Simonian v. Maybelline LLC
| Thomas A. Simonian |
| Maybelline LLC |
| 1:2011cv01928 |
| March 21, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Sullivan |
| Patent |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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Filing 65
STIPULATION AND ORDER OF DISMISSAL: The parties have agreed to a dismissal of this case, with prejudice, with each party to bear its own attorneys' fees and costs. (Signed by Judge Richard J. Sullivan on 4/12/2011) (ab)
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Filing 64
ORDER. The scheduled April 22, 2011 conference is adjourned to April 29, 2011 at 2:00p.m. IT IS FURTHER ORDERED THAT the deadline for the parties to submit their joint letter and proposed case management plan is extended to April 22, 2011 at 4:00 p.m. (Telephone Conference set for 4/29/2011 at 02:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/8/11) (djc)
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Filing 63
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Sandra C. McCallion dated 4/7/2011 re: Cousnel for Defendant Maybelline LLC requests that the Court extend the date for Maybelline to file a Motion or Answer to 4/22/2011. ENDORSEMENT: SO ORDERED. Maybelline LLC answer due 4/22/2011. (Motions due by 4/22/2011.) (Signed by Judge Richard J. Sullivan on 4/7/2011) (tro)
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Filing 62
ORDER Maybelline LLC answer to complaint due 4/8/2011. If defendant wishes to file a motion for reconsideration, it shall submit a pre-motion letter as described in Rule 2.A of my Individual Practices by 4/8/11, and plaintiff shall submit a responsive letter within three business days...The deadlines set by the Court's 3/22/11 Order remain in effect. If Defendant submits a premotion letter, the 4/22/11 conference shall function as a premotion conference. (Signed by Judge Richard J. Sullivan on 3/28/11) (cd)
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| Filing 61 NOTICE OF APPEARANCE by Sandra C. McCallion on behalf of Maybelline LLC (McCallion, Sandra) |
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Filing 60
ORDER: Accordingly, It is hereby ordered that the parties shall participate in a telephonic conference with the Court on April 22, 2011 at 3:15 p.m. The parties shall gather on one line, then contact the Court at (212) 805-0264. It is further ordered that, by April 14, 2011 at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five (5) pages, providing the information in separate paragraphs as set forth in this order. It is further ordered that, by April 14, 2011 at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. it is further ordered that, by April 14, 2011, counsel for both parties who are not admitted to practice in this Court shall either seek admission or file motions for admission pro hac vice. So Ordered (Signed by Judge Richard J. Sullivan on 3/22/2011) (js)
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| Filing 59 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:10-cv-01615. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 58 TRANSFERRED to the Southern District of New York the electronic record. Mailed to all counsel of record. (smm) [Transferred from Illinois Northern on 3/21/2011.] |
| MAILED Patent Report with Minute Order and Memorandum opinion and order dated 3/11/11 to the Commissioner of Patents and Trademarks Office, Alexandria, VA 23313 to Commissioner of Patents and Trademarks. (smm) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 57 MEMORANDUM Opinion and Order Signed by the Honorable Virginia M. Kendall on 3/1/2011.(tsa, ) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 56 MINUTE entry before Honorable Virginia M. Kendall:Enter MEMORANDUM, OPINION AND ORDER: For these reasons, the Court denies Maybellines Motion to Dismiss, denies as moot Maybellines Motion to Stay, and grants Maybellines Motion to Transfer to the Southern District of New York. Civil case terminated. Mailed notice (tsa, ) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 55 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 54 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A-C)(Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 53 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 52 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A - C)(Goering, Martin) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 51 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 50 NOTICE by Thomas A. Simonian of Supplemental Authority (Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 49 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 48 NOTICE by Thomas A. Simonian of Supplemental Authority (Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 47 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 46 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 45 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 44 NOTICE by Thomas A. Simonian of Supplemental Authority (Goering, Martin) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 43 NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 42 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 41 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Goering, Martin) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 40 NOTICE by Maybelline LLC of Additional Recent Related Decisions (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 39 NOTICE by Maybelline LLC of Recent Related Decision (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 38 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 37 NOTICE by Maybelline LLC re MOTION by Defendant Maybelline LLC to dismiss Complaint 19 of Supplemental Authority (Attachments: # 1 Exhibit A)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 36 REPLY by Defendant Maybelline LLC to response in opposition to motion 31 to transfer (Attachments: # 1 Exhibit A-B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 35 REPLY by Defendant Maybelline LLC to response in opposition to motion 30 to dismiss (Attachments: # 1 Exhibit A)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 34 REPLY by Defendant Maybelline LLC to response in opposition to motion 32 to stay (Attachments: # 1 Exhibit A-K, # 2 Exhibit L-S)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 33 NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 32 RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to stay PENDING THE APPELLATE DECISION IN DISPOSITIVE CASES 22 (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-D, # 3 Group Ex. 1)(Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 31 RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to transfer case to the Southern District of New York 25 (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-G, # 3 Group Ex. 1)(Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 30 RESPONSE by Thomas A. Simonianin Opposition to MOTION by Defendant Maybelline LLC to dismiss Complaint 19 (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Group. Ex. 1)(Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 29 MINUTE entry before Honorable Virginia M. Kendall:Briefing as to motion to transfer case 25 , motion to stay 22 , motion to dismiss 19 is set as follows: Response due by 6/7/2010. Reply due by 6/21/2010. Ruling by mail. Status set for 5/10/2010 is stricken.Mailed notice (tlp, ) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 28 Joint Initial Status Report by Maybelline LLC, Thomas A. Simonian (Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 27 NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to transfer case 25 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 26 MEMORANDUM by Maybelline LLC in support of motion to transfer case 25 (Attachments: # 1 Exhibit A-C, # 2 Exhibit D, # 3 Exhibit E-J)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 25 MOTION by Defendant Maybelline LLC to transfer case to the Southern District of New York (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 24 NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to stay 22 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 23 MEMORANDUM by Maybelline LLC in support of motion to stay 22 (Attachments: # 1 Exhibit A, # 2 Exhibit B-F, # 3 Exhibit G-K, # 4 Exhibit L-O)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 22 MOTION by Defendant Maybelline LLC to stay PENDING THE APPELLATE DECISION IN DISPOSITIVE CASES (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 21 NOTICE of Motion by Jeffrey Mark Drake for presentment of motion to dismiss 19 before Honorable Virginia M. Kendall on 5/10/2010 at 09:00 AM. (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 20 MEMORANDUM by Maybelline LLC in support of motion to dismiss 19 (Attachments: # 1 Exhibit A, # 2 Exhibit B-D, # 3 Exhibit E-H)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 19 MOTION by Defendant Maybelline LLC to dismiss Complaint (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 18 ATTORNEY Appearance for Defendant Maybelline LLC by Geoffrey A. Zelley (Zelley, Geoffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 17 ATTORNEY Appearance for Defendant Maybelline LLC by Francis Digiovanni (Digiovanni, Francis) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 16 ATTORNEY Appearance for Plaintiff Thomas A. Simonian by John Paul Bjork (Bjork, John) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 15 MINUTE entry before Honorable Virginia M. Kendall:Motions by Francis DiGiovanni and Geoffrey Zelley to appear pro hac vice [12, 13] are granted. Mailed notice (jms, ) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 14 ATTORNEY Appearance for Defendant Maybelline LLC by Dean A. Monco (Monco, Dean) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4707644. (Zelley, Geoffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4707630. (Digiovanni, Francis) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Maybelline LLC (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 10 ATTORNEY Appearance for Defendant Maybelline LLC by Jeffrey Mark Drake (Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 9 MINUTE entry before Honorable Virginia M. Kendall:Initial Status hearing set for 5/10/2010 at 09:00 AM. Joint Status Report due by 5/4/2010. (See Judge Kendall's web page found at www.ilnd.uscourts.gov for information about status reports). The parties are to report on the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Court's action herein. Lead counsel is directed to appear at this status hearing. Mailed notice (jms, ) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 8 WAIVER OF SERVICE returned executed by Thomas A. Simonian. Maybelline LLC waiver sent on 3/15/2010, answer due 5/14/2010. (Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 7 Local Rule 3.4 Notice by Thomas A. Simonian (Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Jessica Elyse Rissman (Rissman, Jessica) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Martin Goering (Goering, Martin) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Thomas A. Simonian by Joseph Michael Vanek (Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 2 CIVIL Cover Sheet (Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| Filing 1 COMPLAINT for False Patent Marking filed by Thomas A. Simonian; Jury Demand. Filing fee $ 350, receipt number 0752-4608147. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Vanek, Joseph) [Transferred from Illinois Northern on 3/21/2011.] |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cole. (daj, ) [Transferred from Illinois Northern on 3/21/2011.] |
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