21st Century Brands Limited v. RTW Retailwinds Acquisition LLC et al
| 21ST CENTURY BRANDS LIMITED |
| RTW RETAILWINDS ACQUISITION LLC, Saadia Group LLC, NY and Co Ecomm LLC and Lord & Taylor Ecomm LLC |
| 3:2022cv07539 |
| November 30, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 OPPOSITION/RESPONSE (re #38 MOTION to Dismiss for Lack of Jurisdiction ) Amended to include Tables filed by21st Century Brands Limited. (Leader-Picone, Malcolm) (Filed on 9/6/2023) |
| Filing 42 OPPOSITION/RESPONSE (re #38 MOTION to Dismiss for Lack of Jurisdiction ) filed by21st Century Brands Limited. (Leader-Picone, Malcolm) (Filed on 9/5/2023) |
| Filing 41 CLERK'S NOTICE Continuing Case Management Conference: The Initial Case Management Conference set for 9/11/2023 is continued to 11/13/2023 01:30 PM in San Francisco - Videoconference Only. Case Management Statement due by 11/6/2023. Case Management Statement due by 11/6/2023. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 8/30/2023) |
| Set/Reset Deadlines as to #38 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing reset for 10/16/2023 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (mkl, COURT STAFF) (Filed on 8/25/2023) |
| Filing 40 Renotice motion hearing re #38 MOTION to Dismiss for Lack of Jurisdiction filed byRTW Retailwinds Acquisition LLC. (Related document(s) #38 ) (Lesches, Levi) (Filed on 8/24/2023) |
| Filing 39 CLERK'S NOTICE Regarding #38 Motion to Dismiss: Defendant has filed a Motion to Dismiss and noticed it for hearing on 10/9/2023 which is a Court holiday. Accordingly, the motion hearing set for 10/9/2023 is vacated. Counsel is directed to re-notice the motion (using the event Re-notice Motion) for another available date on the Court's calendar. The briefing schedule remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 8/23/2023) |
| Filing 38 MOTION to Dismiss for Lack of Jurisdiction filed by RTW Retailwinds Acquisition LLC. Motion Hearing set for 10/9/2023 09:30 AM before Magistrate Judge Sallie Kim. Responses due by 9/5/2023. Replies due by 9/12/2023. (Lesches, Levi) (Filed on 8/22/2023) |
| Filing 37 AMENDED COMPLAINT against All Defendants. Filed by21st Century Brands Limited. (Leader-Picone, Malcolm) (Filed on 8/8/2023) |
| #Electronic filing error. Filer is reminded to enter on the docket ALL parties as named in the Amended Complaint. Corrected by Clerk's Office. No further action is necessary. Re: #37 Amended Complaint filed by 21st Century Brands Limited. (mcl, COURT STAFF) (Filed on 8/8/2023) |
| Filing 36 CLERK'S NOTICE Continuing Case Management Conference: The Initial Case Management Conference set for 6/12/2023 is continued to 9/11/2023 01:30 PM in San Francisco - Videoconference Only. Joint Case Management Statement due by 9/1/2023. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 6/5/2023) |
| Filing 35 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 5/8/2023 re #25 MOTION to Dismiss for Lack of Jurisdiction filed by RTW Retailwinds Acquisition LLC. The Court GRANTS Defendant's #25 motion to dismiss for lack of jurisdiction but is providing Plaintiff with leave to amend after conducting some jurisdictional discovery. Plaintiff may propound two interrogatories, three requests for production of documents, and two requests for admissions. Plaintiff's amended complaint, if it elects to file one, shall be filed by no later than 8/7/2023.Digital Recording Time: 9:32-9:33; 9:38-9:54. Attorney for Plaintiff: Malcolm Leader-Picone. Attorney for Defendant: Levi Leches. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 5/8/2023) |
Filing 34
ORDER Continuing Hearing Re: #25 MOTION to Dismiss for Lack of Jurisdiction filed by RTW Retailwinds Acquisition LLC. Signed by Magistrate Judge Sallie Kim on 5/1/2023. Motion Hearing reset for 5/8/2023 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (mkl, COURT STAFF) (Filed on 5/1/2023)
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| Filing 33 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 5/1/2023 re #25 MOTION to Dismiss for Lack of Jurisdiction filed by RTW Retailwinds Acquisition LLC. Plaintiff's counsel did not appear. The Court will issue an order to show cause. The hearing on the motion may be rescheduled for a later date, if necessary. Digital Recording Time: 9:38-9:39; 9:44-9:45. Attorney for Plaintiff: No Appearance. Attorney for Defendant: Levi Leches. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 5/1/2023) |
| Filing 32 Letter from Plaintiff's Counsel . (Leader-Picone, Malcolm) (Filed on 5/1/2023) |
| Filing 31 NOTICE OF QUESTIONS. Signed by Magistrate Judge Sallie Kim on 4/26/2023. (mkl, COURT STAFF) (Filed on 4/26/2023) |
| Filing 30 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing Re: #25 MOTION to Dismiss for Lack of Jurisdiction set for 5/1/2023 09:30 AM in San Francisco before Magistrate Judge Sallie Kim. This proceeding will be held by videoconference via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 4/26/2023) |
| Filing 29 CLERK'S NOTICE Continuing Case Management Conference: The Initial Case Management Conference set for 5/1/2023 is continued to 6/12/2023 01:30 PM in San Francisco - Videoconference Only. Case Management Statement due by 6/5/2023. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 4/25/2023) |
| Filing 28 REPLY (re #25 MOTION to Dismiss for Lack of Jurisdiction ) filed byRTW Retailwinds Acquisition LLC. (Lesches, Levi) (Filed on 4/11/2023) |
| Filing 27 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss for Lack of Jurisdiction ) filed by21st Century Brands Limited. (Attachments: #1 Declaration of Farzad Gozashti, #2 Declaration of Malcolm Leader-Picone)(Leader-Picone, Malcolm) (Filed on 4/5/2023) |
| Filing 26 Declaration in Support of #25 MOTION to Dismiss for Lack of Jurisdiction filed byRTW Retailwinds Acquisition LLC. (Related document(s) #25 ) (Lesches, Levi) (Filed on 3/22/2023) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction filed by RTW Retailwinds Acquisition LLC. Motion Hearing set for 5/1/2023 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 4/5/2023. Replies due by 4/12/2023. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Proposed Judgment)(Lesches, Levi) (Filed on 3/22/2023) |
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Filing 24
ORDER by Magistrate Judge Sallie Kim granting #12 Motion to Set Aside Default; denying #21 Administrative Motion for Leave to file Sur-Reply. Case Management Statement due by 4/24/2023. Initial Case Management Conference continued to 5/1/2023 01:30 PM in San Francisco - Videoconference Only. (mkl, COURT STAFF) (Filed on 3/1/2023)
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| Filing 23 RESPONSE re 16 ADR Clerks Notice re: Non-Compliance after 5/1/2018, #20 Response ( Non Motion ) by 21st Century Brands Limited. (Leader-Picone, Malcolm) (Filed on 2/28/2023) |
| Filing 22 ADMINISTRATIVE MOTION to Continue Initial Case Management Conference re #7 Initial Case Management Scheduling Order with ADR Deadlines, filed by 21st Century Brands Limited. Responses due by 3/6/2023. (Leader-Picone, Malcolm) (Filed on 2/28/2023) Modified on 2/28/2023 (mcl, COURT STAFF). |
| Filing 21 ADMINISTRATIVE MOTION for Leave to file Sur-Reply re #19 Reply to Opposition/Response filed by 21st Century Brands Limited. Responses due by 3/6/2023. (Leader-Picone, Malcolm) (Filed on 2/28/2023) Modified on 2/28/2023 (mcl, COURT STAFF). |
| Filing 20 RESPONSE re 16 ADR Clerks Notice re: Non-Compliance after 5/1/2018, by RTW Retailwinds Acquisition LLC. (Lesches, Levi) (Filed on 2/27/2023) |
| Filing 19 REPLY (re #12 MOTION to Set Aside Default ) filed byRTW Retailwinds Acquisition LLC. (Lesches, Levi) (Filed on 2/27/2023) |
| Filing 18 Letter from Plaintiff, 21st Century Brands Limited Requesting rescheduling of Initial CMC. (Leader-Picone, Malcolm) (Filed on 2/24/2023) |
| Filing 17 OPPOSITION/RESPONSE (re #12 MOTION to Set Aside Default ) filed by21st Century Brands Limited. (Attachments: #1 Declaration in Support of Opposition)(Leader-Picone, Malcolm) (Filed on 2/22/2023) |
| Filing 16 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 2/17/2023) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by RTW Retailwinds Acquisition LLC.. (Lesches, Levi) (Filed on 2/7/2023) |
| Filing 14 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 2/21/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/21/2023. (mkl, COURT STAFF) (Filed on 2/7/2023) |
| Filing 13 Request for Judicial Notice re #12 MOTION to Set Aside Default filed by RTW Retailwinds Acquisition LLC. (Related document(s) #12 ) (Lesches, Levi) (Filed on 2/7/2023) Modified on 2/7/2023 (mcl, COURT STAFF). |
| Filing 12 MOTION to Set Aside Default filed by RTW Retailwinds Acquisition LLC. Motion Hearing set for 3/13/2023 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 2/21/2023. Replies due by 2/28/2023. (Attachments: #1 Declaration of S. Lauer, #2 Declaration of J. Saadia, #3 Proposed Order)(Lesches, Levi) (Filed on 2/6/2023) Modified on 2/7/2023 (mcl, COURT STAFF). |
| Filing 11 Clerk's Notice ENTRY OF DEFAULT as to RTW Retailwinds Acquisition LLC, a Delaware limited liability company. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #10 )(wsn, COURT STAFF) (Filed on 1/17/2023) |
| Filing 10 MOTION for Entry of Default filed by 21st Century Brands Limited. (Leader-Picone, Malcolm) (Filed on 1/5/2023) |
| Filing 9 Proof of Service by 21st Century Brands Limited re #8 Summons Issued (Leader-Picone, Malcolm) (Filed on 12/9/2022) Modified on 12/12/2022 (kmg, COURT STAFF). |
| Filing 8 Summons Issued as to RTW Retailwinds Acquisition LLC. (wsn, COURT STAFF) (Filed on 12/1/2022) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/27/2023. Initial Case Management Conference set for 3/6/2023 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (wsn, COURT STAFF) (Filed on 12/1/2022) |
| Filing 6 Proposed Summons. (Leader-Picone, Malcolm) (Filed on 12/1/2022) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/15/2022. (as, COURT STAFF) (Filed on 12/1/2022) |
| #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701] Re:[ 1] Complaint filed by 21st Century Brands Limited (as, COURT STAFF) (Filed on 12/1/2022) |
| Filing 4 Certificate of Interested Entities by 21ST CENTURY BRANDS LIMITED identifying Other Affiliate 21ST CENTURY BRANDS, INC. for 21ST CENTURY BRANDS LIMITED. re #1 Complaint (Leader-Picone, Malcolm) (Filed on 11/30/2022) |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 21ST CENTURY BRANDS LIMITED.. (Leader-Picone, Malcolm) (Filed on 11/30/2022) |
| Filing 2 Civil Cover Sheet by 21ST CENTURY BRANDS LIMITED . (Leader-Picone, Malcolm) (Filed on 11/30/2022) |
| Filing 1 COMPLAINT Filing Fee paid ACANDC-17772635 $402.00 against RTW RETAILWINDS ACQUISITION LLC. Filed by21ST CENTURY BRANDS LIMITED. (Leader-Picone, Malcolm) (Filed on 11/30/2022) Modified on 12/1/2022 (as, COURT STAFF). |
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