Fabric Selection, Inc. v. Ms. Bubbles, Inc. et al
| Fabric Selection, Inc. |
| Ms. Bubbles, Inc, Ms. Bubbles, Inc., Ross Stores, Inc., Bealls Inc, Burlington Stores, Inc., DOES 1 through 10, inclusive, Styles for Less, Inc. and Bealls Outlet Stores, Inc. |
| Paul D Supnik |
| 2:2017cv02622 |
| April 5, 2017 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Suzanne H Segal |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2018. A more recent docket listing may be available from PACER.
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| Filing 70 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing). (Attachments: #1 Order Re Stipulation for Dismissal) (jp) |
Filing 69
ORDER Re Stipulation for Dismissal Pursuant to FRCP 41(A) #68 by Judge Michael W. Fitzgerald that: The Complaint in the above captioned action shall be dismissed in its entirety with prejudice; and The parties hereto shall bear their own costs and attorneys fees. (Made JS-6. Case Terminated.) (jp)
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| Filing 68 STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. RULE 41(a) filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Proposed Order)(Knox, Stacey) |
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Filing 67
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: In light of the Notice of Settlement #66 filed 1/11/2018, the Court sets a hearing on Order To Show Cause Re Dismissal for 2/12/2018 at 11:30 AM. If a stipulated dismissal is filed prior to this date, the matter will be taken off calendar and no appearance is needed. All other dates are hereby vacated. (jp)
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| Filing 66 NOTICE of Settlement (Conditional) filed by Plaintiff Fabric Selection, Inc.. (Knox, Stacey) |
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Filing 65
MINUTES (In Chambers): ORDER GRANTING Plaintiff Application for Leave to File Under Seal Exhibits "I" and "N" to the Declaration of Stacey N Knox in support of Motion for Partial Summary Judgment; and Reuest to Withdraw the same from the Public Docket #62 by Judge Michael W. Fitzgerald: Plaintiff Application is GRANTED. Plaintiff may file Exhibits I and N to Stacey Knox declaration under seal. Additionally, the Clerk is instructed to withdraw Exhibits I and N (Docket Nos. 54-9 and 54-14) from the public docket. (jp)
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| Filing 64 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document for Leave to File Exhibits I and N to the Declaration of Stacey N. Knox in Support of Motion for Partial Summary Judgment; and Request to Withdraw the Same from the Public Record under seal #62 filed by Defendants Ms. Bubbles, Inc., Ross Stores, Inc..(Brooks, Samuel) |
| Filing 63 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document for Leave to File Exhibits I and N to the Declaration of Stacey N. Knox in Support of Motion for Partial Summary Judgment; and Request to Withdraw the Same from the Public Record under seal #62 filed by Defendants Ms. Bubbles, Inc., Ross Stores, Inc..(Brooks, Samuel) |
| Filing 62 APPLICATION to file document for Leave to File Exhibits I and N to the Declaration of Stacey N. Knox in Support of Motion for Partial Summary Judgment; and Request to Withdraw the Same from the Public Record under seal filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Declaration of Andrew V. Jablon, #2 Proposed Order)(Jablon, Andrew) |
| Filing 61 NOTICE of Manual Filing filed by Plaintiff Fabric Selection, Inc. of examples of infringing garments, as referenced in Plaintiff's Motion for Partial Summary Judgment (Doc. No. 52, p. 17, line 12). (Knox, Stacey) |
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Filing 60
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Ex Parte Application #56 is GRANTED in part, DENIED in part; and the Motion to Defer #58 is DENIED as moot. The hearing on Plaintiff's Motion for Summary Judgment and Defendants' Motion for Summary Judgment is continued to 2/12/18 at 10:00 a.m. SO ORDERED. (cw)
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| Filing 59 OPPOSITION to EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Summary Judgment from January 22, 2018 to February 12, 2018 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 EX PARTE APPLICATION to Shorten Time for Hearing on to February 12, 2018 #56 filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 58 NOTICE OF MOTION AND MOTION to Continue Hearing from January 22, 2018 to a Date Following Completion of Discovery Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 filed by Defendants Bealls Inc, Bealls Outlet Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc.. Motion set for hearing on 1/8/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Brooks, Samuel) |
| Filing 57 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Summary Judgment from January 22, 2018 to February 12, 2018 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 EX PARTE APPLICATION to Shorten Time for Hearing on to February 12, 2018 #56 filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 56 EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Summary Judgment from January 22, 2018 to February 12, 2018 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 , EX PARTE APPLICATION to Shorten Time for Hearing on to February 12, 2018 filed by Defendants Bealls Inc, Bealls Outlet Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order) (Brooks, Samuel) |
| Filing 55 STATEMENT of of Uncontroverted Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 filed by Plaintiff Fabric Selection, Inc.. (Knox, Stacey) |
| Filing 54 DECLARATION of Stacey N. Knox in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Knox, Stacey) (Attachment 9 replaced on 1/11/2018) (jp). (Attachment 14 replaced on 1/11/2018) (jp). |
| Filing 53 DECLARATION of Sean Javaheri in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #52 filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Knox, Stacey) |
| Filing 52 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff Fabric Selection, Inc.. Motion set for hearing on 1/22/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Knox, Stacey) |
| Filing 51 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Regarding Statutory Damages #50 (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Order, #3 Proposed Judgment)(Brooks, Samuel) |
| Filing 50 NOTICE OF MOTION AND MOTION for Summary Judgment as to Regarding Statutory Damages filed by Defendants Bealls Inc, Bealls Outlet Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc., Styles for Less, Inc.. Motion set for hearing on 1/22/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit) (Brooks, Samuel) |
| Filing 49 MEDIATION REPORT Filed by Mediator (ADR Panel) Paul D Supnik: Mediation held on 12/19/2017. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Supnik, Paul) |
| Filing 48 MEDIATION REPORT Filed by Mediator (ADR Panel) Paul D Supnik: Mediation held on 12/19/2017. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Supnik, Paul) |
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Filing 47
ORDER by Judge Michael W. Fitzgerald: The Stipulation for Order Modifying Schedule #46 is APPROVED and SO ORDERED. (Discovery cut-off reset to 1/19/2018; expert disclosure deadlines continued.) (cw)
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| Filing 46 STIPULATION to Continue Trial Schedule Re: Order,,, Set/Reset Deadlines/Hearings,, #28 filed by Defendants Bealls Inc, Bealls Outlet Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc., Styles for Less, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Brooks, Samuel) |
| Filing 45 NOTICE OF FILING BANKRUPTCY filed by Defendant Styles for Less, Inc.. as to Styles for Less, Inc., Bankruptcy Court case number 8:17-bk-14396-MW. (Brooks, Samuel) |
| Filing 44 ANSWER to Amended Complaint/Petition,, #35 with JURY DEMAND filed by Defendant Bealls Inc.(Brooks, Samuel) |
| Filing 43 ANSWER to Amended Complaint/Petition,, #35 with JURY DEMAND filed by Defendant Styles for Less, Inc..(Attorney Samuel G Brooks added to party Styles for Less, Inc.(pty:dft))(Brooks, Samuel) |
| Filing 42 ANSWER to Amended Complaint/Petition,, #35 with JURY DEMAND filed by Defendant Ross Stores, Inc..(Brooks, Samuel) |
| Filing 41 ANSWER to Amended Complaint/Petition,, #35 with JURY DEMAND filed by Defendant Ms. Bubbles, Inc..(Brooks, Samuel) |
| Filing 40 ANSWER to Amended Complaint/Petition,, #35 with JURY DEMAND filed by Defendant Bealls Outlet Stores, Inc..(Attorney Samuel G Brooks added to party Bealls Outlet Stores, Inc.(pty:dft))(Brooks, Samuel) |
| Filing 39 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Fabric Selection, Inc., upon Defendant Bealls Outlet Stores, Inc. acknowledgment sent by Plaintiff on 8/22/2017, answer due 9/12/2017; Styles for Less, Inc. acknowledgment sent by Plaintiff on 8/22/2017, answer due 9/12/2017. Acknowledgment of Service signed by Samuel Brooks, Attorneys for Defendants. (Baum, Michael) |
| Filing 38 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Paul D Supnik has been assigned to serve as Panel Mediator. (mb) |
| Filing 37 21 DAY Summons Issued re First Amended Complaint #35 as to defendants Bealls Inc, Bealls Outlet Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc., Styles for Less, Inc. (jp) |
| Filing 36 Request for Clerk to Issue Summons on Amended Complaint/Petition,, #35 filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 35 First AMENDED COMPLAINT against Defendants Beall's, Inc., DOES, Ms. Bubbles, Inc., Ross Stores, Inc., Styles for Less, Inc., Beall's Outlet Stores, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Fabric Selection, Inc. (Attachments: #1 Exhibit 1 - Design A, #2 Exhibit 2 - Registration of Design A, #3 Exhibit 3 - Design B, #4 Exhibit 4 - Registration of Design B, #5 Exhibit 5 - Photographs of Garment - Design A, #6 Exhibit 6 - Photographs of Garments - Design B)(Baum, Michael) |
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Filing 34
ORDER Approving Stipulation re Filing First amended Complaint #32 by Judge Michael W. Fitzgerald that (1) Plaintiff Fabric Selection, Inc., shall file forthwith its [Proposed] First Amended Complaint, in accordance with Local Rule 15-1; (2) Defendants Ross, Beall's and Ms. Bubbles shall not be required to file answers to the First Amended Complaint, as their answers to the initial Complaint may be deemed their answers to the First Amended Complaint. (jp)
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Filing 33
PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal, re: Stipulation for Protective Order, #32 . (mz)
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| Filing 32 STIPULATION for Protective Order filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Proposed Stipulated Protective Order)(Knox, Stacey) |
| Filing 31 STIPULATION to Amend Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Exhibit A to Stipulation - Proposed FAC, #2 Exhibit 1 to Proposed FAC, #3 Exhibit 2 to Proposed FAC, #4 Exhibit 3 to Proposed FAC, #5 Exhibit 4 to Proposed FAC, #6 Exhibit 5 to Proposed FAC, #7 Exhibit 6 to Proposed FAC, #8 Proposed Order)(Knox, Stacey) |
| Filing 30 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: In accordance with this Court's Order #28 the Scheduling Conference set for 7/3/2017 is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
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Filing 29
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 2/5/2018. (jp)
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Filing 28
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald: Last Day to Add Parties/Amend Pleadings due by 8/28/2017. Non-expert Discovery cut-off 12/15/2017. Last Day to Conduct ADR Proceeding is 2/5/2018. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine by 3/12/2018. Proposed Pretrial Order due by 3/19/2018., Final Pretrial Conference and Hearing on Motions in Limine set for 4/2/2018 at 11:00 AM. Trial Date (Est. 3-5 Days) set for 4/24/2018 at 8:30 AM. (SEE THE SECOND PAGE OF THIS ORDER FOR FURTHER THE SPECIFIED DATES). (jp)
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| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiff Fabric Selection, Inc... (Baum, Michael) |
| Filing 26 STIPULATION to Dismiss Defendant Burlington Stores, Inc. filed by Defendant Burlington Stores, Inc..(Brooks, Samuel) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Ms. Bubbles, Inc., (Brooks, Samuel) |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Ms. Bubbles, Inc..(Attorney Samuel G Brooks added to party Ms. Bubbles, Inc.(pty:dft))(Brooks, Samuel) |
| Filing 23 NOTICE of Interested Parties filed by Defendant Ross Stores, Inc., (Brooks, Samuel) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Ross Stores, Inc..(Attorney Samuel G Brooks added to party Ross Stores, Inc.(pty:dft))(Brooks, Samuel) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald: A Scheduling Conference is set for 7/3/2017 at 11:00 AM before Judge Michael W. Fitzgerald. The Joint Rule 26(f) Meeting Report is due 6/19/2017. IT IS SO ORDERED. (cw)
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| Filing 20 NOTICE of Interested Parties filed by Defendant Burlington Stores, Inc., identifying Burlington Stores, Inc., Defendant and Parent of Real Party in Interest Burlington Coat Factory of Texas, Inc.. (Brooks, Samuel) |
| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Burlington Stores, Inc..(Attorney Samuel G Brooks added to party Burlington Stores, Inc.(pty:dft))(Brooks, Samuel) |
| Filing 18 NOTICE of Interested Parties filed by Defendant Beall's, Inc., identifying Beall's, Inc., Defendant and Parent of Beall's Outlet Stores, Inc.. (Brooks, Samuel) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Beall's, Inc..(Attorney Samuel G Brooks added to party Beall's, Inc.(pty:dft))(Brooks, Samuel) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Fabric Selection, Inc., upon Defendant Ms. Bubbles, Inc. served on 4/26/2017, answer due 5/17/2017. Service of the Summons and Complaint were executed upon Alma Rosa, receptionist in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Baum, Michael) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Fabric Selection, Inc., upon Defendant Ross Stores, Inc. served on 4/17/2017, answer due 5/8/2017. Service of the Summons and Complaint were executed upon CT Corp., registered agent by leaving with Gabriela Sanchez, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Baum, Michael) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Fabric Selection, Inc., upon Plaintiff Burlington Stores, Inc. served on 4/14/2017, answer due 5/5/2017. Service of the Summons and Complaint were executed upon Corporation Service Company, Agent for Service of Process, By Serving Lyanne Gares, Service Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Baum, Michael) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Fabric Selection, Inc., upon Defendant Beall's, Inc. served on 4/14/2017, answer due 5/5/2017. Service of the Summons and Complaint were executed upon Corporation Service Company, Agent for Service of Process, By Serving Kara Stover, Service Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Baum, Michael) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Beall's, Inc., Burlington Stores, Inc., Ms. Bubbles, Inc., Ross Stores, Inc. (jp) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Errata #10 filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 10 NOTICE OF ERRATA filed by Plaintiff Fabric Selection, Inc.. correcting Complaint (Attorney Civil Case Opening), #1 (Baum, Michael) |
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 16-05 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Michael W. Fitzgerald for all further proceedings. Case number now reads as 2:17-cv-02622 MWF (SSx). (esa)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Beall's, Inc., Burlington Stores, Inc., Ms. Bubbles, Inc., and Ross Stores, Inc. (jtil) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Suzanne H. Segal. (jtil) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Fabric Selection, Inc.. (Baum, Michael) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Fabric Selection, Inc., identifying Fabric Selection, Inc.; Ms. Bubbles, Inc.; Ross Stores, Inc.; Beall's, Inc.; Burlington Stores, Inc.. (Baum, Michael) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Fabric Selection, Inc.. (Baum, Michael) |
| Filing 1 COMPLAINT Receipt No: 0973-19639672 - Fee: $400, filed by Plaintiff Fabric Selection, Inc.. (Attachments: #1 Exhibit 1 - Design A, #2 Exhibit 2 - Certificate of Registration for Design A, #3 Exhibit 3 - Design B, #4 Exhibit 4 - Certificate of Registration of Design B, #5 Exhibit 5 - Photographs of Garment - Design A, #6 Exhibit 6 - Photographs of Garment - Design B) (Attorney Michael Charles Baum added to party Fabric Selection, Inc.(pty:pla))(Baum, Michael) |
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