Styleline Studios International Limited v. Litvack
| Styleline Studios International Limited |
| Jay Litvack |
| David A. Berger |
| 2:2024cv01192 |
| February 15, 2024 |
| US District Court for the Eastern District of New York |
| Orelia E Merchant |
| James M Wicks |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 20
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held May 9, 2024 at 11:00 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than May 2, 2024 Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 3/28/2024. Ordered by Magistrate Judge James M. Wicks on 3/28/2024. (Attachments: #1 JMW Individual Practice Rules, #2 Proposed Rule 26(f) Scheduling Order) (DF/JT) Modified on 4/1/2024 to change Initial Conference on May 9, 2024 from 10:00 AM to 11:00 AM (DF).
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| REPORT of Mediation Unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/10/2024. (DS) |
| SELECTION OF MEDIATOR David A. Berger selected as Mediator. Date Time and Location in-person/remote: March 25, 2024. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)].The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
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ORDER. In light of the parties having been referred to mediation and the Hon. Orelia E. Merchant's stay in this case, the Initial Conference scheduled for April 23, 2024 and the corresponding obligation to submit a proposed 26(f) scheduling order are adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 3/6/2024. (HM)
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ORDER: The parties' stipulation #7 is so-ordered. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by September 9, 2024. The parties are directed to file a joint status report by September 10, 2024 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference. All proceedings and deadlines in this action are hereby stayed until September 10, 2024. So Ordered by Judge Orelia E. Merchant on 3/5/2024. (MM)
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| Filing 19 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Temporary Restraining Order on STIPULATION OF ALL PARTIES filed by Jay Litvack. (Hugel, Paul) |
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Filing 18
TEMPORARY RESTRAINING ORDER. See attached. Ordered by Judge Orelia E. Merchant on 2/29/2024. (MM)
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Minute Entry for proceedings held before Judge Orelia E. Merchant: Order to Show Cause Hearing held on February 29, 2024. Case called. Alexander D. Widell and Michael J. Schwab appeared on behalf of the Plaintiff; Paul Scott Hugel and Peter Scoolidge appeared on behalf of the Defendant. Plaintiff is directed to file a letter on or before 5 p.m. on March 4, 2024 advising the Court as to the status of settlement discussions and proposing revised preliminary injunction terms. Pending the Court's decision on Plaintiff's motion for a preliminary injunction, the Court ordered, on consent by the parties, that the temporary restraining order issued in this matter dated February 16, 2023, shall remain in effect, with the following modifications: the TRO shall not apply to (1) any J/SLIDES merchandise bearing or sold in connection with the J/SLIDES mark that Styleline Studios, LLC purchased from Plaintiff; and (2) the J/SLIDES merchandise referenced in Paragraph 10 of the declaration of Jay Litvack dated February 28, 2024. On consent, no security shall be required in association with the temporary restraining order. So Ordered by Judge Orelia E. Merchant on 2/29/2024. (Court Reporter Stacy Mace.) (TPL)
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| Filing 17 REPLY in Support of Plaintiff's Motion for a Preliminary Injunction filed by Styleline Studios International Limited. (Attachments: #1 Exhibit A Styleline Studios LLC Resolution dated February 1, 2024, #2 Exhibit B Email chain, #3 Exhibit C Email chain dated February 18, 2023, #4 Exhibit D Email chain with JSLIDES Digital Access Request, #5 Exhibit E Email chain from Alexander D. Widell to Irwin Siegel dated February 26, 2024, #6 Exhibit F Email chain between Dimitri Mavridakis and Winnie Lee dated February 27, 2024, #7 Exhibit G Email from Alexander D. Widell to Kendra Edwards dated February 26, 2024, #8 Exhibit H Email from Irwin Siegel to Alexander D. Widell, with attached list of Open Orders, dated February 23, 2024, #9 Exhibit I Photographs of Counterfeit Footwear, #10 Memorandum in Support Reply Memorandum of Law) (Widell, Alexander) |
| Filing 16 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Jay Litvack. (Attachments: #1 Exhibit Ex A - Corporate resolultion, #2 Exhibit Ex B - Factoring Agreeement, #3 Exhibit Ex C - Trademark Assignement, #4 Exhibit Ex D - Invoices, #5 Exhibit Ex E - Email 2023-22-14, #6 Exhibit Ex F - Cease and Desist Letter) (Hugel, Paul) |
| Filing 15 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Jay Litvack. (Attachments: #1 Exhibit Annual Report, #2 Exhibit Trademark Assignement, #3 Exhibit Hilldun Summons with Notice) (Hugel, Paul) |
| Filing 14 MEMORANDUM in Opposition re #7 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Jay Litvack. (Hugel, Paul) |
| Filing 13 NOTICE of Appearance by Peter Scoolidge on behalf of Jay Litvack (aty to be noticed) (Scoolidge, Peter) |
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Filing 12
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held April 23, 2024 at 10:00 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than April 16, 2024 Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 2/27/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 11 Letter to The Honorable Orelia E. Merchant by Styleline Studios International Limited (Attachments: #1 Exhibit Email chain dated February 18, 2024, #2 Exhibit Email chain between February 25, 2024 and February 27, 2024) (Widell, Alexander) |
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ORDER: The Court sets the following amended briefing schedule for Plaintiff's motion for preliminary injunction: Defendant's answering/opposition papers to be filed by 10:00 a.m. on February 28, 2024; and Plaintiff's reply, if any, to be filed by 5 p.m. on February 28, 2024. Ordered by Judge Orelia E. Merchant on 2/27/2024. (MM)
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| Filing 10 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Temporary Restraining Order (regarding TRO Only) filed by Jay Litvack. (Hugel, Paul) |
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ORDER: To the extent that Defendant's letter #10 challenges the notice provided by Plaintiff in advance of the Court's February 16, 2024 Order, as described in Plaintiff's February 15, 2024 Letter #6 , Plaintiff provided advance warning of its intent to file its motion via email on February 14, 2024 and emailed Defendant a copy of the Court's February 15, 2024 Order, the complaint, Plaintiff's proposed order to show cause, and the attachments to Plaintiff's proposed order to show cause on February 15, 2024. These communications provided Defendant with sufficient notice prior to the entry of the Court's February 16, 2024 Order. See Sec. & Exch. Comm'n v. Cap. Growth Co., S.A. (Costa Rica), 391 F. Supp. 593, 600-01 (S.D.N.Y. 1974) ("The sufficiency of notice is for the trial court's determination under the circumstances of each particular case."); Basank v. Decker, 449 F. Supp. 3d 205, 210 (S.D.N.Y. 2020) (finding sufficient notice where movants "emailed [respondent] and informed him of [movants'] intent to seek a temporary restraining order in the Southern District of New York, with the amended petition attached").Further, the Court notes that under Rule 65(c) a TRO may issue "only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). District courts are "vested with wide discretion" to determine the appropriate amount of the bond, see Doctor's Assocs., Inc. v. Stuart, 85 F.3d 975, 985 (2d Cir. 1996) (internal quotation and citations omitted), and, "despite the seemingly mandatory nature of Rule 65(c), a district court in its discretion may deny a bond altogether if there is no proof of likelihood of harm to the non-movant," see Golden Krust Patties, Inc. v. Bullock, 957 F. Supp. 2d 186, 202 (E.D.N.Y. 2013) (internal quotation marks omitted). To the extent that Defendant now, 10 days after the issuance of the TRO and after having requested an extension of the TRO and Defendant's opposition deadline, requests that Plaintiff be required to pay a security bond, Plaintiff is directed to file a letter response regarding the issue of security by 12:00 p.m. on February 27, 2024. Ordered by Judge Orelia E. Merchant on 2/26/2024. (MM)
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ORDER granting #9 Consent Motion for Extension of Time. In light of defense counsel being recently retained and because of the parties' agreement on an extension, the hearing currently scheduled for February 26, 2024 at 11:00 AM is hereby adjourned to February 29, 2024 at 11:00 AM. Also in light of defense counsel being recently retained and because of the parties' agreement on an extension, the temporary restraining order as set forth in subparagraphs (1) through (10) in the Court's February 16, 2024 Order shall remain in effect until February 29, 2024 at 11:00 AM. So Ordered by Judge Orelia E. Merchant on 2/26/2024. (TPL)
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| Filing 9 Consent MOTION for Extension of Time to File Opposition to OSC and to adjourn hearing by Jay Litvack. (Hugel, Paul) |
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Filing 8
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AS TO DEFENDANT JAY LITVACK. See attached. Order to Show Cause Hearing set for February 26, 2024 at 11:00 AM in Courtroom 6C South before Judge Orelia E. Merchant. Ordered by Judge Orelia E. Merchant on 2/16/2024. (TPL)
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| Filing 7 MOTION for Preliminary Injunction and Temporary Restraining Order by Styleline Studios International Limited. (Widell, Alexander) |
| Filing 6 Letter to The Honorable Orelia E. Merchant by Styleline Studios International Limited (Widell, Alexander) |
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Filing 5
Order to Show Cause by Styleline Studios International Limited (Attachments: #1 Memorandum of Law, #2 Emergency Declaration of Alexander D. Widell) (CL)
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| Filing 4 Notice of Report on the filing of a Trademark. (Attachments: #1 Complaint/Exhibits) (CL) |
| Filing 3 Summons Issued as to Jay Litvack. (CL) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| Filing 1 COMPLAINT against Jay Litvack filing fee $ 405, receipt number ANYEDC-17574172 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Styleline Studios International Limited. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Widell, Alexander) |
| Case Assigned to Magistrate Judge James M. Wicks. 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. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Reassigned to Judge Orelia E. Merchant and Magistrate Judge James M. Wicks. 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. (AC) |
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ORDER: To the extent that Plaintiff seeks a temporary restraining order without notice, Plaintiff is directed to certify in writing by February 16, 2024, at 12:00 p.m., any efforts made to give Defendant notice of Plaintiff's Order to Show Cause ("OTSC") and the reasons why notice should not be required. Alternatively, Plaintiff is directed to provide notice of this OTSC to Defendant and/or Defendant's attorney by transmitting a copy of this order, the complaint, and a copy of Plaintiff's OTSC #5 and attachments ([5-1], [5-2]) via email and file a letter confirming transmission on or before 10:00 a.m. on February 16, 2024. Ordered by Judge Orelia E. Merchant on 2/15/2024. (MM)
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