C=Holdings B.V. v. Asiarim Corporation et al
| C=Holdings B.V. |
| Asiarim Corporation, Leveraged Marketing Corporation of America, John Does Nos. 1-99 and ABC Corporations 1-5 |
| Reorient Financial Markets (USA) LLC and GBC International Bank |
| 1:2012cv00928 |
| February 6, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J Sullivan |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2014. A more recent docket listing may be available from PACER.
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| Filing 112 LETTER addressed to Judge Richard J. Sullivan from Oscar N. Pinkas dated December 30, 2014 re: a reconsideration request concerning CHBVs previously submitted pre-motion letter. Document filed by Reorient Financial Markets (USA) LLC.(Pinkas, Oscar) |
Filing 111
ORDER: The Court is in receipt of the attached letter from Plaintiff, dated December 23, 2014, which requests clarification and modification of the Court's December 11, 2014 Order (Doc. No. 110), and the attached responsive letter from Defendant, dated December 29, 2014. Plaintiff seeks to show that "the monies in the [GBC Bank] Account are Asiarim's assets, or have been fraudulently transferred by means of changing the account holder." Plaintiff also states that it anticipates filing a separate action against GBC Bank for a writ of execution and turnover order" and that the Court would have diversity jurisdiction over such an action. Plaintiff's present intentions were not at all clear from its June 10, 2014 letter, which instead only put forth the substantive theory of veil-piercing to support its request for a writ of execution. (Doc. No. 104 (arguing that Asiarim's corporate veil should be pierced").) Accordingly, the Court denied Plaintiff's request without full briefing because it was clear that Plaintiff could not pursue its claim as a veil-piercing action. Plaintiff concedes as much in its December 23 letter, but now argues that the GBC Bank Account monies are in fact Asiarim's assets-a fact that Plaintiff now intends to demonstrate in a separate action. Because nothing in the Court's December 11 Order precludes Plaintiff from pursuing such an alternative means of obtaining its requested relief, the Court declines to modify its December 11 Order other than to correct a typographical error in the last sentence. The Court's Order should now read: "Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's request for a writ of execution and turnover order is deemed made and denied." (Signed by Judge Richard J. Sullivan on 12/29/2014) (mro)
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Filing 110
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendant's request for a writ of execution and turnover order is deemed made and denied. (Signed by Judge Richard J. Sullivan on 12/11/2014) (mro)
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Filing 109
MEMO ENDORSEMENT on re: #108 Letter filed by Asiarim Corporation. ENDORSEMENT: IT IS HEREBY ORDERED THAT Defense counsel's motion to withdraw is DENIED. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/17/2014) (ajs)
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| Filing 108 LETTER addressed to Judge Richard J. Sullivan from Fredric H. Aaron dated June 17, 2014 re: Request for Leave to Withdraw as Attorney of Record. Document filed by Asiarim Corporation. (Attachments: #1 Affidavit)(Aaron, Fredric) |
| Filing 107 LETTER addressed to Judge Richard J. Sullivan from Oscar N. Pinkas dated 6/16/2014 re: CHBV's Pre-Motion Letter. Document filed by Reorient Financial Markets (USA) LLC.(Pinkas, Oscar) |
| Filing 106 FIRST LETTER addressed to Judge Richard J. Sullivan from GBC International Bank c/o Roger Yuen, Esq. dated 06/13/2014 re: In Response to Plaintiff's Pre-Motion Letter. Document filed by GBC International Bank.(Yuen, Roger) |
| Filing 105 LETTER addressed to Judge Richard J. Sullivan from Oscar N. Pinkas dated 06/12/2014 re: Pre-Motion Letter. Document filed by Reorient Financial Markets (USA) LLC.(Pinkas, Oscar) |
| Filing 104 LETTER addressed to Judge Richard J. Sullivan from Cozen O'Connor, Martin F. Gusy dated 6/10/14 re: Pre-Motion Letter. Document filed by C=Holdings B.V..(Weldon, Matthew) |
| Filing 103 FINAL JUDGMENT in favor of C=Holdings B.V. against Asiarim Corporation in the amount of $1,272,696.50. (Signed by Judge Richard J. Sullivan on 2/10/14) (Attachments: #1 Notice of Right to Appeal)(ml) (Main Document 103 replaced on 2/11/2014) (ml). |
| Terminate Transcript Deadlines (ml) |
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Filing 102
ORDER: Applying the calculations discussed above, the Court finds that Plaintiff is entitled to presumptive fees of $272,696.50. The Court discerns no case-specific factors -- and the parties identify none- that would warrant further adjustment of this presumptive amount. Accordingly, the Court will award Plaintiff attorneys' fees in the amount of $272,696.50. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/10/2014) (ama)
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| Filing 101 REPLY re: #100 Post Trial Memorandum. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 100 POST TRIAL MEMORANDUM. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Filing 99 AFFIDAVIT of Martin F. Gusy in Support re: #97 Order,,,,,,,,. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 98 AFFIDAVIT of Eugene Van Os in Support re: #97 Order,,,,,,,,. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
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Filing 97
MEMORANDUM AND ORDER: For the reasons stated above, the Court finds in favor of C=Holdings on its Lanham Act claims, and awards statutory damages in the amount of $1,000,000. The Court also finds in favor of C=Holdings on its state law claims for trademark infringement, unfair competition, and tortious interference with prospective business advantage, and enters a declaratory judgment that C=Holdings owns the Commodore trademarks and that Asiarim infringed on those marks. The Court also finds that C=Holdings failed to meet its burden of proof with respect to its claims for libel, tortious interference with contract, deceptive trade practices and unjust enrichment under New York state law. Finally, the Court will grant the following injunctive relief as part of its final judgment: (1) Asiarim is permanently enjoined from using or claiming ownership of the Commodore trademarks without C=Holdings's express authorization. (2) Asiarim is ordered to submit a corrective statement to the SEC regarding C=Holdings's ownership of the trademarks, subject to the Court's approval. The parties shall submit joint, proposed statements to the Court, which the Court will approve for submission. (3) Asiarim is ordered to post corrective advertising on its website and submit a corrective statement to Manomio, LMCA, and other customers. The parties shall submit joint, proposed statements to the Court, which the Court will then approve for publication. No later than January 3, 2014, C=Holdings shall submit a fee application to the Court, including a sworn declaration providing each attorney's background, experience, and billing rate at the time the work was expended, as well as copies of the attorneys' time sheets. Asiarim may submit papers opposing the amount of fees requested, but not the imposition of fees themselves, no later than January 10, 2014. The parties shall submit the joint, proposed corrective statements no later than January 3, 2014. C=Holdings shall submit a proposed judgment pursuant to Federal Rule of Civil Procedure 58 no later than January 3, 2014. (Signed by Judge Richard J. Sullivan on 12/16/2013) (tn)
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| Filing 96 NOTICE OF CHANGE OF ADDRESS by Matthew Jason Weldon on behalf of C=Holdings B.V.. New Address: Cozen O'Connor, 45 Broadway, New York, New York, 10006, 212-453-3724. (Weldon, Matthew) |
| Filing 95 NOTICE OF CHANGE OF ADDRESS by Martin Frederik Gusy on behalf of All Plaintiffs. New Address: Cozen O'Connor, 45 Broadway, 16th Floor, New York, NY, USA 10006, 2125099400. (Gusy, Martin) |
| Filing 94 POST TRIAL MEMORANDUM. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Filing 93 POST TRIAL MEMORANDUM. Document filed by C=Holdings B.V..(Weldon, Matthew) |
| Filing 92 POST TRIAL MEMORANDUM. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Jury Trial completed on 5/7/2013. (ja) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Jury Trial held on 5/7/2013. Trail continued on May 7, 2013 in Courtroom 905 with Judge Richard J. Sullivan presiding. Attorneys Martin Frederik Gusy and Matthew Jason Weldon were present for Plaintiff. Attorneys Frederic Harlan Aaron and David E. Price were present for Defendant. Court reporter present. Trial continued at approximately 9:35 a.m. The parties were ordered to submit post-trial memoranda no later than June 5, 2013. (ja) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Jury Trial begun on 5/6/2013. The Court held trial on May 6, 2013 in Courtroom 905 with Judge Richard J. Sullivan presiding. Attorneys Martin Frederik Gusy and Matthew Jason Weldon were present for Plaintiff. Attorneys Frederic Harlan Aaron and David E. Price were present for Defendant. Court reporter present. (ja) |
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Filing 91
ORDER: The Court is in receipt of the parties' joint letter, dated April 18,2013, requesting that 12 Civ. 928 proceed to trial as scheduled on May 6, 2013 and that 13 Civ. 2376 proceed on a separate schedule. Accordingly, IT IS HEREBY ORDERED that trial in 12 Civ. 928 will proceed as previously ordered. An initial conference will be scheduled in 13 Civ. 2376 in a separate order. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/25/2013) (ama)
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Filing 90
ORDER: Accordingly, IT IS HEREBY ORDERED that the parties submit a joint letter no later than 4/22/2013 advising the Court as to whether trial in 12 Civ. 928 may proceed and outlining the contemplated discovery schedule in 13 Civ. 2376. (Signed by Judge Richard J. Sullivan on 4/17/2013) (tro)
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Filing 89
ORDER: Accordingly, IT IS HEREBY ORDERED THAT the parties to the above- captioned actions shall submit a joint letter to the Court no later than April 19, 2013 advising the Court of the impact of the newly filed action on the pending action, which is scheduled to proceed to trial on May 6, 2013. Specifically, the parties should determine the time line for discovery in the new action and whether trial in the pending action should be delayed so that these actions may be tried together. (Signed by Judge Richard J. Sullivan on 4/12/2013) (tro)
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| Filing 88 AFFIDAVIT of Donald Ruan dated April 8, 2013. Document filed by Asiarim Corporation. (Aaron, Fredric) |
| Filing 87 AFFIDAVIT of Ben Van Wijhe dated April 8, 2013. Document filed by Asiarim Corporation. (Aaron, Fredric) |
| Filing 86 AFFIDAVIT of Joannes Coenrades Maria Hovers dated April 8, 2013. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 85 AFFIDAVIT of Eugene van Os dated April 8, 2013. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 84 AFFIDAVIT of Albertus Wilhelmus Maria Ebben dated April 8, 2013. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 83 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Martin Frederik Gusy to RE-FILE Document #79 Affidavit in Support of Motion, #80 Affidavit in Support of Motion, #81 Affidavit in Support of Motion. Use the event type Affidavit (non-motion) found under the event list Other Answers. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Martin Frederik Gusy to E-MAIL Document No. #78 Joint Pretrial Order to Judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi) |
| Filing 82 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by C=Holdings B.V..(Weldon, Matthew) |
| Filing 81 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Albertus Wilhelmus Maria Ebben in Support re: #78 JOINT MOTION for Pre-Trial Order.. Document filed by C=Holdings B.V.. (Gusy, Martin) Modified on 4/9/2013 (ldi). |
| Filing 80 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Joannes Coenrades Maria Hovers in Support re: #78 JOINT MOTION for Pre-Trial Order.. Document filed by C=Holdings B.V.. (Gusy, Martin) Modified on 4/9/2013 (ldi). |
| Filing 79 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Eugene van Os in Support re: #78 JOINT MOTION for Pre-Trial Order.. Document filed by C=Holdings B.V.. (Gusy, Martin) Modified on 4/9/2013 (ldi). |
| Filing 78 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Pre-Trial Order. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A - Stipulation of Facts, #2 Exhibit B - Pl Deposition Designations and Def Cross-Designations, #3 Exhibit C - Pl Proposed Trial Exhibits, #4 Exhibit D - Def Proposed Trial Exhibits, #5 Exhibit E - Motion in Limine)(Gusy, Martin) Modified on 4/9/2013 (ldi). |
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Filing 77
ORDER: For the reasons stated on the record at the February 15, 2013 conference, IT IS HEREBY ORDERED THAT the parties shall, no later than April 8, 2013, submit a Joint Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required pretrial by the Federal Rule of Civil Procedure 26(a)(3) and the information listed herein. Finally, for the reasons stated on the record at the February 15, 2013 conference, IT IS FURTHER ORDERED THAT Defendant Asiarim will comply with the Court's January 31, 2013 Order no later than March 1, 2013. ( Proposed Pretrial Order due by 4/8/2013.) (Signed by Judge Richard J. Sullivan on 2/22/2013) (mro) Modified on 2/26/2013 (mro).
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| Minute Entry The Court held a post-discovery conference on February 15, 2013 in Courtroom 21C with Judge Richard J. Sullivan presiding. Attorneys Martin Gusy and Matthew Weldon were present for Plaintiff. Attorneys Fredric Aaron and David E. Price were present for Defendant. Trial in this matter was scheduled for May 6, 2013 for proceedings held before Judge Richard J. Sullivan: Status Conference held on 2/15/2013, ( Ready for Trial by 5/6/2013.). (js) |
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Filing 76
STIPULATION AND ORDER OF PRECLUSION: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant Asiarim Corporation that Asiarim Corporation shall be precluded from presenting any testimony of Messers. Xu Xiong, Hung Leung, Te Hwai (Cecil) Ho and Ernest Yuen at trial or in support of or opposition to any motion. (Signed by Judge Richard J. Sullivan on 2/4/2013) (ago) Modified on 2/6/2013 (ago).
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Filing 75
ORDER: Accordingly, the Court HEREBY ORDERS Defendant Asiarim Corp. to compensate Plaintiff for the $2,575.76 in expenses stemming from the cancelled August 2012 depositions. The Clerk of Court is respectfully directed to terminate the motion located at docket number 68. (Signed by Judge Richard J. Sullivan on 1/31/2013) (cd)
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Filing 74
ORDER: that the deadline for the parties to submit any post-discovery, pre-motion letter shall be extended to Friday, February 1, 2013; should any party submit a pre-motion letter, the opposing party shall submit a reply within three business days. (Signed by Judge Richard J. Sullivan on 1/30/2013) (cd)
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Filing 73
ORDER granting #68 Motion for Sanctions. Defendants to compensate Plaintiff for the $2,278.56 in expenses stemming from the cancelled August 2012 depositions. The Clerk of Court is respectfully directed to terminate the motion located at docket number 68. (Signed by Judge Richard J. Sullivan on 1/29/2013) (cd)
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Filing 72
ORDER: IT IS HEREBY ORDERED THAT discovery in this matter shall be extended through Wednesday, January 30, 2013. IT IS FURTHER ORDERED THAT by December 7, 2012, Defendant shall search the following e-mail accounts and deliver all responsive documents and communication contained therein to Plaintiff: commodorecorp@live.com, corporate@asiarim.net, corporate1 @asiarim.net, xuxiong@asiarim.net, cho@asiarim.net, corp.asiarim@gmail.com, cho@ggtel.net, asiarim2000@gmail.com, cecil@ggtel.net and xuxiong@szcail.com. IT IS FURTHER ORDERED THAT by December 12,2012 Plaintiffs shall serve Defendant with any follow-up requests on documentation production and/or interrogatories, and Defendant shall respond thereto by January 11, 2012. IT IS FURTHER ORDERED THAT between January 21, 2013 and January 30, 2013, all depositions shall be completed at the offices of Gusy Vander Zandt LLP in New York. Finally, IT IS FURTHER ORDERED THAT the post-discovery conference currently scheduled for Friday, December 21, 2012 at 3:30p.m. is adjourned, and the parties shall appear for a post-discovery conference on Friday, 2/15/2013 at 2:30 p.m.If a party contemplates a post-discovery motion, it shall submit a pre-motion letter in accordance with my Individual Practices no later than January 30, 2013. IT IS FURTHER ORDERED THAT, should any party submit a pre-motion letter, the opposing party shall submit a reply within three business days. ( Status Conference set for 2/15/2013 at 02:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/29/2012) (tro)
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| Set/Reset Deadlines: Discovery due by 1/30/2013. (tro) |
| Filing 71 AFFIDAVIT of Eugene van Os in Support re: #68 MOTION for Sanctions for expenses related to the cancelled depositions discussed on the record at the October 25, 2012 hearing.. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 70 DECLARATION of Martin F. Gusy in Support re: #68 MOTION for Sanctions for expenses related to the cancelled depositions discussed on the record at the October 25, 2012 hearing.. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 69 MEMORANDUM OF LAW in Support re: #68 MOTION for Sanctions for expenses related to the cancelled depositions discussed on the record at the October 25, 2012 hearing.. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 68 MOTION for Sanctions for expenses related to the cancelled depositions discussed on the record at the October 25, 2012 hearing. Document filed by C=Holdings B.V..(Weldon, Matthew) |
| Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/25/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) |
| Filing 66 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/25/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2012. Redacted Transcript Deadline set for 12/17/2012. Release of Transcript Restriction set for 2/14/2013.(Moya, Goretti) |
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Filing 65
ORDER: For the reasons stated on the record at the October 25, 2012 conference, IT IS HEREBY ORDERED THAT discovery in this matter shall be extended through Friday, November 30, 2012. All document production and depositions shall be completed by that date. IT IS FURTHER ORDERED THAT that Plaintiff shall submit its motion for expenses and supporting documentation related to the cancelled depositions discussed on the record no later than Friday, November 30, 2012; that Defendant shall respond no later than December 14, 2012; and that Plaintiff shall reply by December 21, 2012. Finally, IT IS FURTHER ORDERED THAT the parties shall appear for a post-discovery conference on Friday, December 21, 2012 at 3:30 p.m. If any party contemplates a post-discovery motion, it shall submit a pre-motion letter in accordance with my Individual Practices no later than November 30, 2012. IT IS FURTHER ORDERED THAT, should any party submit a pre-motion letter, the opposing party shall submit a reply within three business days., ( Deposition due by 11/30/2012., Discovery due by 11/30/2012., Motions due by 11/30/2012., Responses due by 12/14/2012., Replies due by 12/21/2012.), ( Status Conference set for 12/21/2012 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/26/2012) (lmb)
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| Minute Entry The Court held a pre-motion conference on October 25, 2012 in Courtroom 21C with Judge Richard J. Sullivan presiding. Attorneys Martin Frederik Gusy and Matthew Jason Weldon were present for Plaintiff. Attorneys Frederic Harlan Aaron and David E. Price were present for Defendant. Court reporter present. for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 10/25/2012. (js) |
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Filing 64
ENDORSED LETTER addressed to Judge Richard J. Sullivan, from Martin F. Gusy, dated 9/18/2012, re: request that the post-discovery conference currently scheduled by the Court for Thursday, October 18, 2012 at 10:00 a.m. be rescheduled to Thursday, October 25, 2012 at a time convenient for the Court. ENDORSEMENT: IT IS HEREBY ORDERED THAT the post-discovery conference scheduled for Thursday, October 18, 2012 at 10:00 a.m. will instead take place on Thursday, October 25, 2012 at 11:00 a.m. ( Status Conference set for 10/25/2012 at 11:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 9/19/2012) (ja)
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Filing 63
ORDER: Post-Discovery Conference set for 10/18/2012 at 10:00 AM before Judge Richard J. Sullivan. If any party contemplates a post-discovery motion, it shall submit a pre-motion letter in accordance with my Individual Practices no later than October 4, 2012. IT IS FURTHER ORDERED THAT, should any party submit a pre-motion letter, the opposing party shall submit a reply within three business days. (Signed by Judge Richard J. Sullivan on 9/11/2012) (ft)
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| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/13/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/13/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.(McGuirk, Kelly) |
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Filing 60
ORDER: IT IS HEREBY ORDERED THAT Plaintiff's request to depose Te Hwai (Cecil) Ho and Ernest Yuen for seven hours each at the offices of Gusy Van der Zandt in New York is granted. The parties shall conduct the depositions no later than August 31, 2012. IT IS FURTHER ORDERED THAT Plaintiff's motion for sanctions is deemed made and denied without prejudice to renewal after the close of discovery, which includes the above mentioned depositions. IT IS FURTHER ORDERED THAT Plaintiff's request "that the Court order that Defendant turn over to Plaintiff the 'Asiarim computer' or any other computer used for drafting such documentation for forensic inspection" is denied without prejudice to renewal. The parties are directed to meet and confer to discuss the necessity, costs, and logistics of Plaintiff's request, and, if the Court's involvement in this matter is necessary, the parties shall submit a joint letter pursuant to Rule 2(G) of my Individual Practices describing "concisely the issues in dispute and the respective position of each party, [and] citing the applicable authority that the respective parties claim for support.", ( Deposition due by 8/31/2012.) (Signed by Judge Richard J. Sullivan on 7/31/2012) (lmb)
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Filing 59
ORDER: The Court is in receipt of a letter from Plaintiff, dated July 30, 2012, requesting to "renew its pre-motion letter for sanctions against Asiarim Corporation." The Court is also in receipt of a July 30, 2012 letter from Plaintiff, requesting leave to depose additional witnesses. Pursuant to my Individual Practices, IT IS HEREBY ORDERED THAT Defendant shall respond to Plaintiffs letter no later than Thursday, August 2, 2012. (Signed by Judge Richard J. Sullivan on 7/30/2012) (js)
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| CASHIERS OFFICE REMARK on 57 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/19/2012, Receipt Number 1044103. (jd) |
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Filing 58
ORDER FOR ADMISSION PRO HAC VICE granting 57 Motion for David E. Price to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/20/2012) (cd)
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| Filing 57 MOTION for David E. Price to Appear Pro Hac Vice. Document filed by Asiarim Corporation.(pgu) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 7/18/2012. (tro) |
| CASE NO LONGER REFERRED to Magistrate Judge James L. Cott. Reason: I held a settlement conference with the parties today, but was unable to settle the case. (ft) |
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Filing 56
ORDER: As stated on the record at today's conference, IT IS HEREBY ORDERED THAT Defendant Asiarim Corporation shall turn over to Plaintiff all remaining relevant documents no later than Friday, July 20, 2012. Plaintiff shall conduct depositions of Mr. Ben Van Wijhe, Mr. Xu Xiong, Mr. Hung Leung, and Mr. Donald Ruan, at the offices of Plaintiffs counsel, no later than August 10, 2012. (Signed by Judge Richard J. Sullivan on 7/13/2012) (js)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 7/13/2012. Counsel for all parties present, court reporterpresent. (djc) |
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Filing 55
ORDER: pursuant to my Individual Practices, Defendant shall respond toPlaintiffs letter no later than Monday, July 9, 2012. IT IS FURTHER ORDERED THAT the Court will address Plaintiffs contemplated motion at the conference scheduled for July 13, 2012. (Signed by Judge Richard J. Sullivan on 7/5/2012) (cd)
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Filing 54
ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Martin F. Gusy, Esq. dated 7/02/2012 re: We have assembled the following dates during which both Plaintiff and Defendant Asiarim will be available for a settlement conference. ENDORSEMENT: The Settlement Conference will take Place on July 18, 2012 at 2:00 p.m. in Courtroom 18A. Ex-parte Settlement Letters Are Due on July 11, 2012 per the Court's Rules for Settlement Conferences. SO ORDERED., ( Settlement Conference set for 7/18/2012 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 7/03/2012) (ama)
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Filing 53
ORDER: The Court is in receipt of Plaintiff's June 28, 2012 application for an "an order to show cause for preclusion of evidence and sanctions," in which Plaintiff asks the Court to preclude Defendant from "referring to, relying upon, or introducing evidence at trial of any and all information and/or documentation not produced to Plaintiff before discovery ended," and "for sanctions pursuant to FRCP 37 and the inherent powers of the Court." The Court can think of no reason for Plaintiff's requests to proceed via order to show cause. Accordingly, IT IS HEREBY ORDERED THAT if Plaintiff wishes to pursue these requests, it should do so by submitting a pre-motion letter in accordance with my Individual Practices. (Signed by Judge Richard J. Sullivan on 7/2/2012) (mro)
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Filing 52
ORDER. The Court is in receipt of a letter from Plaintiff, dated June 18, 2012, requesting a pre-motion conference in connection with Plaintiff's contemplated motion for summary judgment. The Court is also in receipt of a letter from Defendant, dated June 22, 2012, in response. The Court notes that Plaintiff's 5-page letter violates Rule 2.A of my Individual Practices, which states that pre-motion letters shall not exceed three pages in length. However, Plaintiff's request for a pre-motion conference is granted. Accordingly, IT IS HEREBY ORDERED THAT the post-discovery conference currently scheduled for Friday, July 13, 2012, shall also function as a pre-motion conference. (Signed by Judge Richard J. Sullivan on 6/29/2012) (bw)
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Filing 51
ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Martin F. Gusy dated 6/08/2012 re: We are writing to request an extension of the date by which the parties are to contact Your Honor to July 2, 2012. ENDORSEMENT: Parties shall contact the Court by July 7, 2012. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/11/2012) (ama)
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Filing 50
ORDER SCHEDULING SETTLEMENT CONFERENCE: By order dated March 26, 2012, Judge Sullivan directed the parties to contact me by June 1 to schedule a settlement conference. (Dkt. No. 38). Having heard nothing from the parties, the Court directs the parties to submit a letter identifying dates for a settlement conference no later than June 11, 2012. (Signed by Magistrate Judge James L. Cott on 6/7/2012) (lmb)
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| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/1/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 48 TRANSCRIPT of Proceedings re: CONFERNCE held on 5/1/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly) |
| Filing 47 RULE 26 DISCLOSURE.Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 5/1/2012. Counsel for both parties present, court reporter present. (mro) |
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Filing 46
ORDER: IT IS HEREBY ORDERED THAT the deadlines in the current case management plan in the above-captioned case are extended by 30 days. Accordingly, the parties shall abide by the following schedule: Initial disclosures shall be completed no later than May 2, 2012; Initial requests for production of documents shall be served by May 16, 2012 and shall be responded to by May 30, 2012; Interrogatories shall be served by May 16, 2012 and shall be responded to by May 30, 2012; Depositions shall be completed by June 15, 2012; Requests to admit shall be served no later than May 28, 2012; All expert discovery shall be completed no later than June 18, 2012. IT IS FURTHER ORDERED THAT if either party contemplates a post-discovery motion, it shall submit a pre-motion letter to the Court no later than June 18, 2012. The Court will conduct a post-discovery conference on Friday, July 13, 2012 at 4:30p.m. The Court will not grant any extensions regarding discovery absent truly compelling circumstances. IT IS HEREBY ORDEREDTHAT Plaintiffs contemplated motion to dismiss Defendants counterclaims is deemed made and granted. Accordingly, the counterclaims asserted in Defendants answer are dismissed. SO ORDERED. ( Expert Discovery due by 6/18/2012., Interrogatories due by 5/16/2012., Responses due by 5/30/2012) (Signed by Judge Richard J. Sullivan on 5/01/2012) (ama)
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Filing 45
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Martin F. Gusy dated 4/25/2012 re: Counsel requests the pre-motion conference scheduled for 5/3/12 at 9:30 a.m., be rescheduled to 5/1/12 at 11:30 a.m. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 4/25/2012) (jfe)
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| Set/Reset Hearings: Pre-Motion Conference set for 5/1/2012 at 11:30 AM before Judge Richard J. Sullivan. (jfe) |
| Filing 44 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Fredric H. Aaron dated 4/12/2012 re: counsel for Defendant writes to request an adjournment of the pre-motion conference in this matter scheduled for April 27, 2012 at 9:30 AM. ENDORSEMENT: the pre-motion conference shall be rescheduled for Thursday, May 3, 2012 at 9:30 a.m.., ( Pre-Motion Conference set for 5/3/2012 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/12/2012) (pl) Modified on 4/12/2012 (pl). |
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Filing 43
ORDER: In accordance with any Individual Practices, Defendant shall respond to Plaintiff's premotion letter no later than 4/12/2012. The oral argument scheduled for Thursday, 4/12/2012 in connection with Plaintiff's contemplated motion for summary judgment is adjourned. The parties shall appear Friday, 4/27/2012 at 9:30 am for a premotion conference. In the meantime, discovery shall proceed in accordance with the parties' case management plan (Doc. No. 39). (Signed by Judge Richard J. Sullivan on 4/10/2012) (cd)
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| Set/Reset Hearings: Pre-Motion Conference set for 4/27/2012 at 09:30 AM before Judge Richard J. Sullivan. (cd) |
| Filing 42 ANSWER to #1 Complaint., COUNTERCLAIM against C=Holdings B.V.. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Filing 41 NOTICE OF CHANGE OF ADDRESS by Matthew Jason Weldon on behalf of C=Holdings B.V.. New Address: GUSY VAN DER ZANDT LLP, 261 Madison Avenue, 15th Floor, New York, New York, USA 10016, 646-502-8066. (Weldon, Matthew) |
| Filing 40 NOTICE OF CHANGE OF ADDRESS by Martin Frederik Gusy on behalf of C=Holdings B.V.. New Address: GUSY VAN DER ZANDT LLP, 261 Madison Avenue, 15th Floor, New York, New York, USA 10016, 646-502-8066. (Gusy, Martin) |
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Filing 39
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 USC 636(c). Jury trial. Deposition due by 5/15/2012. Fact Discovery due by 5/15/2012, and as further set forth in this document. All Discovery due by 5/18/2012. Post-discovery Conference set for 5/31/2012 at 04:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 3/26/2012) (cd)
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Filing 38
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement (The parties shall contact the designated Magistrate Judge to schedule a settlement conference by: June 1, 2012). Referred to Magistrate Judge James L. Cott. (Signed by Judge Richard J. Sullivan on 3/26/2012) (cd)
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Filing 37
ORDER: Defendant shall respond to the motion for summary judgment no later than March 26, 2012. The parties shall appear for a conference on Thursday, April 12, 2012 at 12:45 p.m., for oral argument regarding Plaintiff's contemplated motion. The parties are reminded to comply with the Order dated March 20, 2012, instructing the parties to submit a proposed case management plan no later than March 27, 2012. The Court will address the parties' proposed case management plan at the April 12, 2012 conference. (Responses due by 3/26/2012. Oral Argument set for 4/12/2012 at 12:45 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/21/2012) (ab)
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Filing 36
ORDER. Although the above-captioned matter was designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (Doc. No. 2), given the parties' agreement as to "98% of the allegations in the Complaint filed by the Plaintiff," the Court concludes that it would be more appropriately handled with standard case management techniques. Accordingly, the parties are HEREBY ORDERED to re-submit a proposed case management plan based on my standard template, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=347, no later than March 27, 2012. (Signed by Judge Richard J. Sullivan on 3/20/2012) (rjm)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Show Cause Hearing held on 3/2/2012. (js) |
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Filing 35
ORDER: IT IS HEREBY ORDERED THAT Plaintiffs motion for a preliminary injunction and temporary restraining order is denied. IT IS FURTHER ORDERED THAT Defendant Asiarim's motion to dismiss is denied without prejudice to renew. Defendant Asiarim shall answer the Complaint, or otherwise respond, no later than April 2, 2012. IT IS HEREBY ORDERED THAT the parties shall submit a proposed case management plan based on the attached template for cases designated under the SDNY Pilot Project for Complex Civil Cases and a joint letter setting forth any other relevant facts and discovery suggestions not covered by the template no later than March 16, 2012.. (Signed by Judge Richard J. Sullivan on 3/2/2012) (js)
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| Set/Reset Deadlines: Asiarim Corporation answer due 4/2/2012. (js) |
| Filing 33 DECLARATION of Fredric H. Aaron., DECLARATION of Fredric H. Aaron in Opposition. Document filed by Asiarim Corporation. (Aaron, Fredric) |
| Filing 32 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Asiarim Corporation.(Aaron, Fredric) |
| Filing 31 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Entry of a Temporary Restraining Order and a Preliminary Injunction. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 30 DECLARATION of Martin F. Gusy, Esq. in Support. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weldon, Matthew) |
| Filing 29 DECLARATION of Carl M.R. van der Zandt, Esq. in Support. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 28 AFFIDAVIT of Raymond Uhlir in Support. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J-1, #11 Exhibit J-2, #12 Exhibit J-3, #13 Exhibit K)(Weldon, Matthew) |
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Filing 34
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Martin F. Gusy dated 2/29/2012 re: counsel for plaintiff writes that because the original date set for Plaintiff's reply to Defendant's response in the Court's February 16, 2012 Order passed yesterday, Plaintiff respectfully requests that it be permitted to submit a reply to Defendant's response by no later than tomorrow, March 1, 2012 at 12:00 p.m. ENDORSEMENT: So Ordered., ( Replies due by 3/1/2012.) (Signed by Judge Richard J. Sullivan on 2/29/2012) (pl) Modified on 3/1/2012 (pl).
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Fredric Harlan Aaron to RE-FILE Document #27 Declaration in Opposition to Motion. ERROR(S): Document linked to filing error. Re-File using Event Type Declaration in Opposition (non-motion) found under OTHER ANSWERS. (db) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Fredric H. Aaron in Opposition re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery.. Document filed by Asiarim Corporation. (Aaron, Fredric) Modified on 3/1/2012 (db). |
| Filing 26 DECLARATION of Fredric H. Aaron in Support re: #25 SECOND MOTION to Dismiss.. Document filed by Asiarim Corporation. (Aaron, Fredric) |
| Filing 25 SECOND MOTION to Dismiss. Document filed by Asiarim Corporation. Responses due by 3/1/2012 Return Date set for 3/2/2012 at 09:00 AM.(Aaron, Fredric) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Fredric H. Aaron in Opposition re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery. Document filed by Asiarim Corporation. (Aaron, Fredric) Modified on 2/29/2012 (ldi). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Fredric Harlan Aaron to RE-FILE Document #24 Declaration in Opposition to Motion. ERROR(S): Document linked to filing error. NOTE: You may re-file using the event type Declaration in Opposition (non-motion) found under the event list Other Answers. (ldi) |
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Filing 23
ORDER denying #20 Motion to Dismiss. Defendant filed a motion to dismiss and an accompanying declaration of Frederic H. Aaron in support of the motion. Because Defendant did not comply with my Individual Practices, which requires that parties submit a pre-motion letter "setting forth the basis for the anticipated motion," Defendant's motion IS HEREBY DENIED without prejudice. If Defendant wishes to pursue its contemplated motion, it shall file a pre-motion letter, pursuant to Rule 2(A) of my Individual Practices, no later than Wednesday, February 29, 2012 at noon. If Defendant submits a pre-motion letter, Plaintiff shall respond by letter, as detailed in my Individual Practices, no later than Thursday, March 1, 2012 at 4:00 p.m. IT IS FURTHER ORDERED THAT if Defendant intends to oppose Plaintiffs motion for a preliminary injunction and temporary restraining order, it shall file its opposition brief forthwith and in no event later than Wednesday, February 29, 2012 at noon. (Signed by Judge Richard J. Sullivan on 2/28/2012) (mro) Modified on 3/1/2012 (mro).
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| Set/Reset Deadlines: Responses due by 2/29/2012 (mro) |
| Filing 22 AFFIDAVIT OF SERVICE. Asiarim Corporation served on 2/15/2012, answer due 3/7/2012. Service was accepted by Amanda Cardinalli, President of Nevada Agency and Transfer Company, Registered Agent of Asiarim Corporation. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 21 DECLARATION of Fredric H. Aaron, Esq. in Support re: #20 FIRST MOTION to Dismiss.. Document filed by Asiarim Corporation. (Aaron, Fredric) |
| Filing 20 FIRST MOTION to Dismiss. Document filed by Asiarim Corporation. Responses due by 3/2/2012 Return Date set for 3/2/2012 at 09:00 AM.(Aaron, Fredric) |
| Filing 19 NOTICE OF APPEARANCE by Fredric Harlan Aaron on behalf of Asiarim Corporation (Aaron, Fredric) |
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Filing 18
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: Plaintiff and LMCA hereby agree that the above-captioned action Is dismissed and discontinued with prejudice, as to LMCA only, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 2/27/2012) (cd)
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Filing 17
ENDORSED LETTER addressed to Judge Richard J. Sullivan from David E. Price, Esq. dated 2/24/2012 re: Counsel for the defendant requests that their answer due date be extended to Monday, 2/27/2012. ENDORSEMENT: SO ORDERED. Asiarim Corporation answer due 2/27/2012. (Signed by Judge Richard J. Sullivan on 2/24/2012) (ft)
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Filing 16
ORDER: The Court is in receipt of a submission from Plaintiff, claiming that Defendant Asiarim Corp. recently stated to a third party that "Asiarim is, through its subsidiaries, very much the full, complete, legal and sole owner of the 'Commodore' Trade Marks, Brand names, and all rights pertinent thereto," and requesting permission to renew Plaintiff's request for a temporary restraining order. The request is HEREBY DENIED. Plaintiff may include this new evidence in its reply submission to be filed as directed by the Court's February 17, 2012 Order. (Signed by Judge Richard J. Sullivan on 2/24/2012) (lmb)
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| Filing 15 MEMORANDUM OF LAW in Support of Plaintiff's Ex Parte Application for Entry of a Temporary Restraining Order and an Order to Show Cause for a Preliminary Injunction and Limited Expedited Discovery. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 14 DECLARATION of Martin F. Gusy, Esq. in Support. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A)(Weldon, Matthew) |
| Filing 13 AFFIDAVIT of Tino van den Heuvel in Support. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 12 AFFIDAVIT of Wilhelmus Maria Ebben in Support. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Weldon, Matthew) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by C=Holdings B.V..(Weldon, Matthew) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew Jason Weldon to MANUALLY RE-FILE Document No. #5 Proposed Order to Show Cause, with the Orders and Judgments Department. This document is not filed via ECF. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Jason Weldon to RE-FILE Document #6 Affidavit in Support of Motion, #7 Affidavit in Support of Motion, #8 Declaration in Support of Motion, #9 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error. NOTE: The Affidavits are missing the case number. You may re-file supporting documents using the following event types: Affidavit in Support (non-motion), Declaration in Support (non-motion) and Memorandum of Law in Support (non-motion). The events are all found under event list Other Answers. (ldi) |
| Filing 10 CERTIFICATE OF SERVICE of Order of District Judge Richard J. Sullivan, dated February 16, 2012, Plaintiff's Proposed Order to Show Cause for a Preliminary Injunction and Order Granting a Temporary Restraining Order and Expedited Discovery, along with Exhibits A-C annexed thereto, Affidavit of Wilhelmus Maria Ebben, sworn the 6th day of February 2012, along with Exhibits A-K annexed thereto, Affidavit of Tino van den Heuvel, sworn the 6th day of February 2012, Declaration of Martin F. Gusy, Esq., dated February 16, 2012 and Plaintiff's Memorandum of Law in Support of Plaintiff's Ex Parte Application for Entry of a Temporary Restraining Order and an Order to Show Cause for a Preliminary Injunction and Limited Expedited Discovery, dated February 16, 2012, served on Defendants on 02/17/2012. Service was made by Mail and E-Mail. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery.. Document filed by C=Holdings B.V.. (Weldon, Matthew) Modified on 2/21/2012 (ldi). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Martin F. Gusy, Esq. in Support re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery.. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A)(Weldon, Matthew) Modified on 2/21/2012 (ldi). |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Tino van den Heuvel in Support re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery.. Document filed by C=Holdings B.V.. (Weldon, Matthew) Modified on 2/21/2012 (ldi). |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Wilhelmus Maria Ebben in Support re: #5 EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery.. Document filed by C=Holdings B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Weldon, Matthew) Modified on 2/21/2012 (ldi). |
| Filing 5 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - EX PARTE MOTION for Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction and Limited Expedited Discovery. Document filed by C=Holdings B.V.. Return Date set for 3/2/2012 at 12:00 PM. (Attachments: #1 Exhibit A - Interrogatories, #2 Exhibit B - Requests for Production, #3 Exhibit C - Complaint)(Weldon, Matthew) Modified on 2/21/2012 (ldi). |
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Filing 4
ORDER. IT IS HEREBY ORDERED THAT the parties abide by the following schedule: Plaintiff shall serve its submission on Defendants no later than February 17, 2012 and file a certificate of service as well as the submission itself via ECF; Defendants shall file their response no later than February 24, 2012; Plaintiff shall file its reply, if any, no later than February 28, 2012; The parties shall appear for a hearing in connection with Plaintiff's application on March 2, 2012 at 12:00 p.m. in Courtroom 21C of the United States District Court House, 500 Pearl Street, New York, New York. In the interim, Plaintiff's requests for a temporary restraining order and expedited discovery are HEREBY DENIED. (Responses due by 2/24/2012. Replies due by 2/28/2012.), (Hearing in connection with Plaintiff's application set for 3/2/2012 at 12:00 PM in Courtroom 21C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/16/2012) (rjm)
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| Filing 3 AFFIDAVIT OF SERVICE. Leveraged Marketing Corporation of America served on 2/9/2012, answer due 3/1/2012. Service was accepted by Margaret Smith, Managing Agent. Document filed by C=Holdings B.V.. (Weldon, Matthew) |
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (ama)
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| Filing 1 COMPLAINT against ABC Corporations 1-5, Asiarim Corporation, John Does Nos. 1-99, Leveraged Marketing Corporation of America. (Filing Fee $ 350.00, Receipt Number 8901)Document filed by C=Holdings B.V.(ama) |
| SUMMONS ISSUED as to ABC Corporations 1-5, Asiarim Corporation, John Does Nos. 1-99, Leveraged Marketing Corporation of America. (ama) |
| Magistrate Judge James L. Cott is so designated. (ama) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama) |
| Case Designated ECF. (ama) |
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