Infinity Headwear & Apparel v. Jay Franco & Sons et al
| Infinity Headwear & Apparel |
| Jay Franco & Sons and Jay At Play |
| Jay At Play and Jay Franco & Sons |
| Infinity Headwear & Apparel |
| 1:2015cv01259 |
| February 20, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronald L. Ellis |
| J. Paul Oetken |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
309
OPINION AND ORDER: re: 239 MOTION for Sanctions Against Defendants and Their Counsel. filed by Infinity Headwear & Apparel, 209 LETTER MOTION for Discovery Sanctions addressed to Magistrate Judge Ronald L. Ellis from Ja mes T. Burton dated November 17, 2016. filed by Infinity Headwear & Apparel. For the foregoing reasons, Infinity's motion for sanctions is GRANTED in part and DENIED in part. Based on the records submitted to the Court, Infinity is entitled to $26,500 in attorneys' fees and $2,746.77 in costs. Jay Franco shall make payment and respond to Infinity's October discovery requests on or before October 13, 2017. The Clerk of the Court is instructed to terminate docket entries 209 and 239 (Signed by Magistrate Judge Ronald L. Ellis on 9/29/2017) (js)
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Filing
303
OPINION AND ORDER: re: 276 MOTION to Alter Judgment re: 260 Memorandum & Opinion, Notice of Motion filed by Jay Franco & Sons, Jay At Play, 216 MOTION for Partial Summary Judgment Solely as to Liability for False Patent Marketing and Fal se Advertising filed by Infinity Headwear & Apparel, 301 LETTER MOTION to Stay addressed to Judge J. Paul Oetken from John F. Ward dated July 3, 2017 filed by Jay Franco & Sons, Jay At Play, 190 MOTION for Partial Summary Judgment filed by Infinity Headwear & Apparel. For the foregoing reasons, Infinity's motion for summary judgment as to patent infringement is DENIED. Infinity's motion for summary judgment as to false patent marking and false advertising is DENIED. And Fran co's motion objecting to Magistrate Judge Ellis's Order is DENIED. The referral to Magistrate Judge Ellis is withdrawn except as necessary to resolve the outstanding motions for sanctions at Docket Number 209 and Docket Number 239. The Court hereby sua sponte stays litigation as to the patent infringement claim. The Clerk of Court is directed to close the motions at Docket Numbers 190, 216, 276, and 301. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/02/2017) (ama)
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Filing
300
OPINION AND ORDER: The Court has made clear that the PTAB reexamination has no consequence on this case until after a reexamination certificate is issued and published. (Doc. Nos. 187 at 6, 260 at 2.) Infinity's motions for summary judgment are fully briefed and discovery is now closed. (See Doc. 190-92, 194, 199, 216-18, 233, 257-59,266-67, 292-93, 296) At this point in the litigation, a stay is unwarranted. After the resolution of the pending motions, the Honorable J. Paul Oetken will determine if the case is ready to proceed to trial. It is hereby ordered that Jay Franco's request to stay the patent infringement cause of action is DENIED. So Ordered. (Signed by Magistrate Judge Ronald L. Ellis on 6/9/2017) (js)
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Filing
260
OPINION AND ORDER. IT IS HEREBY ORDERED THAT Jay Franco's request for an extension of the expert disclosures deadline, and its request to stay the patent infringement cause of action are DENIED. re: 247 LETTER MOTION for Extension of Time addr essed to Magistrate Judge Ronald L. Ellis from John F. Ward dated January 26, 2017. Document filed by Jay At Play, Jay At Play (a Hong Kong limited company), Jay Franco & Sons (a New York corporation). (Signed by Magistrate Judge Ronald L. Ellis on 2/6/2017) (rjm)
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Filing
246
OPINION AND ORDER re: 230 MOTION to Substitute Attorney. Old Attorney: Erza Sutton, New Attorney: John F. Ward, Jonathan Cooperman and David G. Lindenbaum ; MOTION to Stay of Proceedings filed by Jay Franco & Sons, Jay At Play. For the foregoing reasons, IT IS HEREBY ORDERED THAT Jay Franco's motion to substitute counsel is GRANTED, and its motion to stay the proceedings for sixty days is DENIED. The Clerk of the Court is instructed to terminate Sutton as Jay Franco's counsel. The deadline for expert disclosures will remain January 30, 2017. Jay Franco is ordered to file its opposition to Infinity's False Marking MPSJ by February 3, 2017. Infinity's reply will be due on or before February 1 0, 2017. Sutton is instructed to file his motion for writ of a retaining or charging lien by February 3, 2017. The Parties are ordered to file a joint status letter on or before February 17, 2017. (Motions due by 2/3/2017., Responses due by 2/3/2017, Replies due by 2/10/2017.) Attorney Ezra Sutton terminated. (Signed by Magistrate Judge Ronald L. Ellis on 1/24/2017) (cla)
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Filing
213
ORDER AND OPINION re: 172 LETTER MOTION for Discovery Evidence of Reasonable Expenses Pursuant to Dkt. No. 167 addressed to Magistrate Judge Ronald L. Ellis from James T. Burton dated May 28, 2016. filed by Infinity Headwear & Appare l. For the foregoing reasons, Infinity's motion for attorneys' fees is GRANTED in part and DENIED in part. Based on the records submitted to the Court, the Court finds that Infinity is entitled to an award of attorneys' fees in the amount of $13,989.95. This Order resolves the motion pending at docket entry 172. (Signed by Magistrate Judge Ronald L. Ellis on 11/28/2016) (cla)
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Filing
187
OPINION AND ORDER re: 118 MOTION to Amend/Correct the Scheduling Order and for Leave to Amend the Complaint filed by Infinity Headwear & Apparel, 96 MOTION Infinity's Opening Claim Construction Brief and Memorandum in S upport filed by Infinity Headwear & Apparel. For the foregoing reasons, Defendants motion to dismiss is DENIED; Plaintiffs motion for leave to amend is GRANTED; and the Court adopts the constructions set forth in this opinion for the dis puted terms of the 544 patent. The proposed amended complaint at Docket Number 119-2 is hereby deemed the operative complaint in this action. The Clerk of Court is directed to close the motions at Docket Numbers 96 and 118. (Signed by Judge J. Paul Oetken on 9/26/2016) (cla)
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Filing
167
OPINION AND ORDER re: 139 LETTER MOTION to Compel Jay Franco & Sons, et al. to to Comply with the Court's October 23rd Order addressed to Magistrate Judge Ronald L. Ellis from James T. Burton dated December 15, 2015. For the reasons that follow, Infinity's motion to compel production and its motion for sanctions against Defendants are GRANTED. IT IS HEREBY ORDERED THAT (1) Defendants are sanctioned for their noncompliance with the Court's October 23 Order; (2) Infinit y is awarded reasonable expenses, including attorneys' fees, associated with Defendants' noncompliance with the October 23 Order; (3) Infinity shall submit evidence of such reasonable expenses by May 30, 2016; (4) Defendants may file a resp onse to that submission by June 13, 2016; (5) Defendants are to fully comply with the terms of the October 23 Order by May 30, 2016. (As further set forth in this Order.) (Responses due by 6/13/2016) (Signed by Magistrate Judge Ronald L. Ellis on 5/9/2016) (kko)
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Filing
110
OPINION & ORDER: It is HEREBY ORDERED that (1) Defendants shall supplement their interrogatory and document request responses in the manner described above no later than November 6, 2015. (2) Infinity's request to compel production of Defenda nts' sales records prior to the October 21, 2014 issuance of its patent is DENIED. (3) Infinity's request for entry of the Federal Circuit's Model Order for E-Discovery is DENIED. (4) Infinity's motion for sanctions against Defendants and their counsel is DENIED. (As further set forth in this Order) (Signed by Magistrate Judge Ronald L. Ellis on 10/23/2015) (kl)
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