference set for 5/22/2015 at 10:00 AM before Judge Valerie E. Caproni in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. This case is to be tried to a jury. (Signed by Judge Valerie E. Caproni on 1/16/2015) (mro)
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| Filing 48 AMENDED ANSWER to #45 Answer to Counterclaim,. Document filed by PRIMARY ONE LLC. (Friedman, Meredith) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 1/16/2015. See order for scheduling and deadlines so ordered by the Court (Court Reporter Steven Griffini) (Brantley, Michael) |
| Filing 47 MEMO ENDORSEMENT on re: #44 Letter filed by PRIMARY ONE LLC. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to update the docket to reflect that Mr. McCleary is not counsel of record for third-party Defendant Primary One, LLC. Attorney Scott Thomas McCleary terminated. (Signed by Judge Valerie E. Caproni on 1/15/2015) (mro) |
| Filing 46 NOTICE of Law Firm Name Change. Document filed by CVS Pharmacy, Inc., Pro's Choice Beauty Care, Inc.. (Viola, Anthony) |
| Filing 45 ANSWER to #43 Counterclaim., COUNTERCLAIM against PRIMARY ONE LLC. Document filed by PRIMARY ONE LLC.(Friedman, Meredith) |
| Filing 44 LETTER addressed to Judge Valerie E. Caproni from Scott t. McCleary, Esq. dated 1/14/15 re: Removal from notifications. Document filed by PRIMARY ONE LLC.(McCleary, Scott) |
| Filing 43 ANSWER to #18 Answer to Complaint, Third Party Complaint, Crossclaim,,,., COUNTERCLAIM against Pro's Choice Beauty Care, Inc.. Document filed by PRIMARY ONE LLC.(Friedman, Meredith) |
| Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PRIMARY ONE LLC.(Friedman, Meredith) |
| Filing 41 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 40 ANSWER to #18 Answer to Complaint, Third Party Complaint, Crossclaim,,,., COUNTERCLAIM against Pro's Choice Beauty Care, Inc.. Document filed by E&M ESR INC.(Saperstein, Martin) |
| Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by E&M ESR INC.(Saperstein, Martin) |
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Filing 38
ORDER granting #36 Letter Motion for Extension of Time to Answer. Application GRANTED. The deadline for Third-Party Defendant Primary One, LLC to answer or respond the Third-Party Complaint shall be extended from December 22, 2014 to January 14, 2015. PRIMARY ONE LLC answer due 1/14/2015. (Signed by Judge Valerie E. Caproni on 1/7/2015) (mro)
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Filing 37
ORDER granting #23 Motion to Serve. For the foregoing reasons, Plaintiff's Motion is GRANTED. Plaintiff may (1) serve Defendant Salon Visible Corp. by hand delivery to the Secretary of State pursuant to CA Corp. Code 1702; (2) serve Defendant Visible Beauty Corp. by personal delivery to the Secretary of State pursuant to CA Corp. Code 2011(b); and (3) serve Defendant Vela by mailing a copy of the summons and complaint to Vela's residence by FedEx and by affixing a copy of the summons and complaint to the gate preventing access to Vela's residence once a week for two successive weeks, pursuant to C.P.L.R. 308(5). Plaintiff's deadline to effect service on the California Corporations and Vela is extended to March 8, 2015. The Clerk of Court is respectfully requested to terminate the open entry at docket number 23. (Signed by Judge Valerie E. Caproni on 1/7/2015) (mro)
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| Set/Reset Deadlines: Service due by 3/8/2015. (mro) |
| Filing 36 LETTER MOTION for Extension of Time to File Answer re: #18 Answer to Complaint, Third Party Complaint, Crossclaim,,, addressed to Judge Valerie E. Caproni from Meredith I. Friedman dated January 6, 2015. Document filed by PRIMARY ONE LLC. (Attachments: #1 Exhibit Stipulation Extending Time to Answer)(McCleary, Scott) |
| Filing 35 SUMMONS RETURNED EXECUTED Summons and Answer to Complaint, Third Party Complaint, Crossclaim,,, served. PRIMARY ONE LLC served on 12/4/2014, answer due 12/25/2014. Document filed by Pro's Choice Beauty Care, Inc.. (Cizmarik, Andre) |
| Filing 34 ANSWER to #29 Crossclaim. Document filed by Pro's Choice Beauty Care, Inc..(Cizmarik, Andre) |
| Filing 33 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law and Declaration of Benjamin R. Joelson (with exhibits) served on Visible Beauty Corp., Salon Visible Corp. and Arturo Vela on December 12, 2014. Service was made by Mail. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 32 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law and Declaration of Benjamin R. Joelson (with exhibits) served on Pro's Choice Beauty Care, Inc., CVS Pharmacy, Inc., Active Beauty, Inc., Doris Arash-Eben, E&M ESR Inc. on December 12, 2014. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
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Filing 31
ORDER granting #27 Letter Motion for Extension of Time to Answer. Application GRANTED. E&M ESR, Inc.'s deadline to answer or otherwise respond to the Third-Party Complaint shall be extended from December 22, 2014 to January 9, 2015. E&M ESR INC answer due 1/9/2015. (Signed by Judge Valerie E. Caproni on 12/12/2014) (mro)
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| Filing 30 AMENDED THIRD PARTY COMPLAINT amending #1 Complaint, against Jomax International Corp., JSR and Associates, LLC.Document filed by Doris Arash-Eben, Active Beauty, Inc.. Related document: #1 Complaint, filed by Bumble and Bumble, LLC.(Mack, Sean) |
| Filing 29 ANSWER to Complaint., CROSSCLAIM against Active Beauty, Inc., Doris Arash-Eben. Document filed by Active Beauty, Inc., Doris Arash-Eben.(Mack, Sean) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Answer to Complaint, Third Party Complaint, Crossclaim,,,. E&M ESR INC served on 11/29/2014, answer due 12/22/2014. Service was accepted by Magdalena Paluchiewicz/ President. Document filed by Pro's Choice Beauty Care, Inc.. (Cizmarik, Andre) |
| Filing 27 LETTER MOTION for Extension of Time to File Answer re: #18 Answer to Complaint, Third Party Complaint, Crossclaim,,, Of Defendant Pro's Choice Beauty Care, Inc. by E&M ESR Inc. addressed to Judge Valerie E. Caproni from Martin I. Saperstein. Document filed by E&M ESR INC.(Saperstein, Martin) |
| Filing 26 NOTICE OF APPEARANCE by Martin Ira Saperstein on behalf of E&M ESR INC. (Saperstein, Martin) |
| Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Serve Defendants Visible Beauty Corp., Salon Visible Corp. and Arturo Vela. . Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 24 DECLARATION of Benjamin R. Joelson in Support re: #23 MOTION to Serve Defendants Visible Beauty Corp., Salon Visible Corp. and Arturo Vela.. Document filed by Bumble and Bumble, 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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Joelson, Benjamin) |
| Filing 23 MOTION to Serve Defendants Visible Beauty Corp., Salon Visible Corp. and Arturo Vela. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to E&M ESR INC. (mqu) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to PRIMARY ONE LLC. (mqu) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to E&M ESR INC., re: #18 Answer to Complaint, Third Party Complaint, Crossclaim,,,. Document filed by Pro's Choice Beauty Care, Inc.. (Cizmarik, Andre) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to PRIMARY ONE LLC, re: #18 Answer to Complaint, Third Party Complaint, Crossclaim,,,. Document filed by Pro's Choice Beauty Care, Inc.. (Cizmarik, Andre) |
| Filing 18 ANSWER to #1 Complaint,., THIRD PARTY COMPLAINT against E&M ESR INC, PRIMARY ONE LLC., CROSSCLAIM against Active Beauty, Inc., Doris Arash-Eben, Salon Visible Corp., Arturo Vela, Visible Beauty Corp.. Document filed by Pro's Choice Beauty Care, Inc..(Cizmarik, Andre) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro's Choice Beauty Care, Inc..(Cizmarik, Andre) |
| Filing 16 ANSWER to #1 Complaint,. Document filed by CVS Pharmacy, Inc..(Cizmarik, Andre) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. Document filed by CVS Pharmacy, Inc..(Cizmarik, Andre) |
| Filing 14 ANSWER to #1 Complaint,., THIRD PARTY COMPLAINT against Active Beauty, Inc., Doris Arash-Eben. Document filed by Active Beauty, Inc., Doris Arash-Eben. (Attachments: #1 Rule 7.1 Corporate Disclosure Statement)(Mack, Sean) |
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Filing 13
ORDER: granting #12 Letter Motion to Adjourn Conference. The initial pretrial conference previously scheduled for October 24, 2014 is adjourned to January 16, 2015 at 10:00 a.m. No further adjournments will be granted. (Initial Conference set for 1/16/2015 at 10:00 AM before Judge Valerie E. Caproni). (Signed by Judge Valerie E. Caproni on 10/2/2014) (djc) Modified on 10/3/2014 (djc). (Main Document 13 replaced on 10/3/2014) (djc).
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| Filing 12 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Benjamin Joelson, Esq. dated October 1, 2014. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 11 STIPULATION EXTENDING TIME DEFENDANTS PRO'S CHOICE BEAUTY CARE, INC. AND CVS PHARMACY, INC. TO RESPOND TO PLAINTIFF BUMBLE AND BUMBLE, LLC'S COMPLAINT: It is hereby stipulated by and between Plaintiff Bumble & Bumble, LLC ("Bumble") and Defendants Pro's Choice Beauty Care, Inc. and CVS Pharmacy, Inc. ("Defendants") that the time within which Defendants must answer or otherwise respond to Bumble's complaint is extended from October 6, 2014 to November 14, 2014. CVS Pharmacy, Inc. answer due 11/14/2014; Pro's Choice Beauty Care, Inc. answer due 11/14/2014. (Signed by Judge Valerie E. Caproni on 9/30/2014) (mro) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE. CVS Pharmacy, Inc. served on 9/15/2014, answer due 10/6/2014; Pro's Choice Beauty Care, Inc. served on 9/15/2014, answer due 10/6/2014. Service was accepted by Andre K. Cizmarik, Esq.. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
| Filing 9 NOTICE OF APPEARANCE by Sean Mack on behalf of Active Beauty, Inc., Doris Arash-Eben. (Mack, Sean) |
| Filing 8 STIPULATION EXTENDING TIME FOR DEFENDANTS ACTIVE BEAUTY, INC. AND DORIS ARASH-EBEN TO RESPOND TO PLAINTIFF BUMBLE AND BUMBLE, LLC'S COMPLAINT: It is hereby stipulated by and between Plaintiff Bumble & bumble, LLC ("Bumble") and Defendants Active Beauty, Inc. and Doris Arash-Eben ("Defendants") that the time within which Defendants must answer or otherwise respond to Bumble's complaint is extended from October 13, 2014 to November 21, 2014. Active Beauty, Inc. answer due 11/21/2014; Doris Arash-Eben answer due 11/21/2014. (Signed by Judge Valerie E. Caproni on 9/24/2014) (mro) |
| Filing 7 ACKNOWLEDGMENT OF SERVICE. Active Beauty, Inc. served on 9/22/2014, answer due 10/14/2014; Doris Arash-Eben served on 9/22/2014, answer due 10/14/2014. Service was accepted by Sean Mack, Esq.. Document filed by Bumble and Bumble, LLC. (Joelson, Benjamin) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, on October 24, 2014, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. And as set forth herein. SO ORDERED. Initial Conference set for 10/24/2014 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/28/2014) (ama)
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| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Estee Lauder Companies Inc. for Bumble and Bumble, LLC. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) |
| Filing 4 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Bumble and Bumble, LLC.(Joelson, Benjamin) Modified on 8/27/2014 (lb). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Benjamin Reid Joelson to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) |
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Filing 3
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) (tk)
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| Filing 2 CIVIL COVER SHEET filed. (tk) |
| Filing 1 COMPLAINT against Active Beauty, Inc., Doris Arash-Eben, CVS Pharmacy, Inc., Jane Does, Various John Does, Pro's Choice Beauty Care, Inc., Salon Visible Corp., Arturo Vela, Visible Beauty Corp.. (Filing Fee $ 350.00, Receipt Number 01103204)Document filed by Bumble and Bumble, LLC.(tk) |
| SUMMONS ISSUED as to Active Beauty, Inc., Doris Arash-Eben, CVS Pharmacy, Inc., Jane Does, Various John Does, Pro's Choice Beauty Care, Inc., Salon Visible Corp., Arturo Vela, Visible Beauty Corp.. (tk) |
| Case Designated ECF. (tk) |
| Magistrate Judge James L. Cott is so designated. (tk) |
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