A.V.E.L.A., Inc. v. The Estate of Marilyn Monroe, LLC et al
| A.V.E.L.A., Inc. |
| The Estate of Marilyn Monroe, LLC, Bioworld Merchandising and Does 1through 10 |
| 1:2012cv04828 |
| June 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| James C. Francis |
| Andrew L. Carter |
| Copyrights |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
462
ORDER: On January 13, 2020 the Court issued an order explaining that trial in this action, with respect to Leo Valencia, will commence on June 1, 2020, at 9:00 a.m. (Dkt. #460). In the same order, the Court ordered the parties to appear for a final pretrial conference on May 18, 2020, at 3:00 p.m. (Id.). On February 4, 2020, the Court received a letter from counsel for the Estate parties indicating that they have been unable to contact Valencia. (Dkt. #461). The Court is concerne d by the Estates inability to get in touch with Valencia. The Court is also concerned by its own lack of contact information for Valencia, who is now pro se. Accordingly, the parties, including Leo Valencia, are ORDERED to appear for a teleph one conference on February 13, 2020, at 12:00 p.m. Eastern Standard Time. The dial-in information is as follows: At 12:00 p.m. Eastern Standard Time the parties shall call (888) 363-4749 and enter access code 6624801. Please note, the conference w ill not be available prior to 12:00 p.m. Eastern Standard Time. The Court will transmit this Order to Valencia's former counsel to ensure that Valencia receives this order. ( Telephone Conference set for 2/13/2020 at 12:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/4/2020) (mro)
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Filing
458
ORDER: Accordingly, Mr. Harley's motion to withdraw as counsel in this case is GRANTED. Mr. Harley is hereby ORDERED to transmit this Order to the AVELA Parties. Although the Court previously stated that the AVELA Parties would have to find n ew counsel by November 19, 2019, the Court will permit them to have new counsel enter a notice of appearance on the record by December 2, 2019. Any new counsel must be prepared to go to trial on any date selected by the Court. If counsel for the A VELA Parties does not file a notice of appearance on the record by December 2, 2019, then Leo Valencia will proceed to trial pro se, and the Court will enter default judgments as to the corporate entities that comprise the AVELA Parties. SO ORDERED. Attorney Duane Maurice Harley terminated. (Signed by Judge Katherine Polk Failla on 11/20/2019) (jca)
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Filing
456
ORDER: Accordingly, it is hereby ORDERED that: The trial scheduled to commence on January 13, 2020, is hereby ADJOURNED. Mr. Goodheart is relieved as counsel in this case. V. International Fine Arts Publishing, Inc. shall obtain new counsel who must file a notice of appearance on the record by December 31, 2019. Any new counsel must be prepared to go to trial on whatever date the Court selects. The telephone conference previously scheduled for November 19, 2019, is hereby ADJOURNED. Mr. Harl ey must still report to the Court, in writing, by November 19, 2019, as to whether he has worked out a payment plan with the AVELA Parties or whether he still seeks to withdraw. If the AVELA Parties and Mr. Harley have not worked out a payment plan by November 19, 2019, then AVELA must have new counsel file a notice of appearance by that date. Such new counsel must be prepared to go to trial on whatever new date the Court selects. The Clerk of Court is directed to terminate Mr. Goodheart as c ounsel for V. International Fine Arts Publishing, Inc. in this case. The Court expects that Mr. Goodheart will transmit this Order to his client, and will take such steps as are necessary to effectuate a smooth transition of the case file. (Attorney Gregory Goodheart terminated.) (Signed by Judge Katherine Polk Failla on 11/14/2019) (rro)
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Filing
397
OPINION AND ORDER. For the reasons set forth above, the Estate Parties' motion for summary judgment is GRANTED in part and DENIED in part. The AVELA Parties motion for summary judgment is DENIED. The AVELA Parties' motion to exclude expert testimony is DENIED. What remains for trial by jury are the Estate Parties' federal and state trademark claims, as well as their claim for intentional interference with prospective economic advantage; certain alter ego claims; and certain defens es raised by the AVELA Parties. The Clerk of Court is directed to terminate the motions at docket entries 334, 337, 354, 361, 364, and 369. The parties are hereby ORDERED to file a joint letter on or before March 1, 2019, advising the Court of the pa rties' availability for trial in the second half of 2019. SO ORDERED. re: 354 FIRST MOTION in Limine To Exclude Etate of Marilyn Monroe, LLC Expert Testimony filed by A.V.E.L.A., Inc., 361 MOTION for Summary Judgment filed by V. International Fine Arts Publishing, Inc., 334 MOTION for Summary Judgment filed by The Estate of Marilyn Monroe, LLC, Authentic Brands Group, LLC, James Salter, 369 MOTION for Summary Judgment filed by X One X Movie Archives Inc., A.V.E.L.A., Inc., Leo Valencia, 337 FIRST MOTION for Summary Judgment Pursuant to Federal Rule 56 filed by A.V.E.L.A., Inc. (Signed by Judge Katherine Polk Failla on 1/30/2019) (rjm)
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Filing
325
OPINION AND ORDER re: 290 MOTION to Dismiss V. INTERNATIONAL FINE ARTS PUBLISHING, INC. AND X ONE X MOVIE ARCHIVE, INCS AMENDED COUNTERCLAIMS. filed by The Estate of Marilyn Monroe, LLC, Authentic Brands Group, LLC, James Salter. For the reasons set forth above, the Estate Movants' partial motion to dismiss is GRANTED. The Clerk of Court is directed to terminate Docket Entry 290. The parties are hereby ORDERED to file a joint letter on or before March 19, 2018, advi sing the Court of the parties' present intent to file cross-motions for summary judgment, which were originally due on December 8, 2017, but were adjourned sine die pending the issuance of this Opinion. To the extent the parties still wish to file said motions, they are to include in their joint letter a proposed briefing schedule. (Signed by Judge Katherine Polk Failla on 3/5/2018) (kgo)
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Filing
279
OPINION AND ORDER re: 269 MOTION to Dismiss / NOTICE OF LEONARD GREEN & PARTNERS, L.P.'S JOINDER AND MOTION TO DISMISS X ONE X MOVIE ARCHIVE, INC.'S AMENDED COUNTERCLAIMS, filed by Leonard Green & Partners, L.P.; 250 MO TION to Dismiss V. INTERNATIONAL FINE ARTS PUBLISHING, INC. AND X ONE X MOVIE ARCHIVE, INCS CLAIMS, filed by The Estate of Marilyn Monroe, LLC, Authentic Brands Group, LLC, James Salter. For the reasons set forth above, LGP's motion to dismiss is GRANTED, and the Estate Movants' motion to dismiss is GRANTED IN PART and DENIED IN PART. The Court DISMISSES WITHOUT PREJUDICE the following counterclaims: (i) V. International's Counterclaims Three, Four, Five, and Six; and (ii) X One X's Counterclaims Three, Four, Five, Six, and Seven. Should V. International and/or X One X wish to amend their counterclaims, those amendments are due on or before April 3, 2017. On October 14, 2016, the Court issued an order stayin g discovery pending the resolution of the instant motions to dismiss. (Dkt. #278). That stay is hereby LIFTED. The parties are ORDERED to file a joint letter advising the Court of the status of discovery on or before April 10, 2017. The Clerk of Court is ORDERED to terminate Docket Entries 250 and 269. (Amended Pleadings due by 4/3/2017.) (Signed by Judge Katherine Polk Failla on 3/13/2017) (cla)
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Filing
215
OPINION AND ORDER re: 193 MOTION to Dismiss Claims in First Amended Counterclaim filed by X One X Movie Archives Inc.: For the foregoing reasons, the Movants' motions are GRANTED in part and DENIED in part. The Movants' m otions to dismiss the Monroe Estate's claim for deceptive business practices under General Business Law § 349 are granted. V. International's motion to dismiss the Monroe Estate's claims for alter-ego liability is also granted wit hout prejudice to the filing of an amended counterclaim. The Movants' motions to dismiss are denied with respect to all other claims. The parties are directed to participate in a telephone conference with the Court on Tuesday, September 29, 201 5, at 10:00 a.m. to discuss next steps in the case. The parties shall call Chambers at (212) 805-0290 with all parties on the line. The Clerk of Court is directed to terminate Docket Entry 193. (Signed by Judge Katherine Polk Failla on 9/18/2015) (tn)
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Filing
131
MEMORANDUM AND ORDER: granting 72 Motion for Leave to File Document. For the reasons stated above, the counter-plaintiff's motion to amend (Docket no. 72) is granted. Within one week of the date of this Order, counsel shall submit a proposed schedule for adjudicating the new claims. (Signed by Magistrate Judge James C. Francis on 7/24/2014); Copies Mailed By Chambers. (djc)
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Filing
129
MEMORANDUM AND ORDER: granting 114 Motion for Attorney Fees. For these reasons, AVELA is ordered to pay the Estate $58,012.61 in attorneys' fees and costs. (Signed by Magistrate Judge James C. Francis on 7/18/2014) Copies Mailed By Chambers. (djc)
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Filing
110
ORDER re: 95 MOTION for Reconsideration re; 79 Order on Motion for Sanctions. filed by A.V.E.L.A., Inc., Leo Valencia. For the reasons discussed above, the February 24, 2014 order stands. This resolves the motion for reconsideration (Docket no. 95). (Signed by Magistrate Judge James C. Francis on 4/11/2014) Copies Mailed By Chambers. (djc)
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