Ganz v. SM Kids LLC
Ganz |
SM Kids LLC |
1:2018cv01357 |
August 31, 2018 |
US District Court for the District of Delaware |
Richard G Andrews |
Trademark |
15 U.S.C. § 1114 |
Plaintiff |
Docket Report
This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 78 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 2,554,518; Appl. No. 86052534; Appl. No. 86053370. (Attachments: #1 Order of Judgment)(nms) |
Filing 77 ORDER of Judgment and Permanent Injunction (CASE CLOSED). Signed by Judge Richard G. Andrews on 9/4/2019. (nms) |
Filing 76 Letter to The Honorable Richard G. Andrews, from Stephanie E. O'Byrne, Esq., regarding proposed form of permanent injunction. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(O'Byrne, Stephanie) Modified on 9/4/2019 (nms). |
Filing 75 ORDER: Plaintiff's Motion for Summary Judgment (D.I. #55 ) is GRANTED. Defendant's Cross-Motion for Summary Judgment (D.I. #65 ) is DENIED. The parties shall submit a proposed order for the entry of an injunction to the Court consistent with the accompanying memorandum opinion within five days of this order. Signed by Judge Richard G. Andrews on 8/26/2019. (nms) |
Filing 74 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/26/2019. (nms) |
Filing 73 Official Transcript of Conference held on 5/09/2019 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 573-6195. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/4/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/12/2019. (dh) |
Filing 72 NOTICE of Subsequent Authority by Ganz re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
Filing 71 REDACTED VERSION of #67 Declaration of John M. Magliery, by SM Kids LLC. (Attachments: #1 Exhibits 8-28)(Murphy, Kathleen) Modified on 7/1/2019 (nms). |
Filing 70 REDACTED VERSION of #65 Answering Brief in Opposition, by SM Kids LLC. (Murphy, Kathleen) Modified on 7/1/2019 (nms). |
Filing 69 REPLY BRIEF re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, and Opposition to #65 Cross-Motion for Summary Judgment, filed by Ganz. (Attachments: #1 Exhibit 11, #2 Proposed Order)(Moore, David) Modified on 7/1/2019 (nms). |
Filing 68 ORAL ORDER: In view of subsequent developments (D.I. #47 ), the motion for leave to file summary judgment (D.I. #32 ) is DISMISSED as moot. Ordered by Judge Richard G. Andrews on 6/28/2019. (nms) |
Filing 67 [SEALED] DECLARATION of John M. Magliery re #65 Answering Brief in Opposition, by SM Kids LLC. (Attachments: #1 Exhibits 8-28, #2 Certificate of Service)(Winston, Patricia) Modified on 6/25/2019 (nms). |
Filing 66 DECLARATION of Stephen Garchik re #65 Answering Brief in Opposition, by SM Kids LLC. (Attachments: #1 Exhibits 1-7)(Winston, Patricia) Modified on 6/25/2019 (nms). |
Filing 65 [SEALED] ANSWERING BRIEF in Opposition re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, and CROSS-Motion for Summary Judgment, filed by SM Kids LLC.Reply Brief due date per Local Rules is 7/1/2019. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Winston, Patricia) Modified on 7/1/2019 (nms). |
Filing 64 ORAL ORDER: Defendant's request to extend the page limit (D.I. #60 ) is GRANTED. The request to amend the schedule in place (D.I. #60 ) is DENIED. Ordered by Judge Richard G. Andrews on 6/21/2019. (nms) |
Filing 63 REDACTED VERSION of #62 Response to Motion by Ganz. (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
Filing 62 [SEALED] RESPONSE to #60 MOTION to Amend the Joint Stipulation and Order and Seeking an Extension of Page Limits, filed by Ganz. (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) Modified on 6/21/2019 (nms). |
Filing 61 ORAL ORDER: A response to the Motion to Amend the Joint Stipulation and Order and Seeking an Extension of Page Limits (D.I. #60 ) is due by 2:00 pm today June 21, 2019. Ordered by Judge Richard G. Andrews on 6/21/2019. (nms) |
Filing 60 MOTION to Amend the Joint Stipulation and Order and Seeking an Extension of Page Limits - filed by SM Kids LLC. (Attachments: #1 Proposed Order)(Winston, Patricia) Modified on 6/20/2019 (nms). |
Filing 59 DECLARATION of Erica Mulvihill re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, by Ganz. (Attachments: #1 Exhibit 1)(O'Byrne, Stephanie) Modified on 6/7/2019 (nms). |
Filing 58 DECLARATION of Owen Rogers re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, by Ganz. (Attachments: #1 Exhibits 1-2)(O'Byrne, Stephanie) Modified on 6/7/2019 (nms). |
Filing 57 DECLARATION of Steven A. Silvers re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, by Ganz. (Attachments: #1 Exhibits 1-2)(O'Byrne, Stephanie) Modified on 6/7/2019 (nms). |
Filing 56 OPENING BRIEF in Support re #55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim, filed by Ganz.Answering Brief/Response due date per Local Rules is 6/21/2019. (Attachments: #1 Exhibits 1-10)(O'Byrne, Stephanie) Modified on 6/7/2019 (nms). |
Filing 55 MOTION for Summary Judgment on Breach of Contract Claim and Declaratory Judgment Claim - filed by Ganz. (Attachments: #1 Proposed Order)(O'Byrne, Stephanie) Modified on 6/7/2019 (nms). |
Filing 54 NOTICE of Subpoena, filed by SM Kids LLC directed to Baker & Hostetler LLP for June 4, 2019 (Attachments: #1 Exhibit A, #2 Schedule A)(Murphy, Kathleen) Modified on 5/22/2019 (nms). |
Filing 53 NOTICE of Subpoena, filed by SM Kids LLC directed to Inger Garcia for May 31, 2019 (Attachments: #1 Exhibit A, #2 Schedule A)(Murphy, Kathleen) Modified on 5/22/2019 (nms). |
Filing 52 SO ORDERED Granting #47 Joint Stipulation and Order. Signed by Judge Richard G. Andrews on 5/20/2019. (nms) |
Filing 51 NOTICE to Take Deposition of Owen Rogers on May 22, 2019 filed by SM Kids LLC.(Murphy, Kathleen) |
Filing 50 NOTICE to Take Deposition of Howard Ganz on May 23, 2019 filed by SM Kids LLC.(Murphy, Kathleen) |
Filing 49 SUBPOENA filed by SM Kids LLC directed to Steven A. Silvers for May 30, 2019 (Attachments: #1 Exhibit A)(Murphy, Kathleen) Modified on 5/20/2019 (nms). |
Filing 48 REDACTED VERSION of #44 Letter, by Ganz. (Attachments: #1 Exhibit 1-16, #2 Exhibits 17-22)(O'Byrne, Stephanie) Modified on 5/20/2019 (nms). |
Filing 47 STIPULATION and Proposed Order regarding agreement discussed during the May 9, 2019 discovery conference by Ganz. (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
Filing 46 REDACTED VERSION of #45 Letter, by SM Kids LLC. (Attachments: #1 Exhibit A)(Winston, Patricia) Modified on 5/17/2019 (nms). |
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #44 . (nms) |
Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 5/9/2019. Local counsel present for plaintiff: D. Perez. Local counsel present for defendant: P. Winston. (Court Reporter Heather Triozzi.) (crb) |
Filing 45 [SEALED] Letter to The Honorable Richard G. Andrews, from Patricia A. Winston, Esq., regarding Opposition to Plaintiff's May 7, 2019 (D.I. #44 ). (Attachments: #1 Exhibit A, #2 Certificate of Service)(Winston, Patricia) Modified on 5/8/2019 (nms). |
Filing 44 [SEALED] Letter to The Honorable Richard G. Andrews from Stephanie E. O'Byrne, Esquire regarding opening discovery dispute. (Attachments: #1 Exhibit 1-16, #2 Exhibit 17-22)(O'Byrne, Stephanie) (Main Document 44 replaced on 5/7/2019) (nms). |
CORRECTING ENTRY: The main pdf for D.I. 44 has been replaced per counsel's request. The caption in the filing has been corrected. (nms) |
Filing 43 NOTICE OF SERVICE of Plaintiff's Supplemental Objections and Responses to SM Kids LLC's First Set of Interrogatories (Certain Responses are Confidential Pursuant to Protective Order) filed by Ganz.(O'Byrne, Stephanie) |
SO ORDERED, re #42 Scheduling Stipulation and Order. Signed by Judge Richard G. Andrews on 4/26/2019. (nms) |
Filing 42 SCHEDULING STIPULATION and Proposed Order, by SM Kids LLC. (Murphy, Kathleen) Modified on 4/26/2019 (nms). |
Filing 41 NOTICE OF SERVICE of Responses to Plaintiff's Second Set of Interrogatories and Responses to Plaintiff's Second Set of Requests for Production filed by SM Kids LLC.(Murphy, Kathleen) |
Pro Hac Vice Attorney Zachary E. Davison for Ganz added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
Filing 40 ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 5/9/2019, at 11:00 AM in Chambers 6A before Judge Richard G. Andrews to take up this issue. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. Ordered by Judge Richard G. Andrews on 4/16/2019. (nms) |
Filing 39 NOTICE of Issuance of Subpoena upon Taral Productions, LLC by Ganz (O'Byrne, Stephanie) |
Filing 38 NOTICE of Issuance of Subpoena on Bungalow Media & Entertainment, LLC by Ganz (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
Filing 37 REPLY BRIEF re #32 MOTION for Leave to File Summary Judgment filed by Ganz. (O'Byrne, Stephanie) |
Filing 36 DECLARATION of John Magliery re #35 Response, by SM Kids LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Winston, Patricia) Modified on 3/21/2019 (nms). |
Filing 35 RESPONSE to #32 MOTION for Leave to File Summary Judgment, filed by SM Kids LLC. (Winston, Patricia) Modified on 3/21/2019 (nms). |
Filing 34 NOTICE of Issuance of Subpoenas upon Allan Cohen and Stephen H. Coltrin by Ganz (O'Byrne, Stephanie) |
Filing 33 NOTICE OF SERVICE of Plaintiff's Second Set of Requests for Production and Plaintiff's Second Set of Interrogatories filed by Ganz.(O'Byrne, Stephanie) |
Set Answering Brief Deadline re #32 MOTION for Leave to File Summary Judgment. Answering Brief/Response due date per Local Rules is 3/20/2019. (nms) |
Filing 32 MOTION for Leave to File Summary Judgment - filed by Ganz. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Proposed Order, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Buckley, Jennifer) Modified on 3/6/2019 (nms). |
Filing 31 NOTICE OF SERVICE of Plaintiff's Objections and Responses to SM Kids LLC's First Set of Requests for the Production of Documents and Plaintiff's Objections and Responses to SM Kids LLC's First Set of Interrogatories filed by Ganz.(O'Byrne, Stephanie) |
Filing 30 NOTICE OF SERVICE of Plaintiff's Amended Initial Disclosures filed by Ganz.(O'Byrne, Stephanie) |
Filing 29 MOTION for Pro Hac Vice Appearance of Attorney Zachary E. Davison of Perkins Coie LLP - filed by Ganz. (Moore, David) |
SO ORDERED, re #29 MOTION for Pro Hac Vice Appearance of Attorney Zachary E. Davison of Perkins Coie LLP, filed by Ganz. Signed by Judge Richard G. Andrews on 1/25/2019. (nms) |
Filing 28 NOTICE OF SERVICE of Defendant-Counterclaim Plaintiff SM Kids LLC's Responses to: (1) Plaintiff's First Set of Interrogatories; and (2) Plaintiff's First Set of Requests for Production filed by SM Kids LLC.(Murphy, Kathleen) |
Filing 27 NOTICE of Issuance of Subpoenas upon SJM Partners, Inc. and Peace Love Solve LLC, by Ganz. (Attachments: #1 Exhibit A, #2 Exhibit B)(O'Byrne, Stephanie) Modified on 1/15/2019 (nms). |
Filing 26 NOTICE OF SERVICE of Defendant-Counterclaim Plaintiff SM Kids LLC's First Set of Interrogatories and First Set of Requests for the Production of Documents filed by SM Kids LLC.(Winston, Patricia) |
Filing 25 ORDER Setting Mediation Conferences: A Mediation Conference is set for 4/11/2019 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 1/8/19. (cak) |
Filing 24 NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production and Plaintiff's First Set of Interrogatories filed by Ganz.(O'Byrne, Stephanie) |
Pro Hac Vice Attorney Christian W. Marcelo,David A. Perez for Ganz added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
Filing 23 NOTICE requesting Clerk to remove Deborah A. Wilcox and Shannon V. McCue of Baker & Hostetler LLP as co-counsel. Reason for request: no longer working on case. (O'Byrne, Stephanie) |
SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney David A. Perez and Christian W. Marcelo of Perkins Coie LLP, filed by Ganz. Signed by Judge Richard G. Andrews on 11/27/2018. (nms) |
Filing 22 MOTION for Pro Hac Vice Appearance of Attorney David A. Perez and Christian W. Marcelo of Perkins Coie LLP - filed by Ganz. (O'Byrne, Stephanie) |
Filing 21 SO ORDERED Granting #20 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 11/19/2018. (nms) |
Filing 20 PROPOSED Stipulated Protective Order Regarding The Disclosure And Use Of Discovery Materials, by Ganz. (O'Byrne, Stephanie) Modified on 11/19/2018 (nms). |
SO ORDERED, re #19 STIPULATION TO EXTEND TIME for the parties to file their proposed Protective Order to November 19, 2018. Signed by Judge Richard G. Andrews on 11/6/2018. (nms) |
Filing 19 STIPULATION TO EXTEND TIME for the parties to file their proposed Protective Order to November 19, 2018 - filed by Ganz. (O'Byrne, Stephanie) |
Filing 18 ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 11/19/2018 at 11:00 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 11/5/18. (cak) |
Filing 17 NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Ganz.(Buckley, Jennifer) |
Filing 16 NOTICE OF SERVICE of Defendant-Counterclaim Plaintiff SM Kids LLC's Initial Disclosures filed by SM Kids LLC.(Murphy, Kathleen) |
Filing 15 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 4/25/2019. Amended Pleadings due by 4/25/2019. Fact Discovery completed by 5/31/2019. Dispositive Motions due by 11/8/2019. Answering Brief due 12/6/2019. Reply Brief due 12/20/2019. A Pretrial Conference is set for 4/3/2020, at 9:00 AM in Courtroom 6A. A 4 day Jury Trial is set to start 4/20/2020, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 10/25/2018. (nms) |
CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 10/25/2018. Counsel present for Plaintiff: S. O'Byrne and S. McCue. Counsel present for Defendant: J. Magliery and P. Winston. The Court will enter the scheduling order as discussed. (Court Reporter Heather Triozzi.) (nms) |
Filing 14 Letter to The Honorable Richard G. Andrews, from Stephanie E. O'Byrne, Esq., enclosing proposed scheduling order. (O'Byrne, Stephanie) Modified on 10/23/2018 (nms). |
Filing 13 PROPOSED Scheduling Order, by Ganz. (O'Byrne, Stephanie) Modified on 10/23/2018 (nms). |
Pro Hac Vice Attorney John M. Magliery for SM Kids LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
Pro Hac Vice Attorney Deborah A. Wilcox and Shannon V. McCue for Ganz added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
Filing 12 ANSWER to #5 Answer to Complaint, Counterclaim by Ganz.(O'Byrne, Stephanie) |
Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Deborah A. Wilcox and Shannon V. McCue of Baker & Hostetler LLP - filed by Ganz. (O'Byrne, Stephanie) |
SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Deborah A. Wilcox and Shannon V. McCue of Baker & Hostetler LLP, filed by Ganz. Signed by Judge Richard G. Andrews on 10/5/2018. (nms) |
Filing 10 MOTION for Pro Hac Vice Appearance of Attorney John M. Magliery of Davis Wright Tremaine LLP - filed by SM Kids LLC. (Winston, Patricia) |
SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney John M. Magliery of Davis Wright Tremaine LLP, filed by SM Kids LLC. Signed by Judge Richard G. Andrews on 10/4/2018. (nms) |
Pro Hac Vice Attorney Cyrus E. Ansari for SM Kids LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Cyrus E. Ansari of Davis Wright Tremaine LLP - filed by SM Kids LLC. (Winston, Patricia) |
SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Cyrus E. Ansari of Davis Wright Tremaine LLP, filed by SM Kids LLC. Signed by Judge Richard G. Andrews on 10/3/2018. (nms) |
Filing 8 Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 10/25/2018, at 3:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 9/27/2018. (nms) |
Filing 7 NOTICE of Withdrawal of Kenneth L. Dorsney, Esq., by SM Kids LLC. (Winston, Patricia) Modified on 9/24/2018 (nms). |
Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by SM Kids LLC. (Dorsney, Kenneth) |
Filing 5 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by SM Kids LLC.(Dorsney, Kenneth) |
Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ganz. (jcs) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 2,554,518 ;Appl. No 86052534 ;Appl. No 86053370. (jcs) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) |
Filing 1 COMPLAINT filed with Jury Demand against SM Kids LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2451478.) - filed by Ganz. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(jcs) |
Summons Issued with Magistrate Consent Notice attached as to SM Kids LLC on 8/31/2018. (jcs) |
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