Doug's Word Clocks.com Pty Ltd v. Princess International, Inc. et al
| Doug's Word Clocks.com Pty Ltd |
| Princess International, Inc., Joseph Friedman, Hammacher, Schlemmer & Co., Inc., Sharper Image Holdings, LLC, Camelot Venture Group, LLC, David Katzman, Steve Cicurel, Nicholas Pyett, Jim McDonald, Camelot SI, LLC and Iconix Brand Group, Inc. |
| 1:2016cv07322 |
| September 20, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Both |
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Filing
79
OPINION AND ORDER re: 45 MOTION for Sanctions Against Defendants Princess International, Inc., Jospeh Friedman, Camelot SI, LLC, and Hammacher, Schlemmer & Co., Inc., filed by Doug's Word Clocks.com Pty Ltd. In light of the for egoing, Doug's Word's motion for sanctions is GRANTED. Specifically, exercising its broad discretion to craft appropriate sanctions, the Court strikes the Answers of both Princess International and Friedman and deems the following facts t o be established: (1) that all clocks sold by Princess International to G&G were sold on Amazon for $85.67; (2) that the unaccounted-for $11,569.50 payment by Princess International to its manufacturer was payment for 615 clocks that wer e sold by Princess International for $85.67 each; and (3) that all word clocks produced or sold by all four Defendants were model # 1 clocks. Additionally, Defendants shall reimburse Doug's Word for its "reasonable expenses, includin g attorney's fees," caused by their failures to comply with the Court's Orders and their discovery obligations. Counsel shall confer in an effort to reach agreement on what constitutes "reasonable expenses" caused by Defend ants' failures. Barring agreement, Doug's Word shall submit a fee application, supported by contemporaneous billing records, no later than thirty days from this Opinion and Order; Defendants shall file any opposition within two weeks of any application. Absent leave of Court, Doug's Word may not file a reply. The suspension of litigation pending resolution of this motion (see Docket No. 41) is hereby lifted. Given that Defendants Princess International Friedman have new coun sel, the Court hereby ORDERS the parties to appear for a conference on October 4, 2017, at 4:15 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. By Thursday the week prior to the conference, the pa rties shall file on ECF a joint letter, not to exceed three (3) pages, regarding the status of the case and any matters that should be discussed at the conference. The letter should include any information that the parties believe may assist the C ourt in advancing the case to settlement or trial. The Clerk of Court is directed to terminate Docket No. 45. (Status Conference set for 10/4/2017 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/14/2017) (ras)
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