FragranceNet.com, Inc. v. FragranceX.com Inc. Featured Case

Plaintiff FragranceNet.com, Inc. alleges that defendant FragranceX.com Inc. took, misappropriated and copied more than 800 photographs from plaintiff's website without permission or compensation for use on a competing online retail store.

Plaintiff: Telescents, Inc. and FragranceNet.com, Inc.
Defendant: FragranceX.com Inc. and John Does 1-20
Case Number: 2:2006cv02225
Filed: May 12, 2006
Court: U.S. District Court for the Eastern District of New York
Office: Central Islip Office
County: Suffolk
Presiding Judge: Margo K Brodie
Referring Judge: A Kathleen Tomlinson
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2013 Opinion or Order Filing 273 PERMANENT INJUNCTION AND JUDGMENT ON CONSENT. ( Ordered by Judge Margo K. Brodie on 8/6/2013 ) (Guzzi, Roseann)
August 6, 2013 Filing 272 STIPULATION Permanent Injunction and Judgment on Consent by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
July 31, 2013 Filing 271 Letter on behalf of counsel for all parties informing the Court of settlement by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
May 23, 2013 Filing 270 Letter re: mediation by FragranceX.com Inc. (Clarida, Robert)
May 8, 2013 Filing 269 Letter re: Jury Demand by FragranceX.com Inc. (Clarida, Robert)
May 3, 2013 Filing 268 Letter regarding Plaintiffs' formal withdrawal of their jury demand by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
April 30, 2013 Filing 267 Letter re: jury demand by FragranceX.com Inc. (Clarida, Robert)
April 25, 2013 Minute Entry for proceedings held before Judge Margo K. Brodie: Oral argument was held on April 25, 2013 regarding #236 Defendant's motion for summary judgment and #241 Plaintiff's motion for partial summary judgment. Robert Sherman appeared on behalf of Plaintiffs. Robert Clarida, Ronald Meister and Scott Ceresia appeared on behalf of Defendant. Dennis Apfel attended on behalf of Plaintiff. The Court reserved decision. The parties are directed to inform the Court regarding whether this case, assuming it proceeds, will be a jury or bench trial. (Court Reporter Charleane Heading.) (Olson, Kristin)
January 25, 2013 Filing 266 Letter informing the court of the death of one of plaintiffs' experts, Dr. Ivan Ross by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
January 24, 2013 NOTICE of Hearing on #236 MOTION for Summary Judgment. Defendant's Notice of Motion for Summary Judgment, #241 MOTION for Summary Judgment. Plaintiffs' Notice of Motion for Partial Summary Judgment: Motion Hearing set for 4/25/2013 10:30 AM in Courtroom 6F North before Judge Margo K. Brodie. (Francis, Ogoro)
January 16, 2013 NOTICE: Clerk's office received copy of exhibit 11(a CD) to the Declaration of Robert L. Sherman, dated 12/12/12, which was filed electronically on January 11, 2013 (Docket No. 255). Forwarded to Chambers. (Guzzi, Roseann)
January 14, 2013 Filing 265 Letter re: service of courtesy copy of Defendant's fully briefed Motion for Summary Judgment to Judge Brodie by FragranceX.com Inc. (Meister, Ronald)
January 11, 2013 Filing 264 Letter re: service of courtesy copy of Plaintiffs' fully briefed motion for partial summary judgment to Judge Brodie by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
January 11, 2013 Filing 263 Letter re: service of Plaintiffs' reply in support of their motion for partial summary judgment by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
January 11, 2013 Filing 262 REPLY in Support re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment - Plaintiffs' Reply Memorandum in Support of Their Motion for Partial Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 261 AFFIDAVIT/DECLARATION in Support re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment - Reply Declaration of Robert L. Sherman filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sherman, Robert)
January 11, 2013 Filing 260 RULE 56.1 STATEMENT re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment - Plaintiffs' Reply Rule 56.1 Statement in Support of Their Motion for Partial Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 259 REPLY in Support re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 258 REPLY in Support re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 257 AFFIDAVIT/DECLARATION in Opposition re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment - Declaration of Anthony Hulser filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 256 AFFIDAVIT/DECLARATION in Opposition re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment - Declaration of Robert A. Hansen filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 255 AFFIDAVIT/DECLARATION in Opposition re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment - Declaration of Robert L. Sherman filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Sherman, Robert)
January 11, 2013 Filing 254 RULE 56.1 STATEMENT re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment - Plaintiffs' Statement of Uncontested Facts in Opposition to Defendant's Motion for Summary Judgment Pursuant to Rule 56.1 filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 253 RESPONSE to Motion re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment - Plaintiffs' Response to Defendant's Rule 56.1 Statement of Undisputed Material Facts filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 252 MEMORANDUM in Opposition re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 251 NOTICE by FragranceX.com Inc. re #247 Affidavit in Opposition to Motion,, #239 Affidavit in Support of Motion, . Notice Regarding The Filing of Exhibits in Hard Copy Form (Meister, Ronald)
January 11, 2013 Filing 250 EXHIBIT 7 to Sherman Declaration in Support of Plaintiffs' Motion for Summary Judgment by FragranceX.com Inc.. Related document: #244 Affidavit in Support of Motion, filed by Telescents, Inc., FragranceNet.com, Inc.. (Meister, Ronald)
January 11, 2013 Filing 249 Exhibit List Exhibits A through F to Clarida Declaration in Opposition to Plaintiffs' Summary Judgment Motion by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 248 AFFIDAVIT/DECLARATION in Opposition re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . Declaration of Ron Yakuel filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 247 AFFIDAVIT/DECLARATION in Opposition re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . Declaration of Robert Clarida filed by FragranceX.com Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S) (Meister, Ronald)
January 11, 2013 Filing 246 MEMORANDUM in Opposition re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 245 RESPONSE to Motion re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . Defendant's Response to Plaintiffs' Statement Pursuant to Rule 56.1 filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 244 AFFIDAVIT/DECLARATION in Support re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment Declaration of Robert L. Sherman filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8) (Sherman, Robert)
January 11, 2013 Filing 243 MEMORANDUM in Support re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 242 RULE 56.1 STATEMENT re #241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
January 11, 2013 Filing 241 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert) (Main Document 241 replaced on 1/16/2013 due to counsel's request to correct several typographical errors. ) (Guzzi, Roseann). Modified on 1/16/2013 (Guzzi, Roseann). (Main Document 241 replaced second time w/signed certificate of service on 1/17/2013) (Guzzi, Roseann). Modified on 1/17/2013 (Guzzi, Roseann).
January 11, 2013 Filing 240 AFFIDAVIT/DECLARATION in Support re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment . Declaration of Ron Yakuel filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 239 AFFIDAVIT/DECLARATION in Support re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment . Declaration of Robert Clarida filed by FragranceX.com Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Meister, Ronald)
January 11, 2013 Filing 238 MEMORANDUM in Support re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 237 RULE 56.1 STATEMENT re #236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment filed by FragranceX.com Inc.. (Meister, Ronald)
January 11, 2013 Filing 236 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment by FragranceX.com Inc.. (Meister, Ronald)
January 10, 2013 Opinion or Order Filing 235 ENDORSED ORDER granting #234 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Margo K. Brodie on 1/10/2013. (Francis, Ogoro)
January 10, 2013 Filing 234 MOTION for Leave to Electronically File Document under Seal Exhibits Submitted in Connection with Plaintiffs' Motion for Partial Summary Judgment by FragranceX.com Inc.. (Attachments: #1 Exhibit 7, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Meister, Ronald)
December 12, 2012 Filing 233 Letter regarding service of Plaintiffs' opposition to Defendant's motion for summary judgment by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
December 12, 2012 Filing 232 Letter Regarding Service of Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment by FragranceX.com Inc. (Meister, Ronald)
November 12, 2012 Filing 231 Letter re: service of Plaintiffs' Motion for Partial Summary Judgment by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
November 12, 2012 Filing 230 Letter re: Service of Defendant's Motion for Summary Judgment by FragranceX.com Inc. (Meister, Ronald)
October 18, 2012 Opinion or Order SCHEDULING ORDER: In light of Judge Brodie's Order adjourning the deadline for the submission of the proposed Joint Pre-Trial Order, the October 26, 2012 Pre-Trial Conference is ADJOURNED without date. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/18/2012. (Sofio, Lisa)
October 17, 2012 Opinion or Order Filing 229 ENDORSED ORDER granting #228 Motion for Extension of Time to File. Ordered by Judge Margo K. Brodie on 10/17/2012. (Francis, Ogoro)
October 17, 2012 Filing 228 Letter MOTION for Extension of Time to File Joint Pre-trial Order by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
October 12, 2012 Minute Entry for proceedings held before Judge Margo K. Brodie: A pre-motion conference was held on October 12, 2012. Robert L. Sherman appeared on behalf of Plaintiff, and Robert W. Clarida appeared on behalf of Defendant. The Court established the following briefing schedule: motions for summary judgment to be served by November 12, 2012; oppositions to be served by December 12, 2012; and replies to be served by January 11, 2013. On the day the motions are fully briefed, each party shall electronically file its moving papers. The moving parties shall furnish chambers with a full set of courtesy copies of the motion papers, together with a letter specifying each document in the package. Oral argument will be held on February 15, 2013 at 10:00 a.m. in Courtroom 6F North. (Court Reporter Anthony Frisolone.) (Olson, Kristin)
October 3, 2012 Opinion or Order Filing 227 ENDORSED ORDER GRANTING #226 Letter Application filed by Telescents,Inc., FragranceNet.com, Inc. Ordered by Judge Margo K. Brodie on 10/3/2012. (Francis, Ogoro)
October 3, 2012 Filing 226 Letter request for extension by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
October 2, 2012 Opinion or Order SCHEDULING ORDER: re #222 Letter filed by FragranceX.com Inc., #223 Letter filed by Telescents, Inc., FragranceNet.com, Inc., #224 Letter filed by FragranceX.com Inc. Pre Motion Conference is set for 10/12/2012 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 10/2/2012. (Francis, Ogoro)
September 27, 2012 Filing 225 Letter in Opposition to Defendant's Pre-Motion Conference by Telescents, Inc. (Sherman, Robert)
September 27, 2012 Filing 224 Letter opposing Plaintiffs' proposed motion for partial summary judgment by FragranceX.com Inc. (Clarida, Robert)
September 20, 2012 Filing 223 Letter requesting pre-motion conference by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
September 20, 2012 Filing 222 Letter requesting summary judgment conference by FragranceX.com Inc. (Clarida, Robert)
August 31, 2012 Filing 221 ANSWER to #219 Amended Complaint ANSWER TO FIFTH AMENDED COMPLAINT by FragranceX.com Inc.. (Meister, Ronald)
August 20, 2012 Opinion or Order ORDER granting #220 Motion to Adjourn Conference. The pre-trial conference is ADJOURNED to October 26, 2012 at 10:00 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/20/2012. (Sofio, Lisa)
August 16, 2012 Filing 220 Letter MOTION to Adjourn Conference originally scheduled for October 19 and to reschedule by FragranceX.com Inc.. (Meister, Ronald)
August 13, 2012 Filing 219 AMENDED COMPLAINT Fifth Amended Complaint against FragranceX.com Inc., filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sherman, Robert)
July 12, 2012 Opinion or Order Filing 218 STIPULATION AND ORDER, withdrawing specified claims, counterclaims and defenses. (Ordered by Judge Margo K. Brodie on 7/11/2012) (see document for more details) (Piper, Francine)
July 9, 2012 Opinion or Order Filing 217 ORDER re #216 Letter filed by FragranceX.com Inc. SEE ATTACHED ORDER FOR SPECIFIC DIRECTIVES. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/9/2012. (Tomlinson, A.)
July 5, 2012 Filing 216 Letter Joint Letter to Judge Tomlinson regarding scheduling issues by FragranceX.com Inc. (Meister, Ronald)
April 11, 2012 Filing 215 STIPULATION by FragranceX.com Inc. (Meister, Ronald)
March 29, 2012 Judge Margo K. Brodie added. Judge Joseph F. Bianco no longer assigned to case. (Gapinski, Michele)
March 21, 2012 Opinion or Order SCHEDULING ORDER: The Court has received the parties' letter, DE #214 . In light of the representations contained therein, the March 23, 2012 status conference is CANCELED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/21/2012. (Sofio, Lisa)
March 20, 2012 Filing 214 Letter to Magistrate Tomlinson re. discovery by FragranceX.com Inc. (Meister, Ronald)
February 1, 2012 Opinion or Order Filing 213 SIXTH AND FINAL AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of all depositions and fact discovery: March 16, 2012; Status Conference: March 23, 2012; Initial expert reports to be served by and all expert disclosures required under Rule 26 served by: April 26, 2012; Rebuttal expert reports to be served by: June 15, 2012; Expert depositions to be concluded by: July 18, 2012; Dispositive motion process started by: July 27, 2012; Joint pretrial order due by: August 8, 2012; Pretrial Conference: August 10, 2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/1/2012. (Sofio, Lisa)
February 1, 2012 Filing 212 NOTICE of Change of Address, Law Firm, Email by Robert William Clarida (Clarida, Robert)
February 1, 2012 Opinion or Order ORDER granting #211 Motion to Amend the Fifth Amended Case Management and Scheduling Order. Based solely on the circumstances outlined in the January 31, 2012 letter of plaintiff's counsel presenting this joint request, the Court is extending the fact discovery deadline to March 16, 2012. Notwithstanding the Court's sensitivity to the medical issue raised currently and the prior medical circumstances which no one could have anticipated in this litigation, the parties are aware that this is a 2006 filed case which has had five previously amended scheduling orders. The Court is therefore advising all concerned that this is the final extension which will be considered in this case, absent the most extraordinary circumstances (which do not include attorney scheduling difficulties at this juncture). A Sixth Amended Case Management and Scheduling Order will be entered separately. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/1/2012. (Tomlinson, A.)
January 31, 2012 Filing 211 Joint MOTION to Amend/Correct/Supplement #202 Scheduling Order,, Joint Letter Motion to Amend the October 13, 2011 Scheduling Order by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
December 28, 2011 Opinion or Order Filing 210 ORDER re #208 Letter filed by Telescents, Inc., FragranceNet.com, Inc. The relief Plaintiffs seek is GRANTED and Plaintiffs are not required to respond to Defendant's recently served Requests for Admission. SEE ATTACHED ORDER for further details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/28/2011. (Sofio, Lisa)
December 23, 2011 Filing 209 Letter to Magistrate Judge Tomlinson by FragranceX.com Inc. (Meister, Ronald)
December 20, 2011 Filing 208 Letter regarding Defendant's service of Requests for Admission by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
December 8, 2011 Filing 207 NOTICE of Appearance by Eric Scott Crusius on behalf of FragranceX.com Inc. (notification declined or already on case) (Crusius, Eric)
December 7, 2011 Opinion or Order STIPULATION AND ORDER re #206 Notice of Consent to Change Attorney filed by FragranceX.com Inc. The Stipulation and Order of Substitution of Attorneys submitted by the parties is hereby SO ORDERED. The Clerk's Office is directed to make the necessary changes to the docket. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/7/2011. (Sofio, Lisa)
December 2, 2011 Filing 206 NOTICE of Consent to Change Attorney by Robert William Clarida Stipulation and Order of Substitution of Attorneys (Attachments: #1 Rule 1.4 Affidavit) (Clarida, Robert)
December 2, 2011 Filing 205 NOTICE of Appearance by Ronald W. Meister on behalf of FragranceX.com Inc. (aty to be noticed) (Meister, Ronald)
December 2, 2011 Filing 204 NOTICE of Appearance by Robert William Clarida on behalf of FragranceX.com Inc. (aty to be noticed) (Clarida, Robert)
October 27, 2011 Opinion or Order ORDER granting #203 Motion to Amend/Correct/Supplement. The Fifth Amended Case Management and Scheduling Order is hereby amended to the following extent:Deadline for completion of all depositions and fact discovery: February 10, 2012The parties have previously had a status conference on more than one occasion, however in light of the time frame involved, I will set a status conference for February 17, 2012 at 11:00 a.m. to confirm that all discovery is complete. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/27/2011. (Sofio, Lisa)
October 25, 2011 Filing 203 Letter MOTION to Amend/Correct/Supplement #202 Scheduling Order,, by FragranceX.com Inc.. (Dozier, John)
October 13, 2011 Opinion or Order Filing 202 SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: All outstanding discovery responses due by: January 12, 2012; Initial Expert Reports and all expertdisclosures required under Rule 26 served by: March 15, 2012; Rebuttal expert reports to be served by: May 11, 2012; Expert depositions to be concluded by: June 6, 2012; Dispositive motion process started by(letter request for pre-motion conference): June 15, 2012; Joint pretrial order due by: June 27, 2012; Pretrial Conference:June 29, 2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/13/2011. (Sofio, Lisa)
October 13, 2011 Opinion or Order ORDER granting #201 Motion for Discovery. For the reasons set forth in the parties' October 7, 2011 letter, the request for an extension of all deadlines in this case is GRANTED. An amended case management and scheduling order will be entered separately. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/13/2011. (Sofio, Lisa)
October 7, 2011 Filing 201 Letter MOTION for Discovery Stay by FragranceX.com Inc.. (Dozier, John)
August 26, 2011 Opinion or Order ORDER granting #200 Motion for Discovery Deadline Extension. Based on the circumstances set forth in th parties' August 25, 2011 letter, the motion for an extension of the discovery deadlines set forth in DE 198 is hereby GRANTED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/26/2011. (Sofio, Lisa)
August 25, 2011 Filing 200 Letter MOTION for Discovery Deadline Extension (Second) by FragranceX.com Inc.. (Dozier, John)
August 15, 2011 Opinion or Order ORDER granting #199 Motion for Extension of Deadlines. The deadline for the parties to serve additional discovery demands is extended to August 31, 2011 and the response deadline is extended to September 21, 2011. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/15/2011. (Sofio, Lisa)
August 12, 2011 Filing 199 Letter MOTION for Discovery Deadline Extension by FragranceX.com Inc.. (Dozier, John)
August 8, 2011 Opinion or Order Filing 198 ORDER granting #194 Motion for Discovery. For the reasons set forth in the attached Order, Defendant's motion is GRANTED. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/8/2011. (Reifman, Marli)
July 26, 2011 Filing 197 Letter Removing Recipients of ECF Notifications by FragranceX.com Inc. (Dozier, John)
July 25, 2011 Filing 196 NOTICE of Change of Firm Name by Robert L. Sherman (Sherman, Robert)
April 21, 2011 Filing 195 Letter in Opposition to Letter Motion by FragranceNet.com, Inc. (Sherman, Robert)
April 18, 2011 Filing 194 Letter MOTION for Discovery by FragranceX.com Inc.. (Dozier, John)
April 15, 2011 Filing 193 ANSWER to Complaint Answer to Defendant's Counterclaims to Fourth Amended Complaint (Docket No. 190) by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
April 12, 2011 Opinion or Order Filing 192 FOURTH AND FINAL AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Amended Answer and Counterclaims to be filed by:April 8, 2011; Reply to Counterclaims to be filed by:April 15, 2011; Deadline for completion of all depositions and fact discovery:November 30, 2011; Initial Expert Reports and all expert disclosures reqd under Rule 26 served by:January 15, 2012; Rebuttal expert reports to be served by:March 12, 2012; Expert depositions to be concluded by:April 6, 2012; Dispositive motion process started by (letter request for pre-motion conference):April 16, 2012; Joint pretrial order due by:April 27, 2012; Pretrial Conference:April 30, 2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/12/2011. (Reifman, Marli)
April 12, 2011 Opinion or Order Filing 191 ORDER. When I met with counsel on April 6, 2011, they requested an additional day to submit a proposed Fourth Case Management and Scheduling Order. I have reviewed the proposal and find that a conclusion of the pre-trial phase of this case 17 months from now is far too long a period in which to complete discovery. Therefore, I am entering separately the Fourth and Final Case Management and Scheduling Order which governs the progression of this case. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/12/2011. (Reifman, Marli)
April 11, 2011 Filing 190 Second Amended ANSWER to Complaint Fourth Amended, Amended COUNTERCLAIM Second against FragranceNet.com, Inc. and Telescents, Inc. by FragranceX.com Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dozier, John) Modified on 4/11/2011 to correct party information (Brienza, Lauren).
April 7, 2011 Filing 189 Letter to Magistrate Judge Tomlinson regarding jointly proposed schedule for completion of pre-trial phase by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
April 6, 2011 Filing 188 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 4/6/2011. THE FOLLOWING RULINGS WERE MADE: (1) The amended Answer is to be served by April 8, 2011. Plaintiff will reply to the amended counterclaims by April 15, 2011. (2) I directed that defendant may submit a letter motion, limited to three pages, setting forth the reasons (and any case law support) why he should be permitted to conduct additional discovery at this juncture. That letter motion must be served within 10 days. Plaintiffs counsel will have five days to file any opposition thereafter, again limited to three pages. (3) Counsel has requested until tomorrow to submit the proposed schedule for the remaining pre-trial phase of this case. I granted that application and will issue a Fourth and Final Case Management and Scheduling Order once I have received and reviewed the proposed schedule from counsel. There are depositions remaining to be conducted in the case. SEE ATTACHED ORDER. (Reifman, Marli)
March 31, 2011 Opinion or Order SCHEDULING ORDER: re #186 Letter filed by Telescents, Inc., FragranceNet.com, Inc. At the request of the parties, the telephone status conference previously scheduled for April 4, 2011 is hereby ADJOURNED to April 6, 2011 at 1:30 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/2011. (Reifman, Marli)
March 30, 2011 Opinion or Order Filing 187 ORDER TO ANSWER: order extending time for plaintiffs to respond to defts counterclaims is extended to 4/8/11. Ordered by Judge Joseph F. Bianco on 3/30/2011. (Bollbach, Jean)
March 30, 2011 Filing 186 Letter requesting adjournment of status conference by FragranceNet.com, Inc., Telescents, Inc. (Young, Bradford)
March 29, 2011 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's calendar, the telephone status conference previously scheduled for April 5, 2011 is hereby RESCHEDULED for April 4, 2011 at 3:30 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/29/2011. (Reifman, Marli)
March 25, 2011 Opinion or Order Filing 185 STIPULATION and Order Extending Time for Plaintiffs to Respond to Defendant's Counterclaims by FragranceNet.com, Inc., Telescents, Inc. (Young, Bradford)
March 8, 2011 Opinion or Order SCHEDULING ORDER: In light of Judge Bianco's Order on the Motion to Dismiss, a Telephone Conference is set for April 5, 2011 at 2:00 p.m. to discuss the remaining discovery to be completed in this case. Plaintiff's counsel is directed to get all parties on the line and initiate the call to Chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/8/2011. (Reifman, Marli)
March 4, 2011 Opinion or Order Filing 184 ORDER granting in part and denying in part #165 Motion to Dismiss. Specifically, with respect to the counterclaims, the motion is granted, on jurisdictional grounds, with respect to deft's state law counterclaim for abuse of process (counterclaim VIII), and is denied in all other respects. With respect to the affirmative defenses, the motion is granted, on consent, with respect to deft's fair use defense (affirmative defense VI), and deft's statute of limitations defense (affirmative defense VII), and is denied in all other respects. Ordered by Judge Joseph F. Bianco on 3/4/2011. (Glueckert, Lisa)
February 25, 2011 Filing 183 Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument/Status Conference held on 2/25/2011 decision made on the record see court order. (Court Reporter ftr 10:13 - 11:21.) (Bollbach, Jean)
December 10, 2010 Opinion or Order SCHEDULING ORDER: By letter dated December 8, 2010, defendant requests to reschedule the January 14, 2011 oral argument because counsel's medical condition still prevents him from traveling on certain days. IT IS HEREBY ORDERED that oral argument is rescheduled for Friday, February 25, 2011 at 10:00 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/10/2010. (Cooney, John)
December 8, 2010 Filing 182 Letter MOTION for Hearing re Scheduling Order by FragranceX.com Inc.. (Dozier, John)
December 3, 2010 Filing 181 Letter regarding hearing dates by FragranceNet.com, Inc., Telescents, Inc. (Young, Bradford)
December 3, 2010 Filing 180 Letter MOTION for Hearing re Scheduling Order by FragranceX.com Inc.. (Dozier, John)
December 3, 2010 Opinion or Order SCHEDULING ORDER: By letter dated December 3, 2010, defendant requested to reschedule the December 8, 2010 oral argument because counsel's medical condition still prevents him from traveling. IT IS HEREBY ORDERED that oral argument is rescheduled for Friday, January 14, 2011 at 1:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/3/2010. (Cooney, John)
November 1, 2010 Filing 179 Letter MOTION for Hearing re Scheduling Order by FragranceX.com Inc.. (Dozier, John)
November 1, 2010 Opinion or Order SCHEDULING ORDER: By letter dated November 1, 2010, defendant requested to reschedule the November 8, 2010 oral argument because counsel's medical condition still prevents him from traveling. IT IS HEREBY ORDERED that oral argument is rescheduled for Wednesday, December 8, 2010 at 10:00 a.m. If counsel's medical condition still prevents him from traveling on that date, a further adjournment may be requested. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/1/2010. (Cooney, John)
October 7, 2010 Opinion or Order SCHEDULING ORDER: By letter dated October 6, 2010 defendant requested to reschedule the October 8, 2010 oral argument. IT IS HEREBY ORDERED that oral argument is rescheduled for Monday, November 8, 2010 at 2:00 p.m. If counsel's medical condition still prevents him from traveling on that date, a further adjournment may be requested. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/7/2010. (Cooney, John)
October 6, 2010 Filing 178 Letter MOTION for Hearing re Scheduling Order, by FragranceX.com Inc.. (Dozier, John)
September 3, 2010 Filing 177 AFFIDAVIT/DECLARATION in Support re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII Reply Declaration of Dennis M. Apfel filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Sherman, Robert)
September 3, 2010 Filing 176 REPLY in Support re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
August 6, 2010 Filing 175 DECLARATION re #174 Memorandum in Opposition of John W. Dozier, Jr. by FragranceX.com Inc. (Attachments: #1 Declaration Exhibit A, #2 Declaration Exhibit B, #3 Declaration Exhibit C, #4 Declaration Exhibit D, #5 Declaration Exhibit E) (Dozier, John)
August 6, 2010 Filing 174 MEMORANDUM in Opposition re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII filed by FragranceX.com Inc.. (Dozier, John)
July 27, 2010 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that defendant's request for an extension of time to file its opposition is granted. Defendant's opposition shall be due on August 6, 2010; pliantiff's reply is due on September 3, 2010. IT IS FURTHER ORDERED that oral argument will be heard on October 8, 2010 at 12 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/27/2010. (Weisgerber, Erica)
July 21, 2010 Filing 173 RESPONSE in Opposition re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII Request for Extension Letter filed by FragranceX.com Inc.. (Dozier, John)
July 1, 2010 Filing 172 Letter Extending Def. Response to Plaintiff's motions to 7/23/10 by FragranceX.com Inc. (Dozier, John)
July 1, 2010 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that defendant's request for an extension of time to file opposition is granted. IT IS FURTHER ORDERED that defendant's opposition shall be due July 23, 2010 and plaintiff's reply shall be due August 20, 2010. Oral argument remains scheduled for September 1, 2010. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/1/2010. (Weisgerber, Erica)
June 7, 2010 Opinion or Order Filing 170 ORDER granting #169 Motion to Seal Document. Ordered by Judge Joseph F. Bianco on 6/7/2010. (Bollbach, Jean)
June 7, 2010 Filing 169 Letter MOTION to Seal Document by FragranceNet.com, Inc., Telescents, Inc.. (Young, Bradford)
June 4, 2010 Filing 167 AFFIDAVIT/DECLARATION in Support re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII Declaration of Bradford E. Young filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Sherman, Robert)
June 4, 2010 Filing 166 MEMORANDUM in Support re #165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII filed by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
June 4, 2010 Filing 165 MOTION to Dismiss Defendant's Counterclaims VIII-X, for Summary Judgment Dismissing Counterclaim VIII, and to Strike Affirmative Defenses II and V-VIII by FragranceNet.com, Inc., Telescents, Inc.. (Sherman, Robert)
May 6, 2010 Filing 164 Letter regarding joint proposed briefing schedule addressing plaintiffs' motion to dismiss certain of defendant's defenses and counterclaims by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
May 6, 2010 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that the Court adopts the parties' proposed briefing schedule. Plaintiffs' motion to dismiss shall be due by June 4, 2010; defendant's opposition brief is due by July 2, 2010; and plaintiffs' reply brief is due by July 23, 2010. Oral argument will be heard on Wednesday, September 1, 2010 at 11 AM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/6/2010. (Weisgerber, Erica)
April 29, 2010 Filing 163 AMENDED ANSWER to #153 Amended Complaint,, COUNTERCLAIM (Amended) against FragranceNet.com, Inc., Telescents, Inc. by FragranceX.com Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dozier, John)
April 15, 2010 Filing 162 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 4/15/2010; conf held; amended answer and counterclaims to be filed by deft by 4/29; plaintiff to submit letter by 5/10 regarding motion and proposed schedule. (Court Reporter ftr 1:40 - 1:44.) (Bollbach, Jean)
April 7, 2010 Opinion or Order ELECTRONIC ORDER. The Court has received the parties' #161 joint letter dated April 1, 2010. Based upon the representations set forth in the letter, the deadline for submitting a letter regarding the discovery in this case is ADJOURNED pending the outcome of the anticipated motion to dismiss. The parties are directed to contact my Chambers within five (5) days of receipt of Judge Bianco's decision on the anticipated motion to dismiss. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/7/2010. (Tobin, Ellen)
April 1, 2010 Filing 161 Letter requesting extension of deadline to file letter regarding outstanding discovery issues by FragranceNet.com, Inc., Telescents, Inc. (Young, Bradford)
March 29, 2010 Filing 160 Letter Motion in Response to Plaintiffs' Letter Motion of 3/23/10 by FragranceX.com Inc. (Dozier, John)
March 24, 2010 Opinion or Order ELECTRONIC ORDER. By April 2, 2010, the parties are directed to notify Judge Tomlinson what discovery remains to be taken in this action and the expected time frame for completion of such discovery. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/24/2010. (Tobin, Ellen)
March 23, 2010 Filing 159 Letter to Judge Bianco requesting pre-motion conference by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
March 23, 2010 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that plaintiffs' request for a pre-motion conference is granted. The parties shall participate in a telephone pre-motion conference on April 15, 2010 at 1:30 p.m. At that time, counsel for plaintiffs shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, defendant may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/23/2010. (Weisgerber, Erica)
March 15, 2010 Opinion or Order Filing 158 ORDER denying #128 Motion for Protective Order. For the reasons contained herein, FragranceXs request to restrict the terms of the Confidentiality Agreement to prevent FragranceNets in-house counsel, Dennis M. Apfel, from viewing documents marked Attorneys Eyes Only is denied, subject to the parameters proposed by FragranceNet-specifically, that FragranceX shall be permitted to redact the names of its suppliers, shippers, customers, and advertisers and that the parties will work to adopt acceptable parameters for other types of information that FragranceX has identified. The parties shall continue with discovery under the supervision of Magistrate Judge Tomlinson. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/15/2010. (Weisgerber, Erica)
March 12, 2010 Opinion or Order ORDER re #157 Stipulation filed by Plaintiffs. The parties' Stipulation [DE 157] dated March 9, 2010 is hereby "So Ordered." Plaintiffs shall answer or otherwise respond to Defendant's counterclaims no later than March 29, 2010. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/12/2010. (Tobin, Ellen)
March 10, 2010 Opinion or Order Filing 157 STIPULATION and Order Extending Time for Plaintiffs to Respond to Defendant's Counterclaims by FragranceNet.com, Inc., Telescents, Inc. (Sherman, Robert)
March 4, 2010 Opinion or Order ORDER terminating #120 Motion to Disqualify Counsel. Pursuant to counsel's prior withdrawal of the motion to disqualify counsel (and subsequent filing of a motion for protective order), this motion is terminated. The Motion for a Protective Order #128 remains pending before this Court. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/4/2010. (Weisgerber, Erica)
February 22, 2010 Filing 156 FragranceX's ANSWER to #153 Amended Complaint,, COUNTERCLAIM against FragranceNet.com, Inc., Telescents, Inc. by FragranceX.com Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dozier, John)
February 19, 2010 Filing 155 NOTICE of Appearance by Anthony M. Camisa on behalf of FragranceX.com Inc. (aty to be noticed) (Camisa, Anthony)
February 17, 2010 Filing 154 NOTICE of Appearance by John W. Dozier on behalf of FragranceX.com Inc. (aty to be noticed) (Dozier, John)
February 1, 2010 Filing 153 AMENDED COMPLAINT Fourth Amended Complaint against FragranceX.com Inc., filed by FragranceNet.com, Inc., Telescents, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1 of 2, #3 Exhibit B Part 2 of 2, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service) (Sherman, Robert)
January 29, 2010 Opinion or Order ORDER re #152 Letter filed by FragranceNet.com, Inc. Based upon the representations contained in the parties' joint letter [DE 152], the deadline for submission of a joint status letter and the February 5, 2010 Telephone Conference are hereby ADJOURNED. Once the pending motions are decided the Court will assign new dates for submission of the status letter and the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/29/2010. (Tobin, Ellen)
January 27, 2010 Filing 152 Letter requesting extension of time to submit joint letter regarding outstanding discovery by FragranceNet.com, Inc. (Sherman, Robert)
January 22, 2010 Opinion or Order SCHEDULING ORDER: Due to the addition of Telescents as a plaintiff in the case, IT IS HEREBY ORDERED that plaintiff shall have ten (10) days to file an amended complaint in this action. IT IS FURTHER ORDERED THAT upon filing of the complaint, defendant shall file an answer within twenty (20) days. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/22/2010. (Weisgerber, Erica)
January 21, 2010 Email Notification Test - DO NOT REPLY (Mahon, Cinthia)
January 15, 2010 Opinion or Order SCHEDULING ORDER: Pursuant to #151 Judge Bianco's Order, a Telephone Conference is set for February 5, 2010 at 3:00 p.m. to discuss the completion of the pretrial phase of this case. Plaintiff's counsel is directed to initiate the call to Chambers, with all counsel on the line, at (631) 712-5760. By February 2, 2010, the parties are directed to file a joint letter stating what discovery remains to be completed in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/15/2010. (Tobin, Ellen)
January 15, 2010 Opinion or Order ORDER terminating #144 Motion to Continue. Ordered by Judge Joseph F. Bianco on 1/15/2010. (Weisgerber, Erica)
January 14, 2010 Opinion or Order Filing 151 ORDER denying #135 Motion to Dismiss. For the reasons contained herein, defendants motion to dismiss is denied. Defendant is directed to file an answer within twenty days of this Memorandum and Order, and the parties are directed to continue with discovery in accordance with the direction of Magistrate Judge Tomlinson. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/14/2010.(Weisgerber, Erica)
January 11, 2010 Filing 150 Letter in response to defendant's letter dated 12/23/09 by FragranceNet.com, Inc. (Sherman, Robert)
December 23, 2009 Filing 149 REPLY in Support re #135 MOTION to Dismiss Plaintiff's Third Amended Complaint by Supplemental Letter Brief authorized by the Court filed by FragranceX.com Inc.. (Crusius, Eric)
December 11, 2009 Filing 148 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference held on 12/11/2009; case called; conf. held; argument heard and decision made on the record; submit a letter to the court by 12/23/09 and the response by 1/11/10 (Court Reporter FTR 3:30 - 4:18.) (Bollbach, Jean)
November 9, 2009 Filing 147 REPLY in Support re #135 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by FragranceX.com Inc.. (Attachments: #1 Certificate of Service) (Crusius, Eric)
October 30, 2009 Opinion or Order ORDER granting #146 Motion to Continue as per order dtd. 10/30/09. Ordered by Judge Joseph F. Bianco on 10/30/09. (Bollbach, Jean)
October 30, 2009 Opinion or Order ORDER: The Court has received Defendant's letter Motion to Continue and Extend Defendant's Time to Submit Reply in Further Support of Rule 12 Motion. IT IS HEREBY ORDERED that defendant's reply is due on 11/9/09. Ordered by Judge Joseph F. Bianco on 10/30/2009. (Weisgerber, Erica)
October 29, 2009 Filing 146 MOTION to Continue and Extend Defendant's time to submit Reply in Further Support of Rule 12 Motion from 11/2/09 to 11/9/09 on consent by FragranceX.com Inc.. (Crusius, Eric)
October 29, 2009 Filing 145 NOTICE by FragranceX.com Inc. of Withdrawal of Cameron W. Gilbert, Esq. and Rule 1.4 Affidavit (Attachments: #1 Proposed Order) (Crusius, Eric)
October 29, 2009 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that oral argument on Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint will be held on Friday, December 11, 2009 at 3 P.M. Ordered by Judge Joseph F. Bianco on 10/29/2009. (Weisgerber, Erica)
October 26, 2009 Filing 144 MOTION to Continue hearing for Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint from November 12, 2009 (4:00 p.m.) to December 11, 2009 at 2:00 p.m. on consent of the parties by FragranceX.com Inc.. (Crusius, Eric)
October 23, 2009 Filing 143 NOTICE of Appearance by Eric Scott Crusius on behalf of FragranceX.com Inc. (aty to be noticed) (Crusius, Eric)
October 21, 2009 Filing 142 AFFIDAVIT/DECLARATION in Opposition re #135 MOTION to Dismiss Plaintiff's Third Amended Complaint Declaration of Bradford Young in Support of Plaintiff's Opposition to Defendant's Motion Under Rule 12 filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Sherman, Robert)
October 21, 2009 Filing 141 AFFIDAVIT/DECLARATION in Opposition re #135 MOTION to Dismiss Plaintiff's Third Amended Complaint Declaration of Anthony Hulser In Opposition to Defendant's Motion for Judgment on the Pleadings filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sherman, Robert)
October 21, 2009 Filing 140 MEMORANDUM in Opposition re #135 MOTION to Dismiss Plaintiff's Third Amended Complaint Plaintiff's Memorandum of Law in Opposition to Defendant's Motion Under Rule 12 filed by FragranceNet.com, Inc.. (Sherman, Robert)
October 7, 2009 Opinion or Order Filing 139 ORDER re #138 Notice (Other), Attorney Christopher J. Wesser terminated.. Ordered by Judge Joseph F. Bianco on 10/7/2009. (Bollbach, Jean)
October 7, 2009 Filing 138 NOTICE of withdrawal as counsel for deft FrangranceX.com Inc. FURTHER NOTICE that John W Dozier Jr and Cameron W. Gilbert of Dozier Internet Law PC whose appearances have already been entered will remain as counsel for deft. (Bollbach, Jean)
October 7, 2009 Filing 137 NOTICE by FragranceX.com Inc. of withdrawal by Christopher J. Wesser, Esq. (Attachments: #1 Rule 1.4 Affidavit, #2 Proposed Order) (Gilbert, Cameron)
September 29, 2009 Opinion or Order ORDER re #136 Notice of Withdrawal filed by FragranceX.com Inc. The Notice of Withdrawal filed by Attorney Morris, counsel for Defendant, is hereby "SO ORDERED." Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/29/2009. (Tobin, Ellen)
September 28, 2009 Filing 136 NOTICE by FragranceX.com Inc. of Withdrawal by Donald E. Morris, Esq. (Attachments: #1 Rule 1.4 Affidavit, #2 Proposed Order) (Morris, Donald)
September 21, 2009 Filing 135 MOTION to Dismiss Plaintiff's Third Amended Complaint by FragranceX.com Inc.. Responses due by 10/21/2009 (Attachments: #1 Declaration in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Memorandum of Points and Authorities, #11 Certificate of Service) (Gilbert, Cameron)
August 24, 2009 Opinion or Order ELECTRONIC ORDER. In light of Judge Bianco's August 20, 2009 Order #133 staying discovery, the Court will not issue an amended Case Management and Scheduling Order at this time. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/24/2009. (Tobin, Ellen)
August 20, 2009 Filing 133 Minute Entry for proceedings held before Judge Joseph F. Bianco:Pre Motion Conference held on 8/20/2009; case called; conf. held; motion to be filed by 9/21/09; response by 10/21/09; reply by 11/2/09; oral argument set for 11/12/09 at 4:00 pm; discovery is stayed (Court Reporter FTR 4:08 - 4:19.) (Bollbach, Jean)
August 20, 2009 Filing 132 NOTICE of Appearance by Christopher J. Wesser on behalf of FragranceX.com Inc. (notification declined or already on case) (Wesser, Christopher)
August 13, 2009 Filing 131 REPLY in Support re #128 Notice of MOTION for Protective Order and Motion for Protective Order filed by FragranceX.com Inc.. (Attachments: #1 Certificate of Service) (Gilbert, Cameron)
August 13, 2009 Filing 130 AFFIDAVIT/DECLARATION in Opposition re #128 Notice of MOTION for Protective Order and Motion for Protective Order filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sherman, Robert)
August 13, 2009 Filing 129 MEMORANDUM in Opposition re #128 Notice of MOTION for Protective Order and Motion for Protective Order filed by FragranceNet.com, Inc.. (Sherman, Robert)
August 13, 2009 Filing 128 Notice of MOTION for Protective Order and Motion for Protective Order by FragranceX.com Inc.. (Attachments: #1 Declaration of Donald E. Morris, Esq. in support of Motion for Protective Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Memorandum of Points and Authorities in Support of Motion for Protective Order, #10 Certificate of Service) (Gilbert, Cameron)
August 13, 2009 Filing 127 Letter to Judge Bianco in response to defendant's letter dated August 11, 2009 by FragranceNet.com, Inc. (Sherman, Robert)
August 11, 2009 Filing 126 Letter MOTION for pre motion conference regarding Defendant's anticipated motion to dismiss Plaintiff's Third Amended Complaint by FragranceX.com Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Morris, Donald)
August 11, 2009 Opinion or Order ORDER granting #126 Motion for Pre Motion Conference: By letter dated August 11, 2009, counsel for the defendant submitted a letter requesting permission to file a motion to dismiss the third amended complaint. IT IS HEREBY ORDERED that counsel for the parties participate in a telephone pre-motion conference on August 20, 2009 at 4:00 p.m. At the time of the conference, counsel for the defendant shall initiate the call and, with all parties on the line, contact Chambers at (631) 712-5670. Prior to the conference, plaintiff may submit a letter to the Court, pursuant to the Court's Individual Rule III.A, explaining why defendant's motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/11/2009. (Joo, Anna)
August 4, 2009 Filing 125 Proposed Scheduling Order by FragranceX.com Inc. (Attachments: #1 Cover letter regarding Proposed Fourth Amended Case Management and Scheduling Order) (Gilbert, Cameron)
July 31, 2009 Filing 124 AMENDED COMPLAINT Third against FragranceX.com Inc., filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Sherman, Robert)
July 31, 2009 Filing 123 Letter setting forth amended briefing schedule for Defendant's Motion for a Protective Order by FragranceNet.com, Inc. (Young, Bradford)
July 31, 2009 Opinion or Order ENDORSED ORDER re #123 Letter filed by FragranceNet.com, Inc. Based on the representations contained in Plaintiff's July 31, 2009 letter, the amended briefing schedule set forth in Plaintiff's July 31 letter is "so ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/31/2009. (Monaco, Laura)
July 30, 2009 Filing 122 Letter setting forth briefing schedule agreed to by parties for Defendant's motion for a protective order by FragranceX.com Inc. (Gilbert, Cameron)
July 24, 2009 Opinion or Order ORDER. In light of Judge Bianco's Order dated July 22, 2009, the parties are directed to submit a proposed schedule for what they contend is necessary discovery for Plaintiff's additional trademark claim. The parties are directed to confer and file the joint proposal for scheduling and additional discovery no later than July 31, 2009. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/24/2009. (Tobin, Ellen)
July 22, 2009 Opinion or Order ORDER denying #96 Motion to Set Aside ; granting #108 Motion for Leave to File: For the reasons set forth in detail on the record during oral argument held on July 21, 2009, IT IS HEREBY ORDERED that defendant's motion to set aside Magistrate Tomlinson's Orders dated March 28, 2009 and April 22, 2009 is DENIED. IT IS FURTHER ORDERED that plaintiff's renewed motion for leave to file a third amended complaint in this case is GRANTED. The third amended complaint shall be filed and served by July 31, 2009. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/22/2009. (Joo, Anna)
July 21, 2009 Filing 121 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status/oral argument Conference held on 7/21/2009; case called; conf. held; argument heard and decision made on the record. (Court Reporter FTR 4:25 - 5:50.) (Bollbach, Jean)
July 15, 2009 Filing 120 MOTION to Disqualify Counsel by FragranceX.com Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Memorandum in Support, #8 Certificate of Service) (Gilbert, Cameron)
July 2, 2009 Opinion or Order ORDER: IT IS HEREBY ORDERED that the oral argument scheduled to take place on July 8, 2009 shall now take place on Tuesday, July 21, 2009 at 4:00 p.m. before the Court in Courtroom 920, 100 Federal Plaza, Central Islip, New York. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/2/2009. (McFadden, JoAnna)
July 1, 2009 Filing 119 Letter to Judge Bianco regarding defendant's motion to adjourn by FragranceNet.com, Inc. (Young, Bradford)
July 1, 2009 Filing 118 First MOTION to Adjourn Conference Set For July 8, 2009 by FragranceX.com Inc.. (Wesser, Christopher)
June 24, 2009 Filing 117 AFFIDAVIT/DECLARATION in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Reply Declaration of Dennis M. Apfel in Support of Plaintiff's Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Young, Bradford)
June 24, 2009 Opinion or Order ORDER re #116 Letter, filed by FragranceNet.com, Inc.: IT IS HEREBY ORDERED that counsel for plaintiff's request for leave to file the inadvertently omitted exhibits to the reply declaration of Dennis Apfel is GRANTED. Plaintiff's counsel may re-file document #115 Affidavit in Support of Motion, filed by FragranceNet.com, Inc., with the appropriate exhibits. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/24/2009. (Joo, Anna)
June 24, 2009 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel for the parties appear for oral argument on (1) defendant's motion to set aside Magistrate Judge Tomlinson's orders and (2) plaintiff's renewed motion for leave to amend the complaint on Wednesday, July 8, 2009 at 3:30 p.m. in Courtroom 920, 100 Federal Plaza, Central Islip, New York 11722. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/24/2009. (Joo, Anna)
June 23, 2009 Filing 116 Letter motion requesting leave to file exhibits to Apfel reply declaration in support of plaintiff's renewed motion for leave to file a third amended complaint by FragranceNet.com, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Young, Bradford)
June 19, 2009 Filing 115 AFFIDAVIT/DECLARATION in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Reply Declaration of Dennis M. Apfel in Support of Plaintiff's Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Sherman, Robert)
June 19, 2009 Filing 114 REPLY in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Plaintiff's Reply Memorandum in Support of its Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Sherman, Robert)
June 19, 2009 Filing 113 MEMORANDUM in Opposition Dec of Donald E. Morris In Opp to Plfs Mot to Amend filed by FragranceX.com Inc.. (Wesser, Christopher)
June 19, 2009 Filing 112 MEMORANDUM in Opposition to Plaintiff's Renewed Motion to Amend filed by FragranceX.com Inc.. (Wesser, Christopher)
June 19, 2009 Filing 111 AFFIDAVIT/DECLARATION in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Declaration of Dennis M. Apfel in Support of Plaintiff's Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Sherman, Robert)
June 19, 2009 Filing 110 AFFIDAVIT/DECLARATION in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Declaration of Bradford E. Young in Support of Plaintiff's Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A - Part 1 of 6, #2 Exhibit A - Part 2 of 6, #3 Exhibit A - Part 3 of 6, #4 Exhibit A - Part 4 of 6, #5 Exhibit A - Part 5 of 6, #6 Exhibit A - Part 6 of 6, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G) (Sherman, Robert)
June 19, 2009 Filing 109 MEMORANDUM in Support re #108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint Plaintiff's Memorandum of Law in Support of its Renewed Motion for Leave to File its Third Amended Complaint filed by FragranceNet.com, Inc.. (Sherman, Robert)
June 19, 2009 Filing 108 MOTION for Leave to File Notice of Renewed Motion for Leave to File Third Amended Complaint by FragranceNet.com, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Sherman, Robert)
June 11, 2009 Filing 107 REPLY in Opposition to Plaintiff's June 10, 2009, Letter Obection filed by FragranceX.com Inc.. (Wesser, Christopher)
June 11, 2009 Filing 106 NOTICE of Appearance by Bradford Edwin Young on behalf of FragranceNet.com, Inc. (aty to be noticed) (Young, Bradford)
June 10, 2009 Filing 105 Letter of Robert L. Sherman, Esq. regarding Defendant's untimely filed reply brief by FragranceNet.com, Inc. (Sherman, Robert)
June 10, 2009 Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on MAY 22, 2009, before Judge HON. A. KATHLEEN TOMLINSON.Civil cause for conference held before Mag. (AKT). Court Reporter/Transcriber ROSALIE LOMBARDI or LINDA FERRARA, Telephone number ROSALIE LOMBARDI or LINDA FERRARA @ TRANS. PLUS II @ 823 whittier ave. new hyde park, new york. 11040; phone# 516 358-7352 OR (718) 987-4285. Tape Number: FTR/DRIVE/TIME: 2:16-3:32. 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 7/1/2009. Redacted Transcript Deadline set for 7/13/2009. Release of Transcript Restriction set for 9/8/2009.Keith Angelo Jones. (Jones, Keith)
June 10, 2009 Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on APRIL 23, 2009, before Judge HON. A. KATHLEEN TOMLINSON. Civl Cause for Conference held before MAG. (AKT). Court Reporter/Transcriber ROSALIE LOMBARDI & LINDA FERRARA, Telephone number ROSALIE LOMBARDI or LINDA FERRARA @ TRANS. PLUS II 823 WHITTIER AVE. NEW HYDE PARK, NEW YORK. 11040; PHONE# 516 358-7352 or (718) 987-4285. Tape Number: FTR/DRIVE/TIME: 10:04-10:07. 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 7/1/2009. Redacted Transcript Deadline set for 7/13/2009. Release of Transcript Restriction set for 9/8/2009.Keith Angelo Jones. (Jones, Keith)
June 5, 2009 Filing 102 REPLY in Opposition to Plaintiff's Request for Attorney Fees filed by FragranceX.com Inc.. (Wesser, Christopher)
May 22, 2009 Opinion or Order Filing 101 THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of all depositions and fact Discovery IS August 29, 2009; Initial Expert Reports and all expert disclosures reqd under Rule 26 served by October 1, 2009; Rebuttal expert reports to be served by November 12, 2009; Expert depositions to be concluded by December 4, 2009; Dispositive motion process started by December 17, 2009; Joint pretrial order due by January 14, 2010; Pretrial Conference will be held on January 21, 2010 at 10:30 a.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/22/2009. (Tomlinson, A.)
May 22, 2009 Opinion or Order Filing 100 ORDER granting in part and denying in part #85 Defendant's Motion for Extension of Time to Complete Discovery. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/22/2009. (Tomlinson, A.)
May 22, 2009 Opinion or Order Filing 99 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 5/22/2009. The continued mediation session scheduled for May 26, 2009 is hereby canceled based on the Court's discussion with the parties today. SEE ATTACHED ORDER FOR RULINGS AND ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 5/22/09. (Tomlinson, A.)
May 19, 2009 Filing 98 AFFIDAVIT/DECLARATION in Opposition re #93 MOTION to Set Aside Magistrate's Orders Declaration of Bradford E. Young in Support of Plaintiff's Opposition to Defendant's Motion to Set Aside Magistrate Judge Tomlinson's Orders filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Sherman, Robert)
May 19, 2009 Filing 97 MEMORANDUM in Opposition re #93 MOTION to Set Aside Magistrate's Orders Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Set Aside Magistrate Judge Tomlinson's Orders filed by FragranceNet.com, Inc.. (Sherman, Robert)
May 7, 2009 Filing 96 MOTION to Set Aside #93 MOTION to Set Aside Magistrate's Orders (Corrected Version) by FragranceX.com Inc.. (Wesser, Christopher)
May 7, 2009 Filing 95 Consent MOTION for Leave to File Corrected Motion to Set Aside Magistrate's Orders by FragranceX.com Inc.. (Attachments: #1 Exhibit Ex. A) (Wesser, Christopher)
May 6, 2009 Filing 94 MOTION to Set Aside (Memorandum in Support) by FragranceX.com Inc.. (Attachments: #1 Exhibit Ex. A to Memorandum in Support, #2 Exhibit Ex. B to Memorandum in Support, #3 Exhibit Ex. C to Memorandum in Support, #4 Exhibit Ex. D to Memorandum in Support, #5 Exhibit Ex. E to Memorandum in Support) (Wesser, Christopher)
May 6, 2009 Filing 93 MOTION to Set Aside Magistrate's Orders by FragranceX.com Inc.. (Wesser, Christopher)
May 6, 2009 Filing 92 Notice of MOTION to Set Aside Magistrate's Orders by FragranceX.com Inc.. (Wesser, Christopher)
May 1, 2009 Opinion or Order SCHEDULING ORDER: Following a telephone conference with counsel for both parties, the mediation session is rescheduled to continue on May 26, 2009 at 10:30 a.m. All other directives contained in the April 23, 2009 Civil Conference Minute Order [DE 91] remain in effect. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/1/2009. (Tobin, Ellen)
April 30, 2009 Opinion or Order SCHEDULING ORDER: The Court is setting a Telephone Conference for May 1, 2009 at 2:00 p.m. Counsel for both parties are directed to be on the call. Defendant's counsel is directed to initiate the call to Chambers at (631) 712-5760. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/30/2009. (Tobin, Ellen)
April 29, 2009 Opinion or Order Filing 91 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Mediation conducted on 4/23/2009. SCHEDULING: The mediation session will continue on May 27, 2009 at 10 a.m. I met with the parties today for a lengthy mediation session and significant progress has been made. Both sides have agreed to complete certain tasks over the next 30 days. SEE ATTACHED ORDER FOR ADDITIONAL DIRECTIVES AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 4/23/09. (Tomlinson, A.) (Montero, Edher).
April 24, 2009 Opinion or Order ORDER granting #87 Motion by Noah Shube, Esq. to Withdraw as Counsel to Defendant FrangranceX.com, Inc. Attorney Noah Shube is hereby terminated as Counsel to Defendant. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/24/2009. (Tobin, Ellen)
April 23, 2009 Opinion or Order Filing 90 ORDER granting #84 Motion for Leave to Appear Pro Hac Vice. Attorney Christopher J. Wesser is permitted to argue or try this case in whole or in part as counsel or advocate. By May 7, 2009, Mr. Wesser shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Wesser shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Wesser shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/23/2009. (Tobin, Ellen)
April 23, 2009 Opinion or Order Filing 89 ORDER granting #83 Motion for Leave to Appear Pro Hac Vice. Attorney John W. Dozier is permitted to argue or try this case in whole or in part as counsel or advocate. By May 7, 2009, Mr. Dozier shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Dozier shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Dozier shall also ensure that the $25 admission fee be submitted to the Clerk's Office. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/23/2009. (Tobin, Ellen)
April 23, 2009 Filing 88 AFFIDAVIT/AFFIRMATION In Support of Motion to Withdraw by FragranceX.com Inc. (Shube, Noah)
April 23, 2009 Filing 87 First MOTION to Withdraw as Attorney Noah Shube by FragranceX.com Inc.. (Shube, Noah)
April 22, 2009 Opinion or Order Filing 86 ORDER denying #81 Motion for Reconsideration filed by Defendant FragranceX.com Inc. Defendant's Motion [DE 81] seeking to have the Court reconsider and withdraw its March 25, 2009 Order [DE 77] is hereby DENIED. The Stipulation entered on the record by counsel on March 25, 2009 is binding and remains in effect. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/18/2009. (Tobin, Ellen)
April 22, 2009 Filing 85 MOTION for Extension of Time to Complete Discovery by FragranceX.com Inc.. (Morris, Donald)
April 22, 2009 Opinion or Order ORDER deferring ruling on #85 Motion for Extension of Time to Complete Discovery. In light of the Mediation session scheduled for April 23, 2009, I am deferring ruling on Plaintiff's Motion for an adjournment of all remaining discovery deadlines. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/22/2009. (Tobin, Ellen)
April 21, 2009 Filing 84 MOTION for Leave to Appear Pro Hac Vice for Christopher J. Wesser Filing fee $ 25, receipt number 02070000000003488727. by FragranceX.com Inc.. (Morris, Donald)
April 21, 2009 Filing 83 MOTION for Leave to Appear Pro Hac Vice for John W. Dozier, Jr. Filing fee $ 25, receipt number 02070000000003488688. by FragranceX.com Inc.. (Morris, Donald)
April 15, 2009 Opinion or Order ORDER. All dates set forth in the Amended Case Management and Scheduling Order dated January 9, 2009 are held in abeyance pending the mediation scheduled for April 23, 2009. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/15/2009. (Jacobwitz, Beth)
April 14, 2009 Email Notification Test - DO NOT REPLY (Coleman, Laurie)
April 14, 2009 Email Notification Test - DO NOT REPLY (Piper, Francine)
April 13, 2009 Filing 82 RESPONSE in Opposition re #81 MOTION for Reconsideration re #77 Status Conference,, and request for entry of an order that only one set of lawyers be authorized to act on behalf of defendants at a time filed by FragranceNet.com, Inc.. (Sherman, Robert)
April 10, 2009 Filing 81 MOTION for Reconsideration re #77 Status Conference,, by FragranceX.com Inc.. (Attachments: #1 Transcript of 3/25/09 Hearing) (Morris, Donald)
April 9, 2009 Filing 80 NOTICE of Appearance by Cameron Gilbert on behalf of FragranceX.com Inc. (aty to be noticed) (Gilbert, Cameron)
April 8, 2009 Filing 79 NOTICE of Appearance by Donald E. Morris on behalf of FragranceX.com Inc. (aty to be noticed) (Morris, Donald)
April 1, 2009 Opinion or Order SCHEDULING ORDER: At the parties' request, a Mediation Conference is scheduled for April 23, 2009 at 10:00 AM before Magistrate Judge A. Kathleen Tomlinson. No less than two (2) business days before the Mediation Conference, each party must submit by mail or fax (NOT by ECF) an ex parte statement of its position. The letter shall be no longer than five (5) pages. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/1/2009. (Tobin, Ellen)
March 30, 2009 Filing 78 NOTICE of Appearance by Noah Shube on behalf of FragranceX.com Inc. (aty to be noticed) (Shube, Noah)
March 28, 2009 Opinion or Order Filing 77 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 3/25/2009. SCHEDULING: Counsel for both parties are to contact my Chambers by telephone on March 31, 2009 to advise of their respective client's position regarding mediation of this matter. THE FOLLOWING RULINGS WERE MADE: The extensive discussion and rulings from today's conference are set forth in the ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/25/09. (Tomlinson, A.)
March 18, 2009 Opinion or Order SCHEDULING ORDER: The Status Conference originally scheduled for March 24, 2009 is rescheduled for March 25, 2009 at 11:00 a.m. The parties are to appear in person before Judge Tomlinson in Courtroom 910. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/18/2009. (Tobin, Ellen)
February 13, 2009 Filing 75 AFFIDAVIT/AFFIRMATION re #74 Order on Motion to Compel,,, Motion Hearing,, of Ron Yakuel by FragranceX.com Inc. (Weintraub, Evan)
February 10, 2009 Opinion or Order Filing 74 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Motion Hearing held on 2/5/2009 re #70 Plaintiff's Letter MOTION to Compel defendant to produce documents and things and responses to interrogatories. Motion is GRANTED in part and DENIED, in part, with leave to renew. SCHEDULING:A status conference will be conducted by telephone on March 24, 2009 at 2:30 p.m. Plaintiff's counsel is requested to initiate the call to Chambers. I am holding an Amended Case Management and Scheduling Order in abeyance until the March 24 conference. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 2/5/09. (Tomlinson, A.)
January 29, 2009 Opinion or Order ORDER. A telephone conference is scheduled for February 5, 2009 at 11:30 a.m. to discuss the issues raised by #70 Letter MOTION to Compel defendant to produce documents and things and responses to interrogatories filed by FragranceNet.com, Inc., #71 Response to Motion filed by FragranceX.com, Inc. and #72 Letter filed by FragranceNet.com, Inc. Counsel for Plaintiff shall initiate the call. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/29/2009. (Tobin, Ellen)
January 27, 2009 Filing 72 Letter requesting permission to file reply to defendant's letter in opposition to plaintiff's letter motion to compel production of documents and things and responses to interrogatories by FragranceNet.com, Inc. (Sherman, Robert)
January 22, 2009 Filing 71 RESPONSE to Motion re #70 Letter MOTION to Compel Letter compelling defendant to produce documents and things and responses to interrogatories filed by FragranceX.com Inc.. (Attachments: #1 Exhibit D) (Weintraub, Evan)
January 20, 2009 Filing 70 Letter MOTION to Compel Letter compelling defendant to produce documents and things and responses to interrogatories by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A) (Sherman, Robert)
January 20, 2009 Filing 69 NOTICE of Appearance by Jeffrey T. Strauss on behalf of FragranceX.com Inc. (aty to be noticed) (Strauss, Jeffrey)
January 20, 2009 Filing 68 NOTICE of Appearance by Evan Scott Weintraub on behalf of FragranceX.com Inc. (aty to be noticed) (Weintraub, Evan)
January 9, 2009 Opinion or Order Filing 67 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCESDeadline for joinder of additional parties is February 5, 2009; All fact discovery concluded by May 2, 2006; Expert reports and all expert disclosures required under Rule 26 to be served by July 30, 2009; Rebuttal expert reports to be served by September 11, 2009; Expert depositions to be concluded byOctober 2, 2009; Dispositive motion process started by October 16, 2009; Joint pretrial order due by November 13, 2009; Pretrial Conference is scheduled for November 19, 2009 at 2:30 p.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/6/2008. (Tomlinson, A.)
January 9, 2009 Opinion or Order Filing 66 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 11/6/2008. The extensive rulings rendered at today's conference are set forth in the attached Order. Ordered by Judge A. Kathleen Tomlinson on 11/6/08. Note: The rulings referenced here were entered in the record on 11/6/08; this Order was inadvertently not posted to ECF at that time. (Tomlinson, A.)
January 6, 2009 Opinion or Order ORDER re #65 Letter filed by FragranceNet.com, Inc. The deadline for the parties to raise any objections with respect to extant interrogatory responses or document production is extended to January 20, 2009. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/06/09. (Jacobwitz, Beth)
January 5, 2009 Filing 65 Letter re joint request for 15-day extension of deadline by which motions re extant interrogatory responses and document production must be filed by FragranceNet.com, Inc. (Sherman, Robert)
December 5, 2008 Opinion or Order ORDER re #64 Letter filed by FragranceNet.com, Inc. The deadline for the parties to raise any objections with respect to extant interrogatory responses or document production is extended to January 5, 2009. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/05/08. (Jacobwitz, Beth)
December 4, 2008 Filing 64 Letter jointly requesting that the Court extend the deadline to file motions regarding discovery to January 5, 2009 by FragranceNet.com, Inc. (Sherman, Robert)
October 30, 2008 Opinion or Order ORDER re #60 Letter filed by FragranceX.com Inc., #61 Notice of Appearance filed by FragranceX.com Inc., #63 Stipulation filed by FragranceX.com Inc., #62 Declaration filed by FragranceX.com Inc. Based upon the foregoing, the Consent to Substitute Counsel is hereby "So Ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/08. (Jacobwitz, Beth)
October 30, 2008 Opinion or Order ORDER re #37 Stipulation filed by FragranceNet.com, Inc. The Stipulation and Order Governing the Production of Documents and Information is hereby "So Ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/08. (Jacobwitz, Beth)
October 17, 2008 Filing 63 STIPULATION re #60 Letter Consent to Substitution of Counsel by FragranceX.com Inc. (Rolnick, Jennifer)
October 17, 2008 Filing 62 DECLARATION re #60 Letter in Support of Substitution of Counsel by FragranceX.com Inc. (Rolnick, Jennifer)
October 17, 2008 Filing 61 NOTICE of Appearance by Jennifer Danielle Rolnick on behalf of FragranceX.com Inc. (aty to be noticed) (Rolnick, Jennifer)
October 17, 2008 Filing 60 Letter Regarding Substitution of Counsel by FragranceX.com Inc. (Rolnick, Jennifer)
September 30, 2008 Opinion or Order Filing 59 ORDER granting in part and denying in part #50 Motion to Compel; granting in part and denying in part #51 Motion for Protective Order. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/30/08. (Jacobwitz, Beth)
October 23, 2007 Filing 58 NOTICE by FragranceNet.com, Inc. Withdrawal of Rebecca K. Myers (Attachments: #1 Affidavit of Rebecca K. Myers Pursuant to Local Rule 1.4#2 Text of Proposed Order of Withdrawal) (Myers, Rebecca)
October 19, 2007 Filing 57 NOTICE of Appearance by Sara Jessica Crisafulli on behalf of FragranceNet.com, Inc. (aty to be noticed) (Crisafulli, Sara)
October 19, 2007 Opinion or Order ELECTRONIC ORDER re #56 Letter filed by FragranceNet.com, Inc. Based on the representations made in the parties' October 18, 2007 letter DE #56 , the October 23, 2007 status conference is adjourned and will be held on a later date set by the Court. Plaintiff's request concerning the joinder of additional parties and amendment of pleadings is GRANTED with the understanding that no further extensions of this deadline will be permitted. Ordered by Judge A. Kathleen Tomlinson on 10/19/07. (Cass, Luke)
October 18, 2007 Filing 56 Letter Joint Letter Reporting on the Status of Discovery by FragranceNet.com, Inc. (Sherman, Robert)
October 18, 2007 Filing 55 REPLY to Response to Motion re #50 Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things filed by FragranceNet.com, Inc.. (Attachments: #1 Attachment Part 1 of 2#2 Attachment Part 2 of 2) (Sherman, Robert)
October 12, 2007 Opinion or Order ELECTRONIC ORDER granting #49 Motion for Extension of Time to File. Based on the representations made in Plaintiff's August 30, 2007 letter DE #49 , the motion to extend the deadline for joinder of additional parties and amendment of pleadings to November 5, 2007 is GRANTED. All remaining dates contained in the Case Management and Scheduling Order DE #40 remain in effect. Ordered by Judge A. Kathleen Tomlinson on 10/12/07. (Cass, Luke)
October 12, 2007 Opinion or Order ELECTRONIC ORDER re #54 Letter filed by FragranceNet.com, Inc. I have reviewed Plaintiff's motion for leave to serve a brief reply to Defendant's opposition to Plaintiff's motion to compel. Since Defendant's opposition contains a three-page Declaration as well as substantial exhibits, I am hereby GRANTING Plaintiff's motion. Plaintiff is directed to file its reply no later than October 18, 2007. Ordered by Judge A. Kathleen Tomlinson on 10/12/07. (Cass, Luke)
October 5, 2007 Filing 54 Letter requesting permission to submit a brief reply to defendant's 10/3/07 letter in response to plaintiff's letter motion to compel by FragranceNet.com, Inc. (Sherman, Robert)
October 3, 2007 Filing 53 RESPONSE to Motion re #51 Letter MOTION for Protective Order Defendant's Letter Response to Motion for Protective Order filed by FragranceX.com Inc.. (Rabinowitz, David)
October 3, 2007 Filing 52 RESPONSE to Motion re #50 Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things Defendant's Letter Response to Motion to Compel filed by FragranceX.com Inc.. (Attachments: #1 Second Amended Complaint, Pt. 1#2 Second Amended Complaint, Pt. 2#3 Second Amended Complaint, Pt. 3#4 Yakuel Declaration#5 Defendant's Document Production Request#6 Myers Affidavit, Pt. 1#7 Myers Affidavit, Pt. 2#8 Myers Affidavit, Pt. 3#9 Myers Affidavit, Pt. 4) (Rabinowitz, David)
September 28, 2007 Filing 51 Letter MOTION for Protective Order by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A) (Sherman, Robert)
September 28, 2007 Filing 50 Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A) (Sherman, Robert)
August 31, 2007 Opinion or Order ELECTRONIC ORDER deferring ruling on #49 Motion for Extension of Time to File. I am directing defense counsel to file opposition to Plaintiff's letter motion DE #49 within three (3) business days. If no response is received, Plaintiff's motion will be submitted for review and determination as unopposed. Ordered by Judge A. Kathleen Tomlinson on 8/31/07. (Cass, Luke)
August 30, 2007 Filing 49 Letter MOTION for Extension of Time to File and Extend the Deadline for Joinder of Additional Parties and Amendment of Pleadings for Sixty Days to and Including November 5, 2007 by FragranceNet.com, Inc.. (Sherman, Robert)
August 28, 2007 Opinion or Order Filing 48 ORDER denying #44 Motion to Bifurcate. Defendant's motion is DENIED. I find that Defendant has not established entitlement to an order bifurcating discovery nor that good cause exists to warrant a stay of discovery on damages. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/28/07. (Cass, Luke)
July 2, 2007 Opinion or Order Filing 47 ORDER re #42 Letter filed by FragranceNet.com, Inc. For the reasons set forth in the attached Order, plaintiff's request that this Court certify for immediate appeal the Court's June 12, 2007 Memorandum and Order is DENIED. See Attached Order. Ordered by Judge Joseph F. Bianco on 7/2/07. (Bellis, Carly)
June 25, 2007 Filing 46 RESPONSE in Opposition re #44 MOTION to Bifurcate Letter Motion to Bifurcate Discovery Letter in Opposition to Defendant's Motion to Bifurcate Discovery filed by FragranceNet.com, Inc.. (Sherman, Robert)
June 21, 2007 Filing 45 AFFIDAVIT/AFFIRMATION re #44 MOTION to Bifurcate Letter Motion to Bifurcate Discovery Affidavit of Service of Letter Motion to Bifurcate Discovery by FragranceX.com Inc. (Rabinowitz, David)
June 21, 2007 Filing 44 MOTION to Bifurcate Letter Motion to Bifurcate Discovery by FragranceX.com Inc.. (Rabinowitz, David)
June 20, 2007 Filing 43 Letter opposing certification for immediate appeal of the June 12, 2007 Order by FragranceX.com Inc. (Rabinowitz, David)
June 19, 2007 Filing 42 Letter requesting that the Court certify for immediate appeal the June 12, 2007 Order by FragranceNet.com, Inc. (Sherman, Robert)
June 12, 2007 Opinion or Order Filing 41 ORDER denying #28 Motion for Leave to File. For the reasons set forth in the attached Memorandum and Order, plaintiff's motion for leave to file a Third Amended Complaint is denied as futile. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by JudgeJoseph F. Bianco on 6/12/07. (Bellis, Carly)
June 5, 2007 Opinion or Order Filing 40 CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a)is June 4, 2007; First request for production of documents and first request for interrogatories due by July 11, 2007; Deadline for joinder of additional parties and amendment of pleadings is September 6, 2007; Status Conference is scheduled for October 23, 2007, at 10:30 a.m.; All fact discovery to be completed by February 22, 2008; Expert reports to be served by June 2, 2008; Rebuttal expert reports to be served by July 16, 2008; Expert depositions to be concluded by August 29, 2008; Dispositive motion process started by September 8, 2008; Joint pretrial order due by October 8, 2008; Pretrial Conference is set for October 15, 2008 at 11 a.m. The parties are informed that in light of the extended dates given for discovery, no extensions will be granted and the parties should guide themselves accordingly. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.)
June 4, 2007 Opinion or Order Filing 39 Minute Entry for proceedings held before A. Kathleen Tomlinson : Initial Conference Hearing held on 6/4/2007. SCHEDULING: The next conference will be held on October 23, 2007 at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.The parties appeared for the Initial Conference this morning after having appeared before District Judge Bianco on Plaintiff's request to amend the Complaint. The parties advise that Judge Bianco directed discovery to go forward on the claim set forth in the existing Complaint. If the motion is subsequently granted, the scope and timing of discovery will be addressed further. 2.The parties previously met for a Rule 26(f) conference and agreed on certain elements of the discovery schedule. I am adopting the case management plan submitted by them as to the points on which they agreed. I have imposed the remaining dates. The Case Management and Scheduling Order will be entered separately. Initial disclosures are to be served no later than June 8, 2007. 3.With regard to production, the parties have entered into a Stipulation and Order governing the production of documents and information. I will review the Stipulation and if acceptable will so order the document separately. 4. The parties have preliminarily discussed production of electronically stored data and corresponding metadata. Should any dispute arise over the form or content of such production, the parties are to contact Chambers immediately to discuss. 5.Defendant wishes to bifurcate discovery on liability and damages. I have advised Defendant's counsel that such a request requires motion practice. The parties are directed to follow my Individual Practice Rules with respect to the filing of letter motions.SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.)
June 4, 2007 Filing 38 Minute Entry for proceedings held before Joseph F. Bianco : Oral Argument held on 6/4/2007; case called; all sides present; argument heard and decision reserved. (Tape #9:00 - 9:44.) (Bollbach, Jean)
May 31, 2007 Opinion or Order ORDER: The conference scheduled before Judge Bianco on June 4, 2007, at 9:30 a.m., will instead be held at 9:00 a.m. in Courtroom 920. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/31/07. (Bellis, Carly)
May 30, 2007 Filing 37 STIPULATION and Proposed Order Governing the Production of Documents and Information by FragranceNet.com, Inc. (Sherman, Robert)
May 30, 2007 Filing 36 Proposed Scheduling Order and Joint Proposed Case Management Order by FragranceNet.com, Inc. (Attachments: #1 Exhibit A Stipulation and Proposed Order Governing the Production of Documents and Information) (Sherman, Robert)
May 25, 2007 Filing 35 REPLY to Response to Motion re #28 Notice of MOTION for Leave to File Third Amended Complaint Reply Memorandum of Plaintiff Fragrancenet in Support of filed by FragranceNet.com, Inc.. (Sherman, Robert)
May 25, 2007 Filing 34 REPLY to Response to Motion re #28 Notice of MOTION for Leave to File Third Amended Complaint Reply Declaration of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert)
May 18, 2007 Filing 33 AFFIDAVIT in Opposition re #32 Memorandum in Opposition Affidavit of Joy Fallek by FragranceX.com Inc.. (Rabinowitz, David)
May 18, 2007 Filing 32 MEMORANDUM in Opposition re #28 Notice of MOTION for Leave to File Third Amended Complaint Memorandum of Defendant FragranceX.com, Inc. in Opposition to Motion to Leave to Amend Complaint by FragranceX.com Inc.. (Rabinowitz, David)
May 4, 2007 Filing 31 MEMORANDUM in Support re #28 Notice of MOTION for Leave to File Third Amended Complaint of Fragrancenet's by FragranceNet.com, Inc.. (Sherman, Robert)
May 4, 2007 Filing 30 AFFIDAVIT in Support re #28 Notice of MOTION for Leave to File Third Amended Complaint of Rebecca Myers, Esq. filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A Part 1#2 Exhibit A Part 2#3 Exhibit A Part 3#4 Exhibit A Part 4#5 Exhibit B#6 Exhibit C) (Sherman, Robert)
May 4, 2007 Filing 29 AFFIDAVIT in Support re #28 Notice of MOTION for Leave to File Third Amended Complaint of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert)
May 4, 2007 Filing 28 Notice of MOTION for Leave to File Third Amended Complaint by FragranceNet.com, Inc.. (Attachments: #1 Exhibit [Proposed] Order) (Sherman, Robert)
April 25, 2007 Filing 27 Minute Entry for proceedings held before Joseph F. Bianco : Pretrial Conference held on 4/25/2007; case called; all sides present; motion to be filed by 5/4/07; response by 5/18/07; reply by 5/25/07; oral argument set for 6/4/07 at 9:30 (Bollbach, Jean)
April 18, 2007 Filing 26 Letter to Judge Bianco by FragranceX.com Inc. (Rabinowitz, David)
April 18, 2007 Opinion or Order ORDER re #26 Letter filed by FragranceX.com Inc. Pursuant to the parties' joint request, the telephone conference is adjourned to April 25, 2007 at 1:00 p.m. Counsel shall contact Chambers in Brooklyn at 718-613-2190 with counsel for both sides on the line. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/18/07. (Bellis, Carly)
April 17, 2007 Opinion or Order ELECTRONIC ORDER granting #25 Motion to Adjourn Conference. The motion to adjourn the May 3, 2007 discovery planning conference is GRANTED. The parties are hereby advised that the filing of a motion does not automatically stay discovery. Therefore, notwithstanding the filing of Plaintiff's motion for leave to file an amended complaint, a discovery planning conference will be held on June 4, 2007 at 11 a.m. No further adjournments will be granted. The parties are reminded that no later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Ordered by Judge A. Kathleen Tomlinson on 4/17/07. (Cass, Luke)
April 16, 2007 Opinion or Order NOTICE: The telephone conference scheduled for April 18, 2007 at 10:00 a.m. will be held at 4:00 p.m. Ordered by Judge Joseph F. Bianco on 4/16/07. (Savona, Michele)
April 13, 2007 Filing 25 Letter MOTION to Adjourn Conference Letter requesting adjournment of Discovery Planning Conference by FragranceNet.com, Inc.. (Myers, Rebecca)
April 13, 2007 Filing 24 NOTICE of Appearance by Rebecca Kelder Myers on behalf of FragranceNet.com, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Myers, Rebecca)
April 3, 2007 Filing 23 Letter requesting adjournment of pre-motion conference by FragranceNet.com, Inc. (Sherman, Robert)
April 3, 2007 Opinion or Order ORDER re #23 Letter filed by FragranceNet.com, Inc. Pursuant to plaintiff's request, IT IS HEREBY ORDERED that the telephone conference previously scheduled for April 10, 2007, is adjourned to April 18, 2007 at 10:00 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/3/07. (Bellis, Carly)
March 30, 2007 Opinion or Order Filing 22 ORDER re #20 Letter filed by FragranceNet.com, Inc. By letter dated March 29, 2007, counsel for plaintiff requested a pre-motion conference. IT IS HEREBY ORDERED that counsel for all parties participate in a pre-motion conference by telephone on April 10, 2007, at 10:00 a.m. Counsel for plaintiff shall initiate the call by contacting Chambers at 631-712-5670 with counsel for all parties on the line. See Attached Order. Ordered by Judge Joseph F. Bianco on 3/30/07. (Bellis, Carly)
March 30, 2007 Filing 21 NOTICE by FragranceNet.com, Inc. Withdrawal of Catherine M. Clayton (Attachments: #1 Affidavit of Catherine M. Clayton in Pursuant to Local Rule 1.4#2 Text of Proposed Order of Withdrawal) (Clayton, Catherine)
March 29, 2007 Filing 20 Letter requesting pre-motion conference re: filing an amended complaint by FragranceNet.com, Inc. (Sherman, Robert)
March 29, 2007 Opinion or Order ELECTRONIC ORDER: The Initial Conference scheduled for 4/6/07 has been rescheduled for 5/3/2007 at 10:00 AM before Magistrate-Judge A. Kathleen Tomlinson. (Ordered by Judge A. Kathleen Tomlinson on 3/29/07) (Montero, Edher)
March 26, 2007 Opinion or Order Filing 19 SCHEDULING ORDER: Initial conference set for April 6, 2007. No later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/26/07. (Cass, Luke)
September 19, 2006 Filing 18 Amended ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David)
August 7, 2006 Filing 17 AFFIDAVIT of Service for Answer to Second Amended Complaint served on Paul, Hasting, Janofsky & Walker LLP on 8/7/06, filed by FragranceX.com Inc.. (Rabinowitz, David)
August 7, 2006 Filing 16 ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David)
July 27, 2006 Filing 15 AMENDED COMPLAINT (SECOND) against all defendants, filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B- Part 1#3 Exhibit B- Part 2#4 Exhibit C)(Clayton, Catherine)
July 20, 2006 Incorrect Case/Document/Entry Information. The 7/20/06 ORDER re: #14 has been modified as follows: Plaintiff is granted leave to file a second amended complaint and shall do so by July 31, 2006. (All corrections have been made.) (Fagan, Linda)
July 20, 2006 Opinion or Order ORDER re #14 Letter filed by FragranceNet.com, Inc. Pursuant to the stipulation by counsel for both parties, the pre-motion conference previously scheduled for July 20, 2006, is adjourned. Plaintiff is granted leave to file a second amended complaint and shall do so by July 31, 2006. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/20/06. (Bellis, Carly) Modified on 7/20/2006 (Fagan, Linda).
July 18, 2006 Filing 14 Letter requesting that the pre-motion conference scheduled on July 20, 2006 be cancelled on consent by FragranceNet.com, Inc.. (Attachments: #1 Exhibit Proposed Stipulation)(Sherman, Robert)
July 5, 2006 Opinion or Order Filing 12 ORDER re #11 Letter filed by FragranceNet.com, Inc. Plaintiff's request that the Court reconsider the Court's Order dated June 29, 2006, scheduling the pre-motion conference, is denied. Counsel for all parties shall appear for the pre-motion conference on July 20, 2006, at 11:00 a.m., in Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER. Ordered by Judge Joseph F. Bianco on 7/5/06. (Bellis, Carly)
June 30, 2006 Filing 11 Letter requesting denial of defendant's request for a pre-motion conference and granting plaintiff's request to have defendant file an answer by FragranceNet.com, Inc.. (Sherman, Robert)
June 29, 2006 Opinion or Order Filing 13 STIPULATION AND ORDER for Substitution of Counsel - It is stipulated by and between the undersigned attorneys that Moses & Singer, LLP be substituted in place of Darby & Darby, P.C., as counsel for Dft FragranceX.com, Inc. Signed by Judge Joseph F. Bianco on 6/29/06. (Valle, Christine)
June 29, 2006 Opinion or Order Filing 10 ORDER re #8 Letter filed by FragranceX.com Inc. The request is GRANTED. IT IS HEREBY ORDERED that counsel for all parties appear for a pre-motion conference on July 20, 2006, at 11:00 a.m., in 100 Federal Plaza, Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER. Ordered by Judge Joseph F. Bianco on 6/29/06. (Bellis, Carly)
June 29, 2006 Filing 9 Letter to Judge Bianco re: substitution of counsel by FragranceX.com Inc.. (Rabinowitz, David)
June 28, 2006 Filing 8 Letter requesting pre-motion conference with the Court by FragranceX.com Inc.. (Rabinowitz, David)
June 22, 2006 Opinion or Order ENDORSED ORDER re #7 Stipulation filed by FragranceX.com Inc. The Stipulation is hereby "So-Ordered." The time for the Defendant FragranceX.com, Inc. to answer, move or otherwise respond to the Complaint is hereby extended up to and including June 30, 2006. Ordered by Judge A. Kathleen Tomlinson on 6/22/06. (Cass, Luke)
June 20, 2006 Filing 7 STIPULATION Extending Time to Answer or Otherwise Respond to Plaintiff's Complaint by FragranceX.com Inc.. (Attachments: #1)(Singh, Atul)
June 20, 2006 Filing 6 NOTICE of Appearance by Atul R. Singh on behalf of FragranceX.com Inc. (Singh, Atul)
June 20, 2006 Filing 5 NOTICE of Appearance by Robert S Weisbein on behalf of FragranceX.com Inc. (Weisbein, Robert)
May 25, 2006 Filing 4 SUMMONS Returned Executed by FragranceNet.com, Inc.. FragranceX.com Inc. served on 5/25/2006, answer due 6/14/2006. (Sherman, Robert)
May 25, 2006 Filing 3 AMENDED COMPLAINT against FragranceX.com Inc., filed by FragranceNet.com, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Sherman, Robert)
May 17, 2006 Case Ineligible for Arbitration(Bollbach, Jean)
May 12, 2006 Filing 2 Notice of Report on the filing of an action regarding a Copyright Infringement. (Duong, Susan)
May 12, 2006 Filing 1 COMPLAINT (Original Complaint & Exhibits viewable in Clerk's Office)( Receipt# 325160) against FragranceX.com Inc. $ 350, filed by FragranceNet.com, Inc.. (Attachments: #1 Civil Cover Sheet)(Duong, Susan)
May 12, 2006 Summons Issued as to FragranceX.com Inc.. (Duong, Susan)

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Plaintiff: Telescents, Inc.
Represented By: Robert L. Sherman
Represented By: Bradford Edwin Young
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Plaintiff: FragranceNet.com, Inc.
Represented By: Catherine Clayton Farrelly
Represented By: Sara Jessica Crisafulli
Represented By: Rebecca Kelder Myers
Represented By: Robert L. Sherman
Represented By: Bradford Edwin Young
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Defendant: FragranceX.com Inc.
Represented By: Robert William Clarida
Represented By: Cameron Gilbert
Represented By: John W. Dozier
Represented By: Noah Shube
Represented By: Christopher J. Wesser
Represented By: Evan Scott Weintraub
Represented By: Jennifer Rolnick Borchetta
Represented By: David M. Rabinowitz
Represented By: Robert S Weisbein
Represented By: Ronald W. Meister
Represented By: Eric Scott Crusius
Represented By: Anthony M. Camisa
Represented By: Atul R. Singh
Represented By: Donald E. Morris
Represented By: Jeffrey T. Strauss
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Defendant: John Does 1-20
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