Magic Link Garment Ltd. v. ThirdLove, Inc.
Plaintiff: Magic Link Garment LTD
Defendant: ThirdLove, Inc.
Trustee: Bill.Com, Inc. and Silicon Valley Bank
Case Number: 4:2018cv07366
Filed: December 6, 2018
Court: US District Court for the Northern District of California
Office: San Francisco Office
Presiding Judge: Phyllis J Hamilton
Referring Judge: Elizabeth D Laporte
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2019 Opinion or Order Filing 58 CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J. Hamilton on 3/26/19. (kcS, COURT STAFF) (Filed on 3/26/2019)
March 26, 2019 Opinion or Order Filing 57 STIPULATION AND ORDER SELECTING ADR PROCESS by Judge Phyllis J. Hamilton granting #56 Stipulation. (kcS, COURT STAFF) (Filed on 3/26/2019)
March 26, 2019 Filing 56 STIPULATION WITH PROPOSED ORDER Selecting ADR process filed by ThirdLove, Inc., Magi Link Garment LTD. (Pernick, John) (Filed on 3/26/2019) Modified on 3/27/2019 (cpS, COURT STAFF).
March 26, 2019 CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement. (kcS, COURT STAFF) (Filed on 3/26/2019)
March 21, 2019 Filing 55 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 3/21/2019. Close of Fact Discovery due by 9/16/2019. Designation of Experts due by 10/16/2019. Rebuttal Reports due by 11/18/2019. Close of Expert Discovery due by 1/17/2020. Dispositive Motion due by 4/1/2020. Pretrial Conference set for 7/9/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton.Jury Selection and Jury Trial (8 days) set for 8/3/2020 at 08:30 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. FTR Time: 3:20-3:29. (kcS, COURT STAFF) (Date Filed: 3/21/2019)
March 14, 2019 Filing 54 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by ThirdLove, Inc. and Magic Link Garment LTD. (Pernick, John) (Filed on 3/14/2019) Modified on 3/15/2019 (ajsS, COURT STAFF).
March 13, 2019 Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Plaintiff Magic Link Garment, Ltd. (Hecker, Dustin) (Filed on 3/13/2019)
March 11, 2019 Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by ThirdLove, Inc. (Pernick, John) (Filed on 3/11/2019)
March 8, 2019 Filing 51 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 3/8/2019)
February 27, 2019 Opinion or Order Filing 50 STIPULATED PROTECTIVE ORDER by Judge Phyllis J. Hamilton granting #49 Stipulation. (kcS, COURT STAFF) (Filed on 2/27/2019)
February 26, 2019 Filing 49 [PROPOSED] Stipulated Protective Order filed by ThirdLove, Inc. and Magic Link Garment LTD. (Pernick, John) (Filed on 2/26/2019) Modified on 2/27/2019 (ajsS, COURT STAFF).
February 21, 2019 Opinion or Order Filing 48 ORDER by Judge Phyllis J. Hamilton granting #47 Motion for Pro Hac Vice as to Justin Arthur Kesselman. (kcS, COURT STAFF) (Filed on 2/21/2019)
February 21, 2019 Filing 47 MOTION for leave to appear in Pro Hac Vice Re: Justin Arthur Kesselman (Filing fee $310, receipt number 0971-13109639) filed by Magic Link Garment LTD. (Attachments: #1 Certificate of Good Standing)(Kesselman, Justin) (Filed on 2/21/2019) Modified on 2/21/2019 (cjlS, COURT STAFF).
January 31, 2019 Opinion or Order Filing 46 ORDER by Judge Phyllis J. Hamilton granting #45 Motion for Pro Hac Vice as to Dustin F. Hecker. (kcS, COURT STAFF) (Filed on 1/31/2019)
January 31, 2019 Filing 45 MOTION for leave to appear in Pro Hac Vice of Attorney Dustin F. Hecker (Filing fee $310, receipt number 0971-13051785) filed by Magic Link Garment LTD. (Attachments: #1 Exhibit)(Hecker, Dustin) (Filed on 1/31/2019) Modified on 2/1/2019 (cjlS, COURT STAFF).
January 30, 2019 Filing 44 NOTICE of Appearance by Shelby Anne Cummings (Cummings, Shelby) (Filed on 1/30/2019)
January 8, 2019 #Electronic filing error. REMINDER: Justin A. Kesselman must update personal profile for change of contact information to be in effect [err102] Re: #43 Notice (Other) filed by Mag ic Link Garment LTD. (cjlS, COURT STAFF) (Filed on 1/8/2019)
January 7, 2019 Filing 43 NOTICE of Change of Law Firm Name and E-Mail Address by Magic Link Garment LTD. (Hecker, Dustin) (Filed on 1/7/2019) Modified on 1/8/2019 (cjlS, COURT STAFF).
December 21, 2018 Opinion or Order Filing 42 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/14/2019. Initial Case Management Conference set for 3/21/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 12/21/18. (kcS, COURT STAFF) (Filed on 12/21/2018)
December 20, 2018 Opinion or Order Filing 41 ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by the Executive Committee on 12/20/18. (srnS, COURT STAFF) (Filed on 12/20/2018)
December 19, 2018 Filing 40 NOTICE by ThirdLove, Inc. Of Withdrawal Of Appearance (Pernick, John) (Filed on 12/19/2018)
December 19, 2018 Filing 39 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 12/19/2018)
December 18, 2018 Filing 38 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ThirdLove, Inc... (Pernick, John) (Filed on 12/18/2018)
December 18, 2018 Filing 37 NOTICE of Appearance by John D. Pernick (Pernick, John) (Filed on 12/18/2018)
December 13, 2018 Filing 36 NOTICE of Appearance by Dustin F. Hecker and Justin A. Kesselman (Hecker, Dustin) (Filed on 12/13/2018)
December 7, 2018 Filing 35 Sent by U.S. MAIL a copy of #34 Order Setting Initial Case Management Conference and ADR Deadlines, a copy of this Clerk's Notice to Attorney Dustin F. Hecker of McDermott Will & Emery. Re #33 Order of Transfer (aaaS, COURT STAFF) (Filed on 12/7/2018)
December 6, 2018 Opinion or Order Filing 34 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/5/2019. Initial Case Management Conference set for 3/12/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 12/6/18. (aaaS, COURT STAFF) (Filed on 12/6/2018)
December 6, 2018 Filing 33 Case transferred in from District of Massachusetts; Case Number 1:18-cv-11961. Original file certified copy of transfer order and docket sheet received.
December 6, 2018 Filing 32 Case transferred to the Northern District of California. Case file electronically transferred to the clerk in that District. (DaSilva, Carolina)
December 6, 2018 Filing 31 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER ALLOWING #13 MOTION to Transfer. This case is therefore transferred for assignment to the Northern District of California.(DaSilva, Carolina)
November 29, 2018 Filing 30 MEMORANDUM in Opposition re #25 MOTION for Preliminary Injunction and Trustee Process Attachment filed by ThirdLove, Inc.. (Attachments: #1 Affidavit David Spector)(Puciloski, Peter)
November 23, 2018 Filing 29 ANSWER to Counterclaim by Magic Link Garment Ltd..(Kesselman, Justin)
November 16, 2018 Filing 28 Letter/request (non-motion) from Peter L. Puciloski . (Puciloski, Peter)
November 15, 2018 Filing 27 ELECTRONIC NOTICE issued requesting courtesy copy for #25 MOTION for Preliminary Injunction and Trustee Process Attachment, #26 Memorandum in Support of Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by 11/20/2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
November 14, 2018 Filing 26 MEMORANDUM in Support re #25 MOTION for Preliminary Injunction and Trustee Process Attachment filed by Magic Link Garment Ltd.. (Kesselman, Justin)
November 14, 2018 Filing 25 MOTION for Preliminary Injunction and Trustee Process Attachment by Magic Link Garment Ltd.. (Attachments: #1 Affidavit in Support of Motion for Trustee Process and Preliminary Injunction, #2 Exhibit A to Affidavit, #3 Exhibit B to Affidavit, #4 Exhibit C to Affidavit, #5 Exhibit D to Affidavit, #6 Exhibit E to Affidavit, #7 Exhibit F to Affidavit, #8 Exhibit G to Affidavit, #9 Exhibit H to Affidavit, #10 Exhibit I to Affidavit, #11 Exhibit J to Affidavit, #12 Exhibit K to Affidavit, #13 Exhibit L to Affidavit, #14 Exhibit M to Affidavit)(Kesselman, Justin)
November 6, 2018 Filing 24 Judge Indira Talwani: ELECTRONIC ORDER ELECTRONIC ORDER: granting #23 Plaintiff's Motion to strike Thirdlove, Inc's Statement Whether Venue is Proper in the District of Massachusetts 21 , and striking sua sponte Plaintiff's Statement Concerning Venue Question 20 . The court's limited questions to the parties 19 did not invite further rebriefing of the pending motion to transfer. The clerk shall strike Thirdlove, Inc's Statement Whether Venue is Proper in the District of Massachusetts 21 and Plaintiff's Statement Concerning Venue Question 20 from the docket. (MacDonald, Gail)
November 1, 2018 Filing 23 MOTION to Strike 21 Statement by Magic Link Garment Ltd..(Kesselman, Justin)
November 1, 2018 Filing 22 ANSWER to #9 Amended Complaint, , COUNTERCLAIM against Magic Link Garment Ltd. by ThirdLove, Inc..(Puciloski, Peter)
November 1, 2018 Filing 21 THIS DOCUMENT WAS STRUCK FROM THE RECORD. Modified on 11/6/2018 (MacDonald, Gail).
November 1, 2018 Filing 20 THIS DOCUMENT WAS STRUCK FROM THE RECORD.
October 25, 2018 Filing 19 Judge Indira Talwani: ELECTRONIC ORDER entered. The court seeks to determine whether venue in this District is proper. Plaintiff's #9 Amended Complaint claims that "[v]enue is proper in this judicial district pursuant to 28 U.S.C. 1391(b)(2) "in that a substantial part of the events or omissions giving rise to the claim occurred here." Defendant's #13 Motion to Transfer seeks transfer under 28 U.S.C. 1404(a) (for the convenience of the parties and witnesses, and in the interest of justice), and not 28 U.S.C. 1406 (improper venue). No later than November 1, 2018, Plaintiff shall identify for the court any allegations in the complaint relating to events or omissions giving rise to the claims that occurred in the District of Massachusetts. No later than November 1, 2018, Defendant shall state (without prejudice to its motion for transfer under 28 U.S.C. 1404(a)) whether it disputes Plaintiff's claim that venue is proper in this District. (DaSilva, Carolina)
October 25, 2018 Filing 18 ELECTRONIC NOTICE issued requesting courtesy copy for #15 Opposition to Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by 10/30/2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
October 25, 2018 Filing 17 Judge Indira Talwani: ELECTRONIC ORDER entered DENYING Defendant's #6 Motion to Dismiss as moot in light of Plaintiff's #16 Confirmation of Registration to do Business in Massachusetts. (DaSilva, Carolina)
October 24, 2018 Filing 16 Response by Magic Link Garment Ltd. to #6 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Confirmation of Resignation to do Business in Massachusetts. (Hecker, Dustin) (Main Document 16 replaced on 10/25/2018 to remove exhibit A). (Additional attachment(s) added on 10/25/2018: #1 Exhibit A). Modified the response by removing exhibit A and filing as a separate attachment on 10/25/2018 (DaSilva, Carolina).
October 24, 2018 Filing 15 Opposition re #13 MOTION to Transfer Case to California. filed by Magic Link Garment Ltd.. (Attachments: #1 Affidavit of Matthew L. Fink, #2 Exhibit A to Fink Aff., #3 Exhibit B to Fink Aff., #4 Exhibit C to Fink Aff., #5 Exhibit D to Fink Aff.)(Kesselman, Justin)
October 10, 2018 Filing 14 MEMORANDUM in Support re #13 MOTION to Transfer Case to California. filed by ThirdLove, Inc.. (Puciloski, Peter)
October 10, 2018 Filing 13 MOTION to Transfer Case to California. by ThirdLove, Inc.. (Attachments: #1 Affidavit David Spector)(Puciloski, Peter)
October 10, 2018 Filing 12 CORPORATE DISCLOSURE STATEMENT by Magic Link Garment Ltd.. (Hecker, Dustin)
October 10, 2018 Filing 11 Summons Issued as to Bill.Com, Inc., Silicon Valley Bank. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina)
October 4, 2018 Filing 10 Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Stay filed by Magic Link Garment Ltd.. (Hecker, Dustin)
October 4, 2018 Filing 9 AMENDED COMPLAINT against ThirdLove, Inc., filed by Magic Link Garment Ltd..(Hecker, Dustin) . (Additional attachment(s) added on 10/5/2018: #1 Exhibit A-B) (DaSilva, Carolina). Modified the amended complaint on 10/5/2018 by removing the exhibits and filing the exhibits as a separate attachment (DaSilva, Carolina).
September 21, 2018 Filing 8 MEMORANDUM in Support re #6 MOTION to Dismiss for Lack of Jurisdiction filed by ThirdLove, Inc.. (Puciloski, Peter) (Main Document 8 replaced on 9/24/2018 with corrected signature page) (DaSilva, Carolina).
September 21, 2018 Filing 7 AFFIDAVIT of Peter L. Puciloski re #6 MOTION to Dismiss for Lack of Jurisdiction by ThirdLove, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Puciloski, Peter) (Main Document 7 replaced on 9/24/2018 with corrected signature page) (DaSilva, Carolina).
September 21, 2018 Filing 6 MOTION to Dismiss for Lack of Jurisdiction by ThirdLove, Inc..(Puciloski, Peter) (Main Document 6 replaced on 9/24/2018 with corrected signature page) (DaSilva, Carolina).
September 18, 2018 Filing 5 NOTICE of Appearance by Justin A. Kesselman on behalf of Magic Link Garment Ltd. (Kesselman, Justin)
September 18, 2018 Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Vieira, Leonardo)
September 18, 2018 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary)
September 17, 2018 Filing 2 Civil Cover Sheet & Category Sheet by ThirdLove, Inc.. (Puciloski, Peter)
September 17, 2018 Filing 1 NOTICE OF REMOVAL by ThirdLove, Inc. ( Filing fee: $ 400, receipt number 0101-7321899 Fee Status: Filing Fee paid) (Puciloski, Peter) (Main Document 1 replaced on 9/18/2018) (Vieira, Leonardo). (Additional attachment(s) added on 9/18/2018: #1 Exhibit) (Vieira, Leonardo).

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Search for this case: Magic Link Garment Ltd. v. ThirdLove, Inc.
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Plaintiff: Magic Link Garment LTD
Represented By: Justin A. Kesselman
Represented By: Dustin F. Hecker
Represented By: Justin Arthur Kesselman
Represented By: Shelby Anne Cummings
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Defendant: ThirdLove, Inc.
Represented By: Peter L. Puciloski
Represented By: Jaideep Venkatesan
Represented By: John D. Pernick
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Trustee: Bill.Com, Inc.
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Trustee: Silicon Valley Bank
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