Star Fabrics, Inc. v. KAS New York et al
| Star Fabrics, Inc. |
| Gilt Groupe, L.P., KAS New York, Ross Stores, Inc., Whispers Fashions NY, Inc., Bloomingdale's The Outlet Store, Dani II, Inc., RD and Koko, Inc., K.A.S. Designs, Does 1 through 10 and Bloomingdales The Outlet Store |
| 2:2021cv00383 |
| January 14, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Gail J Standish |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 60 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. Mailed closing report to the current address of the Copyright Office: U.S. Copyright Office 101 Independence Ave. S.E., Washington, D.C. 20559-6000. (Closing) (Attachments: #1 Judgment) (mrgo) |
| Filing 59 JUDGMENT by Judge Percy Anderson, Related to: Minutes of In Chambers Order/Directive - no proceeding held, Add and Terminate Parties, #58 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This action is dismissed without prejudice; and 2. The parties shall each bear their own costs and fees incurred in connection with this action. (MD JS-6, Case Terminated). (mrgo) |
Filing 58
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Stipulation to Dismiss Party #57 . The Stipulation states that "Plaintiff has agreed to dismiss its claims against GILT Groupe LP without prejudice" and Plaintiff "voluntarily dismisses without prejudice its claims against Defendant GILT GROUPE, LP pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)." (Id.) Accordingly, the Court orders that Defendant GILT Groupe, L.P. is hereby dismissed from this action without prejudice. Because GILT Groupe, L.P. was the only remaining defendant in this action, the Court hereby orders that this action be dismissed without prejudice. The Court will issue a separate Judgment consistent with this order. Gilt Groupe, L.P. (a Business Entity of Massachusetts) terminated. (See document for details) (mrgo)
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| Filing 57 STIPULATION to Dismiss Defendant Gilt Groupe, L.P. filed by Plaintiff Star Fabrics, Inc.. (Attachments: #1 Proposed Order 1)(Newman, Blake) |
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Filing 56
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of January 3, 2022; 2. Setting Motion Cut-off date of January 10, 2022; 3. Setting Final Pretrial Conference for February 18, 2022, at 1:30 p.m.; 4. Setting Jury Trial Date of March 15, 2022, at 9:00 a.m. (See document for details) (mrgo)
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Filing 55
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. Absent extraordinary circumstances, which must satisfy the requirements of Federal Rule of Civil Procedure 16(b) and be brought to the Court's attention in a timely manner, the Court will not modify these dates. The scheduling conference currently on calendar for May 24, 2021, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (See document for details) (mrgo)
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Filing 54
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (See document for details) (mrgo)
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Filing 53
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than January 17, 2022. (mrgo)
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Filing 52
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Dismiss First Amended Complaint #41 is scheduled for May 17, 2021, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for May 17, 2021, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 51 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant Gilt Groupe, L.P... (Attachments: #1 PROOF OF SERVICE)(McCaskill, Scott) |
| Filing 50 NOTICE OF ERRATA filed by Defendant Gilt Groupe, L.P.. correcting Miscellaneous Document #49 NOTICE OF ERRATA RE: INCORRECT FILING EVENT RE: FILING OF JOINT RULE 26(f) REPORT (Attachments: #1 PROOF OF SERVICE)(McCaskill, Scott) |
| Filing 49 (Attachments: #1 PROOF OF SERVICE)(McCaskill, Scott) |
| Filing 48 NOTICE of Association of Counsel associating attorney Blake A. Newman on behalf of Plaintiff Star Fabrics, Inc.. Filed by Plaintiff Star Fabrics, Inc. (Attorney Blake Alexander Newman added to party Star Fabrics, Inc.(pty:pla))(Newman, Blake) |
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Filing 47
MINUTE ORDER IN CHAMBERS re Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Accordingly, the Court dismisses the claims against Defendants KAS New York, K.A.S. Designs, and Dani II, Inc. without prejudice for failure to comply with Rule 4(m) and for lack of prosecution. See Fed. R. Civ. P. 41(b); see also Yourish, 191 F.3d at 986-88; Ferdik, 963 F.2d at 1260. (See document for details). KAS New York (a Business Entity of Form Unknown), Dani II, Inc. (a New York Corporation) and K.A.S. Designs (a Business Entity of Form Unknown) terminated. (mrgo)
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| Filing 46 REPLY IN SUPPORT OF A MOTION NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #41 filed by Defendant Gilt Groupe, L.P.. (Attachments: #1 PROOF OF SERVICE)(McCaskill, Scott) |
| Filing 45 DECLARATION of Troy M. Mueller re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #43 filed by Plaintiff Star Fabrics, Inc.. (Mueller, Troy) |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #41 filed by Plaintiff Star Fabrics, Inc.. (Mueller, Troy) |
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Filing 43
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Based on the information provided in Plaintiff's Response, the Court finds that Plaintiff has made an insufficient showing to discharge the order to show cause. Accordingly, the Court hereby continues the deadline for Plaintiff to respond to the Court's order to show cause until April 28, 2021. The Court warns Plaintiff that it will not have unlimited opportunities to serve the defendants. Failure to respond to this order may result in the imposition of sanctions, including but not limited to dismissal of the First Amended Complaint. (See document for details) (mrgo)
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| Filing 42 NOTICE of Interested Parties filed by Defendant Gilt Groupe, L.P., identifying Star Fabrics, Inc.; KAS NEW YORK; K.A.S. Designs; DANI II, Inc.; Gilt Groupe, LP; SmartBargains, Inc.; SB.com, Inc.; Travaelers Insurance. (Attachments: #1 Proof of Service)(Mariam, Craig) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Gilt Groupe, L.P.. Motion set for hearing on 5/17/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order, #2 Proof of Service) (Mariam, Craig) |
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Filing 39
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 5/24/2021 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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Filing 38
ORDER DENYING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Percy Anderson, re Stipulation to Extend Time to Answer (More than 30 days), #36 . (mrgo)
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| Filing 37 DECLARATION of Troy M. Mueller re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #34 filed by Plaintiff Star Fabrics, Inc.. (Mueller, Troy) |
| Filing 36 Joint STIPULATION for Extension of Time to File Answer to 05/10/2021 filed by Defendant Gilt Groupe, L.P.. (Attachments: #1 Proposed Order Proposed Order, #2 Proof of Service)(Attorney Craig J Mariam added to party Gilt Groupe, L.P.(pty:dft))(Mariam, Craig) |
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Filing 35
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 4/13/2021.) (mrgo)
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Filing 34
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 4/9/2021.) (mrgo)
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Filing 40
MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE by Judge Percy Anderson. Plaintiff's First Amended Complaint ("FAC") brings claims for copyright infringement and vicarious and/or contributory copyright infringement against Defendants KAS New York, K.A.S. Designs, Dani II, Inc., and Gilt Groupe, L.P. (Dkt. 29.) Plaintiff alleges that Defendants KAS New York, K.A.S. Designs, and Dani II, Inc. sold garments to Defendant Gilt Groupe, L.P. that infringed Plaintiff's copyrighted design. (Id. at 25.) On March 11, 2021, the Court continued its order to show cause why one or more of the Defendants should not be dropped from this case for improper joinder. (Dkt. 31.) On March 18, 2021, Plaintiff filed a Response. (Dkt. 33.) (See document for details). Based on the evidence presented in Plaintiff's Response, the Court hereby discharges the order to show cause without prejudice to it being raised at a later stage of this litigation. (mrgo)
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| Filing 33 DECLARATION of Troy M. Mueller re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #31 filed by Plaintiff Star Fabrics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mueller, Troy) |
| Filing 32 WAIVER OF SERVICE Returned Executed filed by plaintiff Star Fabrics, Inc.. upon Gilt Groupe, L.P. waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Scott W. McCaskill. (Mueller, Troy) |
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Filing 31
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson. It appeared that Plaintiff had improperly joined its claims against multiple Defendants who have no apparent connection to one another, and who have participated in separate transactions for different infringing garments. For these reasons, the Court hereby continues its order to show cause why one or more of the Defendants should not be dropped from this case for improper joinder. Plaintiff shall file a response no later than March 18, 2021. Failure to file an adequate response by the designated deadline may result, without further warning, in dismissal of the action without prejudice. See minute order for details. (lom)
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| Filing 30 NOTICE OF DISMISSAL filed by plaintiff Star Fabrics, Inc. pursuant to FRCP 41a(1) as to Bloomingdales The Outlet Store, RD and Koko, Inc., Ross Stores, Inc., Whispers Fashions NY, Inc.. (Mueller, Troy) |
| Filing 29 FIRST AMENDED COMPLAINT against Defendants Dani II, Inc., Does, Gilt Groupe, L.P., K.A.S. Designs, KAS New York amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Star Fabrics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Mueller, Troy) |
| Filing 28 Joint STIPULATION Extending Time to Answer the complaint as to Gilt Groupe, L.P. answer now due 3/26/2021, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Gilt Groupe, L.P..(Attorney Timothy B Yoo added to party Gilt Groupe, L.P.(pty:dft))(Yoo, Timothy) |
| Filing 27 STIPULATION Extending Time to Answer the complaint as to Bloomingdales The Outlet Store answer now due 3/31/2021, re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Star Fabrics, Inc..(Mueller, Troy) |
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Filing 26
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson. For these reasons, the Court orders Plaintiff to show cause in writing no later than March 3, 2021, why one or more of the Defendants should not be dropped from this case for improper joinder. See minute order for details. (lom)
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| Filing 25 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, Whispers Fashions NY, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, RD AND KOKO, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, KAS New York in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, K.A.S. Designs in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, Gilt Groupe, L.P. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, Dani II, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Service of the Summons and Complaint were executed upon Defendant, Bloomingdale's The Outlet Store in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. AMENDED (Mueller, Troy) |
| Filing 18 WAIVER OF SERVICE Returned Executed filed by plaintiff Star Fabrics, Inc.. upon Ross Stores, Inc. waiver sent by Plaintiff on 2/12/2021, answer due 4/13/2021. Waiver of Service signed by Brendan Quigley. (Mueller, Troy) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Whispers Fashions NY, Inc. served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, Whispers Fashions NY, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant RD and Koko, Inc. served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, RD AND KOKO, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant KAS New York served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, KAS New York in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant K.A.S. Designs served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, K.A.S. Designs in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Gilt Groupe, L.P. served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, Gilt Groupe, L.P. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Dani II, Inc. served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, Dani II, Inc. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Bloomingdales The Outlet Store served on 2/8/2021, answer due 3/1/2021. Service of the Summons and Complaint were executed upon Defendant, Bloomingdale's The Outlet Store in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Mueller, Troy) |
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Filing 10
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-00383 PA (GJSx). (aco)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Bloomingdales The Outlet Store, Dani II, Inc., Gilt Groupe, L.P., K.A.S. Designs, KAS New York, RD and Koko, Inc., Ross Stores, Inc., Whispers Fashions NY, Inc. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Gail J. Standish. (car) |
| Filing 5 NOTICE of Interested Parties filed by plaintiff Star Fabrics, Inc., identifying Star Fabrics, Inc., a California corporation; KAS New York, a Business Entity of Form Unknown; K.A.S. Designs, a Business Entity of Form Unknown; DANI II, Inc., a New York corporation; RD and KOKO, Inc., a New York corporation; Whispers Fashions NY, Inc., a New York corporation; ROSS STORES, INC., a California corporation; Gilt Group, LP, aa Business Entity of Massachusetts; Bloomingdale's The Outlet Store, a Business Entity of Form Unknown. (Mueller, Troy) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Star Fabrics, Inc.. (Mueller, Troy) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Star Fabrics, Inc.. (Mueller, Troy) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Star Fabrics, Inc.. (Mueller, Troy) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30048109 - Fee: $402, filed by plaintiff Star Fabrics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Attorney Troy M Mueller added to party Star Fabrics, Inc.(pty:pla))(Mueller, Troy) |
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