Smith v. Wal-Mart Stores, Inc. et al
| Sally J. Smith |
| Amazon.com, Inc., Exhart Environmental Systems, Inc., Wayfair, Inc., Pesche's Family Flowers, Inc., Overstock.com, Inc., Jet.com, Inc., Hi-Line Gift, Ltd., Oak Valley Decor, Giftcraft, Inc., Idyllwild Gardens, Wal-Mart Stores, Inc., Zulily, LLC, Meredith Corporation, Giftcraft, Ltd., The Gerson Company, Hayneedle, Inc., Idyllwild Gardens doing business as Fairy Homes and Gardens, Meredith Corporation doing business as Better Homes & Gardens and Pesche's Family Flowers, Inc. doing business as My Fairy Gardens |
| 8:2019cv01481 |
| November 27, 2019 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 43 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Hayneedle, Inc., Jet.com, Inc., Wal-Mart Stores, Inc. identifying Corporate Parent Walmart Inc. for Hayneedle, Inc., Jet.com, Inc... (Gay, Darrell) |
| Filing 42 ANSWER to #1 Complaint, by Hayneedle, Inc., Jet.com, Inc., Wal-Mart Stores, Inc..(Gay, Darrell) |
Filing 41
TEXT ORDER: Based upon the Stipulation filed on January 24, 2020, Dkt. No. #38 , the deadline in which Defendant Meredith Corporation is to file a response to the Complaint in this matter is extended to February 14, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/24/2020. (mab)
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Filing 40
TEXT ORDER: On January 23, 2020, Defendants Giftcraft, Inc. and Giftcraft, Ltd. filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file a response to the Complaint in this matter. Based upon Defendants' submission, the request is GRANTED and the time for Defendants Giftcraft, Inc. and Giftcraft, Ltd. to file a response to the Complaint is extended to February 7, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/24/2020. (mab)
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Filing 39
TEXT ORDER: Based upon the Stipulation filed on January 22, 2020, Dkt. No. #35 , the deadline in which Defendant Overstock.com, Inc. is to file a response to the Complaint in this matter is extended to February 28, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/24/2020. (mab)
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| Filing 38 STIPULATION re #1 Complaint, by Meredith Corporation submitted to Judge Brenda K. Sannes. (Snow, Abigail) |
| Filing 37 Letter Motion from Stuart F. Klein for Giftcraft, Inc., Giftcraft, Ltd. requesting Extension of Time to Respond to Complaint (February 7, 2020) submitted to Judge Daniel J. Stewart . (Klein, Stuart) |
| Filing 36 NOTICE of Appearance by Justin Barnard on behalf of Sally J. Smith (Barnard, Justin) |
| Filing 35 STIPULATION re #1 Complaint, Extension of Time to Respond for Overstock.com by Sally J. Smith submitted to Judge Brenda K. Sannes. (Smith, Shapleigh) |
| Filing 34 AFFIDAVIT of Service for Proof of Service served on Registered Agent for Overstock.Com, Inc. on 1/16/2020, filed by Sally J. Smith. (Smith, Shapleigh) |
| ***Answer due date updated for Overstock.com, Inc. answer due 2/6/2020. (pjh) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Sally J. Smith. Oak Valley Decor waiver sent on 1/8/2020, answer due 3/9/2020. (Smith, Shapleigh) |
| Filing 32 WAIVER OF SERVICE Returned Executed by Sally J. Smith. Hi-Line Gift, Ltd. waiver sent on 1/8/2020, answer due 3/9/2020. (Smith, Shapleigh) |
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Filing 31
TEXT ORDER: Based upon the Stipulation filed on January 9, 2020, Dkt. No. #28 , the deadline in which Defendants, Pesche's Family Flowers, Inc., Wayfair, Inc. and Zulily, LLC, are to file an Answer or otherwise respond to the Complaint in this matter is extended to February 7, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/14/2020. (mab)
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Filing 30
TEXT ORDER: Based upon the Stipulation filed on January 8, 2020, Dkt. No. #25 , the deadline in which Defendant, The Gerson Company, is to file an Answer or otherwise respond to the Complaint in this matter is extended to February 7, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/14/2020. (mab)
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Filing 29
TEXT ORDER granting #24 Motion for Limited Admission Pro Hac Vice. Attorney Justin B. Barnard is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2020. (mab)
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| Filing 28 STIPULATION re #1 Complaint, Extending Time for Wayfair, Zulily, and Pesche's Family Flowers to Respond to Complaint by Sally J. Smith submitted to Judge Brenda K. Sannes. (Smith, Shapleigh) |
| ***Answer due date updated for Idyllwild Gardens answer due 1/21/2020. (kmp) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #26 Summons Returned Executed. Clerk modified the docket entry to indicate the correct date of service and correct the answer due date. (kmp) |
| Filing 27 AFFIDAVIT of Service for Summons/Complaint served on Registered Agent on behalf of The Gerson Company on 12/18/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 26 SUMMONS Returned Executed by Sally J. Smith. Idyllwild Gardens served on 12/28/2019, answer due 1/21/2020. (Smith, Shapleigh) Modified on 1/9/2020 to correct the date of service and the date of the answer. (kmp) |
| Filing 25 STIPULATION re #1 Complaint, re Extension for The Gerson Companies by Sally J. Smith submitted to Judge Brenda K. Sannes. (Smith, Shapleigh) |
| Filing 24 MOTION for Limited Admission Pro Hac Vice of Justin B. Barnard Filing fee $100, receipt number ANYNDC-4993383. filed by Sally J. Smith. (Attachments: #1 Proposed Order/Judgment, #2 Declaration, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) Motions referred to Daniel J. Stewart. (Smith, Shapleigh) |
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Filing 23
STIPULATION AND ORDER extending time for Defendant Meredith Corporation to respond to Complaint. Signed by Magistrate Judge Daniel J. Stewart on 12/27/2019. (gjr)
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Filing 22
TEXT ORDER granting #20 Letter Request, Giftcraft, Inc. answer due 1/27/2020; Giftcraft, Ltd. answer due 1/27/2020. Signed by Magistrate Judge Daniel J. Stewart on 12/27/2019. (gjr)
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| Filing 21 STIPULATION re #1 Complaint, by Meredith Corporation submitted to Judge Brenda K. Sannes. (Snow, Abigail) |
| Filing 20 Letter Motion from Stuart F. Klein for Giftcraft, Inc., Giftcraft, Ltd. requesting Extension of Time to Answer Complaint submitted to Judge Daniel J. Stewart . (Klein, Stuart) |
| Filing 19 NOTICE of Appearance by Stuart F. Klein on behalf of Giftcraft, Inc., Giftcraft, Ltd. (Klein, Stuart) |
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Filing 18
TEXT ORDER: On December 18, 2019, Plaintiff filed a request on behalf of Defendant Amazon.com, Inc. for an extension of time to file a response to the Complaint in this matter. Dkt. No. #17 . On December 19, 2019, a Stipulation agreeing to extend the time for Defendants Wal-Mart Stores, Inc., Hayneedle, Inc. and Jet.com, Inc. to file a response to the Complaint was filed on the case docket. Dkt. No. #17 . Based upon these submissions, Defendants, Wal-Mart Stores, Inc., Hayneedle, Inc., Jet.com, Inc. and Amazon.com, Inc. are to file a response to the Complaint in this matter on or before January 25, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/20/2019. (mab)
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| Filing 17 STIPULATION re #1 Complaint, by Hayneedle, Inc., Jet.com, Inc., Wal-Mart Stores, Inc. submitted to Judge Hon. Brenda K. Sannes. (Gay, Darrell) |
| ***Answer set for Pesche's Family Flowers, Inc. answer due 1/2/2020. (kmp) |
| Filing 16 SUMMONS Returned Executed by Sally J. Smith. Exhart Environmental Systems, Inc. served on 12/10/2019, answer due 12/31/2019. (Smith, Shapleigh) |
| Filing 15 AFFIDAVIT of Service for Affidavit of Service served on Lori Sievers on behalf of Pesche's Family Flowers Inc. on 12/10/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 14 STIPULATION re #1 Complaint, Set/Reset Answer Deadline, for Defendant Amazon by Sally J. Smith. (Smith, Shapleigh) |
| Filing 13 AFFIDAVIT of Service for Affidavit of Service served on Incorporating Services, Ltd as agent for WAYFAIR, INC. on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 12 AFFIDAVIT of Service for Affidavit of Service served on c/o Corporation Service Co. as agent for ZULILY, LLC on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 11 AFFIDAVIT of Service for Affidavit of Service served on c/o Corporation Service Co. as agent for AMAZON.COM, INC. on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 10 AFFIDAVIT of Service for Affidavit of Service served on c/o The Corporation Trust Co. as agent for JET.COM, INC. on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 9 AFFIDAVIT of Service for Affidavit of Service served on CT Corp System as agent for Giftcraft, Inc. on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 8 AFFIDAVIT of Service for Affidavit of Service served on CT Corp System as agent for Giftcraft, Ltd on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 7 AFFIDAVIT of Service for Affidavit of Service served on Sattie Jairam (Heyneedle, Inc.) on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Sattie Jairam (Meredith Corporation d/b/a Better Homes & Gardens on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| Filing 5 AFFIDAVIT of Service for Affidavit of Service served on Sattie Jairam (Wal-Mart Stores, Inc. on 12/5/19, filed by Sally J. Smith. (Smith, Shapleigh) |
| ***Set Answer for Amazon.com, Inc. answer due 12/26/2019; Giftcraft, Inc. answer due 12/26/2019; Giftcraft, Ltd. answer due 12/26/2019; Hayneedle, Inc. answer due 12/26/2019; Jet.com, Inc. answer due 12/26/2019; Meredith Corporation answer due 12/26/2019; Wal-Mart Stores, Inc. answer due 12/26/2019; Wayfair, Inc. answer due 12/26/2019; Zulily, LLC answer due 12/26/2019. (kmp) |
| Filing 4 Report on the Filing and Determination of an Action Regarding a Copyright. {Copy sent to Register of Copyrights Office by regular mail on 12/3/19}. (kmp) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 3/5/2020 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp) |
| Filing 2 Summons Issued as to Wal-Mart Stores, Inc. (Attachments: #1 Summons Issued for Wayfair, Inc., #2 Summons Issued for Meredith Corporation, #3 Summons Issued for Amazon.com, Inc., #4 Summons Issued for Hayneedle, Inc., #5 Summons Issued for Jet.com, Inc., #6 Summons Issued for Hi-Line Gift, Ltd., #7 Summons Issued for Pesche's Family Flowers, Inc., #8 Summons Issued for My Fairy Gardens, #9 Summons Issued for Idyllwild Gardens, #10 Summons Issued for Zulily, LLC, #11 Summons Issued for Oak Valley Decor, #12 Summons Issued for Exhart Environmental Systems, Inc., #13 Summons Issued for Giftcraft, Ltd., #14 Summons Issued for Giftcraft, Inc., #15 Summons Issued for The Gerson Company, #16 Summons Issued for Overstock.com, Inc.)(kmp) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Wal-Mart Stores, Inc., Wayfair, Inc., Meredith Corporation, Amazon.com, Inc., Hayneedle, Inc., Jet.com, Inc., Hi-Line Gift, Ltd., Pesche's Family Flowers, Inc., Idyllwind Gardens, Zulily, LLC, Oak Valley Decor, Exhart Environmental Systems, Inc., Giftcraft, Ltd., Giftcraft, Inc., The Gerson Company, and Overstock.com. (Filing fee $400 receipt number ANYNDC-4958108) filed by Sally J. Smith. (Attachments: #1 Civil Cover Sheet)(kmp) |
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