Famous Horse Inc., v. 5th Avenue Photo Inc. et al
| Famous Horse Inc., doing business as V.I.M. |
| 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla, Moshe Bouskila, N J French kiss, Inc. and Florentin Fashions, Inc. |
| 1:2007cv07818 |
| September 4, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H Pauley |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2011. A more recent docket listing may be available from PACER.
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| Filing 48 CONSENT JUDGMENT # 11,1801 in favor of Famous Horse Inc., against 5th Avenue Photo Inc., Florentin Fashions, Inc., I D-Dealz, Inc., M & B Suit Warehouse Inc., N J French kiss, Inc., Mike Bouskilla, Moshe Bouskila in the amount of $ 10,455.00. (Signed by Judge William H. Pauley, III on 9/19/11) (Attachments: #1 Right to Notice of Appeal)(jnm) |
Filing 47
ENDORSED LETTER: addressed to Judge William H. Pauley from Kalpana Nagampalli dated 9/1/2011 re: Counsel for Plaintiff requests this Court grant an extension of time of fourteen (14) days until September 16, 2011 to consummate the settlement,failing which either party may apply to this Court to restore this action. ENDORSEMENT: application granted. so Ordered. (Signed by Judge William H. Pauley, III on 9/9/11) (js)
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Filing 46
ORDER: The Court having been advised that all claims asserted have been settled, is it ORDERED, that the above-entitled action be, and hereby is, dismissed; provided, however, that if the settlement is not consummated within thirty days of this order, either party may apply by letter within the thirty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. (Signed by Judge William H. Pauley, III on 8/3/2011) (tro)
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Filing 45
ENDORSED LETTER addressed to Judge William H. Pauley III from Jeffrey Dweck dated April 27, 2011 re: In light of the foregoing, the parties respectfully request this Court grant a three (3) month extension of time to complete all discovery. The parties submit a proposed Revised Scheduling Order, in accordance with this Court's Individual Practices. ENDORSEMENT: Application granted. Discovery shall be completed by July 29, 2011. The parties shall submit a joint pre-trial order by August 26, 2011. This Court will hold a final pretrial conference on September 16, 2011 at 10:00 am. SO ORDERED. ( Discovery due by 7/29/2011, Pretrial Order due by 8/26/2011, Final Pretrial Conference set for 9/16/2011 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/12/11) (jmi)
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| Filing 44 Costs Taxed as to #35 USCA Mandate, USCA Case Number 08-4523-cv. in the amount of $455.00. Docketed as Judgment #11,0441 on 03/11/2011 in favor of Plaintiff-Appellant Famous Horse Inc. against Defendants-Appellees 5th Avenue Photo Inc. et al. (nd) |
| Filing 43 ENDORSED LETTER addressed to Judge William H. Pauley from Jeffrey Dweck dated 2/22/11 re: Request for a one day extension of time to 2/22/11 to respond to the Third Amended Complaint. ENDORSEMENT: Application granted. 5th Avenue Photo Inc. answer due 2/22/2011; Moshe Bouskila answer due 2/22/2011; Mike Bouskilla answer due 2/22/2011; I D-Dealz, Inc. answer due 2/22/2011; M & B Suit Warehouse Inc. answer due 2/22/2011. (Signed by Judge William H. Pauley, III on 2/28/11) (cd) |
| Filing 42 ANSWER to Amended Complaint. Document filed by Moshe Bouskila, Mike Bouskilla.(Dweck, Jeffrey) |
| Filing 41 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Florentin Fashions, Inc. served on 1/31/2011, answer due 2/18/2011; N J French kiss, Inc. served on 1/31/2011, answer due 2/18/2011. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 40 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Florentin Fashions, Inc. served on 2/1/2011, answer due 2/18/2011; N J French kiss, Inc. served on 2/1/2011, answer due 2/18/2011. Document filed by 5th Avenue Photo Inc.. (Feldman, Stephen) |
| Filing 39 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. 5th Avenue Photo Inc. served on 1/28/2011, answer due 2/18/2011; Moshe Bouskila served on 1/28/2011, answer due 2/18/2011; Mike Bouskilla served on 1/28/2011, answer due 2/18/2011; I D-Dealz, Inc. served on 1/28/2011, answer due 2/18/2011; M & B Suit Warehouse Inc. served on 1/28/2011, answer due 2/18/2011. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 38 THIRD AMENDED COMPLAINT amending #16 Amended Complaint, against 5th Avenue Photo Inc., Moshe Bouskila, Mike Bouskilla, Florentin Fashions, Inc., I D-Dealz, Inc., M & B Suit Warehouse Inc., N J French kiss, Inc. with JURY DEMAND.Document filed by Famous Horse Inc. Related document: #16 Amended Complaint, filed by Famous Horse Inc.(mro) |
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Filing 37
SCHEDULING ORDER: Defendants shall serve and file their answer by February 18, 2011. Amended Pleadings due by 1/28/2011, Discovery due by 4/29/2011, Final Pretrial Conference set for 6/3/2011 at 10:00 AM before Judge William H. Pauley III, Pretrial Order due by 5/27/2011. SO ORDERED. (Signed by Judge William H. Pauley, III on 1/19/2011) (jmi)
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| Set/Reset Deadlines: Florentin Fashions, Inc. answer due 2/18/2011; N J French kiss, Inc. answer due 2/18/2011. (jmi) |
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Filing 36
SCHEDULING ORDER: The parties are directed to appear for a conference on January 19, 2011 at 10:30 a.m. SO ORDERED. Status Conference set for 1/19/2011 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/6/2011) (jmi)
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| Filing 35 MANDATE of USCA (Certified Copy) as to #33 Notice of Appeal filed by Famous Horse Inc., USCA Case Number 08-4523-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/22/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #35 USCA Mandate,. (nd) |
| Filing 34 TRUE COPY OPINION of USCA as to #33 Notice of Appeal filed by Famous Horse Inc., USCA Case Number 08-4523-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/20/2010. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Order on Motion to Amend/Correct,, #10 Rule 7.1 Corporate Disclosure Statement filed by 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., #20 Response in Opposition to Motion filed by Famous Horse Inc.,, #33 Notice of Appeal filed by Famous Horse Inc.,, #29 Response to Motion filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #31 Affidavit of Service Complaints filed by Famous Horse Inc.,, #4 Affidavit of Service Complaints filed by Famous Horse Inc.,, #12 Endorsed Letter, Set Deadlines/Hearings,, #5 Affidavit of Service Complaints filed by Famous Horse Inc.,, #25 FIRST MOTION to Amend/Correct. filed by Famous Horse Inc.,, #32 Affidavit of Service Complaints filed by Famous Horse Inc.,, #3 Affidavit of Service Complaints filed by Famous Horse Inc.,, #18 Declaration in Support of Motion, filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #17 FIRST MOTION to Dismiss the Defendant's Counterclaim. filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #22 Reply Memorandum of Law in Support of Motion filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #7 Affidavit of Service Complaints filed by Famous Horse Inc.,, #19 Memorandum of Law in Support of Motion, filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #16 Amended Complaint, filed by Famous Horse Inc.,, #26 Response in Opposition to Motion filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #8 Order for Initial Pretrial Conference, #24 Order on Motion to Dismiss, #1 Complaint filed by Famous Horse Inc.,, #27 Order on Motion to Amend/Correct,,,, #6 Affidavit of Service Complaints filed by Famous Horse Inc.,, #21 Memorandum of Law in Opposition to Motion filed by Famous Horse Inc.,, #2 Rule 7.1 Corporate Disclosure Statement filed by Famous Horse Inc.,, #28 FIRST MOTION to Amend/Correct Complaint. filed by Famous Horse Inc.,, #14 Scheduling Order, #11 Answer to Complaint filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc., #13 Scheduling Order,, #9 Notice of Appearance filed by 5th Avenue Photo Inc., Mike Bouskilla, Moshe Bouskila, M & B Suit Warehouse Inc., I D-Dealz, Inc. were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #33 Notice of Appeal. (nd) |
| Filing 33 NOTICE OF APPEAL from #30 Order on Motion to Amend/Correct,, #24 Order on Motion to Dismiss, #27 Order on Motion to Amend/Correct. Document filed by Famous Horse Inc.,. Filing fee $ 455.00, receipt number E 662804. (nd) |
| Filing 32 AFFIDAVIT OF SERVICE. N J French kiss, Inc. served on 2/28/2008, answer due 3/19/2008. Service was accepted by Maria Herrera. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 31 AFFIDAVIT OF SERVICE. Florentin Fashions, Inc. served on 2/28/2008, answer due 3/19/2008. Service was accepted by Maria Herrera. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
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Filing 30
ORDER: On May 19, 2008, this Court granted Defendants 5th Avenue Photo Inc., M&B Suit Warehouse, Inc., I D Dealz, Inc., Mike Bouskila, and Moshe Bouskila's motion to dismiss. On July 8, 2008, this Court denied Plaintiff Famous Horse Inc. d/b/a V.I.M.'s ("Famous Horse") motion to amend the Complaint. Famous Horse subsequently filed a motion to amend the Complaint pursuant to Rule 59 of the Federal Rules of Civil Procedure. Because Famous Horse's motion recites the same arguments as its motion to amend the Complaint, it is denied. So Ordered. (Signed by Judge William H. Pauley, III on 8/8/08) (js)
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| Filing 29 RESPONSE to Motion re: #28 FIRST MOTION to Amend/Correct Complaint.. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Dweck, Jeffrey) |
| Filing 28 FIRST MOTION to Amend/Correct Complaint. Document filed by Famous Horse Inc.,.(Nagampalli, Kalpana) |
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Filing 27
ORDER For the reasons set forth in this order, the amendment would be futile and Famous Horses motion to amend is denied. Famous Horse filed its amended complaint on February 13, 2008, but has not served defendants N J French Kiss, Inc. and Florentin Fashions, Inc. (the Non-moving defendants). Rule 4(m) of the Federal Rules of Civil Procedure provides that a court, on its own, may dismiss an action against a defendant that has not been served within 120 days after the complaint is filed after notice to the plaintiff. Because Famous Horse failed to serve the non-moving defendants within 120 days after filing the amended complaint, and because its action against those defendants would fail for the same reasons that its actions against the moving defendants failed, this court dismisses the action against the non-moving defendants. The clerk of the court shall terminate all motions pending as of July 8, 2008 and mark the case closed.. (Signed by Judge William H. Pauley, III on 7/8/08) (mme)
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| Filing 26 RESPONSE in Opposition re: #25 FIRST MOTION to Amend/Correct. Letter Response. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Dweck, Jeffrey) |
| Filing 25 FIRST MOTION to Amend/Correct. Document filed by Famous Horse Inc.,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Feldman, Stephen) |
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Filing 24
MEMORANDUM AND ORDER: For the foregoing reasons, Defendants 5th Avenue Photo Inc., M&B Suit Warehouse, Inc., I D-Dealz, Inc., Mike Bouskila, and Moshe Bouskilas motion to dismiss is grnated and the complaint against them dismissed. (Signed by Judge William H. Pauley, III on 5/19/2008) Copies Mailed By Chambers.(jpo)
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| Filing 23 TRANSCRIPT of proceedings held on 4/18/08 before Judge William H. Pauley, III. (ama) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss the Defendant's Counterclaim.. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Dweck, Jeffrey) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #17 FIRST MOTION to Dismiss the Defendant's Counterclaim. Corrected Exhibit B. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 20 RESPONSE in Opposition re: #17 FIRST MOTION to Dismiss the Defendant's Counterclaim. Plaintiff's Memo in Opposition to Defendant's Motion to Dismiss. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss the Defendant's Counterclaim. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Dweck, Jeffrey) Modified on 3/3/2008 (jar). |
| Filing 18 DECLARATION of Jeffrey Dweck in Support re: #17 FIRST MOTION to Dismiss the Defendant's Counterclaim.. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Dweck, Jeffrey) Modified on 3/3/2008 (jar). |
| Filing 17 FIRST MOTION to Dismiss the Defendant's Counterclaim. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. Responses due by 3/21/2008 Return Date set for 4/18/2008 at 10:45 AM.(Dweck, Jeffrey) Modified on 3/3/2008 (jar). |
| Filing 16 AMENDED COMPLAINT amending #1 Complaint against N J French kiss, Inc., Florentin Fashions, Inc., Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla.Document filed by Famous Horse Inc.,. Related document: #1 Complaint filed by Famous Horse Inc.,.(js) |
| SUMMONS ISSUED as to N J French kiss, Inc., Florentin Fashions, Inc.. (js) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Stephen Edward Feldman to MANUALLY RE-FILE Document No. #15 Amended Complaint. This document is not filed via ECF. (db) |
| Filing 15 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AMENDED MOTION to Amend/Correct #1 Complaint Amended Complaint. Document filed by Famous Horse Inc. Return Date set for 2/29/2008 at 05:00 PM.(Feldman, Stephen) Modified on 2/11/2008 (db). |
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Filing 14
SCHEDULING ORDER NO. 2: Amended Pleadings due by 2/8/2008. Motions due by 2/29/2008. Responses due by 3/21/2008, Replies due by 3/31/2008. Oral Argument set for 4/18/2008 at 10:45 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/23/08) (tro)
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Filing 13
SCHEDULING ORDER NO 1: Amended Pleadings due by 1/18/2008. Defendants shall file and serve their Motion to Dismiss due by 1/31/2008. Responses due by 2/21/2008. Replies due by 2/29/2008. Oral Argument set for 3/14/2008 at 03:30 PM before Judge William H. Pauley III. Discovery due by 6/30/2008. Joint Pretrial Order due by 7/31/2008. Final Pretrial Conference set for 8/22/2008 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/21/07) (tro) Modified on 1/3/2008 (tro).
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| Filing 12 ENDORSED LETTER addressed to Judge William H. Pauley from Jeffrey S. Dweck dated 11/8/07 re: Request for a pre motion conference re dismissal motion and for an extension of time to respond to the complaint. ENDORSEMENT: Application granted. A pre-motion conference will be held concurrently with the initial conference on 12/21/07 at 12:15 pm. Pre-Motion Conference set for 12/21/2007 at 12:15 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 11/9/07) (cd) |
| Filing 11 ANSWER to Complaint. Document filed by Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla.(Dweck, Jeffrey) |
| Filing 10 JOINT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc..(Dweck, Jeffrey) |
| Filing 9 NOTICE OF APPEARANCE by Jeffrey S. Dweck on behalf of Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla (Dweck, Jeffrey) |
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Filing 8
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/21/2007 at 12:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 10/5/07) Copies Mailed By Chambers.(tro)
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| Filing 7 AFFIDAVIT OF SERVICE. M & B Suit Warehouse Inc. served on 9/21/2007, answer due 10/11/2007. Service was accepted by Office of Secretary of State. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 6 AFFIDAVIT OF SERVICE. 5th Avenue Photo Inc. served on 9/21/2007, answer due 10/11/2007. Service was accepted by Office of Secretary of State. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 5 AFFIDAVIT OF SERVICE. Moshe Bouskila served on 9/14/2007, answer due 10/4/2007. Service was made by Mail. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 4 AFFIDAVIT OF SERVICE. I D-Dealz, Inc. served on 9/13/2007, answer due 10/3/2007. Service was accepted by Ms. Jane Smith. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 3 AFFIDAVIT OF SERVICE. Mike Bouskilla served on 9/13/2007, answer due 10/3/2007. Service was accepted by Jane Smith. Document filed by Famous Horse Inc.,. (Feldman, Stephen) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Famous Horse Inc.(jpo) |
| Filing 1 COMPLAINT against Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (Filing Fee $ 350.00, Receipt Number 626043)Document filed by Famous Horse Inc.(jpo) |
| SUMMONS ISSUED as to Moshe Bouskila, 5th Avenue Photo Inc., M & B Suit Warehouse Inc., I D-Dealz, Inc., Mike Bouskilla. (jpo) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (jpo) |
| Case Designated ECF. (jpo) |
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