Zeebox Limited v. Asia TV USA, Ltd.
| Zeebox Limited |
| Asia TV USA, Ltd., Asia Today, Ltd. and Zee Entertainment Enterprises Limited |
| 1:2013cv03885 |
| June 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Valerie E Caproni |
| Trademark |
| 28 U.S.C. § 2201 dj |
| Both |
Docket Report
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Filing 31
STIPULATION OF DISMISSAL WITH PREJUDICE: Plaintiff/Counterclaim-Defendant zeebox Limited (currently doing business as Beamly Limited) ("Plaintiff"), by and through its counsel, Baker & Hostetler LLP, and Defendants/Counterclaim-Plaintiffs Asia TV USA, Ltd., Zee Entertainment Enterprises Limited and Asia Today Ltd. ("Defendants"), by and through their counsel, King & Spalding LLP,hereby stipulate and agree to the following: Plaintiff and Defendants have reached a settlement of this action; Pursuant to Federal Rule of Civil Procedure 41(a), all claims asserted in this action by Plaintiff against Defendants, all counterclaims asserted in this action by Defendants against Plaintiff, and any defenses raised by either Plaintiff or Defendants in this action are hereby dismissed with prejudice to the right of these parties asserting them in the future and All costs, expenses, and attorneys' fees shall be borne by the party incurring the same. IT IS HEREBY ORDERED. (Signed by Judge Valerie E. Caproni on 7/11/2014) (ama)
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Filing 30
STIPULATED ORDER EXTENDING DATES SET FORTH IN THE SCHEDULING ORDER OF THIS COURT: The parties to this litigation ("this Action") have reached a tentative resolution of their respective claims against each other; including those pending in the United Kingdom. A settlement agreement documenting the proposed terms and conditions is currently being circulated among the parties. Because settlement of the claims being asserted in both the US and UK actions is being addressed in the same document, the Parties respectfully request that the Court grant a 60 day extension of all upcoming dates set forth in this Court's Case Management Plan and Scheduling Order pending a dismissal of all claims. Parties are granted a 60 day adjournment of all upcoming dates as set forth in the Case Management Plan and Scheduling Order. (Signed by Judge Valerie E. Caproni on 3/6/2014) (djc)
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| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge P. Kevin Castel is no longer assigned to the case. (pgu) |
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Filing 29
ORDER granting #28 Motion for Marc A. Antonetti to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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| Filing 28 AMENDED MOTION for Marc A. Antonetti to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeebox Limited. (Attachments: #1 Text of Proposed Order)(Antonetti, Marc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 AMENDED MOTION for Marc A. Antonetti to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc A. Antonetti to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9242280. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeebox Limited. (Attachments: #1 Text of Proposed Order)(Antonetti, Marc) Modified on 1/9/2014 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #27 MOTION for Marc A. Antonetti to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9242280. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of Texas and from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
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Filing 26
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Plan is submitted by the parties in accordance with Fed. Rule Civ. Proc. 26(f)(3). All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. Sec. 636(c). This case is to be tried to a jury. Any motion to amend the complaint or to join additional parties shall be filed within 90 days from the date of this Order. Initial disclosures, pursuant to Rules 26(a)(1), Fed. R. Civ. P., shall be completed no later than November 13, 2013. All fact discovery shall be completed no later than May 2, 2014. Initial requests for production of documents to be served by November 13, 2013. The use of Interrogatories is governed by Local Rule 33.3.... and if a party chooses to propound such interrogatories, same are to be served by November 13, 2013. Depositions, excluding expert depositions, are to be completed by May 2, 2014. Requests to Admit are limited to 30 per side.... and are to be served no later than February 14, 2014. All expert discovery shall be completed no later than June 27, 2014. The parties' estimate of the length of trial is: 8 days. The parties' estimate of the trial ready date is: To Be Determined. The next Case Management Conference will be held on May 23, 2014 at 10:30 a.m. (See Order). Deposition due by 5/2/2014. Fact Discovery due by 5/2/2014. Expert Discovery due by 6/27/2014. Case Management Conference set for 5/23/2014 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/30/2013) (ja)
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| Filing 25 JOINT LETTER addressed to Judge P. Kevin Castel from Jason S. Oliver and Kathleen E. MCarthy dated October 25, 2013 re: Enclosing Revised Case Management Plan. Document filed by Zeebox Limited.(Oliver, Jason) |
| Filing 24 MEMO ENDORSEMENT on re: #22 Letter filed by Zeebox Limited. ENDORSEMENT: The Court strongly urges the parties to retain a competent private mediator -- of which there are many -- to assist the parties in the resolution of their worldwide dispute. Parties to fax a letter to Chambers by October 28, 2013 whether they agree to retain a mediator. (Deposition due by 5/2/2014. Expert Discovery due by 6/27/2014. Fact Discovery due by 5/2/2014.), (Case Management Conference set for 5/23/2014 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/17/2013) (ja) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 10/18/2013. Next conference is scheduled for May 23, 2014 at 10:30 a.m. (Nacanther, Florence) |
| Filing 23 ANSWER to #20 Counterclaim. Document filed by Zeebox Limited.(Oliver, Jason) |
| Filing 22 LETTER addressed to Judge P. Kevin Castel from Jason S. Oliver dated 10/11/13 re: Enclosing Proposed Case Management Plan. Document filed by Zeebox Limited.(Oliver, Jason) |
| Filing 21 JOINT LETTER addressed to Judge P. Kevin Castel from Jason S. Oliver and Kathleen E. McCarthy dated 10/11/13 re: Providing Case Information Pursuant to the Court's Order. Document filed by Zeebox Limited.(Oliver, Jason) |
| Filing 20 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Zeebox Limited. Document filed by Zee Entertainment Enterprises Limited, Asia Today, Ltd., Asia TV USA, Ltd.. (Attachments: #1 Exhibit Exhibit A)(Barta, Robert) |
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Filing 19
ORDER granting #18 Motion for Charles C. Carson to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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| Filing 18 AMENDED MOTION for Charles C. Carson to Appear Pro Hac Vice Filing Fee Receipt Number 0208-8858984. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeebox Limited. (Attachments: #1 D.C. Certificate of Good Standing, #2 Virginia Certificate of Good Standing, #3 Colorado Certificate of Good Standing, #4 Text of Proposed Order)(Carson, Charles) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 AMENDED MOTION for Charles C. Carson to Appear Pro Hac Vice Filing Fee Receipt Number 0208-8858984. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Zee Entertainment Enterprises Limited served on 9/13/2013, answer due 10/4/2013. Document filed by Zeebox Limited. (Oliver, Jason) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Asia Today, Ltd. served on 9/13/2013, answer due 10/4/2013. Document filed by Zeebox Limited. (Oliver, Jason) |
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Filing 15
ORDER granting #14 Motion for Robert M. Barta to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 AMENDED MOTION for Robert M. Barta to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8885471. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 14 AMENDED MOTION for Robert M. Barta to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8885471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asia TV USA, Ltd., Asia Today, Ltd., Zee Entertainment Enterprises Limited. (Attachments: #1 Exhibit Certificate of Standing, #2 Text of Proposed Order Proposed Order)(Barta, Robert) |
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Filing 12
STIPULATION AND ORDER REGARDING AMENDED DECLARATORY JUDGMENT COMPLAINT AND THIRD PARTY COUNTERCLAIM PLAINTIFFS: IT IS HEREBY STIPULATED AND AGREED, that zeebox shall be permitted to file an Amended Declaratory Judgment Complaint naming the Counterclaim Plaintiffs in the Amended Declaratory Judgment Complaint, and that the amended pleading will be filed by September 13, 2013; IT IS FURTHER STIPULATED AND AGREED, by the undersigned counsel, that counsel for the Counterclaim Plaintiffs shall accept service of the Amended Declaratory Judgment Complaint on behalf of the Counterclaim Plaintiffs; IT IS FURTHER STIPULATED AND AGREED, by the undersigned counsel, that the Counterclaim Plaintiffs shall serve an answer and Counterclaims to the Amended Declaratory Judgment Complaint within fourteen (14) days of service of zeebox's amended pleading; and IT IS FURTHER STIPULATED AND AGREED, by the undersigned counsel, that zeebox shall serve an answer, move, or otherwise plead within twenty-one (21) days of service of the Counterclaims. (Signed by Judge P. Kevin Castel on 9/16/2013) (ja)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #11 MOTION for Robert M. Barta to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of California not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
| Filing 13 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT ND JURY DEMAND amending #1 Complaint against Asia TV USA, Ltd., Zee Entertainment Enterprises Limited, Asia Today, Ltd. with JURY DEMAND. Document filed by Zeebox Limited. Related document: #1 Complaint filed by Zeebox Limited.(djc) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert M. Barta to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asia TV USA, Ltd.. (Attachments: #1 Exhibit Certificate of Standing, #2 Text of Proposed Order Proposed Order)(Barta, Robert) Modified on 9/16/2013 (bcu). |
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ORDER granting #10 Application for Mark H. Tidman to appear pro hac vice. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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| Filing 10 MOTION for Mark H. Tidman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8859062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeebox Limited. (Attachments: #1 D.C. Certificate of Good Standing, #2 Text of Proposed Order)(Tidman, Mark) Modified on 9/11/2013 (bcu). Modified on 9/11/2013 (bcu). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Charles C. Carson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8858984. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeebox Limited. (Attachments: #1 D.C. Certificate of Good Standing, #2 Virginia Certificate of Good Standing, #3 Colorado Certificate of Good Standing, #4 Text of Proposed Order)(Carson, Charles) Modified on 9/11/2013 (bcu). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Mark H. Tidman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8859062. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #9 MOTION for Charles C. Carson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8858984. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court of Virginia not from the State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
| Filing 8 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Zeebox Limited. Document filed by Asia TV USA, Ltd.. (Attachments: #1 Exhibit A (Zee Trademark Registrations))(McCarthy, Kathleen) |
| Filing 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Asia TV USA, Ltd..(McCarthy, Kathleen) |
| Filing 6 ENDORSED LETTER addressed to Judge P. Kevin Castel, from Jason S. Oliver, dated 7/25/2013, re: I write in accordance with Your Honor's individual practice rules and with the consent of counsel for Defendant Asia TV USA, Ltd. to request an adjournment of the Initial Pretrial Conference that is currently scheduled for August 2, 2013 at 2:00 p.m. before Your Honor. ENDORSEMENT: Initial conference adjourned from August 2 to October 18, 2013 at 12:00 p.m. (Initial Conference set for 10/18/2013 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/25/2013) (ja) |
| Filing 5 SUMMONS RETURNED EXECUTED. Asia TV USA, Ltd. served on 7/17/2013, answer due 8/7/2013. Document filed by Zeebox Limited. (Oliver, Jason) |
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Filing 4
ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 2, 2013 at 2:00 p.m. in Courtroom 12C at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Initial Conference set for 8/2/2013 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/12/2013) (ja)
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| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zeebox Limited.(Oliver, Jason) |
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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) (jom)
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| Filing 1 COMPLAINT against Asia TV USA, Ltd. (Filing Fee $ 350.00, Receipt Number 465401069135)Document filed by Zeebox Limited.(jom) |
| SUMMONS ISSUED as to Asia TV USA, Ltd.(jom) |
| Case Designated ECF. (jom) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (jom) |
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