Zino Davidoff S.A. v. Selective Distribution International, Inc.
| Helene Schmeltzer, J&S Merchandising, JERRYBOY57 and Gerald Schmeltzer |
| JERRYBOY57, J & H Cosmetics, Ltd., Gerald Schmeltzer, Helene Schmeltzer and J&S Merchandising |
| J & H Cosmetics, Ltd. |
| Helene Schmeltzer, Gerald Schmeltzer and J & H Cosmetics, Ltd. |
| J & H Cosmetics, Ltd. |
| 1:2007cv10326 |
| November 14, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Crotty |
| Michael H. Dolinger |
| Trademark |
| 15 U.S.C. ยง 1051 |
| Defendant |
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Filing
141
OPINION & ORDER: For the foregoing reasons, the Court adopts Judge Dolinger's Report and Recommendation in its entirety. To summarize: 1. Summary judgment is granted in favor of the J&H Parties with respect to all of Selective's claims agai nst them. 2. Summary judgment is granted in favor of the J&H Parties with respect to all of Diamond's claims against them, with the exception of Diamond's claim for breach of warranty, which may be pursued solely against J&H (not Gerald Sc hmeltzer, Helene Schmeltzer, J&S Merchandising, or jerryboy57). 3. Diamond's motion for summary judgment in its favor is denied as to all of its claims. 4. J&H's motion for preclusion as a discovery sanction is denied. Therefore, the only remaining claims in this case are two breach of warranty claims: Selective against Diamond, and Diamond against J&H. A pretrial conference will be held on April 19, 2013, at 11:00 a.m. in Courtroom 1305 at the Thurgood Marshall United States Courtho use, 40 Centre Street, New York, New York 10007. At that conference, the Court anticipates setting a prompt trial date and a schedule for the submission of a joint pretrial order and any motions in limine. The parties are directed to meet and confer in person for at least one hour, at least one week before that conference, and to submit a letter to the Court, no later than April 16, 2013, setting forth the parties' respective views on: (1) the prospects for settlement, including whether the parties would like the Court to preside over a settlement conference; (2) the anticipated length of trial; and (3) what motions in limine are anticipated. The Clerk of Court is directed to terminate the motions pending at docket numbers 85 and 97. (Signed by Judge Paul A. Engelmayer on 3/27/2013) (djc) Modified on 3/27/2013 (djc).
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Filing
52
ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANT SELECTIVE DISTRIBUTION INTERNATIONAL, INC. AND SEVERING ITS THIRD PARTY CLAIMS: It is hereby ordered that plaintiff's claims against Defendant Selective Distribution International, Inc. ("Selective") are dismissed pursuant to the Settlement Agreement between Selective and Plaintiff, and with the Court reserving jurisdiction to enforce the terms of the Agreement. Selective's third-party claims against third party defen dants Diamod Group, Inc. and J&H Cosmetics, Ltd. are hereby severed from the above referenced civil action. All letters received as of November 3, 2009 are attached to this order. (Signed by Judge Paul A. Crotty on 11/18/2009) (jpo) Modified on 11/20/2009 (jpo).
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