Michael Kors, L.L.C. V. Mid Center Equities Associates, L.L.C., et al
| Michael Kors, L.L.C. |
| Mohammed Ullah, John Doe, Mid Center Equities Associates, L.L.C. and Jane Doe |
| 1:2015cv05856 |
| July 27, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P Griesa |
| Sarah Netburn |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2017. A more recent docket listing may be available from PACER.
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| Filing 47 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 09/27/2017 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (dt) |
| Filing 46 DEFAULT JUDGMENT: That pursuant to the Courts Opinion dated September 25, 2017, Plaintiff's motion for default judgment is granted, and Plaintiff is awarded $1,000,000 in statutory damages. Plaintiff is ordered to submit an application for specific attorneys' fees and costs within sixty (60) days of issuance of the opinion. (Signed by Clerk of Court Ruby Krajick on 09/27/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
Filing 45
OPINION re: #40 MOTION for Default Judgment as to Mohammed Ullah filed by Michael Kors, L.L.C. For the reasons given herein, plaintiff's motion for default judgment is granted, and plaintiff is awarded $1,000,000 in statutory damages. Plaintiff is ordered to submit an application for specific attorneys' fees and costs within sixty (60) days of issuance of this opinion. This opinion resolves Docket Number 40 in this case. (Signed by Judge Thomas P. Griesa on 9/25/2017) (mro)
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Filing 44
NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Michael Kors, L.L.C., by and through its undersigned counsel, hereby dismisses without prejudice Defendants John Doe and/or Jane Doe from the above-captioned action. (Jane Doe and John Doe terminated.) (Signed by Judge Thomas P. Griesa on 7/11/2017) (jwh)
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| Filing 43 AFFIDAVIT OF SERVICE of Motion for Default Judgment and Supporting Papers served on Mohammed Ullah on July 7, 2017. Service was made by Mail. Document filed by Michael Kors, L.L.C.. (Beckerlegge, Robertson) |
| Filing 42 MEMORANDUM OF LAW in Support re: #40 MOTION for Default Judgment as to Mohammed Ullah. . Document filed by Michael Kors, L.L.C.. (Beckerlegge, Robertson) |
| Filing 41 DECLARATION of Heather McDonald in Support re: #40 MOTION for Default Judgment as to Mohammed Ullah.. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Clerk's Certificate of Default, #3 Exhibit C-Proposed Order, #4 Exhibit D-Proposed Default Judgment)(Beckerlegge, Robertson) |
| Filing 40 MOTION for Default Judgment as to Mohammed Ullah. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Clerk's Certificate of Default, #2 Summons and Complaint with Proof of Service, #3 Proposed Default Judgment)(Beckerlegge, Robertson) |
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Filing 39
ORDER: Plaintiff's deadline to file a motion for default judgment against defendant Mohammed Ullah is extended to July 10, 2017. By July 10, 2017, plaintiff shall also file a letter updating the court on the status of its claims against the "John Doe and/ or Jane Doe" defendant(s) in this action. ( Motions due by 7/10/2017.) (Signed by Judge Thomas P. Griesa on 6/22/2017) (jwh)
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| Filing 38 CLERK'S CERTIFICATE OF DEFAULT as to Mohammed Ullah. (km) |
| Filing 37 AFFIDAVIT of Robertson D. Beckerlegge in Support re: #36 Request to Enter Default. Document filed by Michael Kors, L.L.C.. (Beckerlegge, Robertson) |
| Filing 36 REQUEST TO ENTER DEFAULT against Mohammed Ullah . Document filed by Michael Kors, L.L.C.. (Attachments: #1 Clerk's Certificate of Default, #2 Affidavit of Service)(Beckerlegge, Robertson) |
| Filing 35 AFFIDAVIT OF SERVICE of Order dated April 26, 2017 served on Mohammed Ullah on April 27, 2017. Service was made by Mail. Document filed by Mohammed Ullah. (Siegert, Paul) |
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Filing 34
ORDER: Accordingly, in light of defense counsel's repeated, good-faith, and unsuccessful attempts to establish contact with his clients, the Court waives the requirement of service of a written application upon the clients, GRANTS defense counsel's motion to withdraw but does not issue a retaining or charging lien. The Clerk of Court is directed to terminate Paul W. Siegert as defense counsel in these two actions. Defense counsel is directed to serve a copy of this Order granting his motion to withdraw as counsel on the last known business address of both Yus Gift Shop, Inc., and Mohammed Ullah. The two defendants are ORDERED to file a Notice of Appearance either pro se or with new counsel within thirty (30) days of service of this Order. To the extent the defendants fail to appear, the plaintiff may file a motion for default against Yus Gift Shop, Inc. and Mohammed Ullah no later than sixty (60) days from the date of this Order. Attorney Paul W. Siegert terminated. (Signed by Magistrate Judge Sarah Netburn on 4/26/2017) (ap)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 4/26/2017. (jnm) |
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Filing 33
ORDER granting #30 Letter Motion for Conference. The parties are directed to appear for a conference on Wednesday, April 26, 2017, at 4:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, NY, NY. If this date and time are unavailable for either party, they must immediately contact chambers at (212) 805-0286. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 32
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Thomas P. Griesa on 4/13/2017) (jwh)
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| Filing 31 LETTER RESPONSE in Support of Motion addressed to Judge Thomas P. Griesa from Paul W. Siegert dated April 12, 2017 re: #30 LETTER MOTION for Conference to Discuss Outstanding Discovery Matters addressed to Judge Thomas P. Griesa from Robertson D. Beckerlegge dated April 11, 2017. . Document filed by Mohammed Ullah. (Siegert, Paul) |
| Filing 30 LETTER MOTION for Conference to Discuss Outstanding Discovery Matters addressed to Judge Thomas P. Griesa from Robertson D. Beckerlegge dated April 11, 2017. Document filed by Michael Kors, L.L.C..(Beckerlegge, Robertson) |
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Filing 29
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT MID CENTER EQUITIES ASSOCIATES, L.L.C. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2): In accordance with Federal Rule of Civil Procedure 41(a)(2), the Parties hereby stipulate to a dismissal with prejudice of all of Plaintiff's claims against Defendant in the above-captioned matter. The provisions of this Stipulation shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. (Signed by Judge Thomas P. Griesa on 2/13/2017) (jwh)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. The request is approved. The motion to dismiss will continue to be held in abeyance through February 13, 2017. SO ORDERED. Motions due by 2/13/2017. (Signed by Judge Thomas P. Griesa on 2/3/2017) (ama)
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| Filing 27 LETTER MOTION for Extension of Time to File a Stipulation of Dismissal as to Mid Center addressed to Judge Thomas P. Griesa from Robertson D. Beckerlegge dated February 3, 2017. Document filed by Michael Kors, L.L.C..(Beckerlegge, Robertson) |
| Filing 26 LETTER addressed to Judge Thomas P. Griesa from Robertson D. Beckerlegge dated October 12, 2016 re: Status of the Settlement. Document filed by Michael Kors, L.L.C..(Beckerlegge, Robertson) |
| Minute Entry for proceedings held before Judge Thomas P. Griesa: Settlement Conference held on 9/13/2016. Plaintiff represented by Attorneys Robb Beckerlegge, Heather J. McDonald and Jenna Felz. (Principles for plaintiff are also present.) Defendant Canal Venture, Inc. represented by Attorneys David B. Tendler and Marianna Picciocchi. (Principle for defendant is also present.) The Court directs counsel for the parties to continue settlement discussions and file a joint settlement status letter with the court no later than October 21, 2016. Any decision on the defendants pending motion to dismiss the complaint filed on October 26, 2015 is to be held in abeyance pending the outcome of settlement discussions. (No transcript taken.) (Zaepfel, Kenneth) |
| Minute Entry for proceedings held before Judge Thomas P. Griesa: Status Conference held on 8/23/2016. Plaintiff represented by Attorneys Robb Beckerlegge, Heather J. McDonald, and Jenna Felz. Defendant Mid-Center Equities Associates, L.L.C. represented by Attorneys David B. Tendler and Marianna Picciocchi. The Court discusses sundry case-related issues with the parties and directs counsel for the parties to confer with the Judges clerk and schedule a date for another case status/settlement conference. (No transcript taken.) (Zaepfel, Kenneth) |
| Filing 25 FIRST REPLY MEMORANDUM OF LAW in Support re: #18 FIRST MOTION to Dismiss Comlpaint Pursuant to FRCP 12(B)(6). . Document filed by Mid Center Equities Associates, L.L.C.. (Picciocchi, Marianna) |
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Filing 24
STIPULATION AND ORDER EXTENDING TIME TO REPLY: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys for Plaintiff and Defendant Mid Center Equities Associates, L.L.C. ("Defendant") that Defendant's time to serve reply papers with respect to its motion to dismiss (Document 18) is extended from February 25, 2016 to and including March 3, 2016 without further extension. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/2/2016) (kl)
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| Filing 23 MEMORANDUM OF LAW in Opposition re: #18 FIRST MOTION to Dismiss Comlpaint Pursuant to FRCP 12(B)(6). . Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| Filing 22 STIPULATION EXTENDING TIME TO RESPOND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned herein, the attorneys for Michael Kors, L.L.C. (the "Plaintiff") and Mid Center Equities Associates, L.L.C. (the "Defendant"), that Plaintiff's time to oppose Defendant's Motion to Dismiss ("Plaintiff's Opposition") in this action is extended to and including January 11, 2016. IT IS FURTHER STIPULATED AND AGREED that Defendant's time to reply to Plaintiff's Opposition in this action is extended to and including February 25, 2016. (Responses due by 1/11/2016, Replies due by 2/25/2016.) (Signed by Judge Thomas P. Griesa on 11/10/2015) (kl) |
| Filing 21 FIRST LETTER addressed to Judge Thomas P. Griesa from David B. Tendler, Esq. dated October 26, 2015 re: Oral Argument of Motion to Dismiss. Document filed by Mid Center Equities Associates, L.L.C..(Picciocchi, Marianna) |
| Filing 20 DECLARATION of David B. Tendler in Support re: #18 FIRST MOTION to Dismiss Comlpaint Pursuant to FRCP 12(B)(6).. Document filed by Mid Center Equities Associates, L.L.C.. (Attachments: #1 Exhibit Stipulation of Settlement, #2 Exhibit Notice of Default)(Picciocchi, Marianna) |
| Filing 19 FIRST MEMORANDUM OF LAW in Support re: #18 FIRST MOTION to Dismiss Comlpaint Pursuant to FRCP 12(B)(6). . Document filed by Mid Center Equities Associates, L.L.C.. (Picciocchi, Marianna) |
| Filing 18 FIRST MOTION to Dismiss Comlpaint Pursuant to FRCP 12(B)(6). Document filed by Mid Center Equities Associates, L.L.C..(Picciocchi, Marianna) |
| ***DELETED DOCUMENT. Deleted document number #19 Memorandum in Support of Motion. The document was incorrectly filed in this case. (db) |
| ***DELETED DOCUMENT. Deleted document number #18 Motion. The document was incorrectly filed in this case. (db) |
| Filing 17 ANSWER to Complaint. Document filed by Mohammed Ullah.(Siegert, Paul) |
| Filing 16 NOTICE OF APPEARANCE by Paul W. Siegert on behalf of Mohammed Ullah. (Siegert, Paul) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mid Center Equities Associates, L.L.C. served on 8/3/2015, answer due 8/24/2015. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint, served. John Doe served on 7/29/2015, answer due 8/19/2015. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mohammed Ullah served on 7/29/2015, answer due 8/19/2015. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Sarah Netburn is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:07-cv-09438-TPG. Notice of Assignment to follow. (pgu) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Jane Doe, John Doe. (dgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Mohammed Ullah. (dgo) (Main Document 11 replaced on 7/28/2015) (dgo). |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Mid Center Equities Associates, L.L.C.. (dgo) |
| Filing 9 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (dgo) |
| Case Designated ECF. (dgo) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 07cv9438. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to John Doe and/or Jane Doe, re: #1 Complaint,. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) Modified on 7/28/2015 (dgo). Modified on 7/28/2015 (dgo). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Mohammed Ullah, re: #1 Complaint,. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Mid Center Equities Associates, L.L.C., re: #1 Complaint,. Document filed by Michael Kors, L.L.C.. (McDonald, Heather) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 07-cv-09438. Document filed by Michael Kors, L.L.C..(McDonald, Heather) |
| Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(McDonald, Heather) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Michael Kors Holdings Limited for Michael Kors, L.L.C.. Document filed by Michael Kors, L.L.C..(McDonald, Heather) |
| Filing 2 CIVIL COVER SHEET filed. (McDonald, Heather) |
| Filing 1 COMPLAINT against Jane Doe, John Doe, Mid Center Equities Associates, L.L.C., Mohammed Ullah. (Filing Fee $ 400.00, Receipt Number 0208-11200056)Document filed by Michael Kors, L.L.C.. (Attachments: #1 Exhibit A-Trademarks)(McDonald, Heather) |
| ADD PARTY FOR PLEADING. Party Michael Kors, L.L.C. added.Party added pursuant to #1 Complaint,. Document filed by Michael Kors, L.L.C.. Related document: #1 Complaint, filed by Michael Kors, L.L.C..(McDonald, Heather) |
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