Doolim Corp. v. R Doll LLC et al
| Doolim Corp. |
| R Doll LLC, Rubber Doll, Steven Oshatz and Rosenthal & Rosenthal, Inc. |
| 1:2008cv01587 |
| February 15, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Barbara S Jones |
| Henry B Pitman |
| Contract: Other |
| 28 U.S.C. § 1331 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2009. A more recent docket listing may be available from PACER.
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| Filing 20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Rosenthal & Rosenthal, Inc. on 7/22/09. Service was accepted by Mr. Barboro. Service was made by Mr. Barboro. *I hereby certify and return that on 7/30/09 I received a checck from Rosenthal & Rosenthal, Inc. in the amount of $83,434.99 representing funds of the judgment debtor which sum I disbursed to attorney for judgment creditor on 8/6/09.- Joann Goodson- Seizure/Forfeiture Specialist. Document filed by Doolim Corp. (tro) |
| Writ of Execution Issued as to Rosenthal & Rosenthal Inc. on 7/17/09 # 09,1141 in the amount of $ 840,085.94. (Signed by Judge J. Michael McMahon on 7/17/09) (jf) |
| Filing 19 DEFAULT JUDGMENT # 09,1141 in favor of Doolim Corp. against R Doll LLC, in the amount of $ 840,085.94, and against defendant Oshatz awarding plaintiff a declaration plaintiff may sell garments in its possession manufactured for Doll without regard to Oshatz's trademark rights; dismissing Doolim's fourth claim and denying Doolim's application for an order of attachment. (Signed by J. Michael McMahon, CLERK on 6/17/09) (jf) (Additional attachment(s) added on 6/17/2009: #1 notice of right to appeal) (jf). Modified on 8/6/2012 (ml). |
Filing 18
ORDER: I hereby confirm and adopt the Report in its entirety, finding no clear error on the face of the record, as set forth herein. The Clerk of Court is directed to close this case. (Signed by Judge Barbara S. Jones on 5/28/2009) (jpo)
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Filing 17
REPORT AND RECOMMENDATION re: #1 Complaint filed by Doolim Corp. Accordingly, for all the foregoing reasons, I respectfully recommend that Doolim be awarded judgment on its first and second claims against Doll in the amount of $840,085.94. I further recommend that on its third claim, Doolim be awarded a declaration that it is entitled to sell the garments in its possession manufactured for Doll without regard to the trademark rights of Doll. I recommend that Doolim's fourth claim, which seeks a declaration of its rights with respect to certain assets in the possession of Rosenthal, be dismissed. I also recommend that Doolim's application for an order of attachment as part ofthe final judgment be denied. I also note that your Honor's Order dated July 15, 2008 which directed the entry of a default judgment did not include Oshatz. Oshatz appears to be a defendant only on Doolim's claim for a declaration of its rights to sell the garments specially manufactured for Doolim; the complaint affirmatively states that the claims for money damages are directed against Doll only (Compl. at 6). Since Oshatz is also in default, I further recommend that the judgment in this matter include Oshatz and declare that Doolim is entitled to sell the garments in its possession manufactured for Doll without regard to the trademark rights of Oshatz. Objections to R&R due by 5/26/2009 (Signed by Magistrate Judge Henry B. Pitman on 5/7/09) Copies Transmitted. (tro)
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| Filing 16 NOTICE OF APPEARANCE by Michael James Sheppeard on behalf of Doolim Corp. (Sheppeard, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Proposed Findings of Fact and Law, Declaration of Huh with Exhibits and Memorandum of Law served on All Defendants on 21 January 2009. Service was made by MAIL. Document filed by Doolim Corp.. (Sheppeard, Michael) |
| Filing 14 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Doolim Corp.. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration of Doolim's CEO Huh, #3 Exhibit 1 to Huh Declaration, #4 Exhibit 2 to Huh Declaration(part 1 of 2), #5 Exhibit 2 to Huh Declaration(part 2 of 2), #6 Exhibit 3 to Huh Declaration, #7 Exhibit 4 to Huh Declaration, #8 Errata 5 to Huh Declaration, #9 Exhibit 6 to Huh Declaration, #10 Exhibit 7 to Huh Declaration, #11 Exhibit 8 to Huh Declaration, #12 Exhibit 9 to Huh Declaration, #13 Exhibit 10 to Huh Declaration)(Sheppeard, Michael) |
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Filing 13
ORDER: No later than January 22, 2009, plaintiff is to submit revised, proposed findings of fact and conclusions of law and supporting materials. Every proposed finding of fact concerning plaintiff's alleged damages is to be supported by citation to material of evidentiary weight. In this regard, counsel is reminded that a lawyer's affidavit has no evidentiary weight unless the lawyer has first-hand knowledge of the facts stated or the lawyer can otherwise attest to the facts in the affidavit without violating the rule against hearsay. In addition, each of plaintiff's proposed conclusions of law is to be accompanied by citation to a specific legal authority that supports the proposed conclusion or by an explanation as to why no citation to legal authority is necessary. If plaintiff fails to submit proper inquest papers, I shall issue a report and recommendation recommending that plaintiff has proven no damages. Defendants are directed to submit their opposition papers, if any, by 2/23/2009. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/22/2008) Copies Mailed By Chambers.(tve) Modified on 1/16/2009 (tve).
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| Filing 12 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Doolim Corp.. (Attachments: #1 Exhibit Exhibit B - Complaint, #2 Exhibit Exhibit C -Purchase Orders, #3 Exhibit Exhibit D, #4 Exhibit Exhibit A - Declaration for Judgment (Exhibits filed at Document 27))(Schneiderman, Susan) |
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Filing 11
SCHEDULING ORDER: It is hereby Ordered that Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than September 30, 2008. All factual assertions made by plaintiff are to be supported by either affidavit or other material of evidentiary weight. Defendant's shall submit their response to Plaintiff's submission, if any, no later than October 30, 2008. If defendant's fail to respond to plaintiff's submission, or fail to contact my chambers by October 30, 2008 and request an In-Court hearing, it is my intention to issue a Report and Recommendation concerning damages on the basis of Plaintiff's written submission alone without an In-Court hearing. (Signed by Magistrate Judge Henry B. Pitman on 7/31/2008) Copies Mailed By Chambers.(jfe)
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Filing 10
ORDER: that Plaintiff shall have judgment against Defendant R Doll, L.L.C. a/k/a Rubber Doll and Rosenthal & Rosenthal, Inc., with the amount of the damages, costs, and attorneys' fees to be determined by inquest. The matter is hereby referred to Magistrate Judge Pitman for an inquest of damages. SO ORDERED. (Signed by Judge Barbara S. Jones on 7/15/2008) (tve)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #10 Order, to the Judgments and Orders Clerk. (tve) |
| Filing 9 DECLARATION of Huh Dan Wook in Support re: #8 MOTION for Entry of Default as to R Doll LLC, Steven Oshatz and Rosenthal & Rosenthal, Inc. Huh Declaration in Support of Entry of Default Judgment.. Document filed by Doolim Corp.. (Attachments: #1 Huh Declaration, Exhibit 1.5, #2 huh declaration, Exhibit 1.6, #3 huh declaration, Exhibit 1.4, #4 Huh Declaration, Exhibit 1.1, #5 Huh Declaration, Exhibit 1.2, #6 Huh Declaration, Exhibit 2, #7 Huh Declaration, Exhibit 3, #8 Huh Declaration, Exhibit 4, #9 Huh Declaration, Exhibit 5, #10 Huh Declaration, Exhibit 6, #11 Huh Declaration, Exhibit 7)(Schneiderman, Susan) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Susan Schneiderman to RE-FILE Document #8 MOTION for Entry of Default as to R Doll LLC, Steven Oshatz and Rosenthal & Rosenthal, Inc. Huh Declaration in Support of Entry of Default Judgment.. Use the document type Declaration in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Susan Schneiderman to MANUALLY RE-FILE Document No. #7 Clerk's Certificate. This document is not filed via ECF. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Susan Schneiderman to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. #6 Default Judgment. This document is not filed via ECF. (KA) |
| Filing 8 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to R Doll LLC, Steven Oshatz and Rosenthal & Rosenthal, Inc. (Huh Declaration in Support of Entry of Default Judgment). Document filed by Doolim Corp.. (Attachments: #1 Huh Declaration, Exhibit 2, #2 Huh Declaration, Exhibit 3, #3 Huh Declaration, Exhibit 4, #4 Huh Declaration, Exhibit 5, #5 Huh Declaration, Exhibit 6, #6 Huh Declaration, Exhibit 1.1, #7 Huh Declaration, Exhibit 1.2, #8 Huh Declaration, Exhibit 1.3, #9 Huh Declaration, Exhibit 1.4, #10 Huh Declaration, Exhibit 1.5)(Schneiderman, Susan) Modified on 6/6/2008 (KA). |
| Filing 7 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REQUEST TO ENTER DEFAULT against R Doll LLC, Oshatz, Rosenthal & Rosenthal(CLERK'S CERTIFICATE). Document filed by Doolim Corp..(Schneiderman, Susan) Modified on 6/6/2008 (KA). |
| Filing 6 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Default Judgment as to Defendants(DEFAULT JUDGMENT). Document filed by Doolim Corp..(Schneiderman, Susan) Modified on 6/6/2008 (KA). |
| Filing 5 BILL OF COSTS Document filed by Doolim Corp..(Schneiderman, Susan) |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Barbara S. Jones on 4/28/08) (js)
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| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. R Doll LLC served on 2/21/2008, answer due 3/12/2008; Steven Oshatz served on 2/21/2008, answer due 3/12/2008; Rosenthal & Rosenthal, Inc. served on 2/21/2008, answer due 3/12/2008. Service was accepted by Steven Oshatz, for Rubber Doll LLC and for himself; Legal Assistant to David Flaxman, General Counsel, with respect to Rosenthal & Rosenthal, Inc.. Document filed by Doolim Corp.. (Schneiderman, Susan) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Doolim Corp..(mbe) |
| Filing 1 COMPLAINT against R Doll LLC, Steven Oshatz, Rosenthal & Rosenthal, Inc.. (Filing Fee $ 350.00, Receipt Number 641472)Document filed by Doolim Corp..(mbe) (mbe). |
| SUMMONS ISSUED as to R Doll LLC, Steven Oshatz, Rosenthal & Rosenthal, Inc.. (mbe) |
| Case Designated ECF. (mbe) |
| Magistrate Judge Henry B. Pitman is so designated. (mbe) |
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