Kiss Nail Products, Inc. v. One Two Cosmetics, LLC
Plaintiff: Kiss Nail Products, Inc.
Defendant: One Two Cosmetics, LLC
Case Number: 2:2019cv00536
Filed: January 28, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Joan M Azrack
Referring Judge: Margo K Brodie
2 Judge: Ramon E Reyes
3 Judge: A Kathleen Tomlinson
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2020 Filing 30 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Judgment) (Hong, Loan)
March 6, 2020 Filing 29 CLERK'S JUDGMENT, It is ORDERED and ADJUDGED that defendants motion to dismiss is granted for lack of personal jurisdiction; and that the complaint is dismissed. Ordered by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/6/2020. (Piper, Francine)
March 5, 2020 Opinion or Order Filing 28 ORDER granting #17 Motion to Dismiss. For the foregoing reasons in the attached Memorandum and Order, the Court grants Defendant's motion to dismiss for lack of personal jurisdiction and dismisses the Complaint. Ordered by Judge Margo K. Brodie on 3/4/2020. (Valentin, Winnethka)
May 24, 2019 Filing 27 Letter To Hon. Brodie re courtesy copies of motion papers by One Two Cosmetics, LLC (Araj, Elana)
May 23, 2019 Filing 26 MEMORANDUM in Support re #17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue Reply Memorandum of Law filed by One Two Cosmetics, LLC. (Oliver, L. Scott)
May 23, 2019 Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Initial Conference Hearing held by telephone on 5/23/2019. Appearances: Frederick Christopher Millett, Esq., and Eric A. Prager, Esq., for Plaintiff; Elana Araj, Esq., for Defendant. Discussions held. The parties' proposed case management plan #22 is SO ORDERED. The parties are directed to submit a status report within one week of decision on the pending Motion to Dismiss #17 . (FTR Log #12:01:57-12:13:40 (208N).) (Galpert, Aviva)
May 23, 2019 Conference held; see Minute Entry dated 5/23/2019. (Galpert, Aviva)
May 13, 2019 Filing 25 DECLARATION re #23 Memorandum in Opposition of David Cho by Kiss Nail Products, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Millett, Frederick)
May 13, 2019 Filing 24 DECLARATION re #23 Memorandum in Opposition of Kichul Ahn by Kiss Nail Products, Inc. (Millett, Frederick)
May 13, 2019 Filing 23 MEMORANDUM in Opposition re #17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue filed by Kiss Nail Products, Inc.. (Millett, Frederick)
May 1, 2019 Filing 22 CASE MANAGEMENT STATEMENT (Millett, Frederick)
May 1, 2019 Filing 21 Letter re: Proposed Case Management Plan by Kiss Nail Products, Inc. (Millett, Frederick)
April 25, 2019 Filing 20 MEMORANDUM in Support re #17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue filed by One Two Cosmetics, LLC. (Oliver, L. Scott)
April 25, 2019 Filing 19 AFFIDAVIT/DECLARATION in Support re #17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue of Marieta Hent filed by One Two Cosmetics, LLC. (Oliver, L. Scott)
April 25, 2019 Filing 18 AFFIDAVIT/DECLARATION in Support re #17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue filed by One Two Cosmetics, LLC. (Attachments: #1 Exhibit 1 - Company Investigator Reportof Kiss Nail Products, Inc.) (Oliver, L. Scott)
April 25, 2019 Filing 17 First MOTION to Dismiss , or in the Alternative, To Transfer Venue by One Two Cosmetics, LLC. (Oliver, L. Scott)
April 18, 2019 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's schedule, the 5/16/2019 telephonic Initial Conference is rescheduled for 5/23/2019 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/18/2019. (Galpert, Aviva)
April 12, 2019 Opinion or Order ORDER re #16 Letter. The Court adopts the parties' proposed briefing schedule. Defendant shall serve its motion on or before April 25, 2019; Plaintiff shall serve a response on or before May 13, 2019; and Defendant shall serve a reply, if any, on or before May 23, 2019. Ordered by Judge Margo K. Brodie on 4/12/2019. (Morel, Christopher)
April 11, 2019 Filing 16 Letter Re Briefing Schedule by One Two Cosmetics, LLC (Oliver, L. Scott)
April 11, 2019 Filing 15 Consent MOTION to Adjourn Conference by One Two Cosmetics, LLC. (Oliver, L. Scott)
April 11, 2019 Opinion or Order ORDER granting #15 Motion to Adjourn 5/8/2019 Initial Conference. The in person conference is converted to a Telephone Conference set for 5/16/2019 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/11/2019. (Vertus, Miriam)
April 9, 2019 Opinion or Order Filing 14 SCHEDULING ORDER: Initial Conference set for 5/8/2019 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr., in Courtroom 2E North located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and Plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document.) Case Management Statement must be completed and filed on ECF no later than 5/1/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/9/2019. (Galpert, Aviva)
April 5, 2019 Opinion or Order ORDER granting in part and denying in part #10 Motion for Pre Motion Conference. The parties are directed to confer and submit a proposed briefing schedule for Defendant's anticipated motion. Ordered by Judge Margo K. Brodie on 4/5/2019. (Morel, Christopher)
April 4, 2019 Filing 13 NOTICE of Appearance by L. Scott Scott Oliver on behalf of One Two Cosmetics, LLC (notification declined or already on case) (Oliver, L. Scott)
April 4, 2019 Opinion or Order ORDER granting DE #12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee .. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/4/2019. (Degennaro, Christopher)
April 4, 2019 Case Reassigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. by random assignment. Judge Joan M. Azrack, Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Ramon E. Reyes, Jr. (Mahoney, Brenna)
March 21, 2019 Opinion or Order ORDER deferring ruling on DE #12 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motion for leave to appear pro hac vice. Before the Court can rule on this motion, the Court requires that the original certificate(s) of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificate(s) to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificate(s), it will rule on the instant motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/21/2019. (Degennaro, Christopher)
March 19, 2019 Filing 12 MOTION to Appear Pro Hac Vice of L. Scott Oliver Filing fee $ 150, receipt number ANYEDC-11299411. by One Two Cosmetics, LLC. (Attachments: #1 Affidavit of L. Scott Olvier in Support of Motion, #2 Exhibit A - Certificate of Good Standing from California, #3 Exhibit B - Certificate of Good Standing from Oregon, #4 Proposed Order Granting Admission Pro Hac Vice) (Oliver, L. Scott)
March 18, 2019 Filing 11 RESPONSE in Opposition re #10 MOTION for pre motion conference re #1 Complaint, re Motion To Dismiss or alternatively to Transfer Venue to Central District of California filed by Kiss Nail Products, Inc.. (Attachments: #1 Exhibit A) (Millett, Frederick)
March 11, 2019 Filing 10 MOTION for pre motion conference re #1 Complaint, re Motion To Dismiss or alternatively to Transfer Venue to Central District of California by One Two Cosmetics, LLC. (Araj, Elana)
February 21, 2019 Opinion or Order Filing 9 ORDER granting #7 Motion for Extension of Time to Answer re #1 Complaint, from 2/20/19 to 3/11/19. One Two Cosmetics, LLC answer due 3/11/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/21/2019. (Ryan, Mary)
February 20, 2019 Filing 8 Corporate Disclosure Statement by One Two Cosmetics, LLC identifying Corporate Parent Altern Marketing, LLC for One Two Cosmetics, LLC. (Araj, Elana)
February 20, 2019 Filing 7 First MOTION for Extension of Time to File Answer re #1 Complaint, from 2/20/19 to 3/11/19 by One Two Cosmetics, LLC. (Araj, Elana)
February 20, 2019 Filing 6 NOTICE of Appearance by Elana Araj on behalf of One Two Cosmetics, LLC (aty to be noticed) (Araj, Elana)
February 6, 2019 Filing 5 SUMMONS Returned Executed by Kiss Nail Products, Inc.. One Two Cosmetics, LLC served on 1/30/2019, answer due 2/20/2019. (Millett, Frederick)
January 29, 2019 Filing 4 Summons Issued as to One Two Cosmetics, LLC. (Rodin, Deanna)
January 29, 2019 Filing 3 Notice of Report on the filing of an action regarding a Patent. (Rodin, Deanna)
January 29, 2019 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
January 29, 2019 This attorney case opening filing has been checked for quality control. (Rodin, Deanna)
January 29, 2019 Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
January 29, 2019 This is a patent case and is eligible for the Patent Pilot Project. (Rodin, Deanna)
January 28, 2019 Filing 1 COMPLAINT against One Two Cosmetics, LLC filing fee $ 400, receipt number ANYEDC-11143798 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Kiss Nail Products, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A to Complaint, #4 Exhibit B to Complaint, #5 Exhibit C to Complaint, #6 AO 120 Form) (Millett, Frederick)

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Defendant: One Two Cosmetics, LLC
Represented By: L. Scott Scott Oliver
Represented By: Elana Araj
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Plaintiff: Kiss Nail Products, Inc.
Represented By: Frederick Christopher Millett
Represented By: Eric A. Prager
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