Experience Hendrix, L.L.C. et al v. Pitsicalis et al
| Experience Hendrix, L.L.C. and Authentic Hendrix, LLC |
| Andrew Pitsicalis, Leon Hendrix, Purple Haze Properties, LLC, Rockin Artwork, LLC, Carmen Cottone and C-Life Group, Ltd. |
| 1:2017cv01927 |
| March 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
521
OPINION AND ORDER: Accordingly, the Court grants the plaintiffs leave to make future service to Leon Hendrix via his icloud email address. The Court directs plaintiffs to serve this Order on Leon Hendrix and his counsel forthwith, and promptly thereafter to file, on the docket of this case, an affidavit attesting to such service. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2021) (jca)
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Filing
517
ORDER: For the reasons stated during the hearing, and based on the evidence received therein, including based on the limited (and now-severed) ties between HMA and Leon Hendrix, the Court with plaintiffs' consent vacates the contempt order, but solely as to Tina and HMA. The July 24, 2020 permanent injunction the Court issued against Leon Hendrix and his affiliates, see Dkt. 461, and the Court's January 11, 2021 order, otherwise remains in place. The Clerk of Court is respectful ly directed to terminate the motion pending at docket 502. SO ORDERED. Motions terminated: 502 MOTION to Vacate 496 Memorandum & Opinion,,, Default, or in the Alternative, Motion for Reconsideration, or in the Alternative, for Clarification and Tina Hendrix's Motion for Reconsideration, or in the Alternative, for Clarification</ filed by Hendrix Music Academy, Tina Hendrix. (Signed by Judge Paul A. Engelmayer on 2/11/2021) (jca)
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Filing
512
ORDER: The Court hereby schedules a telephonic oral argument on the pending motion to vacate, in part, the Court's January 11, 2021 Opinion. See Dkts. 496, 502. The argument is scheduled for Thursday, February 11, 2021, at 4 p.m. Lead counse l for the plaintiffs and counsel for Tina Hendrix and Hendrix Music Academy ("HMA"), Amanda Groover Hyland, Esq., are directed to attend. The Court also directs Tina Hendrix to attend. The hearing will be focused on when Tina Hendrix and HMA received notice of the plaintiffs cease and desist letter; the parties are also directed to be prepared to answer the question as to what the consequences would be were the Court to find that such notice was received by Tina Hendrix at the en d of October rather than August. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are also directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19. SO ORDERED. (Telephone Conference set for 2/11/2021 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/3/2021) (jca)
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Filing
506
OPINION & ORDER re: 504 MOTION to Stay re: 496 Memorandum & Opinion, 502 MOTION to Vacate 496 Memorandum & Opinion: Defendants Tina Hendrix and Hendrix Music Academy have filed a motion to vacate the Court's January 11, 20 21 Opinion and Order ("Opinion and Order"), Dkt. 496. Plaintiffs are directed to file a response by February 2, 2021. In particular, the Court directs plaintiffs to respond to Tina Hendrix's factual allegation that she was not served w ith notice of the injunctions in this case until November 2020. Upon receiving plaintiffs' response, the Court will then determine whether to schedule a hearing. Tina Hendrix and Hendrix Music Academy have also moved for a stay as to the Court&# 039;s Opinion and Order finding the parties in civil contempt, pending the Court's decision on their motion to vacate and any appeal on this matter. The Court denies that motion, without prejudice. The Court notes that, insofar as the directives in the Opinion and Order track those in the permanent injunction binding Leon Hendrix's affiliates, see Dkt. 461, there is no occasion to stay those directives. And to the extent that the Opinion and Order directs Tina Hendrix, individually and on behalf of the Hendrix Music Academy, to submit a sworn declaration within 60 days of the Opinion and Order, that deadline is not imminently, and the Court expects to resolve Tina Hendrix's application to vacate the order well in advance of the deadline for submission of such a declaration. (Set Deadlines/Hearing 502 MOTION to Vacate: Responses due by 2/2/2021) (Signed by Judge Paul A. Engelmayer on 1/26/2021) (jwh)
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Filing
500
ORDER: The Court thus approves as reasonable the billing rates of all timekeepers. The Court also finds the expenditures for service of process for which plaintiffs seek reimbursement to have been reasonably incurred. The Court accordingly orders tha t defendant Leon Hendrix compensate plaintiffs for the following amounts: (1) for the work of Dorothy M. Weber, $6,325; for the work of Joseph M. Conley, $9,262.50; and for the work of Andrew Dunn, $1,250for a total of $16,837.50; (2) for the costs for personal service of the contempt papers and the Court's October 20, 2020 Order on Leon Hendrix, $636.34. See Dkt. 498 at 5. The Court directs that plaintiffs serve this Order on Hendrix promptly and thereupon to file an affidavit attesting to such service on the docket of this case. Hendrix is ordered to pay the sums herein within two weeks of the date of service. (Signed by Judge Paul A. Engelmayer on 1/25/2021) (jwh)
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Filing
496
OPINION & ORDER re: 468 MOTION Finding of Civil Contempt: For the foregoing reasons, the Court grants plaintiffs' motion for civil contempt. Leon Hendrix, Tina Hendrix, and HMA are ordered to comply with this Order as well as the Court� 39;s previous injunction. Within 60 days from the date of this order, Leon Hendrix and Tina Hendrix, individually and on behalf of HMA, are ordered to submit sworn affidavits that they have read and complied with the directives herein and that they i ntend to abide by the permanent injunctions. Failure to comply will result in sanctions as discussed herein. In addition, Leon Hendrix is ordered to reimburse plaintiffs' reasonable attorneys' fees and costs in an amount to be determined by this Court. The Clerk of Court is respectfully directed to terminate the motion pending at docket 468. (Signed by Judge Paul A. Engelmayer on 1/11/2021) (jwh)
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Filing
483
ORDER OF SERVICE: The Court therefore grants the plaintiffs leave to effectuate the proposed alternative means of service on Tina Hendrix and Hendrix Music Academy. The Court directs the plaintiffs to serve a copy of the plaintiffs' papers in su pport of their contempt motion and this Order on these two defendants by email and to file proof of that service on ECF. Defendants Tina Hendrix and Hendrix Music Academy will have two weeks after such service is made to respond. (Signed by Judge Paul A. Engelmayer on 11/23/2020) (jwh)
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Filing
480
ORDER: On October 19, 2020, plaintiffs filed a motion for an order of civil contempt against defendant Leon Hendrix and non-parties Tina Hendrix and Hendrix Music Academy. Dkt. 468. On October 20, 2020, the Court ordered the plaintiffs to serve t his order and their papers in support of their motion on Leon Hendrix, Tina Hendrix, and Hendrix Music Academy, and to file proof of this service no later than October 26, 2020. Dkt. 471. The Court also ordered that Leon Hendrix and non-parties Ti na Hendrix and Hendrix Music Academy serve any opposition to the motion by November 9, 2020. Id. No opposition has been filed. However, the affidavits of service that the plaintiffs filed are insufficient to reliably persuade the Court that legally effective service was made. The Court accordingly orders the plaintiffs to file a letter explaining, specifically as to each of the three persons or entities as to whom service was attempted, why service was effective. Plaintiffs are, of course, at liberty to attempt proper service again. Plaintiffs' letter is due November 30, 2020. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/12/2020) (jca)
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Filing
471
ORDER: On October 19, 2020, plaintiffs filed a motion for an order of civil contempt against defendant Leon Hendrix and non-parties Tina Hendrix and Hendrix Music Academy. Dkt. 468. Accordingly, it is hereby ORDERED that defendant Leon Hendrix and no n-parties Tina Hendrix and Hendrix Music Academy shall serve any opposition to the motion by November 9, 2020. Plaintiffs' reply, if any, shall be served by November 16, 2020. At the time any reply is served, the moving party shall supply the Co urt with courtesy copies of all motion papers via email to EngelmayerNYSDChambers@nysd.uscourts.gov. Plaintiffs are to serve this order and their papers in support of their motion for an order of civil contempt on defendant Leon Hendrix and non-parties Tina Hendrix and Hendrix Music Academy forthwith and file proof of this service no later than October 26, 2020. (Signed by Judge Paul A. Engelmayer on 10/20/2020) (jwh) Modified on 10/20/2020 (jwh).
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Filing
465
CLERK'S JUDGMENT re: 458 Memorandum & Opinion, 463 Memo Endorsement. in favor of Authentic Hendrix, LLC, Experience Hendrix, L.L.C. against Leon Hendrix, in favor of Authentic Hendrix, LLC, Experience Hendrix, L.L.C. against Carmen Cot tone, in favor of Authentic Hendrix, LLC, Experience Hendrix, L.L.C. against Green Cures and Botanical Distribution, Inc.It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Court's Opinion and Order dated July 24, 2020, and the Mem o Endorsement dated August 5, 2020, the Court adopts Magistrate Judge Gorenstein's recommendations in their entirety; the Court awards plaintiffs the following money damages: (1) from defendant Hendrix, $240,000 in trademark damages, $ 125,000 in copyright damages, $36,445.19 in attorneys fees, and $573.34 in costs; (2) from defendant Cottone, $30,000 in trademark damages, $7,156,92 in attorneys' fees, and $614.20 in costs; and (3) from defendant GRCU, $13,900.25 in attorneys' fees and $2,491.60 in costs; accordingly this case is closed. (Signed by Clerk of Court Ruby Krajick on 08/06/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) (Main Document 465 replaced on 8/6/2020) (dt).
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Filing
461
ORDER OF PERMANENT INJUNCTION: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that injunctive relief is granted in favor of Experience Hendrix, LLC and Authentic Hendrix, LLC (collectively, the "Hendrix Companies" or "Plaintiffs"), a nd that the Defendant Leon Hendrix, his corporate entities, successors, assignees, designees, officers, directors, employees, agents, partners, representatives, affiliates, and those who receive actual notice or knowledge of this injunction by per sonal service or otherwise, are perpetually ordered and are perpetually restrained and enjoined. IT IS FURTHER ORDERED that, the Plaintiffs shall not be required to post any bond with the Clerk of the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECRE ED: 1. that this Court retain jurisdiction of the parties hereto for the purpose of any proceedings to enforce injunction; 2. that this injunction shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. (And as further set forth herein.) SO ORDERED. Leon Hendrix (an individual) terminated. (Signed by Judge Paul A. Engelmayer on 7/24/2020) (jca)
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Filing
440
ORDER: The Court having been advised by the Magistrate Judge that, following a settlement conference, plaintiffs' claims against defendant Grassroots Clothing, LLC, have been settled in principle, it is ORDERED that Grassroots Clothing, LLC, is hereby dismissed as a defendant, without prejudice to the right to reinstate Grassroots Clothing, LLC, as a defendant within thirty days of the date of this Order if the settlement is not consummated. The Clerk of Court is respectfully directed to terminate defendant Grassroots Clothing, LLC. (Grassroots Clothing, LLC terminated.) (Signed by Judge Paul A. Engelmayer on 2/3/2020) (jwh)
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Filing
439
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/28/2020) (jca)
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Filing
434
ORDER denying without prejudice as moot 432 Motion for Protective Order: In light of plaintiffs' representation that "[s]ince Grassroots will not appear in person for the Settlement Conference, the deposition notices are currently moot," the Court denies without prejudice defendant Grassroots Clothing's motion for a protective order regarding those same deposition notices, Dkt. 432, as moot. Plaintiffs are encouraged to abide by both the letter and the spirit of the Court's decision to stay any depositions in order to facilitate a meaningful settlement conference. (Signed by Judge Paul A. Engelmayer on 1/21/2020) (jwh)
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Filing
417
DEFAULT JUDGMENT AS TO LIABILITY in favor of Authentic Hendrix, LLC, Experience Hendrix, L.L.C. against Carmen Cottone. It is hereby ORDERED, ADJUDGED, AND DECREED, that pursuant to the Court's Order dated December 17, 2019, judgment of liability is entered in favor of Plaintiffs' and against Defendant Carmen Cottone. (Signed by Clerk of Court Ruby Krajick on 12/18/2019) (Attachments: # 1 Notice of Right to Appeal)(dt)
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Filing
415
ORDER granting in part and denying in part 390 Motion for Default Judgment. For the reasons stated on the record at the conference and default hearing held on December 16, 2019, the Court hereby orders the following: Plaintiffs' motion for default judgment against defendant Green Cures and Botanical Distribution, Inc., Dkt. 390, is granted. The Clerk of Court is respectfully directed to enter a default judgment as to liability against defendant Green Cures and Botanical Distributio n, Inc. The Court will issue a separate order referring the case to a Magistrate Judge for a damages inquest as to this defendant. Plaintiffs' motion for default judgment against defendant Carmen Cottone, Dkt. 390, is granted. The Clerk of Co urt is respectfully directed to enter a default judgment as to liability against defendant Carmen Cottone. The Court will issue a separate order referring the case to a Magistrate Judge for a damages inquest as to this defendant. In light of the pe rmanent injunction as to defaulting defendant Purple Haze Properties, LLC and plaintiffs' acquisition of this defendant in bankruptcy proceedings, the Court hereby dismisses defendant Purple Haze Properties, LLC on consent. In light of the pe rmanent injunction as to defaulting defendant Rockin Artwork, LLC and plaintiffs' acquisition of this defendant in bankruptcy proceedings, the Court hereby dismisses defendant Rockin Artwork, LLC on consent. Plaintiffs' motion for default judgment against defendant Grassroots Clothing, LLC, Dkt. 390, is held in abeyance. The Court will issue a separate order referring the parties to a Magistrate Judge for a settlement conference as to this defendant. The parties are instructed to con tact the Magistrate Judge's chambers by January 6, 2020 to schedule the conference on a mutually agreeable date. Defendant Grassroots Clothing, LLC is ordered to produce document discovery to plaintiffs by December 27, 2019. The motion of Tho mas Osinski and Darmin Bachu to withdraw as counsel for defendant Leon Hendrix, Dkt. 353, is granted. The Court notes Mr. Osinski's affidavit that he has served a copy of the Clerk's order of default judgment as to liability, Dkt. 402, on H endrix, Dkt 414. Mr. Osinski is directed to also serve Hendrix with a copy of the Court's order that sets out its reasons for granting default judgment, Dkt. 400. (Signed by Judge Paul A. Engelmayer on 12/17/2019) (rro) Transmission to Orders and Judgments Clerk for processing.
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Filing
413
NOTICE: CHANGE OF COURTROOM: The parties are hereby notified that the December 16, 2019, conference in this case, scheduled for 2:30 p.m., will be held at the Daniel Patrick Moynihan U.S. Courthouse, located at 500 Pearl Street, in Courtroom 15C. This is a change of courtroom only. (Signed by Judge Paul A. Engelmayer on 12/16/2019) (jwh)
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Filing
410
JUDGMENT AND INJUNCTION: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment is hereby granted and ordered entered as the judgment against Defendant Kurt S. Adler, Inc., in this action as follows: 1. This Court retain jurisdiction of the p arties hereto for the purpose of any proceedings to enforce injunction and for the continuing discovery obligations of Defendant Adler; 2. The parties hereto have waived appeal from this injunction: 3. The parties each shall bear then own costs and a ttorney fees; 4. This injunction shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns; 5. Nothing herein shall be construed as waiving or releasing any of Plaintiffs claims against an y of the other Defendants; and 6. In the event Defendant or any one of them breaches any provision of this So Ordered Permanent Injunction and Judgment and Plaintiffs must take any steps to enforce their rights hereunder, and Defendant and each of th em hereby: a. waives any defense statutory or equitable defense; and b. agrees to reimburse Plaintiffs for all of their costs, including actual attorneys' fees, incurred in connection with enforcing their rights under this Order; and c. shall pay to Plaintiffs the sum of Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages. Nothing herein shall preclude Plaintiffs from seeking additional damages and costs. (Signed by Judge Paul A. Engelmayer on 12/12/2019) (jwh)
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Filing
402
DEFAULT JUDGMENT AS TO LIABILITY in favor of Authentic Hendrix, LLC, Experience Hendrix, L.L.C. against Leon Hendrix. It is hereby ORDERED, ADJUDGED, AND DECREED, that pursuant to the Court's Order dated December 9, 2019, judgment of liability is entered in favor of Plaintiffs' and against Leon Hendrix. (Signed by Clerk of Court Ruby Krajick on 12/10/2019) (Attachments: # 1 Notice of Right to Appeal)(dt)
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Filing
400
ORDER: A status conference is scheduled in this case for December 16, 2019, at 2:30 pm. This conference will also serve as a default judgment hearing as to pro se individual defendant Carmen Cottone, pro se corporate defendant Green Cures & Botanical Distribution, Inc., and pro se corporate defendant Grassroots Clothing, LLC. See Dkt. 395. The parties are requested to submit a letter by close of business on December 11, 2019, identifying any motions, requests, or other issues that are outstandin g in this case, so that the Court may take them up at the status conference. The Court also wishes to remind counsel that the stipulation of voluntary dismissal as to Firefly Brand Management, LLC, Firefly Consumer Products, Inc., Cynthia Modders, fi led at Dkt. 378, was deemed deficient by the Clerk's office and needs to be re-filed consistent with the instructions issued by the Clerk on November 12, 2019. The Court anticipates endorsing the stipulation once it is refiled and encourages the parties to do so prior to the status conference. (Status Conference set for 12/16/2019 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/9/2019) (jwh)
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Filing
395
ORDER: The Court hereby orders that a hearing on plaintiffs' motion for default judgment be held on December 16, 2019, at 2:30 p.m. as part of the previously scheduled conference in this matter. Plaintiffs are directed to serve this order, as we ll as plaintiffs' motion for default judgment and supporting papers, on the specified defendants forthwith and to file proof of such service by December 6, 2019. (Set Deadlines/Hearing as to 390 MOTION for Default Judgment: Motion Hearing set for 12/16/2019 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/25/2019) (jwh)
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Filing
279
OPINION & ORDER. The Court accordingly orders that defendant Andrew Pitsicalis - and the other defendants denoted as the "PHP defendants" in the Court's November 27 decision - compensate plaintiffs for the following amounts: (1) f or the work of Shukat Arrow, $50,630.62; (2) for the work of the Crain Law Group, $5,469.75; and (3) for the work of Cloud9, $21,533.50. These total $77,633.87. Defendants are directed to pay this sum to Shukat Arrow by Thur sday, December 27, 2018, and to file a contemporaneous declaration on the docket of this Court attesting that this payment has been made in full. Defendants should not expect this deadline to be extended. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/17/2018) (anc)
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Filing
269
OPINION & ORDER re: 244 MOTION for Sanctions filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C., 237 MOTION for Preliminary Injunction filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C. Fo r the reasons stated above, the Court grants plaintiffs' motions for discovery sanctions, but denies without prejudice plaintiffs' motions for terminating sanctions and for a preliminary injunction. The Court respectfully directs the Clerk of Court to terminate the motions pending at Dkts. 237 and 244. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/27/2018) (anc)
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