1-800 Contacts, Inc. v. WHENU.com, Inc., et al
1-800 Contacts, Inc. |
WHENU.com, Inc. and Vision Direct, Inc. |
Maureen Cohen Harrington and Jennifer Ann Gaeta |
1:2002cv08043 |
October 9, 2002 |
US District Court for the Southern District of New York |
Deborah A Batts |
Trademark |
15 U.S.C. § 1121 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on May 25, 2007. A more recent docket listing may be available from PACER.
Document Text |
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Filing 91 STIPULATION OF DISMISSAL; this action is dismissed with prejudice to all parties; parties to bear their own costs and attorneys fees. (Signed by Judge Deborah A. Batts on 5/23/07) (kco) |
Filing 88 NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) |
Filing 87 ORDER that the parties shall be referred to the court sponsored mediation program for mediation and that the parties shall provide a status report to the court immediately upon completion of mediation. (Signed by Judge Deborah A. Batts on 12/1/06) (dle, ) Modified on 12/4/2006 (dle, ). |
Filing 86 JOINT RULE 26(f)REPORT.Document filed by 1-800 Contacts, Inc., WHENU.com, Inc., Maureen Cohen Harrington, Jennifer Ann Gaeta.(jco, ) |
Filing 85 ORDER that a Rule 16 conference in this matter is scheduled for 12/1/06 as further set forth in this order. (Signed by Judge Deborah A. Batts on 10/24/06) (dle, ) |
Filing 84 NOTICE OF CHANGE OF ADDRESS by Celia Goldwag Barenholtz on behalf of WHENU.com, Inc.. New Address: Cooley, Godward, Kronish, L.L.P.,. (dle, ) |
Filing 83 NOTICE OF APPEARANCE by Peter Jonathan Toren on behalf of 1-800 Contacts, Inc. (djc, ) |
Filing 82 MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973.... (Signed by Judge Michael B. Mukasey on 11/30/2005) (lb, ) |
Transmission to Attorney Admissions Clerk. Transmitted re: 76 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, ) |
Filing 81 CONSENT and ORDER of substitution of counsel. Plaintiff consents to the substitution of the firm Sidley Austin Brown & Wood LLP and the firm of Radar, Fishman & Grauer PLLC for the firm Gibson Dunn & Crutcher LLP as attorneys of record for plaintiff 1-800 Contacts, Inc. (Signed by Judge Deborah A. Batts on 10/20/05) (js, ) |
Filing 80 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Mary Margaret O'Donnell for 1-800 Contacts, Inc. admitted Pro Hac Vice. (Signed by Judge Deborah A. Batts on 10/20/05) (js, ) |
Filing 79 ORDER; all proceedings in this case are hereby stayed pending dispositions by the Supreme Court of the United States of Plaintiff 1-800 Contacts, Inc.'s Petition for a writ of Certiorari. (Signed by Judge Deborah A. Batts on 10/20/05) (kco, ) |
Filing 78 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Glenn E. Forbis for 1-800 Contacts, Inc. admitted Pro Hac Vice. (Signed by Judge Deborah A. Batts on 10/20/2005) (kco, ) |
Filing 77 ORDER granting 64 Motion for R. Terrance Rader to Appear Pro Hac Vice . (Signed by Judge Deborah A. Batts on 10/20/2005) (jmi, ) |
Filing 76 ORDER OF ADMISSION TO PRACTICE PRO HAC VICE: granting 70 Motion for Bryan G. Pratt to Appear Pro Hac Vice in the United States District Court for the Southern District of New York, subject to payment of the filing fee. (Signed by Judge Deborah A. Batts on 10/20/2005) (lb, ) |
Filing 75 AFFIDAVIT of Mary Margaret O'Donnell in Support re: 73 MOTION for Mary Margaret O'Donnell to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 74 AFFIDAVIT of Peter Toren in Support re: 73 MOTION for Mary Margaret O'Donnell to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 73 MOTION for Mary Margaret O'Donnell to Appear Pro Hac Vice. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 72 AFFIDAVIT of Bryan G. Pratt in Support re: 70 MOTION for Bryan G. Pratt to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 71 AFFIDAVIT of Peter Toren in Support re: 70 MOTION for Bryan G. Pratt to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 70 MOTION for Bryan G. Pratt to Appear Pro Hac Vice. Document filed by 1-800 Contacts, Inc. (cd, ) |
Filing 69 AFFIDAVIT of Glenn E. Forbis in Support re: 67 MOTION for Glenn E. Forbis to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc. (cd, ) |
Filing 68 AFFIDAVIT of Peter J. Toren in Support re: 67 MOTION for Glenn E. Forbis to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 67 MOTION for Glenn E. Forbis to Appear Pro Hac Vice. Document filed by 1-800 Contacts, Inc. (cd, ) |
Filing 66 AFFIDAVIT of Peter Toren in Support re: 64 MOTION for R. Terrance Rader to Appear Pro Hac Vice.. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 65 AFFIDAVIT of R. Terrance Rader in Support re: 64 MOTION for R. Terrance Rader to Appear Pro Hac Vice. Document filed by 1-800 Contacts, Inc. (cd, ) |
Filing 64 MOTION for R. Terrance Rader to Appear Pro Hac Vice. Document filed by 1-800 Contacts, Inc.. (cd, ) |
Filing 63 Costs Taxed as to 62 USCA Mandate, USCA Case Number 04-0026-cv. in the amount of $5898.08. Docketed as Judgment #05,1434 on 8/2/2005 in favor of Appellant, Whenu.com, Inc against 1-800 Contacts, Inc. (nd, ) |
Filing 62 MANDATE of USCA (Certified Copy) as to 52 Notice of Interlocutory Appeal, filed by Vision Direct, Inc. 51 Notice of Interlocutory Appeal, filed by WHENU.com, Inc., USCA Case Number 04-0026-cv (L), 04-0446-cv (CON). On consideraion whereoff, it is hereby Ordered, Adjudged and Decreed that the judgment of said district court be and it hereby is REVERSED and REMANDED in accordance with the opinion of this court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 7/21/2005. (nd, ) |
Filing 61 MANDATE of USCA (Certified Copy) as to 52 Notice of Interlocutory Appeal, filed by Vision Direct, Inc. USCA Case Number 04-0446(CON)...Motion on consent of appellant and appellee, voluntary dismissal of appeal # 04-0446(Con) only. ORDERED that the motion is GRANTED. MACKECHNIE, Clerk USCA. Certified: 9/14/04. (pr, ) Modified on 9/20/2004 (pr, ). |
Transmission of USCA Mandate/Order to the District Judge re: 61 USCA Mandate Withdrawing Appeal,. (pr, ) |
Filing 60 STIPULATION AND ORDER OF DISMISSAL with prejudice as to the defendant Vision Direct, Inc,..... Pursuant to F.R.C.P. 41 (A)(1). (Signed by Judge Deborah A. Batts on 7/20/2004) (jsa, ) |
Filing 59 ENDORSED LETTER addressed to Judge Deborah A. Batts from Amy Barrier dated 1/26/04 re: counsel for plaintiff requests that the court allow discovery to proceed in this matter and that the court order the parties to submit a proposed scheduling order at the earliest possible time. Denied.. (Signed by Judge Deborah A. Batts on 1/28/04) (dle, ) |
Filing 58 STIPULATION AND ORDER that the exhibits used by the parties at the hearings in this matter on March 18, 19, April 8 and 10, 2003, specifically the documents marked as Plaintiff's Exhibits 1-10, Defendants Exhibits A-F and the demostration shown to the Court, are necessary to the appeal and that these exhibits shall be deemed part of the Record an Appeal, pursuant to FRAP 10(a). So Ordered. (Signed by Judge Deborah A. Batts on 1/28/04) (jco, ) |
Filing 57 Stipulation and Order that the law firm of Baker and NcKenzie withdraws as counsel for Defendant Vision Direct Inc and the law firm of Simpson Thacher and Barlett shall appear as counsel for Vision Direct, Inc. (Signed by Judge Deborah A. Batts on 1/22/2004) (jsa, ) |
Filing 55 TRUE COPY ORDER of USCA as to 51 Notice of Interlocutory Appeal, filed by WHENU.com, Inc. USCA Case Number 04-0026. Appellant request an expedited hearing & briefing schedule on its appeal from 12/22/03. ORDERED that this motion for expedited appeal is GRANTED. A scheduling order shall be issued forthwith. MACKECHNIE, Clerk USCA. Certified: 1/16/04. (pr, ) |
Transmission of USCA Mandate/Order to the District Judge re: 55 USCA Order,. (pr, ) |
Filing 56 ENDORSED LETTER addressed to Judge Batts from Terence Ross dated 1/15/2004 re: Request for a Rule 26 (f) conference. The application is granted.. (Signed by Judge Deborah A. Batts on 1/16/2004) (jsa, ) |
Filing 52 NOTICE OF INTERLOCUTORY APPEAL from 50 Memorandum & Opinion,,. Document filed by Vision Direct, Inc.. Filing fee $ 255.00, receipt number E496875. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Gibson, Dunn & Crutcher, LLP, Kronish, Liebweiner & Hellman, LLP, Lutzker & Lutzker, LLP and Hale & Door, LLP. (dt, ) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 52 Notice of Interlocutory Appeal,. (dt, ) |
Transmission of Notice of Appeal to the District Judge re: 52 Notice of Interlocutory Appeal,. (dt, ) |
Filing 54 BOND # 104008179 in the amount of $ 5,000.00 posted by 1-800 Contacts, Inc.. (df, ) |
Filing 53 ORDER; The plaintiff shall give a security in the amount of $5,000.00 by 1/13/04. (Signed by Judge Deborah A. Batts on 1/7/04) (sb, ) |
Transmission of Notice of Appeal to the District Judge re: 51 Notice of Interlocutory Appeal,. (dt, ) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 51 Notice of Interlocutory Appeal,. (dt, ) |
Filing 51 NOTICE OF INTERLOCUTORY APPEAL from 50 Memorandum & Opinion,,. Document filed by WHENU.com, Inc.. Filing fee $ 255.00, receipt number E495802. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Gibson, Dunn & Crutcher, L.L.P. and Wilson, Elser, Moskowitz, Edelman & Dicker, LLP. (dt, ) |
Filing 50 OPINION # 89477 re: 3 Motion for Preliminary Injunction filed by 1-800 Contacts, Inc.; Plaintiff's Motion for preliminary injunctive relief on its cybersquatting claims is Granted. Defendant Vision Direct shall w/in 30 days of the date of this Order cancel its registration of the www.www1800Contacts.com domain name. Plaintiff's Motion for preliminary injunction relief on its copyright claims is Denied. The parties shall appear before the Court for a case conference on 1/16/04 at 11:00 a.m. (Signed by Judge Deborah A. Batts on 12/22/03) (ae, ) |
Filing 49 CONSENT ORDER, substituting Kronish Lieb Weiner & Hellman LLP in place of Hale & Dorr LLP as counsel for defendant WhenU.com . ( signed by Judge Deborah A. Batts ); (kw) |
Filing 48 NOTICE of attorney appearance for WHENU.com, Inc. by Celia Goldwag Barenholtz, John A. Morris. (jco) |
Filing 47 Transcript of record of proceedings before Judge Deborah A. Batts for the date(s) of March 18, 19, April 8 & 10, 2003. (pr) Modified on 1/16/2004 (dt, ). |
Filing 46 DECLARATION of Jason Mathison by 1-800 Contacts, Inc. Re: Internet (cd) |
Filing 45 ORDER, granting [44-1] motion for an order pursuant to Rule 1.3(c) of the FRCP permitting Vinita Ferrera to appear pro hac vice. ( signed by Judge Deborah A. Batts ); (Sent to the Attorney Admissions Clerk). (kw) Modified on 04/14/2003 |
Filing 44 NOTICE OF MOTION by Jennifer Ann Gaeta for an order pursuant to Rule 1.3(c) of the FRCP permitting Vinita Ferrera to appear pro hac vice . Proposed order allong with affidavits of Jennifer Ann Gaeta and Vinita Ferrera in support of motion attached. No Return Date indicated. (db) |
Filing 43 SEALED DOCUMENT placed in vault. (js) |
Filing 42 ORDER; granting [38-1] motion for Terence P. Ross to appear pro hac vice for plntf. ( signed by Judge Deborah A. Batts ); Forwarded to Attorney Admission Clerk. (jco) |
Filing 41 AFFIDAVIT of Vinita Ferrera in support of [39-1] motion for an Order for Vinita Ferrera to appear pro hac vice. (jco) |
Filing 40 AFFIDAVIT of Jennifer Ann Gaeta in support of [39-1] motion for an Order for Vinita Ferrera to appear pro hac vice. Proposed Order attached. (jco) |
Filing 39 NOTICE OF MOTION by Jennifer Ann Gaeta; for an Order for Vinita Ferrera to appear pro hac vice . Return Date not indicated. (jco) |
Filing 38 NOTICE OF MOTION by 1-800 Contacts, Inc. for Terence P. Ross to appear pro hac vice for plntf ; Return Date not indicated (cd) |
Filing 37 RULE 7.1 CERTIFICATE filed by Vision Direct, Inc. . (gmo) |
Filing 36 ANSWER to Complaint by Vision Direct, Inc. (Attorney James D. Jacobs from the Firm: Baker & McKenzie) . (gmo) |
Filing 35 PLTFF'S REPLY BRIEF by 1-800 Contacts, Inc. in support of its motion for a preliminary injunction against dft WHENU.com, Inc. (db) |
Filing 34 PLTFF'S REPLY BRIEF by 1-800 Contacts, Inc. in support of its motion for a preliminary injunction against dft Vision Direct, Inc. (db) |
Filing 33 MEMORANDUM OF LAW by Vision Direct, Inc. in opposition to [3-1] motion for an Order granting a preliminary injunction in this action . (cd) |
Filing 32 AFFIDAVIT of Jennifer A. Gaeta by WHENU.com, Inc. in support of [28-1] opposition memorandum . (djc) |
Filing 31 DECLARATION of Jacob Jacoby, Ph.D by WHENU.com, Inc. in support Re: [28-1] opposition memorandum . (djc) |
Filing 30 AFFIDAVIT of Avi Naider by WHENU.com, Inc. in support of [28-1] opposition memorandum. (djc) |
Filing 29 DECLARATION of John A. Deighton, by WHENU.com, Inc. in support Re: [28-1] opposition memorandum . (djc) |
Filing 28 MEMORANDUM OF LAW by WHENU.com, Inc. in opposition to [3-1] motion for an Order granting a preliminary injunction in this action. (djc) |
Filing 26 NOTICE AND ORDER OF WITHDRAWAL; that pursuant to Local Civil Rule 1.4 and based on the declaration of David R. Francescani dated 12/11/02; and with the consent of dft WHENU.COM, Inc. and the approval of the Court, Fish & Richardson P.C. and its undersigned attorney are hereby permitted to withdraw from their represenation of Dft. WHENU.COM, Inc. in this case . ( signed by Judge Deborah A. Batts ); (pl) Modified on 01/17/2003 |
Filing 27 Memo-Endorsement on letter addressed to Judge Batts from Arnold P. Lutzker, dated 01/06/03; Defendant's Response to Motion reset for 1/31/03 re: [3-1] motion for an Order granting a preliminary injunction in this action ; Plaintiff's Reply Response to Motion reset for 2/28/03 re: [3-1] motion for Order granting a preliminary injunction in this action ; Return date reset to 3/18/03 for [3-1] motion for an Order granting a preliminary injunction in this action ; ( Signed by Judge Deborah A. Batts ); (djc) |
CASHIER'S OFFICE REMARK on [19-1] order in the amount of $25.00 paid on 1/8/03 Receipt # 461009. (db) |
Filing 25 Notation of $50.00 filing fees for pro hac vice admission paid and received in Judge Batts' chambers by WHENU.com, Inc. . (dle) |
Filing 24 ORDER, For the reasons set forth in this order, plaintiff Vision Direct's motion for a temporary restraining order is denied , Counsel for dft WhenU.com has volunteered to deliver to this Court a list of pending and ongoing litigation on these issues by 1/15/03 , discovery relevant to effective argument at the preliminary injunction hearing, scheduled for 2/25/03 at 11:00 a.m., shall be allowed to proceed as further set forth in this order , the court declines to consolidate 02cv8043 and 02cv9788 at this juncture . ( signed by Judge Deborah A. Batts ); (dle) |
Filing 23 AFFIDAVIT OF SERVICE of summons and complaint as to WHENU.com, Inc. by Slephe Drunsic on 10/18/02 . Answer due on 11/7/02 for WHENU.com, Inc. . (dle) |
Filing 22 RETURN OF SERVICE of summons and complaint executed as to Vision Direct, Inc. by Tamara Cooper on 10/18/02 . Answer due on 11/7/02 for Vision Direct, Inc. . (dle) |
Filing 21 AFFIDAVIT OF SERVICE of summons and complant as to WHENU.com, Inc. by Avi Naider on 10/21/02 . Answer due on 11/12/02 for WHENU.com, Inc. . (dle) |
Filing 20 ORDER; granting [16-1] motion for Arnold Paul Lutzker to appear pro hac vice . ( signed by Judge Deborah A. Batts ); Original sent to attorney admissions clerk. (jco) |
Filing 19 ORDER; granting [12-1] motion for Carl Herman Settlemyer to appear pro hac vice. ( signed by Judge Deborah A. Batts ); Original sent to attorney admissions clerk. (jco) Modified on 12/11/2002 |
Filing 18 AFFIDAVIT of Arnold Paul Lutzker by Maureen Cohen Harrington in support of [16-1] motion for Arnold Paul Lutzker to appear pro hac vice . (db) |
Filing 17 AFFIDAVIT of Maureen Cohen Harrington by Maureen Cohen Harrington in support of [16-1] motion for Arnold Paul Lutzker to appear pro hac vice . (db) |
Filing 16 NOTICE OF MOTION by Maureen Cohen Harrington for Arnold Paul Lutzker to appear pro hac vice . Proposed order and motion attached. No Return Date indicated. (db) |
Filing 15 AFFIDAVIT of Maureen Cohen Harrington by Maureen Cohen Harrington in support of [12-1] motion for Carl Herman Settlemyer to appear pro hac vice . (db) |
Filing 14 AFFIDAVIT of Carl Herman Settlemyer, III by Maureen Cohen Harrington in support of [12-1] motion for Carl Herman Settlemyer to appear pro hac vice . (db) |
Filing 13 NOTICE of attorney appearance for WHENU.com, Inc. by Maureen Cohen Harrington. (db) |
Filing 12 NOTICE OF MOTION by Maureen Cohen Harrington for Carl Herman Settlemyer to appear pro hac vice . Proposed order and motion attached. No Return Date indicated. (db) |
Filing 11 ANSWER to Complaint by WHENU.com, Inc. (Attorney William DiSalvatore from the Firm: Hale and Dorr, L.L.P.); jury demand. (tp) |
Filing 10 RULE 1.9 CERTIFICATE filed by WHENU.com, Inc. (tp) |
Filing 9 STIPULATION and ORDER, defts, their affiliates, agents, officers etc shall not display or cause any other entity to display adverisements of any kin on or over any display of www.1800 Contacts.com or any other website which plntf owns, as further set forth in this document ; Defts' Response to Motion reset for 1/10/03 re: [3-1] motion for an Order granting a injunction in this action ; Plntf's Reply to Response to Motion (not to exceed 25 typewritten pages) reset for 11:00 2/25/02 re: [3-1] motion for an Order granting a preliminary injunction in this action; An evidentiary hearing on plntf's motion for a Preliminary Injunction shall be held on 2/25/02 at 11:00 am, in Courtroom 24B ( by Judge Deborah A. Batts ) (cd) |
Deadline(s) updated: Motion (evidentiary) hearing set for 11:00 2/25/03 for [3-1] motion for an Order granting a preliminary injunction in this action . (cd) |
Filing 8 Memo-Endorsement on letter addressed to Judge Batts from Terence P. Ross, dated 10/10/02; granting counsel's request for permission to exceed the 25-page limit nunc pro tunc in plaintiff's 36 page memorandum in support of the motion for preliminary injunction . ( signed by Judge Deborah A. Batts ) (kkc) |
Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (jol) |
Filing 7 DECLARATION of Amy E. Barrier by 1-800 Contacts, Inc. in support Re: [4-1] support memorandum . (yv) |
Filing 6 Text not available. |
Filing 5 DECLARATION of William D. Neal by 1-800 Contacts, Inc. Re: pop-up advertisements. (yv) |
Filing 4 MEMORANDUM OF LAW by 1-800 Contacts, Inc. in support of [3-1] motion for an Order granting a preliminary injunction in this action . (yv) |
Filing 3 NOTICE OF MOTION by 1-800 Contacts, Inc. for an Order granting a preliminary injunction in this action . Return Date not indicated. Proposed Order attached. (yv) Modified on 10/17/2002 |
Filing 2 RULE 1.9 CERTIFICATE filed by 1-800 Contacts, Inc. . (jol) |
Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 453157. (jol) |
Magistrate Judge James C. Francis is so designated. (jol) |
CASHIER'S OFFICE REMARK on [20-1] order in the amount of $25.00 paid on 1/8/03 Receipt # 461009. (db) |
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