Design Collection Inc v. Zulily Inc et al
| Design Collection Inc |
| Zulily Inc, Does 2-10, inclusive, Rumor Boutique, Nico LA, Bonanza.Com Inc, Stein Mart Inc, Overstock.Com Inc., Wal-Mart Stores, Inc., Li Yuan Textile and Apparel Inc a New York Corporation, individually doing business as Reborn Collection, Sears Roebuck and Co., White Mark Universal Inc, The American Sarong Co., Zulily Inc a Washington Corporation, individually doing business as www.zulily.com and Palmers USA Inc |
| Harvey I. Saferstein |
| 2:2016cv09213 |
| December 13, 2016 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Andrew J Wistrich |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2017. A more recent docket listing may be available from PACER.
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| Filing 70 STIPULATION to Dismiss Defendants Overstock.Com Inc., White Mark Universal Inc, Wal-Mart Stores, Inc. filed by Defendants Overstock.Com Inc., White Mark Universal Inc, Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Brutzkus, Mark) |
| Filing 69 NOTICE OF DISMISSAL filed by Plaintiff Design Collection Inc pursuant to FRCP 41a(1) without prejudice as to Bonanza.Com Inc, Nico LA, Palmers USA Inc, Rumor Boutique, The American Sarong Co.. (Doniger, Stephen) |
| Filing 68 STIPULATION to Dismiss Defendant Zulily Inc filed by Plaintiff Design Collection Inc. (Attachments: #1 Proposed Order to Dismiss Zulily)(Doniger, Stephen) |
| Filing 67 NOTICE OF DISMISSAL filed by Plaintiff Design Collection Inc pursuant to FRCP 41a(1) Stephen Doniger as to Li Yuan Textile and Apparel Inc. (Doniger, Stephen) |
Filing 66
MINUTES (IN CHAMBERS) Order Conditionally Granting Motion to Withdraw as Counsel #63 by Judge Dale S. Fischer. (SEE MEMORANDUM FOR SPECIFICS) (bp)
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| Filing 65 STIPULATION to Dismiss Defendant Sears Roebuck and Co. filed by Plaintiff Design Collection Inc. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 64 NOTICE OF ERRATA filed by Defendants Overstock.Com Inc., Wal-Mart Stores, Inc., White Mark Universal Inc. correcting NOTICE OF MOTION AND MOTION of Mark Brutzkus to Withdraw as Attorney #63 CORRECTING HEARING DATE TO 10/23/17 (Brutzkus, Mark) |
| Filing 63 NOTICE OF MOTION AND MOTION of Mark Brutzkus to Withdraw as Attorney filed by Defendants Overstock.Com Inc., Wal-Mart Stores, Inc., White Mark Universal Inc. Motion set for hearing on 10/16/2017 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Mark Brutzkus) (Brutzkus, Mark) |
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Filing 62
MINUTE ORDER re Plaintiff's Motion to Compel Further Discovery Responses from Defendant White Mark Universal, Inc. by Magistrate Judge Andrew J. Wistrich: Granted in part and denied in part. (see document for further details) #60 (klg)
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| Filing 61 DECLARATION of Mark D. Brutzlus in Opposition MOTION to Compel Defendant White Mark Universal Inc.'s Discovery Responses / Joint Stipulation #60 filed by Plaintiff Design Collection Inc. (Doniger, Stephen) |
| Filing 60 NOTICE OF MOTION AND MOTION to Compel Defendant White Mark Universal Inc.'s Discovery Responses / Joint Stipulation filed by Plaintiff Design Collection Inc. Motion set for hearing on 9/11/2017 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Memorandum and Joint Stipulation, #2 Declaration of David Shein, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 9, #13 Exhibit 9, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Proposed Order)(Doniger, Stephen) |
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Filing 59
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #58 by Judge Dale S. Fischer: (SEE ORDER FOR SPECIFICS) (bp)
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| Filing 58 REQUEST TO SUBSTITUTE ATTORNEY Mark D. Brutzkus in place of attorney Deborah F. Sirias filed by Defendant Overstock.Com Inc.. (Attachments: #1 Proposed Order) (Attorney Mark D Brutzkus added to party Overstock.Com Inc.(pty:dft)) (Brutzkus, Mark) |
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Filing 57
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Dale S. Fischer: The Court hereby orders that the request of: White Mark Universal, Inc., Defendant to substitute Mark D. Brutzkus as attorney of record instead of Deborah F. Sirias,granting #56 Request to Substitute Attorney. Attorney Deborah F Sirias terminated (bp)
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| Filing 56 REQUEST TO SUBSTITUTE ATTORNEY Mark D. Brutzkus in place of attorney Deborah F. Sirias filed by Defendant White Mark Universal Inc. (Attachments: #1 Proposed Order) (Attorney Mark D Brutzkus added to party White Mark Universal Inc(pty:dft)) (Brutzkus, Mark) |
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Filing 55
ORDER by Judge Dale S. Fischer: Granting #53 Request to Substitute Attorney. (ah)
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Filing 54
ORDER ON JOINT STIPULATION TO CONTINUE DISCOVERY CUTOFF BY THIRTY DAYS #52 by Judge Dale S. Fischer: See Order for specifics. (ah)
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| Filing 53 REQUEST TO SUBSTITUTE ATTORNEY Mark D. Brutzkus in place of attorney Bijal V. Vakil filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order) (Attorney Mark D Brutzkus added to party Wal-Mart Stores, Inc.(pty:dft)) (Brutzkus, Mark) |
| Filing 52 Joint STIPULATION to Extend Discovery Cut-Off Date to 10/15/2017 filed by Plaintiff Design Collection Inc. (Attachments: #1 Declaration of David Shein, #2 Proposed Order)(Doniger, Stephen) |
| Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas P Burke, Jr counsel for Defendant Zulily Inc. Gerard Fox is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Zulily, Inc.. (Burke, Thomas) |
| Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas P Burke, Jr counsel for Defendant Zulily Inc. Adam Rosenbaum is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Zulily, Inc.. (Burke, Thomas) |
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Filing 51
PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order. (see document for further details) #48 (klg)
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| Filing 48 STIPULATION for Protective Order filed by Plaintiff Design Collection Inc. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 47 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Harvey I. Saferstein has been assigned to serve as Panel Mediator. (mb) |
| Filing 46 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant Nico LA served on 5/5/2017, answer due 5/26/2017. Service of the Summons and Complaint were executed upon Anette (Doe), Employee Authorized to Accept in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 45 NOTICE of Interested Parties filed by Defendants Overstock.Com Inc., White Mark Universal Inc, identifying White Mark Universal, Inc. and Overstock.Com, Inc.. (Attorney Deborah F Sirias added to party White Mark Universal Inc(pty:dft))(Sirias, Deborah) |
| Filing 44 ANSWER to Amended Complaint/Petition #20 White Mark Universal, Inc. and Overstock.Com, Inc. filed by Defendants Overstock.Com Inc..(Attorney Deborah F Sirias added to party Overstock.Com Inc.(pty:dft))(Sirias, Deborah) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant Palmers USA Inc served on 4/20/2017, answer due 5/11/2017. Service of the Summons and Complaint were executed upon Doron Hazut, Agent for Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 42 Corporate Disclosure and NOTICE of Interested Parties filed by Defendant Wal-Mart Stores, Inc., (Vakil, Bijal) |
| Filing 41 ANSWER to Amended Complaint/Petition #20 JURY DEMAND. And Affirmative Defenses filed by Defendant Wal-Mart Stores, Inc..(Vakil, Bijal) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant Overstock.Com Inc. served on 4/20/2017, answer due 5/11/2017. Service of the Summons and Complaint were executed upon Corporation Trust Company, Registered Agent c/o Amy McLaren, Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
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Filing 39
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #38 by Judge Dale S. Fischer: Defendant Wal-Mart Stores, Inc.'s time to answer or otherwise respond to Plaintiffs First Amended Complaint shall be set as April 26, 2017. (ah)
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| Filing 38 Corrected STIPULATION Extending Time to Answer the complaint as to re Amended Complaint/Petition #20 filed by defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order (with corrected title))(Vakil, Bijal) |
| Filing 37 STIPULATION Extending Time to Answer the complaint as to Wal-Mart Stores, Inc. answer now due 4/26/2017, re Amended Complaint/Petition #20 filed by defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Attorney Bijal V Vakil added to party Wal-Mart Stores, Inc.(pty:dft))(Vakil, Bijal) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Morgan E Pietz counsel for Defendant Zulily Inc. Adding Thomas P. Burke, Jr. as counsel of record for Defendant, Zulily, LLC for the reason indicated in the G-123 Notice. Filed by DEFENDANT ZULILY, LLC. (Pietz, Morgan) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Morgan E Pietz counsel for Defendant Zulily Inc. Adding Morgan E. Pietz as counsel of record for Defendant, Zulily, LLC for the reason indicated in the G-123 Notice. Filed by DEFENDANT ZULILY, LLC. (Attorney Morgan E Pietz added to party Zulily Inc(pty:dft))(Pietz, Morgan) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant Wal-Mart Stores, Inc. served on 3/21/2017, answer due 4/11/2017. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service c/o Gabriela Sanchez, Person Authorized to Receive in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
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Filing 33
ORDER RE JURY TRIAL E-FILING REQUIREMENTS DEADLINES by Judge Dale S. Fischer.(SEE ORDER FOR SPECIFICS).,, Set deadlines and hearings( Amended Pleadings due by 6/20/2017., Discovery cut-off 9/15/2017., Motions due by 11/27/2017., Final Pretrial Conference set for 2/5/2018 03:00 PM before Judge Dale S. Fischer., Jury Trial set for 3/13/2018 08:30 AM before Judge Dale S. Fischer.) (bp)
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Filing 32
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dale S. Fischer. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/11/2017. (ah)
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| Filing 31 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY |
| Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Design Collection Inc.. (Attachments: #1 Exhibit A)(Doniger, Stephen) |
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Filing 29
ORDER ON PLAINTIFF'S NOTICE OF DOE AMENDMENT NAMING WAL-MART STORES, INC. AS DOE 1 by Judge Dale S. Fischer, #28 . Refer to the Court's order for details. Wal-Mart Stores, Inc. added. (pso)
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| Filing 28 NOTICE OF DOE AMENDMENT NAMING WAL-MART STORES, INC. AS DOE 1 filed by Plaintiff Design Collection Inc. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 27 NOTICE OF DISMISSAL filed by Plaintiff Design Collection Inc pursuant to FRCP 41a(1) as to Stein Mart Inc. (Doniger, Stephen) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant White Mark Universal Inc served on 2/27/2017, answer due 3/20/2017. Service of the Summons and Complaint were executed upon Doron Hazut, Agent for Service c/o Maryann Pineda, Accountant, Person Authorized to Accept in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 25 ANSWER to Amended Complaint/Petition #20 with JURY DEMAND filed by Defendant Zulily Inc.(Rosenbaum, Adam) |
| Filing 24 ANSWER to Amended Complaint/Petition #20 filed by Defendant Sears Roebuck and Co..(Pearson, Matthew) |
| Filing 23 NOTICE of Settlement as to Defendant Stein Mart, Inc. filed by Plaintiff Design Collection Inc. (Doniger, Stephen) |
| Filing 22 21 DAY Summons Issued re Amended Complaint/Petition #20 as to Defendants Bonanza.Com Inc, Li Yuan Textile and Apparel Inc, Nico LA, Overstock.Com Inc., Palmers USA Inc, Rumor Boutique, Sears Roebuck and Co., Stein Mart Inc, The American Sarong Co., White Mark Universal Inc, Zulily Inc. (bp) |
| Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition #20 filed by Plaintiff Design Collection Inc. (Attachments: #1 Appendix Page 2 cont'd)(Doniger, Stephen) |
| Filing 20 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Design Collection Inc(Doniger, Stephen) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 3/27/2017 at 11:00 AM before Judge Dale S. Fischer. (dp)
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| Filing 18 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Sears Roebuck and Co., identifying Star Fabrics, Inc., Sears, Roebuck and Co.. (Pearson, Matthew) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Sears Roebuck and Co..(Attorney Matthew D Pearson added to party Sears Roebuck and Co.(pty:dft))(Pearson, Matthew) |
| Filing 16 NOTICE of Interested Parties filed by Defendant Zulily Inc, identifying Liberty Interactive Corporation (parent), Zulily, LLC. (Rosenbaum, Adam) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Zulily Inc.(Attorney Adam M Rosenbaum added to party Zulily Inc(pty:dft))(Rosenbaum, Adam) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant Sears Roebuck and Co. served on 12/21/2016, answer due 1/11/2017. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service c/o Gabriela Sanchez, Person Authorized to Receive in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Design Collection Inc, upon Defendant White Mark Universal Inc served on 1/3/2017, answer due 1/24/2017. Service of the Summons and Complaint were executed upon Doron Hazut, Agent for Service c/o Maryann Pineda, Accountant, Person Authorized to Accept in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 12 NOTICE of Appearance filed by attorney Victor De Gyarfas on behalf of Defendant Stein Mart Inc (De Gyarfas, Victor) |
| Filing 11 NOTICE of Appearance filed by attorney William J Robinson on behalf of Defendant Stein Mart Inc (Robinson, William) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Stein Mart Inc answer now due 2/10/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Stein Mart Inc.(Attorney William J Robinson added to party Stein Mart Inc(pty:dft))(Robinson, William) |
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Filing 9
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Bonanza.Com Inc, Li Yuan Textile and Apparel Inc, Overstock.Com Inc., Palmers USA Inc, Rumor Boutique, Sears Roebuck and Co., Stein Mart Inc, The American Sarong Co., White Mark Universal Inc, Zulily Inc. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Andrew J. Wistrich. (ghap) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff Design Collection Inc, (Doniger, Stephen) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Design Collection Inc. (Attachments: #1 Appendix page 2 cont'd)(Doniger, Stephen) |
| Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Design Collection Inc. (Doniger, Stephen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Design Collection Inc. (Doniger, Stephen) |
| Filing 1 COMPLAINT Receipt No: 0973-19049577 - Fee: $400, filed by Plaintiff Design Collection Inc. (Attorney Stephen M Doniger added to party Design Collection Inc(pty:pla))(Doniger, Stephen) |
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