Death Adders Inc. v. Bloomingdales, Inc. et al
| Death Adders Inc. d/b/a Mishka NYC and Death Adders Inc. |
| Bloomingdales, Inc, Does 1-10, Century 21 Department Stores LLC, Bloomingdales, Inc., Yunity, Inc., Kayci Yun, Necessary Clothing Inc., S8 Apparel, Inc., Dolls Kill, Inc. and Paul Yun |
| 1:2017cv03053 |
| April 26, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H Pauley |
| Trademark |
| 15 U.S.C. § 1051 |
| Both |
Docket Report
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This docket was last retrieved on January 16, 2018. A more recent docket listing may be available from PACER.
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| Filing 118 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 1/16/2018 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (kgo) |
Filing 117
ORDER: It having been reported to this Court that this action has been or will be settled, this action is discontinued without costs to any party, and without prejudice to reopening this action if such an application is made within thirty (30) days of this Order. Any application to reopen must be filed within thirty (30) days of this Order, and any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for this Court to retain jurisdiction for the purposes of enforcing any settlement, they must submit the settlement agreement to this Court within the same thirty-day period to be "so ordered." All conferences and other deadlines are hereby vacated. The Clerk of Court is directed to terminate all pending motions and close this case. (Signed by Judge William H. Pauley, III on 1/16/2018) (kgo)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 1/8/2018. (rch) |
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Filing 116
ORDER: Both Plaintiff and S8 are directed to comply with the following deadlines: 1. S8 is directed to produce all relevant documents in response to Plaintiff's document requests by January 17, 2018. 2. S8 is directed to provide the proper confidentiality designations for all previous and future productions by January 17, 2018. 3. S8 is directed to provide a privilege log detailing the basis for its decision to withhold certain documents by January 17, 2018. 4. Plaintiff and S8 are directed to provide the dates and times for their respective depositions by January 11, 2018. S-8's failure to comply with these deadlines may result in sanctions...While Yunity's time to answer the Amended Complaint may have lapsed under the Federal Rules of Civil Procedure, the law abhors defaults. Thus, with Yunity having retained counsel and responded to the Amended Complaint, the issue of default is now moot, and as further set forth herein. (Signed by Judge William H. Pauley, III on 1/5/2018) (ras) Modified on 1/5/2018 (ras).
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| Filing 115 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Gaston Kroub dated 01/05/2018 re: Personal Electronic Devices. Document filed by Bloomingdales, Inc.. (Attachments: #1 Electronic Devices General Purpose)(Kroub, Gaston) |
| Filing 114 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Gaston Kroub dated 01/03/2018 re: Settlement Conference. Document filed by Bloomingdales, Inc., Century 21 Department Stores LLC, Necessary Clothing Inc., Yunity, Inc..(Kroub, Gaston) |
| Filing 113 NOTICE OF APPEARANCE by Ilya Kushnirsky on behalf of Death Adders Inc.. (Kushnirsky, Ilya) |
| Filing 112 FIRST LETTER addressed to Judge William H. Pauley, III from Carl L. Steccato dated 12/28/17 re: request court's denial of plaintiff's baseless demand for contempt and sanctions against S8. Document filed by S8 Apparel, Inc., Kayci Yun.(Steccato, Carl) |
| Filing 111 ANSWER to #64 Amended Complaint, with JURY DEMAND. Document filed by Yunity, Inc..(Kroub, Gaston) |
| Filing 110 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Yunity, Inc..(Kroub, Gaston) |
| Filing 109 NOTICE OF APPEARANCE by Gaston Kroub on behalf of Yunity, Inc.. (Kroub, Gaston) |
| Filing 108 LETTER addressed to Judge William H. Pauley, III from Andrew Gerber dated 12/22/17 re: S8 Contempt of Court. Document filed by Death Adders Inc..(Gerber, Andrew) |
| Filing 107 MEMO ENDORSEMENT on re: #99 Letter filed by Death Adders Inc. ENDORSEMENT: Application granted. The pre-motion conference shall be held on January 25, 2018 at 11:00 a.m. ( Pre-Motion Conference set for 1/25/2018 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/19/2017) (mro) |
| Filing 106 ANSWER to #64 Amended Complaint, with JURY DEMAND. Document filed by Century 21 Department Stores LLC, Necessary Clothing Inc..(Kroub, Gaston) |
| Filing 105 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Necessary Clothing Inc..(Kroub, Gaston) |
| Filing 104 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Century 21 Department Stores LLC.(Kroub, Gaston) |
| Filing 103 NOTICE OF APPEARANCE by Gaston Kroub on behalf of Century 21 Department Stores LLC. (Kroub, Gaston) |
| Filing 102 NOTICE OF APPEARANCE by Gaston Kroub on behalf of Necessary Clothing Inc.. (Kroub, Gaston) |
| Filing 101 ANSWER to #64 Amended Complaint, with JURY DEMAND. Document filed by Kayci Yun, Paul Yun.(Koba, Nancy) |
| Filing 100 NOTICE OF APPEARANCE by Nancy Quinn Koba on behalf of Kayci Yun, Paul Yun. (Koba, Nancy) |
| Filing 99 LETTER addressed to Judge William H. Pauley, III from Andrew Gerber dated 12/18/17 re: Pre-Motion Conference re: Default. Document filed by Death Adders Inc..(Gerber, Andrew) |
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Filing 98
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, January 8, 2018 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. And as set forth herein in this Order. SO ORDERED. Settlement Conference set for 1/8/2018 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/12/2017) (ama)
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| Filing 97 SUMMONS RETURNED EXECUTED. Necessary Clothing Inc. served on 11/27/2017, answer due 12/18/2017. Service was accepted by Leeanna Marie Desinore, Store Manager. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 96 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew Gerber dated 12/12/17 re: Settlement Conference. Document filed by Death Adders Inc..(Gerber, Andrew) |
| Filing 95 SUMMONS RETURNED EXECUTED. Kayci Yun served on 11/27/2017, answer due 12/18/2017. Service was accepted by Jane Doe, Employee of Kayci Yun. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 94 SUMMONS RETURNED EXECUTED. Yunity, Inc. served on 11/22/2017, answer due 12/13/2017. Service was accepted by Kirk Y., Employee. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 12/6/2017. (Choi, Brian) |
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Filing 93
ORDER: The parties having appeared for a discovery conference on December 6, 2017, Defendant S8 Apparel Inc. ("S8") is directed, by close of business on December 8, 2017, to: (1) amend its responses and objections to Plaintiff's initial discovery requests, including submitting proper responses on what was produced and withheld; (2) produce additional responsive documents and provide a timeline for such productions; (3) re-produce all previously produced documents with proper confidentiality designations; and (4) confirm the dates and times on which its principals may be deposed. (See ECF No. 72.) Additionally, S8 is directed to respond to Plaintiff's second request for production of documents by the close of business on December 11, 2017. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/6/2017) (anc)
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| Filing 92 SUMMONS RETURNED EXECUTED. Paul Yun served on 11/27/2017, answer due 12/18/2017. Service was accepted by Kirk Y., Employee. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 91 SUMMONS RETURNED EXECUTED. Century 21 Department Stores LLC served on 11/22/2017, answer due 12/13/2017. Service was accepted by Shaun Nurul, Authorized Person to Accept Service of Process. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 90 ANSWER to #64 Amended Complaint, with JURY DEMAND. Document filed by Bloomingdales, Inc..(Kroub, Gaston) |
| Filing 89 ANSWER to #64 Amended Complaint,. Document filed by S8 Apparel, Inc..(Worger, Thomas) |
| Filing 88 LETTER RESPONSE to Motion addressed to Judge William H. Pauley, III from Nancy Koba dated 11/17/17 re: #72 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge William H. Pauley, III from Andrew Gerber dated 11/10/17. . Document filed by S8 Apparel, Inc.. (Worger, Thomas) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Thomas Worger to RE-FILE Document #87 LETTER MOTION for Local Rule 37.2 Conference in reply to Death Adder's letter addressed to Judge William H. Pauley, III from Nancy Koba dated 11/17/17. Use the event type Response to Motion (Letter) found under the event list Replies, Opposition and Supporting Documents. When asked, Is this a Letter Response to a Letter Motion?, click the Yes radio button, then complete the Docket Entry as Instructed. (db) |
| Filing 87 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference in reply to Death Adder's letter addressed to Judge William H. Pauley, III from Nancy Koba dated 11/17/17. Document filed by S8 Apparel, Inc.. Return Date set for 12/6/2017 at 11:00 AM.(Worger, Thomas) Modified on 11/20/2017 (db). |
| Filing 81 NOTICE OF APPEARANCE by Penelope Anne Fisher-Birch on behalf of Death Adders Inc.. (Fisher-Birch, Penelope) |
| Filing 80 MEMO ENDORSEMENT on re: #79 Letter filed by Dolls Kill, Inc. ENDORSEMENT: Application granted. The Clerk of Court is directed to terminate Clement Naples from the docket in this action. ( Attorney Clement Joseph Naples terminated.) (Signed by Judge William H. Pauley, III on 11/15/2017) (jwh) |
| Filing 86 ELECTRONIC SUMMONS ISSUED as to Kayci Yun. (sj) |
| Filing 85 ELECTRONIC SUMMONS ISSUED as to Paul Yun. (sj) |
| Filing 84 ELECTRONIC SUMMONS ISSUED as to Century 21 Department Stores LLC. (sj) |
| Filing 83 ELECTRONIC SUMMONS ISSUED as to Necessary Clothing Inc.. (sj) |
| Filing 82 ELECTRONIC SUMMONS ISSUED as to Yunity, Inc.. (sj) |
| Filing 79 LETTER addressed to Judge William H. Pauley, III from Clement Naples dated November 14, 2017 re: removal from the Court's distribution list. Document filed by Dolls Kill, Inc..(Naples, Clement) |
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Filing 78
ORDER granting #72 Letter Motion for Local Rule 37.2 Conference: Application granted. The discovery conference shall be held by teleconference on December 6, 2017 at 11:00 a.m. The parties are directed to call 888 363 4749 and enter code 3070580 to access the conference line. Further, Defendants are directed to provide a response to this letter by no later than November 17, 2017. (Telephone Conference set for 12/6/2017 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/14/2017) (jwh)
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| Filing 77 REQUEST FOR ISSUANCE OF SUMMONS as to Yunity, Inc., re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 76 REQUEST FOR ISSUANCE OF SUMMONS as to Necessary Clothing Inc., re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 75 REQUEST FOR ISSUANCE OF SUMMONS as to Century 21 Department Stores LLC, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 74 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Yun, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Filing 73 REQUEST FOR ISSUANCE OF SUMMONS as to Kayci Yun, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) |
| Set/Reset Deadlines: Responses due by 11/17/2017 (jwh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Gerber to RE-FILE Document No. #68 Request for Issuance of Summons, #70 Request for Issuance of Summons, #67 Request for Issuance of Summons, #66 Request for Issuance of Summons, #69 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; - IF A PARTY WAS NEVER ISSUED A SUMMONS, PLEASE REQUEST A NEW SUMMONS WITHOUT THE WORD AMENDED ON THE PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (laq) |
| Filing 72 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge William H. Pauley, III from Andrew Gerber dated 11/10/17. Document filed by Death Adders Inc..(Gerber, Andrew) |
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Filing 71
REVISED SCHEDULING ORDER: The following revised schedule is entered on consent: 1. Fact discovery shall be completed by March 15, 2018. 2. A joint pretrial order shall be filed by April 12, 2018. 3. A final pretrial conference shall be held on April 19, 2018 at 9:45 a.m. (Fact Discovery due by 3/15/2018. Final Pretrial Conference set for 4/19/2018 at 09:45 AM before Judge William H. Pauley III. Pretrial Order due by 4/12/2018.) (Signed by Judge William H. Pauley, III on 11/9/2017) (jwh) Modified on 11/14/2017 (jwh). Modified on 11/20/2017 (jwh).
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| Filing 70 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF SUMMONS as to Kayci Yun, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) Modified on 11/14/2017 (laq). |
| Filing 69 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF SUMMONS as to Paul Yun, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) Modified on 11/14/2017 (laq). |
| Filing 68 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF SUMMONS as to Century 21 Department Stores LLC, re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) Modified on 11/14/2017 (laq). |
| Filing 67 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF SUMMONS as to Necessary Clothing Inc., re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) Modified on 11/14/2017 (laq). |
| Filing 66 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF SUMMONS as to Yunity, Inc., re: #64 Amended Complaint,. Document filed by Death Adders Inc.. (Gerber, Andrew) Modified on 11/14/2017 (laq). |
| Filing 65 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from Andrew Gerber dated 11/9/17. Document filed by Death Adders Inc..(Gerber, Andrew) |
| Filing 64 AMENDED COMPLAINT amending #1 Complaint against Bloomingdales, Inc., Century 21 Department Stores LLC, Does 1-10, Necessary Clothing Inc., S8 Apparel, Inc., Kayci Yun, Paul Yun, Yunity, Inc. with JURY DEMAND.Document filed by Death Adders Inc.. Related document: #1 Complaint.(Gerber, Andrew) |
| Filing 63 MEMO ENDORSEMENT on re: #62 Letter filed by Death Adders Inc. ENDORSEMENT: Application granted. The Plaintiff may re-file its corrected amended complaint by November 7, 2017. ( Amended Pleadings due by 11/7/2017.) (Signed by Judge William H. Pauley, III on 11/6/2017) (mro) |
| Filing 62 LETTER addressed to Judge William H. Pauley, III from Andrew Gerber dated 11/6/17 re: Revised Amended Complaint. Document filed by Death Adders Inc..(Gerber, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Isaac Gerber. The party information for the following party/parties has been modified: Death Adders Inc. d/b/a Mishka NYC, Yunity, Inc. d/b/a Pixie Dust Clothing. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Isaac Gerber to RE-FILE Document No. #56 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; One of the parties selected that the amended complaint is to be filed against was a terminated party. The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Isaac Gerber to RE-FILE Document No. #61 Request for Issuance of Summons, #58 Request for Issuance of Summons, #59 Request for Issuance of Summons, #57 Request for Issuance of Summons, #60 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 61 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Paul Yun, re: #56 Amended Complaint,. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 11/6/2017 (vf). |
| Filing 60 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Kayci Yun, re: #56 Amended Complaint,. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 11/6/2017 (vf). |
| Filing 59 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Century 21 Department Stores LLC, re: #56 Amended Complaint,. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 11/6/2017 (vf). |
| Filing 58 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Necessary Clothing Inc., re: #56 Amended Complaint,. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 11/6/2017 (vf). |
| Filing 57 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Yunity, Inc. d/b/a Pixie Dust Clothing, re: #56 Amended Complaint,. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 11/6/2017 (vf). |
| Filing 56 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against Bloomingdales, Inc., Does 1-10, Dolls Kill, Inc., S8 Apparel, Inc., Yunity, Inc. d/b/a Pixie Dust Clothing, Necessary Clothing Inc., Century 21 Department Stores LLC, Paul Yun, Kayci Yun with JURY DEMAND.Document filed by Death Adders Inc. d/b/a Mishka NYC. Related document: #1 Complaint.(Gerber, Andrew) Modified on 11/6/2017 (pc). |
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Filing 55
ORDER, Plaintiff is directed to file an amended complaint by no later than November 3, 2017. The parties are directed to re-schedule a settlement conference with Magistrate Judge Gorenstein to explore the possibility of settlement based on the anticipated filing of the amended complaint. So Ordered. (Amended Pleadings due by 11/3/2017.) (Signed by Judge William H. Pauley, III on 10/25/17) (yv)
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| Filing 54 LETTER addressed to Judge William H. Pauley, III from Nancy Koba dated 10/20/2017 re: Plaintiff's request for pre-motion conference. Document filed by S8 Apparel, Inc..(Worger, Thomas) |
| Filing 53 LETTER addressed to Judge William H. Pauley, III from Andrew Gerber dated 10/16/2017 re: Request for Pre-Motion Conference. Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
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Filing 52
ORDER: As discussed at a telephone conference held today among counsel, the settlement conference scheduled for October 16, 2017 at 2:30 p.m. is adjourned sine die. The parties shall write to the Court as soon as they are both prepared to participate in such a conference and it will be rescheduled promptly. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/13/2017) (ap)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 10/13/2017. (rch) |
| Filing 51 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Gaston Kroub dated 10/10/2017 re: Dkt. 50- Order Scheduling a Settlement Conference. Document filed by Bloomingdales, Inc..(Kroub, Gaston) |
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Filing 50
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for October 16, 2017 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. And as set forth herein. SO ORDERED. Settlement Conference set for 10/16/2017 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/29/2017) (ama)
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| Filing 49 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew Gerber dated 9/28/2017 re: Settlement Conference Scheduling. Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 9/27/2017. (Choi, Brian) |
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Filing 48
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge William H. Pauley, III on 9/27/2017) (mro)
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Filing 47
SCHEDULING ORDER denying without prejudice #42 Motion for Attorney Fees. The parties having appeared for an initial conference on September 27, 2017, the following schedule is entered on consent: 1. Defendants shall provide copies of invoices relating to the sale of jackets bearing the alleged counterfeited trademark to Plaintiff by October 4, 2017. 2. Fact discovery shall be completed by December 15, 2017. 3. A joint pretrial order shall be filed by January 12, 2018. 4. A final pretrial conference shall be held on January 19, 2018 at 9:45 a.m. Further, for the reasons stated on the record at the conference, Plaintiff's motion for attorneys' fees and costs (ECF No. 42) is denied without prejudice. (Signed by Judge William H. Pauley, III on 9/27/2017) (mro)
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| Set/Reset Deadlines: ( Fact Discovery due by 12/15/2017., Pretrial Order due by 1/12/2018.), Set/Reset Hearings:( Final Pretrial Conference set for 1/19/2018 at 09:45 AM before Judge William H. Pauley III.) (mro) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: #42 MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 4(d)(2). . Document filed by S8 Apparel, Inc.. (Worger, Thomas) |
| Filing 45 NOTICE OF APPEARANCE by Thomas Worger on behalf of S8 Apparel, Inc.. (Worger, Thomas) |
| Filing 44 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by S8 Apparel, Inc..(Koba, Nancy) |
| Filing 43 AFFIRMATION of Andrew I. Gerber in Support re: #42 MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 4(d)(2).. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 42 MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 4(d)(2). Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Isaac Gerber to RE-FILE Document #38 MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 4(d)(2). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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Filing 41
SCHEDULING ORDER: The initial conference, once scheduled for August 25, 2017, is hereby re-scheduled on consent of the parties to September 27, 2017 at 11:00 a.m. (Initial Conference set for 9/27/2017 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/29/2017) (jwh)
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| Filing 40 NOTICE OF DISMISSAL AS TO DOLLS KILL, INC.: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Death Adders Inc. dismisses this action with prejudice against Defendant Dolls Kill, Inc., with each party to bear its own costs. (Dolls Kill, Inc. terminated.) (Signed by Judge William H. Pauley, III on 8/21/2017) (jwh) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Andrew Gerber for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #39 Notice of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 39 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, WITH prejudice against the defendant(s) Dolls Kill, Inc.. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 8/21/2017 (km). |
| Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 4(d)(2). Document filed by Death Adders Inc. d/b/a Mishka NYC. Return Date set for 8/25/2017 at 10:30 AM.(Gerber, Andrew) Modified on 9/15/2017 (ldi). |
| Filing 37 ANSWER to #1 Complaint with JURY DEMAND. Document filed by S8 Apparel, Inc..(Koba, Nancy) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S8 Apparel, Inc..(Koba, Nancy) |
| Filing 35 NOTICE OF APPEARANCE by Nancy Quinn Koba on behalf of S8 Apparel, Inc.. (Koba, Nancy) |
| Filing 34 NOTICE OF APPEARANCE by Nancy Quinn Koba on behalf of S8 Apparel, Inc.. (Koba, Nancy) |
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to Answer: Application granted. (Dolls Kill, Inc. answer due 8/25/2017.) (Signed by Judge William H. Pauley, III on 7/20/2017) (jwh)
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| Filing 32 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge William H. Pauley, III from Clement Naples dated July 20, 2017. Document filed by Dolls Kill, Inc..(Naples, Clement) |
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Filing 31
ORDER granting #30 Letter Motion to Adjourn Conference: Application granted. The initial conference is adjourned to August 25, 2017 at 10:30 a.m. (Initial Conference set for 8/25/2017 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/12/2017) (jwh)
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| Filing 30 FIRST LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Gaston Kroub dated July 12, 2017. Document filed by Bloomingdales, Inc..(Kroub, Gaston) |
| Filing 29 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Bloomingdales, Inc..(Silbersher, Zachary) |
| Filing 28 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Macys, Inc., Corporate Parent Macys Retail Holdings, Inc. for Bloomingdales, Inc.. Document filed by Bloomingdales, Inc..(Silbersher, Zachary) |
| Filing 27 NOTICE OF APPEARANCE by Gaston Kroub on behalf of Bloomingdales, Inc.. (Kroub, Gaston) |
| Filing 26 NOTICE OF APPEARANCE by Zachary David Silbersher on behalf of Bloomingdales, Inc.. (Silbersher, Zachary) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Answer. Application granted. SO ORDERED. (S8 Apparel, Inc. answer due 7/28/2017.) (Signed by Judge William H. Pauley, III on 7/5/2017) (ras)
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| Filing 24 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge William H. Pauley, III from Nancy Quinn Koba dated July 5, 2017. Document filed by S8 Apparel, Inc..(Koba, Nancy) |
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Filing 23
ORDER: granting #20 Letter Motion for Extension of Time to Answer. Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 7-26-17. Dolls Kill, Inc. answer due 7/26/2017. (Signed by Judge Victor Marrero on 7/5/2017) (ap)
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| Filing 22 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
| Filing 21 LETTER addressed to Judge William H. Pauley, III from Andrew Gerber dated 06/30/17 re: Rule 26(f) Report. Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
| Filing 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge William H. Pauley, III from Clement Naples dated June 29, 2017. Document filed by Dolls Kill, Inc..(Naples, Clement) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint served. S8 Apparel, Inc. served on 6/16/2017, answer due 7/7/2017. Service was accepted by Janice Yun, Manager. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint served. Bloomingdales, Inc. served on 6/19/2017, answer due 7/10/2017. Service was accepted by Amy McLaren, Authorized Agent. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Dolls Kill, Inc. served on 6/13/2017, answer due 7/5/2017. Service was accepted by Lynanne Gares, Process Intake. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to S8 Apparel, Inc.. (rch) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Bloomingdales, Inc.. (rch) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to S8 APPAREL, INC., re: #1 Complaint. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Bloomingdales, Inc., re: #1 Complaint. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 12 WAIVER OF SERVICE RETURNED UNEXECUTED as to S8 APPAREL, INC.. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| Filing 11 WAIVER OF SERVICE RETURNED UNEXECUTED as to Bloomingdales, Inc.. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
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Filing 10
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/14/2017 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, and as further set forth in this order. (Signed by Judge William H. Pauley, III on 5/15/2017) (ap)
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| Filing 9 ELECTRONIC AMENDED SUMMONS ISSUED as to Dolls Kill, Inc. (kl) |
| Filing 8 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Dolls Kill, Inc., re: #1 Complaint. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE ADD THE WORD "AMENDED" TO THE TITLE OF THE SUMMONS IN A CIVIL ACTION. Re-file the document using the event type Request for Issuance of AMENDED Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to Dolls Kill, Inc., re: #1 Complaint. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) Modified on 5/10/2017 (kl). |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Dolls Kill, Inc. (jvs) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
| Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Gerber, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dolls Kill, Inc., re: #1 Complaint. Document filed by Death Adders Inc. d/b/a Mishka NYC. (Gerber, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Isaac Gerber. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1125la; County code XX Out of State;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15 U.S.C. 1051; the County code has been modified to Kings;. (jvs) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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. (jvs) |
| Case Designated ECF. (jvs) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (jvs) |
| Filing 2 CIVIL COVER SHEET filed. (Gerber, Andrew) |
| Filing 1 COMPLAINT against Bloomingdales, Inc., Does 1-10, Dolls Kill, Inc., S8 Apparel, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13589714)Document filed by Death Adders Inc. d/b/a Mishka NYC.(Gerber, Andrew) |
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