Design Collection, Inc. v. Nordstrom, Inc. et al
| Design Collection, Inc. |
| Does 1-10, The Impeccable Pig, Inc., Aerin & Cool, LLC, Dee Elle, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc., B.B. Dakota, Inc., Aerin and Cool, LLC and Nordstrom, Inc. a Washington corporation doing business as Nordstrom Rack doing business as HauteLook |
| Gail M. Title |
| 2:2019cv09817 |
| November 15, 2019 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Otis D Wright |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
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Filing 65
ORDER ON STIPULATION TO DISMISS #64 by Judge Otis D. Wright, II: The entire action and all claims asserted therein are DISMISSED WITH PREJUDICE. The parties will each bear their respective costs and attorneys fees. All dates and deadlines in this action are VACATED. (Made JS-6. Case Terminated.) (lc)
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| Filing 64 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii); With Prejudice filed by Plaintiff Design Collection, Inc.. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
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Filing 63
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court having read and consider the parties stipulation to continue the deadline for adding new parties #62 , and good cause appearing, IT IS ORDERED that the deadline to add new parties is continued from June 22, 2020 to July 27, 2020. (lc)
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| Filing 62 STIPULATION to Continue Deadline for Adding New Parties from 06/22/2020 to 07/27/2020 filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. (Attachments: #1 Proposed Order)(Brookey, Brian) |
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Filing 61
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk for Defendant Nordstrom, Inc. #56 by Judge Otis D. Wright, II (lc)
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Filing 60
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk for Defendant Cupcakes and Cashmere, LLC #55 by Judge Otis D. Wright, II (lc)
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Filing 59
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk for Defendant B.B. Dakota, Inc #54 by Judge Otis D. Wright, II (lc)
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Filing 58
PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order #57 . (see document for details) (hr)
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| Filing 57 STIPULATION for Protective Order filed by Plaintiff Design Collection, Inc..(Doniger, Stephen) |
| Filing 56 REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk filed by Defendant Nordstrom, Inc.. (Attachments: #1 Proposed Order) (Brookey, Brian) |
| Filing 55 REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk filed by Defendant Cupcakes and Cashmere, LLC. (Attachments: #1 Proposed Order) (Brookey, Brian) |
| Filing 54 REQUEST TO SUBSTITUTE ATTORNEY Brian K. Brookey in place of attorney Michael V. Mancini and John W. Shenk filed by Defendant B.B. Dakota, Inc.. (Attachments: #1 Proposed Order) (Brookey, Brian) |
| Filing 53 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M. Title has been assigned to serve as Panel Mediator. (mb) |
| Filing 52 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail M Title, Esq. may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 4/14/2021 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Design Collection, Inc.(Doniger, Stephen) |
| Filing 51 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Aerin and Cool, LLC (lc) |
| Filing 50 REQUEST for Clerk to Enter Default against Defendant Aerin and Cool, LLC filed by Plaintiff Design Collection, Inc.. (Doniger, Stephen) |
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Filing 49
ORDER/REFERRAL to ADR Procedure No 2 by Judge Otis D. Wright, II. Case ordered to Court Mediation Panel for mediation. (lc)
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Filing 48
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Schedule of Trial and Pretrial Dates: Jury Trial : 7/6/21 9:00 AM; Hearing on Motions in Limine 6/28/21 1:30 PM; Final Pretrial Conference 6/7/21 1:30 PM. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (lc)
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| Filing 47 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Design Collection, Inc... (Doniger, Stephen) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Brian K Brookey counsel for Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. Filed by Defendants Nordstrom, Inc., Cupcakes & Cashmere, LLC and B & B Dakota, Inc.. (Attorney Brian K Brookey added to party B.B. Dakota, Inc.(pty:dft), Attorney Brian K Brookey added to party Cupcakes and Cashmere, LLC(pty:dft), Attorney Brian K Brookey added to party Nordstrom, Inc.(pty:dft))(Brookey, Brian) |
| Filing 45 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing)Mailed closing report to Copyright Office (Attachments: #1 minutes) (lc) |
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to Cross Claimant Dee Elle, Inc. Notice of Voluntary Dismissal #43 and Federal Rule of Civil Procedure 41(a) or (c):IT IS HEREBY ORDERED that: All claims, causes of actions, and parties asserted therein are hereby DISMISSED WITH PREJUDICE. 2. Dell Elle Inc. is terminated as a cross claimant and Aerin and Cool, LLC is terminated as a cross defendant. (Made JS-6. Case Terminated.) (lc) Modified on 3/13/2020 (lc).
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| Filing 43 NOTICE of Voluntary Dismissal filed by Cross-Claimant Dee Elle, Inc.. Dismissal is without prejudice. (Myung, S.) |
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Filing 42
ORDER ON STIPULATION TO DISMISS DEE ELLE, INC. FROM THE ACTION WITH PREJUDICE #41 by Judge Otis D. Wright, II (lc)
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| Filing 41 STIPULATION to Dismiss Defendant Dee Elle, Inc. filed by Plaintiff Design Collection, Inc.. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
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Filing 40
ORDER by Judge Otis D. Wright, II: granting #34 #37 Non-Resident Attorney Douglas A. Miro APPLICATION to Appear Pro Hac Vice on behalf of B.B. Dakota, Inc., Cupcakes and Cashmere, LLC and for Nordstrom, Inc., designating Michael V Mancini as local counsel. (lom)
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Filing 39
ORDER by Judge Otis D. Wright, II: granting #35 #38 Non-Resident Attorney Benjamin Charkow APPLICATION to Appear Pro Hac Vice on behalf of B.B. Dakota, Inc., Cupcakes and Cashmere, LLC and for Nordstrom, Inc., designating Michael V Mancini as local counsel. (lom) Modified on 2/5/2020 (lom).
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| Filing 38 APPLICATION of Non-Resident Attorney Benjamin Charkow to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 1/30/2020, Receipt No. 0973-25225453) filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. (Attachments: #1 Proposed Order) (Mancini, Michael) |
| Filing 37 APPLICATION of Non-Resident Attorney Douglas A. Miro to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 1/30/2020, Receipt No. 0973-25225398) filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. (Attachments: #1 Proposed Order) (Mancini, Michael) |
| Filing 36 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Douglas A. Miro to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25225398) #34 , APPLICATION of Non-Resident Attorney Benjamin Charkow to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25225453) #35 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 35 APPLICATION of Non-Resident Attorney Benjamin Charkow to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25225453) filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. (Mancini, Michael) |
| Filing 34 APPLICATION of Non-Resident Attorney Douglas A. Miro to Appear Pro Hac Vice on behalf of Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25225398) filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc.. (Mancini, Michael) |
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Filing 33
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Pursuant to Plaintiffs Notice of Dismissal of Defendant The Impeccable Pig, Inc. #32 and Federal Rule of Civil Procedure 41: IT IS HEREBY ORDERED that: 1. All claims asserted against Defendant The Impeccable Pig, Inc. are hereby DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i); and 2. The Court hereby VACATES all claims, dates, deadlines, and hearings as to Defendant The Impeccable Pig, Inc.; and 3. All other Defendants remain a party to this litigation. (lc)
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| Filing 32 NOTICE OF DISMISSAL filed by Plaintiff Design Collection, Inc. pursuant to FRCP 41a(1) (A)(i); Without Prejudice as to The Impeccable Pig, Inc.. (Doniger, Stephen) |
| Filing 31 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Nordstrom, Inc..(Attorney Michael V Mancini added to party Cupcakes and Cashmere, LLC(pty:dft))(Mancini, Michael) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT filed by Defendant Cupcakes and Cashmere, LLC (Mancini, Michael) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendant B.B. Dakota, Inc. identifying Steven Madden, Ltd. as Corporate Parent. (Mancini, Michael) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nordstrom, Inc. (Mancini, Michael) |
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Filing 27
ORDER RE SECOND STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #26 by Judge Otis D. Wright, II: Defendants Nordstrom, Inc. d/b/a Nordstrom Rack d/b/a HauteLook, B. B. Dakota, and Cupcakes and Cashmere, LLC may have up to and including January 27, 2020, to file an answer or otherwise respond to Plaintiffs Complaint in the above-captioned action. (lc)
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| Filing 26 Second STIPULATION for Extension of Time to File Answer to January 27, 2020 re Complaint (Attorney Civil Case Opening) #1 filed by defendants B.B. Dakota, Inc., Nordstrom, Inc.. (Attachments: #1 Proposed Order)(Mancini, Michael) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Design Collection, Inc., upon Defendant Aerin and Cool, LLC served on 1/7/2020, answer due 1/28/2020. Service of the Summons and Complaint were executed upon Evelyn Kim\Authorized Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 24 21 DAY Summons Issued re Crossclaim #16 as to cross defendant Aerin and Cool, LLC. (lc) |
| Filing 23 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Crossclaim #16 filed by Defendant/Cross-Claimant Dee Elle, Inc.. (Myung, S.) |
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Filing 22
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff Design Collection, Inc. and Defendants Nordstrom, Inc. d/b/a Nordstrom Rack d/b/a HauteLook and B. B. Dakota, and Cupcakes and Cashmere, LLC, by and through their respective counsel of record, having stipulated that Defendants shall have an additional thirty days to respond to the initial Complaint #19 , for good cause shown, IT IS HEREBY ORDERED that Defendants responsive pleading shall be due on or before January 11, 2020. (lc)
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Filing 21
ORDER that the Scheduling Conference is set for 3/30/20 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 20 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request on Cross Claim by Dee Elle, Inc. #18 . The following error(s) was found: Summons is not directed to the cross defendant(s). The Cross defendants name must appear in the To:section of the summons. Cross Claimant Dee Elle, Inc. has erroneously directed its Cross Claim to itself at the "TO:" area, instead of it's named cross defendant, "AERIN & COOL,LLC".. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to B.B. Dakota, Inc. answer now due 1/11/2020; Nordstrom, Inc. answer now due 1/11/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants B.B. Dakota, Inc.; Nordstrom, Inc..(Attorney Michael V Mancini added to party B.B. Dakota, Inc.(pty:dft), Attorney Michael V Mancini added to party Nordstrom, Inc.(pty:dft))(Mancini, Michael) |
| Filing 18 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Crossclaim #16 filed by Defendant/Cross-Claimant Dee Elle, Inc.. (Myung, S.) |
| Filing 17 NOTICE of Interested Parties filed by Defendant/Cross-Claimant Dee Elle, Inc., identifying Dee Elle, Inc., Design Collection,Inc. and Aerin & Cool, LLC. (Myung, S.) |
| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 , CROSSCLAIM against Aerin and Cool, LLC filed by Defendant Dee Elle, Inc..(Attorney S. Calvin Myung added to party Dee Elle, Inc.(pty:dft))(Myung, S.) |
| Filing 15 First STIPULATION Extending Time to Answer the complaint as to Cupcakes and Cashmere, LLC answer now due 12/30/2019, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Cupcakes and Cashmere, LLC.(Attorney Sacha V Emanuel added to party Cupcakes and Cashmere, LLC(pty:dft))(Emanuel, Sacha) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Design Collection, Inc., upon Defendant The Impeccable Pig, Inc. served on 11/27/2019, answer due 12/18/2019. Service of the Summons and Complaint were executed upon Jennifer Robbins Correa, Registered Agent in compliance with Federal Rules 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 B.B. Dakota, Inc. served on 11/21/2019, answer due 12/12/2019. Service of the Summons and Complaint were executed upon Gloria Brandes, Authorized Agent for Service of Process c/o Scarlett Aston, Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Design Collection, Inc., upon Defendant Cupcakes and Cashmere, LLC served on 11/22/2019, answer due 12/13/2019. Service of the Summons and Complaint were executed upon Geoffrey Fuller, Authorized Agent for Service of Process c/o Jessica Doe, Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Design Collection, Inc., upon Defendant Dee Elle, Inc. served on 11/21/2019, answer due 12/12/2019. Service of the Summons and Complaint were executed upon German Kang, Authozied Agent for Service of Process c/o Marvin Choe, Manager Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Design Collection, Inc., upon Defendant Nordstrom, Inc. served on 11/21/2019, answer due 12/12/2019. Service of the Summons and Complaint were executed upon Corporate Creations Network, Inc. c/o Tiffany Phillips, Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.The parties may consent to proceed before a Magistrate Judge appearing onthe voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Aerin and Cool, LLC, B.B. Dakota, Inc., Cupcakes and Cashmere, LLC, Dee Elle, Inc., Nordstrom, Inc., The Impeccable Pig, Inc. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (esa) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Design Collection, Inc.. (Burroughs, Scott) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Design Collection, Inc.. (Burroughs, Scott) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Design Collection, Inc.. (Burroughs, Scott) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Design Collection, Inc., (Burroughs, Scott) |
| Filing 1 COMPLAINT Receipt No: 0973-24791081 - Fee: $400, filed by Plaintiff Design Collection, Inc.. (Attorney Scott A Burroughs added to party Design Collection, Inc.(pty:pla))(Burroughs, Scott) |
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