Zlozower et al v. Motley Crue, Inc. et al
Plaintiff: Zlozower, Neil Zlozower and Barry Levine
Defendant: Motley Crue, Inc, Delta Apparel, Inc., Fantasy Activewear, Inc., Motley Crue Touring, Inc., Rock.com, Inc., Global Merchandising Services Ltd., Live Nation Concerts, Inc., Fruit of the Loom, Inc., Motley Crue, Inc., Amazon.com, Inc., Live Nation Entertainment, Inc., Hot Topic, Inc., Gildan Apparel USA Inc., Jet.com, Inc., Spencer Gifts LLC, Global Merchandising Services Inc., Sears Holdings Corporation, Peace Textile America, Inc., Live Nation Merchandise, Inc., Infinity 1 Inc., TSC Apparel, LLC, Live Nation Worldwide, Inc. and Scorpio Posters, Inc.
Case Number: 1:2016cv06950
Filed: September 6, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Stewart D Aaron
Referring Judge: Laura Taylor Swain
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2018 Opinion or Order Filing 216 ORDER. It is hereby ORDERED, that the above-referenced motion (docket entry no. 213) is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. SO ORDERED. Terminating without prejudice to reinstatement upon application #213 Motion for Reconsideration. (Signed by Judge Laura Taylor Swain on 8/15/2018) (rjm)
August 13, 2018 Filing 215 DECLARATION of Richard P. Liebowitz in Support re: #213 FIRST MOTION for Reconsideration of Dismissal with Prejudice with respect to Jet.com.. Document filed by Barry Levine, Neil Zlozower. (Attachments: #1 Exhibit Settlement Agreement-Signed by Plaintiffs)(Tsyvkin, Yekaterina)
August 13, 2018 Filing 214 FIRST MEMORANDUM OF LAW in Support re: #213 FIRST MOTION for Reconsideration of Dismissal with Prejudice with respect to Jet.com. . Document filed by Barry Levine, Neil Zlozower. (Tsyvkin, Yekaterina)
August 13, 2018 Filing 213 FIRST MOTION for Reconsideration of Dismissal with Prejudice with respect to Jet.com. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
July 30, 2018 Opinion or Order Filing 212 MEMO ENDORSEMENT: on re: #210 Letter filed by Neil Zlozower, Barry Levine. ENDORSEMENT: The request is Denied for substantially the reasons set forth in DE # 211. DE # 210 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/30/2018) (ama)
July 24, 2018 Filing 211 LETTER addressed to Judge Laura Taylor Swain from Mioko C. Tajika dated July 24, 2018 re: Letter Opposing Attempt to Reopen Case as Against Jet.com Inc. Document filed by Jet.com, Inc..(Tajika, Mioko)
July 23, 2018 Filing 210 LETTER addressed to Judge Laura Taylor Swain from Richard Liebowitz dated July 23, 2018 re: Settlement with Jet.com. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
July 20, 2018 Opinion or Order Filing 209 STIPULATION OF VOLUNTARY DISMISSAL: The undersigned hereby stipulate and agree pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) that this action be and hereby is dismissed as to all Defendant's except Jet.com, Inc., Inc. with prejudice with each side to bear its own costs and attorney's fees. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/20/2018) (ama)
June 29, 2018 Filing 208 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 6/29/18 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (mro)
June 29, 2018 Opinion or Order Filing 207 ORDER OF DISMISSAL: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs to any party, but without prejudice to restoration of the action to the calendar of the undersigned if settlement is not achieved within thirty (30) days of the date of this Order. If a party wishes to reopen this matter or extend the time within which it may be settled, the party must make a letter application before this thirty (30)-day period expires. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they shall submit the settlement agreement to the Court to be so ordered. Docket Entry No. 206 is resolved. (Signed by Judge Laura Taylor Swain on 6/29/2018) (mro)
June 29, 2018 Filing 206 LETTER addressed to Judge Laura Taylor Swain from Richard Liebowitz dated June 29, 2018 re: Dismissal Letter. Document filed by Neil Zlozower.(Liebowitz, Richard)
May 9, 2018 Opinion or Order Filing 205 MEMO ENDORSEMENT: on re: #204 Letter filed by Jet.com, Inc. ENDORSMENT: The Captioned case is hereby dismissed with prejudice as against defendant Jet.com, Inc. SO ORDERED. , Jet.com, Inc. terminated. (Signed by Judge Laura Taylor Swain on 5/09/2018) (ama) Modified on 5/9/2018 (ama).
May 7, 2018 Filing 204 SECOND LETTER addressed to Judge Laura Taylor Swain from Mioko C. Tajika dated May 7, 2018 re: Dismissal of Action with Prejudice as to Jet.com, Inc.. Document filed by Jet.com, Inc..(Tajika, Mioko)
May 2, 2018 Opinion or Order Filing 203 MEMO ENDORSEMENT on re: #202 Letter filed by Jet.com, Inc. ENDORSEMENT: Any opposition the foregoing request must be filed by May 4, 2018. If opposition is filed, any reply must be filed by May 8, 2018. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/02/2018) (ama)
May 1, 2018 Filing 202 LETTER addressed to Judge Laura Taylor Swain from Mioko C. Tajika dated May 1, 2018 re: Dismissal of Action with Prejudice as to Jet.com, Inc.. Document filed by Jet.com, Inc..(Tajika, Mioko)
April 30, 2018 Opinion or Order Filing 201 ORDER: granting #199 Letter Motion for Conference. As of April 25, 2018, the motions initiated by Docket Entry Nos. 132 and 159 are considered fully submitted before the Court. In light of the parties' representations that Plaintiff Barry Levine and Defendants are completing pre-dismissal tasks set forth in those parties' settlement agreement (Docket Entry No. 200), Docket Entry Nos. 140, 145, and 152 are hereby terminated. The final pretrial conference in the above-captioned case is adjourned to Friday, November 2, 2018 at 11:00 a.m. in Courtroom 17C, and the related deadlines are modified accordingly. Docket Entry No. 199 is resolved. SO ORDERED. Final Pretrial Conference set for 11/2/2018 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/30/2018) (ama)
April 27, 2018 Filing 200 LETTER addressed to Magistrate Judge Stewart D. Aaron from David W. Schecter dated April 27, 2018 re: Settlement Agreement Between Plaintiff Barry Levine and Defendants. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC.(Schecter, David)
April 27, 2018 Filing 199 LETTER MOTION for Conference re: #107 Scheduling Order,,,, addressed to Judge Laura Taylor Swain from David W. Schecter dated April 27, 2018. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC.(Schecter, David)
April 25, 2018 Filing 198 FIRST REPLY MEMORANDUM OF LAW in Support re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses. . Document filed by Neil Zlozower. (Tsyvkin, Yekaterina)
April 25, 2018 Filing 197 REPLY MEMORANDUM OF LAW in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. EVIDENTIARY OBJECTIONS. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
April 25, 2018 Filing 196 REPLY MEMORANDUM OF LAW in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. REQUEST FOR JUDICIAL NOTICE. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Schecter, David)
April 25, 2018 Filing 195 REPLY MEMORANDUM OF LAW in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. . Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
April 18, 2018 Filing 194 COUNTER STATEMENT TO #161 Rule 56.1 Statement,. Document filed by Neil Zlozower. (Tsyvkin, Yekaterina)
April 18, 2018 Filing 193 DECLARATION of Neil Zlozower in Opposition re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Neil Zlozower. (Attachments: #1 Exhibit Exhibit A)(Tsyvkin, Yekaterina)
April 18, 2018 Filing 192 FIRST MEMORANDUM OF LAW in Opposition re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. . Document filed by Neil Zlozower. (Tsyvkin, Yekaterina)
April 18, 2018 Filing 191 RESPONSE in Opposition to Motion re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses. (EVIDENTIARY OBJECTIONS TO NEIL ZLOZOWER DECLARATION). Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
April 18, 2018 Filing 190 DECLARATION of Paul Miles in Opposition re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Schecter, David)
April 18, 2018 Filing 189 DECLARATION of Nikki Sixx in Opposition re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schecter, David)
April 18, 2018 Filing 188 DECLARATION of David W. Schecter in Opposition re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schecter, David)
April 18, 2018 Filing 187 COUNTER STATEMENT TO Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
April 18, 2018 Filing 186 MEMORANDUM OF LAW in Opposition re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses. . Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
April 13, 2018 Opinion or Order Filing 185 ORDER: granting #183 Letter Motion for Extension of Time to file his opposition to Defendant's motion for summary judgment. The Opposition deadline is extended to April 18, 2018, an the Reply deadline is extended to April 25, 2018. No further extensions. DE # 183 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/13/2018) (ama)
April 13, 2018 Set/Reset Deadlines: Responses due by 4/18/2018 Replies due by 4/25/2018. (ama)
April 12, 2018 Filing 184 LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from A. Sasha Frid dated April 12, 2018 re: #183 LETTER MOTION for Extension of Time to File Oppositions and Responses addressed to Judge Laura Taylor Swain from Richard Liebowitz dated April 12, 2018. . Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (Frid, Alexander)
April 12, 2018 Filing 183 LETTER MOTION for Extension of Time to File Oppositions and Responses addressed to Judge Laura Taylor Swain from Richard Liebowitz dated April 12, 2018. Document filed by Neil Zlozower.(Liebowitz, Richard)
April 2, 2018 Opinion or Order Filing 182 MEMO ENDORSEMENT: on re: #180 Status Report, filed by Infinity 1 Inc., Motley Crue, Inc., Rock.com, Inc., Motley Crue Touring, Inc., Live Nation Concerts, Inc., Live Nation Merchandise, Inc., Live Nation Entertainment, Inc., Spencer Gifts LLC, Global Merchandising Services Inc., Live Nation Worldwide, Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Sears Holdings Corporation. ENDORSEMENT: The case is restored to the calendar and the pending summary judgment motions will be briefed as follows: Opposition papers by April 16, 2018. Reply papers by April 23, 2018. Courtesy copies must be provided for chambers at the time of filing. DE # 180 resolved. SO ORDERED., ( Responses due by 4/16/2018, Replies due by 4/23/2018.) (Signed by Judge Laura Taylor Swain on 4/02/2018) (ama) Modified on 4/2/2018 (ama).
April 2, 2018 ***Case Reopened.*** (ama)
March 30, 2018 Filing 181 STATUS REPORT. Document filed by Jet.com, Inc..(Tajika, Mioko)
March 30, 2018 Filing 180 STATUS REPORT. [JOINT STATUS REPORT] Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Frid, Alexander)
March 27, 2018 Opinion or Order Filing 179 ORDER: The Court having been contacted by the parties with respect to settlement of this action, IT IS HEREBY ORDERED as follows: 1) On or before April 23, 2018, the parties shall finalize the settlement agreement between Plaintiff Barry Levine and Defendants; and 2) On or before March 30, 2018, the parties shall file a joint status report with respect to the settlement in principle reached between Plaintiff Neil Zlozower and Defendants. The status report should comply with District Judge Swain's Individual Practices. The status report shall reflect whether Zlozower or Defendants intend to seek restoration of the action to the calendar and/or the disposition of any pending or additional motions. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/27/2018) (ama)
March 22, 2018 Opinion or Order Filing 178 ORDER: Judge Aaron is out of the District on judicial business. The parties are directed to call Chambers no later than 5:30 p.m. EST on Friday March 23, 2018 to provide my law clerk with an update on any disputed issues between the parties that have arisen as they finalize the settlement agreement. The parties shall jointly call Judge Aaron's Chambers at 212-805-0274 once all parties are on the line. SO ORDERED. (Text Only Order) (Signed by Magistrate Judge Stewart D. Aaron on 03/22/2018) (Aaron, Stewart)
February 22, 2018 Filing 177 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 2/22/2018 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: #1 Supplement Copyright Information) (ama)
February 22, 2018 Opinion or Order Filing 176 ORDER OF DISMISSAL: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs to any party, but without prejudice to restoration of the action to the calendar of the undersigned if settlement is not achieved within sixty (60) days of the date of this Order. If a party wishes to reopen this matter or extend the time within which it may be settled, the party must make a letter application before this sixty (60)-day period expires. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they shall submit the settlement agreement to the Court to be so ordered. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2018) (ama)
February 22, 2018 Opinion or Order Filing 175 MEMO ENDORSEMENT: on re: #174 Notice of Settlement, filed by Infinity 1 Inc., Motley Crue, Inc., Rock.com, Inc., Motley Crue Touring, Inc., Scorpio Posters, Inc., Live Nation Concerts, Inc., Live Nation Merchandise, Inc., Live Nation Entertainment, Inc., Spencer Gifts LLC, Global Merchandising Services Inc., Live Nation Worldwide, Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Sears Holdings Corporation. ENDORSEMENT: All current deadlines are suspended sine die and a 60-day order will be entered. DE # 174 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2018) (ama)
February 21, 2018 Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Settlement Conference held on 2/21/2018. (kl)
February 21, 2018 Filing 174 NOTICE of Settlement via Letter to Hon. Laura Taylor Swain from David W. Schecter. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (Schecter, David)
February 13, 2018 Opinion or Order Filing 173 MEMO ENDORSEMENT on re: #172 Letter filed by Neil Zlozower, Barry Levine. ENDORSEMENT: Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/13/2018) (ama)
February 12, 2018 Filing 172 LETTER addressed to Magistrate Judge Stewart D. Aaron from Richard Liebowitz dated February 12, 2018 re: Request to appear telephonically for settlement conference. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
February 5, 2018 Opinion or Order Filing 171 ORDER: A settlement conference is scheduled before Magistrate Judge Stewart D. Aaron on Wednesday, February 21, 2018 at 10:00 a.m. in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007. The parties shall comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at http://www.nysd.uscourts.gov/judge/Aaron. SO ORDERED. (Settlement Conference set for 2/21/2018 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Text Only Order) (Signed by Magistrate Judge Stewart D. Aaron on 2/5/2018) (Aaron, Stewart)
January 31, 2018 Opinion or Order Filing 170 JOINT STIPULATION AND ORDER REGARDING DISMISSALS OF CERTAIN CLAIMS, COUNTERCLAIMS, DEFENSES AND REMEDIES: THEREFORE Plaintiffs and Defendants, by and through their undersigned counsel, hereby stipulate: Plaintiffs agree to dismiss their Second Cause of Action with prejudice with the parties to bear their own costs and attorneys' fees regarding that claim only; Levine agrees to dismiss his claims for statutory damages and attorneys' fees pursuant to 17 U.S.C. 504, 505 with prejudice with the parties to bear their own costs and attorneys' fees regarding those remedies only; MCI agrees to dismiss its First and Second Counterclaims with prejudice with the parties to bear their own costs and attorneys' fees regarding the prosecution of defense of those counterclaims only; and Defendants have agreed to dismiss their affirmative defense of fair use with prejudice with the parties to bear their own costs and attorneys' fees regarding that defense only. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/31/2018) (ama)
January 31, 2018 Opinion or Order Filing 169 MEMO ENDORSEMENT: granting #150 Letter Motion for Extension of Time to File Response/Reply. granting #151 FIRST LETTER MOTION for Extension of Time to File Response/Reply To Oppose/Reply to Summary Judgment Motions addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 30, 2018. ENDORSEMENT: The requested extensions are Granted. DE # 150 and 151 resolved. SO ORDERED. Responses due by 2/23/2018 Replies due by 3/5/2018. (Signed by Judge Laura Taylor Swain on 1/31/2018) (ama)
January 31, 2018 Opinion or Order Filing 168 ORDER: On January 19, 2017, this case was referred to Magistrate Judge Ellis for general pretrial management, including settlement, pursuant to 28 U.S.C. 636(b)(1)(A). On December 4, 2017, this case was reassigned to Magistrate Judge Aaron. The parties are hereby ORDERED to appear before Magistrate Judge Aaron for a settlement conference. Counsel is directed to confer and select from the following dates a mutually-agreeable date for the settlement conference: Wednesday, February 21, 2018, at 10:00 a.m. or 2:00 p.m.; Thursday, February 22, 2018, at 10:00 a.m. or 2:00 p.m.; and Friday February 23, 2018, at 10:00 a.m. or 2:00 p.m. (all times are EST). Counsel should inform Judge Aaron's Chambers via email of the date selected no later than February 7, 2018. The parties shall comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at http://www.nysd.uscourts.gov/judge/Aaron. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/31/2018) (ama)
January 30, 2018 Filing 167 DECLARATION of Cherie Doherty in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Schecter, David)
January 30, 2018 Filing 166 DECLARATION of Mike Rotondo in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schecter, David)
January 30, 2018 Filing 165 DECLARATION of Colin Stone in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schecter, David)
January 30, 2018 Filing 164 DECLARATION of Chris Nilsson in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Schecter, David)
January 30, 2018 Filing 163 DECLARATION of Nikki Sixx in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schecter, David)
January 30, 2018 Filing 162 DECLARATION of David W. Schecter in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schecter, David)
January 30, 2018 Filing 161 RULE 56.1 STATEMENT. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
January 30, 2018 Filing 160 MEMORANDUM OF LAW in Support re: #159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. . Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
January 30, 2018 Filing 159 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Text of Proposed Order [Proposed] Order Re Defendants' Motion for Summary Judgment as to Plaintiff Neil Zlozower's Claims)(Schecter, David)
January 30, 2018 Filing 158 DECLARATION of Doc McGhee in Support re: #152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schecter, David)
January 30, 2018 Filing 157 DECLARATION of Chris Nilsson in Support re: #152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A)(Schecter, David)
January 30, 2018 Filing 156 DECLARATION of Nikki Sixx in Support re: #152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schecter, David)
January 30, 2018 Filing 155 DECLARATION of David W. Schecter in Support re: #152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims.. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schecter, David)
January 30, 2018 Filing 154 RULE 56.1 STATEMENT. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
January 30, 2018 Filing 153 MEMORANDUM OF LAW in Support re: #152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims. . Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Schecter, David)
January 30, 2018 Filing 152 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Text of Proposed Order [Proposed] Order Re Defendants' Motion for Summary Judgment as to Plaintiff Barry Levine's Claims)(Schecter, David)
January 30, 2018 Filing 151 FIRST LETTER MOTION for Extension of Time to File Response/Reply To Oppose/Reply to Summary Judgment Motions addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 30, 2018. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
January 30, 2018 Filing 150 FIRST LETTER MOTION for Extension of Time to File Response/Reply To Oppose/Reply to Summary Judgment Motions addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 30, 2018. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
January 30, 2018 Filing 149 DECLARATION of Richard Patti in Support re: #145 MOTION for Summary Judgment .. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A)(Schecter, David)
January 30, 2018 Filing 148 DECLARATION of David W. Schecter in Support re: #145 MOTION for Summary Judgment .. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schecter, David)
January 30, 2018 Filing 147 RULE 56.1 STATEMENT. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Schecter, David)
January 30, 2018 Filing 146 MEMORANDUM OF LAW in Support re: #145 MOTION for Summary Judgment . . Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Schecter, David)
January 30, 2018 Filing 145 MOTION for Summary Judgment . Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Re Defendants LIVE NATION ENTERTAINMENT, INC., LIVE NATION CONCERTS, INC. and LIVE NATION MERCHANDISE, INC.s Motion for Summary Judgment)(Schecter, David)
January 30, 2018 Filing 144 DECLARATION of Christie Rugh in Support re: #140 MOTION for Summary Judgment .. Document filed by Sears Holdings Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schecter, David)
January 30, 2018 Filing 143 DECLARATION of David W. Schecter in Support re: #140 MOTION for Summary Judgment .. Document filed by Sears Holdings Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schecter, David)
January 30, 2018 Filing 142 RULE 56.1 STATEMENT. Document filed by Sears Holdings Corporation. (Schecter, David)
January 30, 2018 Filing 141 MEMORANDUM OF LAW in Support re: #140 MOTION for Summary Judgment . . Document filed by Sears Holdings Corporation. (Schecter, David)
January 30, 2018 Filing 140 MOTION for Summary Judgment . Document filed by Sears Holdings Corporation.(Schecter, David)
January 30, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David W. Schecter to RE-FILE Document #129 MOTION for Summary Judgment ., #130 MOTION for Summary Judgment ., #131 MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims., #136 MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
January 30, 2018 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney David W. Schecter to E-MAIL Document No. #128 Joint Stipulation to Judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi)
January 29, 2018 Opinion or Order Filing 139 ORDER: terminating #137 Letter Motion for Oral Argument. The Court will file an order scheduling oral argument if the Court determines that oral argument would be helpful. DE # 137 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/29/2018) (ama)
January 26, 2018 Filing 138 FIRST MEMORANDUM OF LAW in Support re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses. . Document filed by Barry Levine, Neil Zlozower. (Attachments: #1 Exhibit Corresponding Affirmative Defenses)(Tsyvkin, Yekaterina)
January 26, 2018 Filing 137 LETTER MOTION for Oral Argument addressed to Judge Laura Taylor Swain from David W. Schecter dated January 26, 2018. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC.(Schecter, David)
January 26, 2018 Filing 136 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment as to PLAINTIFF NEIL ZLOZOWER's Claims. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Memorandum of Law in Support, #2 Separate Statement in Support, #3 Declaration of David W. Schecter in Support, #4 Exhibit A to Declaration of David W. Schecter in Support, #5 Exhibit B to Declaration of David W. Schecter in Support, #6 Exhibit C to Declaration of David W. Schecter in Support, #7 Exhibit D to Declaration of David W. Schecter in Support, #8 Exhibit E to Declaration of David W. Schecter in Support, #9 Exhibit F to Declaration of David W. Schecter in Support, #10 Exhibit G to Declaration of David W. Schecter in Support, #11 Declaration of Nikki Sixx in Support, #12 Exhibit A to Declaration of Nikki Sixx in Support, #13 Exhibit B to Declaration of Nikki Sixx in Support, #14 Declaration of Chris Nilsson in Support, #15 Exhibit A to Declaration of Chris Nilsson in Support, #16 Declaration of Colin Stone in Support, #17 Exhibit A to Declaration of Colin Stone in Support, #18 Exhibit B to Declaration of Colin Stone in Support, #19 Declaration of Mike Rotondo in Support, #20 Exhibit A to Declaration of Mike Rotondo in Support, #21 Exhibit B Declaration of Mike Rotondo in Support, #22 Exhibit C to Declaration of Mike Rotondo in Support, #23 Exhibit D to Declaration of Mike Rotondo in Support, #24 Exhibit E to Declaration of Mike Rotondo in Support, #25 Exhibit F to Declaration of Mike Rotondo in Support, #26 Exhibit G to Declaration of Mike Rotondo in Support, #27 Declaration of Cherie Doherty in Support, #28 Exhibit A to Declaration of Cherie Doherty in Support, #29 Text of Proposed Order [Proposed] Order Re Defendants' Motion for Summary Judgment as to Plaintiff Neil Zlozower's Claims)(Schecter, David) Modified on 1/30/2018 (ldi).
January 26, 2018 Filing 135 RULE 56.1 STATEMENT. Document filed by Barry Levine, Neil Zlozower. (Tsyvkin, Yekaterina)
January 26, 2018 Filing 134 DECLARATION of Yekaterina Tsyvkin in Support re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses.. Document filed by Barry Levine, Neil Zlozower. (Attachments: #1 Exhibit Excerpt from Zlozower Deposition)(Tsyvkin, Yekaterina)
January 26, 2018 Filing 133 DECLARATION of Neil Zlozower in Support re: #132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses.. Document filed by Neil Zlozower. (Attachments: #1 Exhibit Professional Biography, #2 Exhibit Screenshots of zloz.com homepage, #3 Exhibit Screenshots of zloz.com pirnts page, #4 Exhibit Screenshots of zloz.com Defendants' counterclaim, #5 Exhibit Screenshots of zloz.com recent)(Tsyvkin, Yekaterina)
January 26, 2018 Filing 132 FIRST MOTION for Partial Summary Judgment Dismissal of Counterclaim and Affirmative Defenses. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
January 26, 2018 Filing 131 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment as to PLAINTIFF BARRY LEVINE's Claims. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Scorpio Posters, Inc., Spencer Gifts LLC. (Attachments: #1 Memorandum of Law in Support, #2 Separate Statement in Support, #3 Declaration of David W. Schecter in Support, #4 Exhibit A to Declaration of David W. Schecter in Support, #5 Exhibit B to Declaration of David W. Schecter in Support, #6 Declaration of Nikki Sixx in Support, #7 Exhibit A to Declaration of Nikki Sixx in Support, #8 Exhibit B to Declaration of Nikki Sixx in Support, #9 Exhibit C to Declaration of Nikki Sixx in Support, #10 Exhibit D to Declaration of Nikki Sixx in Support, #11 Declaration of Chris Nilsson in Support, #12 Exhibit A to Declaration of Chris Nilsson in Support, #13 Declaration of Doc McGhee in Support, #14 Exhibit A to Declaration of Doc McGhee in Support, #15 Exhibit B to Declaration of Doc McGhee in Support, #16 Exhibit C to Declaration of Doc McGhee in Support, #17 Exhibit D to Declaration of Doc McGhee in Support, #18 Text of Proposed Order [Proposed] Order Re Defendants' Motion for Summary Judgment as to Plaintiff Barry Levine's Claims)(Schecter, David) Modified on 1/30/2018 (ldi).
January 26, 2018 Filing 130 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc.. (Attachments: #1 Memorandum of Law in Support, #2 Separate Statement in Support, #3 Declaration of David W. Schecter in Support, #4 Exhibit A to Declaration of David W. Schecter in Support, #5 Exhibit B to Declaration of David W. Schecter, #6 Declaration of Richard Patti in Support, #7 Exhibit A to Declaration of Richard Patti in Support, #8 Text of Proposed Order [Proposed] Re Live Nation Defendants' Motion for Summary Judgment)(Schecter, David) Modified on 1/30/2018 (ldi).
January 26, 2018 Filing 129 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Sears Holdings Corporation. (Attachments: #1 Memorandum of Law in Support of Defendant Sears Holdings Corporation's Motion for Summary Judgment, #2 Separate Statement in Support of Defendant Sears Holdings Corporation's Motion for Summary Judgment, #3 Declaration of David W. Schecter in Support of Defendant Sears Holdings Corporation's Motion for Summary Judgment, #4 Exhibit A to Declaration of David W. Schecter in Support, #5 Exhibit B to Declaration of David W. Schecter in Support, #6 Exhibit C to Declaration of David W. Schecter in Support, #7 Declaration of Christie Rugh in Support of Defendant Sears Holdings Corporation's Motion for Summary Judgment, #8 Exhibit A to Declaration of Christie Rugh in Support, #9 Exhibit B to Declaration of Christie Rugh in Support, #10 Exhibit C to Declaration of Christie Rugh in Support, #11 Text of Proposed Order [Proposed] Order Re Defendant Sears Holdings Corporation's Motion for Summary Judgment)(Schecter, David) Modified on 1/30/2018 (ldi).
January 25, 2018 Filing 128 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of JOINT STIPULATION REGARDING DISMISSALS OF CERTAIN CLAIMS, COUNTERCLAIMS, DEFENSES AND REMEDIES. Document filed by Motley Crue, Inc.. (Schecter, David) Modified on 1/30/2018 (ldi).
January 24, 2018 Filing 127 LETTER addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 24, 2018 re: Dismissal Letter for Jet.com Inc.. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
January 10, 2018 Opinion or Order Filing 126 ORDER: granting #124 Letter Motion for Extension of Time to File partial motion for summary judgment. The requested extension is Granted. No further extensions of the deadlines for commencing summary judgment practice. DE # 124, 125 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/10/2018) (ama)
January 10, 2018 Set/Reset Deadlines: Motions due by 1/26/2018. (ama)
January 9, 2018 Filing 125 LETTER RESPONSE in Opposition to Motion addressed to Judge Laura Taylor Swain from A. Sasha Frid dated January 9, 2018 re: #124 LETTER MOTION for Extension of Time to File motion for partial summary judgment addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 9, 2018. . Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Frid, Alexander)
January 9, 2018 Filing 124 LETTER MOTION for Extension of Time to File motion for partial summary judgment addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 9, 2018. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
December 4, 2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Ronald L. Ellis no longer referred to the case. (wb)
December 4, 2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (wb)
September 12, 2017 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard Liebowitz dated 9/11/17 re: request an extension till 10/6/17 for expert initial disclosures. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Ronald L. Ellis on 9/12/17) (Ellis, Ronald)
September 11, 2017 Filing 123 FIRST LETTER addressed to Judge Laura Taylor Swain from Richard Liebowitz dated September 11, 2017 re: Extension of time for Expert Disclosures. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
June 29, 2017 Filing 122 STATUS REPORT. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Rock.com, Inc., Sears Holdings Corporation, Spencer Gifts LLC.(Schecter, David)
June 5, 2017 Opinion or Order Filing 121 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ronald L. Ellis on 6/5/2017) (ap)
April 20, 2017 Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 4/20/2017 at 10:30 a.m. Next Telephone conference is scheduled for June 1, 2017 at 11:00 a.m. (rsh)
April 20, 2017 NOTICE of Hearing: Telephone Conference set for 6/1/2017 at 11:00 AM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242.(rsh)
April 19, 2017 Opinion or Order Filing 120 ORDER granting #119 Letter Motion for Conference. Telephone Conference set for 4/20/2017 at 10:30 AM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
April 19, 2017 Filing 119 FIRST LETTER MOTION for Conference Leave to appear telephonically addressed to Magistrate Judge Ronald L. Ellis from Richard Liebowitz dated April 19, 2017. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
February 17, 2017 Opinion or Order Filing 118 ORDER granting #117 Letter Motion to Continue. Status Conference set for 4/20/2017 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
February 17, 2017 Filing 117 JOINT LETTER MOTION to Continue Status Conference addressed to Magistrate Judge Ronald L. Ellis from David W. Schecter dated February 17, 2017. Document filed by Motley Crue, Inc..(Schecter, David)
February 17, 2017 Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 2/17/2017 at 12:00 p.m. (rsh)
February 14, 2017 Set/Reset Hearings: Telephone Conference set for 2/17/2017 at 12:00 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (rsh)
February 14, 2017 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard Liebowitz dated 2/13/2017 re: adjournment of telephone conference. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Ronald L. Ellis on 2/13/2017) (Ellis, Ronald)
February 13, 2017 Filing 116 FIRST LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard Liebowitz dated February 13, 2017 re: Adjournment of Notice of Hearing. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
February 13, 2017 NOTICE of Hearing: Telephone Conference set for 2/15/2017 at 11:00 AM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242.(rsh)
February 10, 2017 Filing 115 LETTER REPLY to Response to Motion addressed to Magistrate Judge Ronald L. Ellis from David W. Schecter dated February 10, 2017 re: #113 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Ronald L. Ellis from David W. Schecter dated February 8, 2017. . Document filed by Motley Crue, Inc.. (Attachments: #1 Exhibit 1)(Schecter, David)
February 10, 2017 Filing 114 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ronald L. Ellis from Richard Liebowitz dated February 10, 2017 re: #113 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Ronald L. Ellis from David W. Schecter dated February 8, 2017. . Document filed by Barry Levine, Neil Zlozower. (Tsyvkin, Yekaterina)
February 9, 2017 Filing 113 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Ronald L. Ellis from David W. Schecter dated February 8, 2017. Document filed by Motley Crue, Inc.. (Attachments: #1 Exhibits 1 - 6)(Schecter, David)
February 8, 2017 Opinion or Order Filing 112 ORDER: On December 29, 2016, Ms. Ruby J. Krajick, Clerk of the Court, issued a letter to counsel in the above-captioned action concerning the engagement of Proskauer Rose LLP by the husband of the undersigned (the "Notice"). (Docket Entry No. 98.) The Notice informed the parties that the undersigned had determined that her recusal is not required and directed that any party objecting to that determination must notify the Clerk of Court within twenty-one (21) days of the date of the Notice. The Clerk of Court has informed the undersigned that no objections were received. Accordingly, the proceedings will continue before the undersigned. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/07/2017) (ama)
February 7, 2017 Filing 111 NOTICE OF CHANGE OF ADDRESS by Torello H. Calvani on behalf of Sears Holdings Corporation. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, 212-589-4200. (Calvani, Torello)
January 24, 2017 Filing 110 ANSWER to #75 Counterclaim. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
January 24, 2017 Opinion or Order Filing 109 MEMO ENDORSEMENT: on re: #108 Notice (Other) filed by Live Nation Merchandise, Inc., Live Nation Entertainment, Inc., Live Nation Worldwide, Inc., Live Nation Concerts, Inc. ENDORSEMENT: DE # 108 resolved. SO ORDERED. *** Attorney Sandra Allison Crawshaw terminated. (Signed by Judge Laura Taylor Swain on 1/24/2017) (ama) Modified on 1/24/2017 (ama).
January 24, 2017 NOTICE of Hearing: Status Conference set for 2/22/2017 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (rsh)
January 20, 2017 Filing 108 NOTICE of Amended Notice of Withdrawal. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc.. (Attachments: #1 Exhibit 1)(Crawshaw, Sandra)
January 19, 2017 Opinion or Order Filing 107 PRE-TRIAL SCHEDULING ORDER: A pre-trial conference was last held in this matter on January 19, 2017. The Court hereby makes the following provisions for scheduling and trial in this matter. To the extent copies of this Order were not distributed to all parties in open court or posted on ECF in an ECF case, Plaintiff's counsel must serve a copy of this Pre-Trial Scheduling Order on counsel for each other party and on each unrepresented party within fourteen (14) days from the date hereof. A copy of this Pre-Trial Scheduling Order shall be served with any subsequent process that brings in additional parties. Proof of such service must be filed promptly with the Court. Amended Pleadings due by 4/28/2017. Joinder of Parties due by 4/28/2017. Motions due by 1/12/2018. All Expert Discovery due by 12/15/2017. Discovery due by 10/27/2017. Final Pretrial Conference set for 4/13/2018 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin to meet with Judge Ellis for settlement purposes by June 30, 2017.IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/19/2017) (ama)
January 19, 2017 Opinion or Order Filing 106 ORDER OF REFERENCE 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 Ronald L. Ellis. (Signed by Judge Laura Taylor Swain on 1/19/2017) (cf)
January 19, 2017 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 1/19/2017.Court Reporter Alena Lynch present. IPTC held. PTC Scheduling Order to follow. Case is referred to MJ Ellis for GPT. (Order to follow.) FPTC is scheduled for 4/13/2018 at 11:00am. ( Final Pretrial Conference set for 4/13/2018 at 11:00 AM before Judge Laura Taylor Swain.) (lan)
January 12, 2017 Filing 105 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
January 9, 2017 Opinion or Order Filing 104 ORDER granting #101 Letter Motion for Extension of Time to Answer re #75 Counterclaim. The request is granted nunc pro tunc. Docket Entry No. 101 is hereby resolved. (Barry Levine answer due 1/24/2017; Neil Zlozower answer due 1/24/2017). (Signed by Judge Laura Taylor Swain on 1/9/2017) (cla)
January 3, 2017 Filing 103 ANSWER to #1 Complaint,,,. Document filed by Jet.com, Inc..(Ebert, David)
January 3, 2017 Filing 102 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores, Inc. for Jet.com, Inc.. Document filed by Jet.com, Inc..(Ebert, David)
January 3, 2017 Filing 101 FIRST LETTER MOTION for Extension of Time to File Answer to Counterclaims addressed to Judge Laura Taylor Swain from Richard Liebowitz dated January 3, 2017. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina)
January 3, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Yekaterina Tsyvkin to RE-FILE Document #100 FIRST LETTER MOTION for Extension of Time to File Answer to Counterclaims addressed to Judge Laura Taylor Swain from Richard Liebowitz dated December 30, 2016. ERROR(S): Wrong Case Number on PDF. (db)
December 30, 2016 Filing 100 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time to File Answer to Counterclaims addressed to Judge Laura Taylor Swain from Richard Liebowitz dated December 30, 2016. Document filed by Barry Levine, Neil Zlozower.(Tsyvkin, Yekaterina) Modified on 1/3/2017 (db).
December 30, 2016 Filing 99 NOTICE OF APPEARANCE by Yekaterina Tsyvkin on behalf of Barry Levine, Neil Zlozower. (Tsyvkin, Yekaterina)
December 29, 2016 Filing 98 LETTER addressed to All Counsel of Record, and Anne Bryant from Ruby J. Krajick, Clerk of Court, dated 12/29/2016 re: Please take notice that Judge Laura Taylor Swain's husband recently engaged Proskauer Rose LLP ("Proskauer Rose") for legal assistance in connection with employment and severance issues personal to him. The issues, although important to him, do not, in Judge Swain's opinion, substantially affect her husband's interests. Judge Swain has concluded that, in the circumstances and in her opinion, her recusal is not required. She has concluded that her impartiality and independence in the matters before her are not affected and, in her opinion, could not reasonably be questioned. However, she would reconsider her position if any patty objected. Accordingly, within 21 (twenty-one) days of the date of this notice, any party objecting should write to: Ruby J. Krajick, Clerk of Court, United States District Court, SDNY, 500 Pearl Street, New York, New York 10007-1312, to state any such objections. DO NOTE-FILE YOUR LETTER(S). SUBMIT DIRECTLY TO THE CLERK OF COURT BY MAIL OR BY HAND. The Clerk will advise Judge Swain, without identifying any objecting party, of the case in which the objection was stated and the nature of the objection. (tn)
December 20, 2016 Filing 97 NOTICE of Withdrawal of Sandra A. Crawshaw-Sparks. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc.. (Crawshaw, Sandra)
December 15, 2016 Filing 96 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Hot Topic, Inc..(Frid, Alexander)
December 15, 2016 Filing 95 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Sycamore Partners HT, LLC for Hot Topic, Inc.. Document filed by Hot Topic, Inc..(Frid, Alexander)
December 15, 2016 Filing 94 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Spencer Gifts LLC.(Frid, Alexander)
December 15, 2016 Filing 93 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spencer Spirit Holdings, Inc. for Spencer Gifts LLC. Document filed by Spencer Gifts LLC.(Frid, Alexander)
December 15, 2016 Filing 92 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Infinity 1 Inc..(Frid, Alexander)
December 15, 2016 Filing 91 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Infinity 1 Inc..(Frid, Alexander)
December 15, 2016 Filing 90 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Rock.com, Inc..(Frid, Alexander)
December 15, 2016 Filing 89 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Rock.com Group, Inc. for Rock.com, Inc.. Document filed by Rock.com, Inc..(Frid, Alexander)
December 15, 2016 Filing 88 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Scorpio Posters, Inc..(Frid, Alexander)
December 15, 2016 Filing 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scorpio Posters, Inc..(Frid, Alexander)
December 15, 2016 Filing 86 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Sears Holdings Corporation.(Frid, Alexander)
December 15, 2016 Filing 85 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sears Holdings Corporation.(Frid, Alexander)
December 15, 2016 Filing 84 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd..(Frid, Alexander)
December 15, 2016 Filing 83 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Global Merchandising Services Ltd. for Global Merchandising Services Inc.. Document filed by Global Merchandising Services Inc..(Frid, Alexander)
December 15, 2016 Filing 82 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Global Merchandising Services Ltd..(Frid, Alexander)
December 15, 2016 Filing 81 ANSWER to #1 Complaint,,, with JURY DEMAND. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc..(Frid, Alexander)
December 15, 2016 Filing 80 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate LN Acquisition Holdco LLC, Other Affiliate Live Nation Worldwide, Inc. for Live Nation Merchandise, Inc.. Document filed by Live Nation Merchandise, Inc..(Frid, Alexander)
December 15, 2016 Filing 79 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Live Nation Worldwide, Inc. for Live Nation Concerts, Inc.. Document filed by Live Nation Concerts, Inc..(Frid, Alexander)
December 15, 2016 Filing 78 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Liberty Media Corporation for Live Nation Entertainment, Inc.. Document filed by Live Nation Entertainment, Inc..(Frid, Alexander)
December 15, 2016 Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Live Nation Entertainment, Inc. for Live Nation Worldwide, Inc.. Document filed by Live Nation Worldwide, Inc..(Frid, Alexander)
December 13, 2016 Opinion or Order Filing 76 ORDER FOR ADMISSION PRO HAC VICE granting #73 Motion for David. W. Schecter to Appear Pro Hac Vice. (As further set forth in this Order.) DE # 73 resolved. (Signed by Judge Laura Taylor Swain on 12/12/2016) (cf)
December 13, 2016 Filing 75 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against Barry Levine, Neil Zlozower. Document filed by Motley Crue, Inc., Motley Crue Touring, Inc.. (Attachments: #1 Exhibit A)(Frid, Alexander)
December 13, 2016 Opinion or Order Filing 74 ORDER FOR ADMISSION PRO HAC VICE granting #72 Motion for Alexander Sasha Frid to Appear Pro Hac Vice. DE #72 resolved. (Signed by Judge Laura Taylor Swain on 12/12/2016) (kgo)
December 8, 2016 Filing 73 MOTION for David W. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13074152. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (Attachments: #1 Proposed Order)(Schecter, David)
December 8, 2016 Filing 72 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13074058. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (Attachments: #1 Proposed Order)(Frid, Alexander)
December 8, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13074058. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 8, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #73 MOTION for David W. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13074152. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 6, 2016 Filing 71 NOTICE OF DISMISSAL WITHOUT PREJUDICE Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs Neil Zlozower and Barry Levine hereby gives notice of dismissal without prejudice to the following party: Amazon.com, Inc. Amazon.com, Inc. terminated. (Signed by Judge Laura Taylor Swain on 12/6/2016) (cf)
December 2, 2016 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Richard Liebowitz to E-MAIL Document No. #70 Notice of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
November 30, 2016 Filing 70 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT PREJUDICE prejudice against the defendant(s) Amazon.com, Inc.. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard) Modified on 12/2/2016 (km).
November 30, 2016 Opinion or Order Filing 69 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: it is hereby STIPULATED AND AGREED by and between the undersigned attorneys of record for the parties as indicated below, that defendant Jet. com Inc.'s time to serve its answer, move, or otherwise respond to the complaint has been extended from December 1, 2016 to and including January 2, 2017. This is the defendant's third request for an extension. Jet.com, Inc. answer due 1/2/2017. (Signed by Judge Laura Taylor Swain on 11/30/2016) (cf)
November 18, 2016 Opinion or Order Filing 68 ORDER FOR ADMISSION PRO HAC VICE granting #59 Motion for Alexander Sasha Frid to Appear Pro Hac Vice. DE # 59 resolved. (Signed by Judge Laura Taylor Swain on 11/17/2016) (tn)
November 18, 2016 Opinion or Order Filing 67 ORDER FOR ADMISSION PRO HAC VICE granting #60 Motion for David W. Schecter to Appear Pro Hac Vice. DE # 60 resolved. (Signed by Judge Laura Taylor Swain on 11/17/2016) (tn)
November 18, 2016 Opinion or Order Filing 66 ORDER FOR ADMISSION PRO HAC VICE OF SONALI D. MAITRA granting #65 Motion for Sonali D. Maitra to Appear Pro Hac Vice. DE # 65 resolved. (Signed by Judge Laura Taylor Swain on 11/17/2016) (tn)
November 17, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Sonali Deeksha Maitra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994935. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jcu)
November 16, 2016 Filing 65 MOTION for Sonali Deeksha Maitra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994935. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Maitra, Sonali)
November 16, 2016 Opinion or Order Filing 64 MEMO ENDORSEMENT on re: #62 Letter filed by Fantasy Activewear, Inc. (Further to your Order dated October 11, 2016 dismissing this litigation as against Defendant Fantasy Activewear, Inc., and as this firm does not represent any other party involved in this litigation, we respectfully request that the Court direct the clerk to remove Fantasy Activewear, Inc. from the docket). ENDORSEMENT: The Clerk of court is so directed. DE# 62 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/16/2016) (ama)
November 16, 2016 Opinion or Order Filing 63 ORDER granting #61 Letter Motion for Extension of Time to Answer. The requested extension is Granted. DE# 61 resolved. SO ORDERED. Motley Crue, Inc. answer due 12/28/2016. (Signed by Judge Laura Taylor Swain on 11/16/2016) (ama)
November 16, 2016 Filing 62 LETTER addressed to Judge Laura Taylor Swain from Emily A. Danchuk, Esq. dated November 16, 2016 re: Removal from Case Docket/ECF. Document filed by Fantasy Activewear, Inc..(Danchuk, Emily)
November 15, 2016 Filing 61 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Richard Liebowitz dated 11/15/2016. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
November 15, 2016 Filing 60 MOTION for David W. Schecter to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955932). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order - Order for Admission Pro Hac Vice)(Schecter, David)
November 15, 2016 Filing 59 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955704). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order - Order for Admission Pro Hac Vice)(Frid, Alexander)
November 15, 2016 Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, (Fees paid, Receipt No. 0208-12955932)., MOTION for David W. Schecter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order - Order for Admission Pro Hac Vice)(Schecter, David) Modified on 11/15/2016 (wb).
November 15, 2016 Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, of Alexander Sasha Frid (Fees paid, Receipt No. 0208-12955704). Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order - Order for Admission Pro Hac Vice)(Frid, Alexander) Modified on 11/15/2016 (wb).
November 15, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for David W. Schecter to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955932). Motion and supporting papers to be reviewed by Clerk's Office staff., #59 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955704). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 15, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #58 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, (Fees paid, Receipt No. 0208-12955932). MOTION for David W. Schecter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #57 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, of Alexander Sasha Frid (Fees paid, Receipt No. 0208-12955704)... The filing is deficient for the following reason(s): the wrong event type was used to file the motion;. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
November 15, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for David W. Schecter to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955932). Motion and supporting papers to be reviewed by Clerk's Office staff., #59 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice (Fees paid, Receipt No. 0208-12955704). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 7, 2016 Filing 56 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc..(Margiotta, John)
November 7, 2016 Filing 55 ANSWER to #1 Complaint,,, with JURY DEMAND., COUNTERCLAIM against Barry Levine, Neil Zlozower. Document filed by Motley Crue, Inc., Motley Crue Touring, Inc..(Margiotta, John)
November 7, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #54 MOTION for David W. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12955932. Motion and supporting papers to be reviewed by Clerk's Office staff., #53 MOTION for Alexander Sasha Frid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12955704. 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 from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 4, 2016 Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David W. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12955932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order for Admission Pro Hac Vice)(Schecter, David) Modified on 11/7/2016 (bcu).
November 4, 2016 Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alexander Sasha Frid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12955704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Motley Crue Touring, Inc., Motley Crue, Inc.. (Attachments: #1 Text of Proposed Order for Admission Pro Hac Vice)(Frid, Alexander) Modified on 11/7/2016 (bcu).
November 1, 2016 Filing 52 MEMO ENDORSEMENT on re: #46 Letter re: Removal from Electronic Case Filing system filed by Gildan Apparel USA Inc. ENDORSEMENT: The Clerk of Court is so directed. DE # 46 resolved. (Attorney Jessica Lynne Supernaw terminated.) (Signed by Judge Laura Taylor Swain on 11/1/2016) (cla)
November 1, 2016 Filing 51 MEMO ENDORSEMENT on re: #48 Letter re: Removal from Electronic Case Filing system, filed by Fruit of the Loom, Inc. The Clerk of Court is so directed. DE # 48 resolved. (Attorney Rebecca Anne Brazzano terminated.) (Signed by Judge Laura Taylor Swain on 11/1/2016) (cla)
November 1, 2016 Filing 50 MEMO ENDORSEMENT on re: #47 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Richard Liebowitz dated October 27, 2016. filed by Neil Zlozower, Barry Levine. ENDORSEMENT: The requested extension is granted. DE # 47 resolved.(Global Merchandising Services Inc. answer due 12/2/2016; Global Merchandising Services Ltd. answer due 12/2/2016; Hot Topic, Inc. answer due 12/2/2016; Infinity 1 Inc. answer due 12/2/2016; Jet.com, Inc. answer due 12/2/2016; Live Nation Concerts, Inc. answer due 12/2/2016; Live Nation Entertainment, Inc. answer due 12/2/2016; Live Nation Merchandise, Inc. answer due 12/2/2016; Live Nation Worldwide, Inc. answer due 12/2/2016; Motley Crue Touring, Inc. answer due 12/2/2016; Motley Crue, Inc. answer due 12/2/2016; Rock.com, Inc. answer due 12/2/2016; Scorpio Posters, Inc. answer due 12/2/2016; Sears Holdings Corporation answer due 12/2/2016; Spencer Gifts LLC answer due 12/2/2016.) (Signed by Judge Laura Taylor Swain on 11/1/2016) (cla)
November 1, 2016 Opinion or Order Filing 49 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: It is hereby STIPULATED AND AGREED by and between the undersigned attorneys of record for the parties as indicated below, that defendant Jet.com Inc.'s time to serve its answer, move, or otherwise respond to the complaint has been extended from November 1, 2016 to and including December 1, 2016. This is the defendant's second request for an extension. (Jet.com, Inc. answer due 12/1/2016.) (Signed by Judge Laura Taylor Swain on 11/1/2016) (cla)
October 27, 2016 Filing 48 LETTER addressed to Judge Laura Taylor Swain from Rebecca Brazzano dated October 27, 2016 re: Removal from Electronic Case Filing system. Document filed by Fruit of the Loom, Inc..(Brazzano, Rebecca)
October 27, 2016 Filing 47 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Richard Liebowitz dated October 27, 2016. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
October 27, 2016 Filing 46 LETTER addressed to Judge Laura Taylor Swain from Jessica L. Supernaw dated October 27, 2016 re: Removal from Electronic Case Filing system. Document filed by Gildan Apparel USA Inc..(Supernaw, Jessica)
October 26, 2016 Opinion or Order Filing 45 ORDER granting #44 Letter Motion for Extension of Time to Answer. The requested extension is granted. The initial pretrial conference is adjourned to January 19, 2017, at 10:30 AM and the related deadlines are modified accordingly. Amazon.com, Inc. answer due 12/2/2016 (Signed by Judge Laura Taylor Swain on 10/25/2016) (cf)
October 24, 2016 Filing 44 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Richard Liebowitz dated October 24, 2016. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
October 24, 2016 Filing 43 AFFIDAVIT OF SERVICE. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard)
October 11, 2016 Filing 42 NOTICE OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs Neil Zlozower and Barry Levine hereby gives notice of dismissal without prejudice to the following parties, TSC Apparel, LLC, Fruit of the Loom, Inc., Gildan Apparel USA Inc., Delta Apparel, Inc., Peace Textile America, Inc., and Fantasy Activewear, Inc. Fruit of the Loom, Inc., Gildan Apparel USA Inc., Peace Textile America, Inc., TSC Apparel, LLC, Delta Apparel, Inc. and Fantasy Activewear, Inc. terminated. (Signed by Judge Laura Taylor Swain on 10/11/2016) (cf)
October 11, 2016 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Richard Liebowitz to E-MAIL Document No. #41 Notice of Voluntary Dismissal to: judgments@nysd.uscourts.gov This document is not filed via ECF. (Please have attorney sign the Notice before e-mailing). (dt)
October 10, 2016 Filing 41 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT PREJUDICE prejudice against the defendant(s) Delta Apparel, Inc., Fantasy Activewear, Inc., Fruit of the Loom, Inc., Gildan Apparel USA Inc., Peace Textile America, Inc., TSC Apparel, LLC. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard) Modified on 10/11/2016 (dt).
October 7, 2016 Filing 40 WAIVER OF SERVICE RETURNED EXECUTED. Global Merchandising Services Ltd. waiver sent on 10/5/2016, answer due 12/5/2016. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
October 5, 2016 Filing 39 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Infinity 1 Inc. served on 9/23/2016, answer due 11/1/2016. Service was accepted by David Perry, Owner and Authorized to Accept Process. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 29, 2016 Filing 38 NOTICE OF APPEARANCE by Mioko Catherine Tajika on behalf of Jet.com, Inc.. (Tajika, Mioko)
September 29, 2016 Filing 37 NOTICE OF APPEARANCE by David Glenn Ebert on behalf of Jet.com, Inc.. (Ebert, David)
September 29, 2016 Opinion or Order Filing 36 ORDER granting #33 Letter Motion for Extension of Time to Answer. The request is granted. DE # 33 resolved. (Signed by Judge Laura Taylor Swain on 9/29/2016) (cf)
September 29, 2016 Opinion or Order Filing 35 ORDER granting #27 Letter Motion for Extension of Time. The request is granted. DE # 27 resolved. (Signed by Judge Laura Taylor Swain on 9/29/2016) (cf)
September 29, 2016 Filing 34 MEMO ENDORSEMENT on re: #25 Letter filed by Fantasy Activewear, Inc. ENDORSEMENT: The requested extension is granted. DE # 25 resolved. (Signed by Judge Laura Taylor Swain on 9/28/2016) (cf)
September 28, 2016 Filing 33 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,, addressed to Judge Laura Taylor Swain from Rebecca Brazzano dated September 28, 2016. Document filed by Fruit of the Loom, Inc..(Brazzano, Rebecca)
September 28, 2016 Opinion or Order Filing 32 ORDER granting #19 Letter Motion for Extension of Time to Answer. The request is granted. DE # 19 resolved. (Signed by Judge Laura Taylor Swain on 9/27/2016) (cf)
September 28, 2016 Opinion or Order Filing 31 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: It is hereby STIPULATED AND AGREED by and between the undersigned attorneys of record for the parties as indicated below, that defendant Jet.com Inc.'s time to serve its answer, move, or otherwise respond to the complaint has been extended from September 29, 20I6 to and including November 1, 2016. This is the defendant's first request for an extension. (Signed by Judge Laura Taylor Swain on 9/27/2016) (cf)
September 28, 2016 Opinion or Order Filing 30 ORDER granting #21 Letter Motion for Extension of Time to Answer. The request is granted. DE # 21 resolved. (Signed by Judge Laura Taylor Swain on 9/27/2016) (cf)
September 28, 2016 Opinion or Order Filing 29 ORDER granting #23 Letter Motion for Extension of Time to Answer. The request is granted. DE #23 resolved. (Signed by Judge Laura Taylor Swain on 9/27/2016) (cf)
September 28, 2016 Filing 28 NOTICE OF APPEARANCE by Rebecca Anne Brazzano on behalf of Fruit of the Loom, Inc.. (Brazzano, Rebecca)
September 27, 2016 Filing 27 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Laura Taylor Swain from Torello H. Calvani dated September 27, 2016. Document filed by Sears Holdings Corporation.(Calvani, Torello)
September 27, 2016 Filing 26 NOTICE OF APPEARANCE by Torello H. Calvani on behalf of Sears Holdings Corporation. (Calvani, Torello)
September 27, 2016 Filing 25 LETTER addressed to Judge Laura Taylor Swain from Emily A. Danchuk, Esq. dated September 27, 2016 re: Request for Extension to Respond to Complaint to November 1, 2016. Document filed by Fantasy Activewear, Inc..(Danchuk, Emily)
September 27, 2016 Filing 24 NOTICE OF APPEARANCE by Emily Alexa Danchuk on behalf of Fantasy Activewear, Inc.. (Danchuk, Emily)
September 26, 2016 Filing 23 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Richard Liebowitz dated September 26, 2016. Document filed by Barry Levine, Neil Zlozower.(Liebowitz, Richard)
September 26, 2016 Opinion or Order Filing 22 INITIAL CONFERENCE ORDER: Initial Conference set for 12/2/2016 at 12:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/26/2016) (cf) Modified on 9/26/2016 (cf).
September 26, 2016 Filing 21 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,, addressed to Judge Laura Taylor Swain from Jessica L. Supernaw dated 09/26/2016. Document filed by Gildan Apparel USA Inc..(Supernaw, Jessica)
September 26, 2016 Filing 20 NOTICE OF APPEARANCE by Jessica Lynne Supernaw on behalf of Gildan Apparel USA Inc.. (Supernaw, Jessica)
September 26, 2016 Filing 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Sandra A. Crawshaw-Sparks dated 9/23/16. Document filed by Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc..(Crawshaw, Sandra)
September 26, 2016 Filing 18 NOTICE OF APPEARANCE by Sandra Allison Crawshaw on behalf of Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc.. (Crawshaw, Sandra)
September 19, 2016 Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Delta Apparel, Inc. served on 9/8/2016, answer due 9/29/2016; TSC Apparel, LLC served on 9/8/2016, answer due 9/29/2016. Service was accepted by Nancy Dougherty, Clerk of the Office of the Secretary of State. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 19, 2016 Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Motley Crue, Inc. served on 9/8/2016, answer due 9/29/2016. Service was accepted by Ashley Berg of Ersidentagent, Inc.- Authorized to Accept Process on Behalf of Motley Crue, Inc.. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 19, 2016 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Motley Crue Touring, Inc. served on 9/8/2016, answer due 9/29/2016. Service was accepted by Bill, authorized to accept process of Registered Agent Paul Glass on Behalf of Motley Crue Touring, Inc.. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 19, 2016 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Fantasy Activewear, Inc. served on 9/8/2016, answer due 9/29/2016. Service was accepted by Receptionist, authorized to accept process on behalf of Fantasy Activewear, Inc.. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 19, 2016 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Amazon.com, Inc. served on 9/8/2016, answer due 9/29/2016; Fruit of the Loom, Inc. served on 9/8/2016, answer due 9/29/2016; Gildan Apparel USA Inc. served on 9/8/2016, answer due 9/29/2016; Global Merchandising Services Inc. served on 9/8/2016, answer due 9/29/2016; Hot Topic, Inc. served on 9/8/2016, answer due 9/29/2016; Jet.com, Inc. served on 9/8/2016, answer due 9/29/2016; Live Nation Concerts, Inc. served on 9/8/2016, answer due 9/29/2016; Live Nation Entertainment, Inc. served on 9/8/2016, answer due 9/29/2016; Live Nation Merchandise, Inc. served on 9/8/2016, answer due 9/29/2016; Live Nation Worldwide, Inc. served on 9/8/2016, answer due 9/29/2016; Rock.com, Inc. served on 9/8/2016, answer due 9/29/2016; Sears Holdings Corporation served on 9/8/2016, answer due 9/29/2016. Service was accepted by Melissa Sholly, Managing Agent/Lynanne Gares, Litigation Management Leader. Document filed by Barry Levine; Neil Zlozower. (Liebowitz, Richard)
September 7, 2016 Filing 12 ELECTRONIC SUMMONS ISSUED as to Delta Apparel, Inc., Fruit of the Loom, Inc., Gildan Apparel USA Inc., Peace Textile America, Inc., Scorpio Posters, Inc., TSC Apparel, LLC. (pc)
September 7, 2016 Filing 11 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (dgo)
September 7, 2016 Filing 10 ELECTRONIC SUMMONS ISSUED as to Amazon.com, Inc., Hot Topic, Inc., Infinity 1 Inc., Jet.com, Inc., Rock.com, Inc., Sears Holdings Corporation, Spencer Gifts LLC. (dgo)
September 7, 2016 Filing 9 ELECTRONIC SUMMONS ISSUED as to Global Merchandising Services Inc., Global Merchandising Services Ltd., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc.. (dgo)
September 7, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
September 7, 2016 Magistrate Judge Ronald L. Ellis is so designated. (dgo)
September 7, 2016 Case Designated ECF. (dgo)
September 6, 2016 Filing 8 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Liebowitz, Richard)
September 6, 2016 Filing 7 FILING ERROR - DUPLICATE DOCKET ENTRY CIVIL COVER SHEET filed. (Liebowitz, Richard) Modified on 9/7/2016 (dgo).
September 6, 2016 Filing 6 FILING ERROR - DUPLICATE DOCKET ENTRY CIVIL COVER SHEET filed. (Liebowitz, Richard) Modified on 9/7/2016 (dgo).
September 6, 2016 Filing 5 CIVIL COVER SHEET filed. (Liebowitz, Richard)
September 6, 2016 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to TSC Apparel, LLC, Fruit of the Loom, Inc., Gildan Apparel USA Inc., Peace Textile America, Inc., Fantasy Active Wear, Inc., Delta Apparel, Inc., and Scorpio Posters, Inc., re: #1 Complaint,,,. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard)
September 6, 2016 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hot Topic, Inc., Infinity 1 Inc., Spencer Gifts LLC, Rock.com, Inc., Jet.com, Inc., Sears Holdings Corporation, Amazon.com, Inc., re: #1 Complaint,,,. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard)
September 6, 2016 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Motley Crue, Inc., Motley Crue Touring, Inc., Live Nation Worldwide, Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Global Merchandising Services, Inc., Global Merchandising Services Ltd., re: #1 Complaint,,,. Document filed by Barry Levine, Neil Zlozower. (Liebowitz, Richard)
September 6, 2016 Filing 1 COMPLAINT against Amazon.com, Inc., Delta Apparel, Inc., Fantasy Activewear, Inc., Fruit of the Loom, Inc., Gildan Apparel USA Inc., Global Merchandising Services Inc., Global Merchandising Services Ltd., Hot Topic, Inc., Infinity 1 Inc., Jet.com, Inc., Live Nation Concerts, Inc., Live Nation Entertainment, Inc., Live Nation Merchandise, Inc., Live Nation Worldwide, Inc., Motley Crue Touring, Inc., Motley Crue, Inc., Peace Textile America, Inc., Rock.com, Inc., Scorpio Posters, Inc., Sears Holdings Corporation, Spencer Gifts LLC, TSC Apparel, LLC. (Filing Fee $ 400.00, Receipt Number 0208-12722859)Document filed by Barry Levine, Neil Zlozower. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Liebowitz, Richard)

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Search for this case: Zlozower et al v. Motley Crue, Inc. et al
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Defendant: Motley Crue, Inc
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Defendant: Delta Apparel, Inc.
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Defendant: Fantasy Activewear, Inc.
Represented By: Emily Alexa Danchuk
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Defendant: Motley Crue Touring, Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
Represented By: John Paul Margiotta
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Defendant: Rock.com, Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: Global Merchandising Services Ltd.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: Live Nation Concerts, Inc.
Represented By: David W. Schecter
Represented By: Sandra Allison Crawshaw
Represented By: Alexander Sasha Frid
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Defendant: Fruit of the Loom, Inc.
Represented By: Rebecca Anne Brazzano
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Defendant: Motley Crue, Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
Represented By: John Paul Margiotta
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Defendant: Amazon.com, Inc.
Represented By: Sonali Deeksha Maitra
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Defendant: Live Nation Entertainment, Inc.
Represented By: David W. Schecter
Represented By: Sandra Allison Crawshaw
Represented By: Alexander Sasha Frid
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Defendant: Hot Topic, Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: Gildan Apparel USA Inc.
Represented By: Jessica Lynne Supernaw
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Defendant: Jet.com, Inc.
Represented By: David Glenn Ebert
Represented By: Mioko Catherine Tajika
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Defendant: Spencer Gifts LLC
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: Global Merchandising Services Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: Sears Holdings Corporation
Represented By: David W. Schecter
Represented By: Torello H. Calvani
Represented By: Alexander Sasha Frid
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Defendant: Peace Textile America, Inc.
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Defendant: Live Nation Merchandise, Inc.
Represented By: David W. Schecter
Represented By: Sandra Allison Crawshaw
Represented By: Alexander Sasha Frid
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Defendant: Infinity 1 Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Defendant: TSC Apparel, LLC
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Defendant: Live Nation Worldwide, Inc.
Represented By: David W. Schecter
Represented By: Sandra Allison Crawshaw
Represented By: Alexander Sasha Frid
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Defendant: Scorpio Posters, Inc.
Represented By: David W. Schecter
Represented By: Alexander Sasha Frid
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Plaintiff: Zlozower
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Plaintiff: Neil Zlozower
Represented By: Yekaterina Tsyvkin
Represented By: Richard Liebowitz
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Plaintiff: Barry Levine
Represented By: Yekaterina Tsyvkin
Represented By: Richard Liebowitz
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