Buscemi, LLC v. Styleline Studios International Ltd. et al
| Buscemi, LLC |
| JSL Studio Intl LLC, Styleline Studios International Ltd., Styleline Studios International Ltd. doing business as J/Slides doing business as J/Slides NYC, JSL Studio Intl LLC doing business as J/Slides doing business as J/Slides NYC, HSN, Inc., Belk, Inc., Styleline Studios, LLC doing business as J/Slides doing business as J/Slides NYC doing business as J/Slides Footwear and Dillard's, Inc. |
| Styleline Studios, LLC |
| Jildor Shoes, Inc. |
| 1:2017cv03971 |
| May 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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Filing 62
STIPULATED ORDER OF DISMISSAL: IT IS ORDERED that, pursuant to Federal Rule of Civil Procedure 41(a), Styleline's counterclaim for invalidity of U.S. Patent D 787,172 is hereby dismissed without prejudice. All claims and counterclaims brought by Buscemi and Styleline in this action are hereby dismissed with prejudice. Each party shall bear its own attorneys' fees, expenses and costs. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/30/2018) (rj)
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| Filing 61 AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 1/10/2018 in a court action filed on the following patent(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) |
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Filing 60
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 1/10/2018) (kgo)
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| Filing 59 LETTER MOTION for Extension of Time of Remaining Briefing Deadlines for Motion for Judgement on the Pleadings addressed to Judge Lorna G. Schofield from Kerry B. Brownlee dated January 10, 2018. Document filed by Buscemi, LLC. (Attachments: #1 Text of Proposed Order)(Brownlee, Kerry) |
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Filing 58
ORDER granting #57 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendants' deadline to respond to the Second Amended Complaint is extended from January 2, 2018, to February 1, 2018. No further extensions. Belk, Inc. answer due 2/1/2018; Dillard's, Inc. answer due 2/1/2018; HSN, Inc. answer due 2/1/2018; Styleline Studios, LLC answer due 2/1/2018. (Signed by Judge Lorna G. Schofield on 1/2/2018) (kgo)
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| Filing 57 SECOND LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, on consent, for newly-added Defendants, addressed to Judge Lorna G. Schofield from Aldo A. Badini dated December 29, 2017. Document filed by Styleline Studios, LLC. (Attachments: #1 Text of Proposed Order)(Badini, Aldo) |
| Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION for Judgment on the Pleadings . . Document filed by Styleline Studios, LLC. (Badini, Aldo) |
| Filing 55 MOTION for Judgment on the Pleadings . Document filed by Styleline Studios, LLC. Responses due by 1/12/2018(Badini, Aldo) |
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Filing 54
ORDER: It is hereby ORDERED that, for the reasons stated at the conference, discovery is STAYED during the pendency of Defendants' motion for judgment on the pleadings. It is further ORDERED that Defendants shall file their motion for judgment on the pleadings on or before December 15, 2017. Plaintiff shall file its opposition on or before January 12, 2018. Defendants shall file their reply, if any, on or before January 24, 2018. It is further ORDERED that the parties shall file a joint letter regarding the status of their settlement negotiations on or before January 17, 2018. Motions due by 12/15/2017. Responses due by 1/12/2018 Replies due by 1/24/2018. (Signed by Judge Lorna G. Schofield on 12/5/2017) (kgo)
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| Filing 53 NOTICE OF APPEARANCE by Jason M. Drangel on behalf of Buscemi, LLC. (Drangel, Jason) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Pre-Motion Conference held on 12/5/2017. (jcs) |
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Filing 52
ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for December 5, 2017 at 11:30 a.m., shall be rescheduled for December 5, 2017 at 10:40 a.m., due to a scheduling conflict. (Pre-Motion Conference set for 12/5/2017 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/1/2017) (ap)
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Filing 51
ORDER: granting #50 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendants Dillard's, Inc.'s, Belk, Inc.'s, Jildor Shoes, Inc.'s and HSN, Inc.'s deadline to respond to the Complaint is extended from December 1, 2017, to January 2, 2018. Belk, Inc. answer due 1/2/2018; Dillard's, Inc. answer due 1/2/2018; HSN, Inc. answer due 1/2/2018; Jildor Shoes, Inc. answer due 1/2/2018. (Signed by Judge Lorna G. Schofield on 12/1/2017) (ap)
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| Filing 50 CONSENT LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, for newly-added Defendants, addressed to Judge Lorna G. Schofield from Aldo A. Badini dated November 30, 2017. Document filed by Styleline Studios, LLC. (Attachments: #1 Text of Proposed Order)(Badini, Aldo) |
| Filing 49 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Jildor Shoes, Inc. served on 11/10/2017, answer due 12/1/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 48 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. HSN, Inc. served on 11/10/2017, answer due 12/1/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Service was made by Registered Mail. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 47 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Dillard's, Inc. served on 11/10/2017, answer due 12/1/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Service was made by Registered Mail. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 46 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Belk, Inc. served on 11/10/2017, answer due 12/1/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Service was made by Registered Mail. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 45 LETTER addressed to Judge Lorna G. Schofield from Kerry B. Brownlee dated November 20, 2017 re: Response to Defendant's Pre-Motion Letter. Document filed by Buscemi, LLC.(Brownlee, Kerry) |
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Filing 44
ORDER granting #43 Letter Motion for Conference. Plaintiff shall file a letter response to Defendant's letter, in accordance with Individual Rule III.A.1, on or before November 20, 2017. A pre-motion conference will be held on December 5, 2017, at 11:30 a.m. Pre-Motion Conference set for 12/5/2017 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/13/2017) (kgo)
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| Set/Reset Deadlines: Responses due by 11/20/2017 (kgo) |
| Filing 43 LETTER MOTION for Conference re: intended motion for judgment on the pleadings and related motion for stay of discovery, addressed to Judge Lorna G. Schofield from Aldo A. Badini dated November 10, 2017. Document filed by Styleline Studios, LLC.(Badini, Aldo) |
| Filing 42 ANSWER to #32 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Buscemi, LLC. Document filed by Styleline Studios, LLC. (Attachments: #1 Exhibit A: Joshua Sanders, #2 Exhibit B: Joshua Sanders, #3 Exhibit C: Joshua Sanders, #4 Exhibit D: All Black, #5 Exhibit E: Ports 1961, #6 Exhibit F: Kate Spade, #7 Exhibit G: Gentlemans Shoes circa 1780, #8 Exhibit H: Michael Kors, #9 Exhibit I: Shoe Cult, #10 Exhibit J: Giuseppe Zanotti, #11 Exhibit K: Tom Ford Padlock Pumps, #12 Exhibit L: Tom Ford Padlock Flats, #13 Exhibit M: Demonia, #14 Exhibit N: Louis Vuitton, #15 Exhibit O: Shellys, #16 Exhibit P: Riverias, #17 Exhibit Q: Fashion Thirsty, #18 Exhibit R: IDIFU, #19 Exhibit S: Room of Fashion, #20 Exhibit T: Ash, #21 Exhibit U: Styleline Ariana, #22 Exhibit V: Styleline Aztec)(Badini, Aldo) |
| Filing 41 ELECTRONIC SUMMONS ISSUED as to Jildor Shoes, Inc.. (pc) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to Dillard's, Inc.. (pc) |
| Filing 39 ELECTRONIC SUMMONS ISSUED as to HSN, Inc.. (pc) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to Belk, Inc.. (pc) |
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Filing 37
AMENDED SCHEDULING ORDER: No additional parties may be joined after 10/27/17 without leave of Court. Amended pleadings may be filed without leave of Court until 10/27/17. Deposition due by 3/26/2018. Fact Discovery due by 3/26/2018. Expert Discovery due by 5/10/2018. Case Management Conference set for 5/22/2018 at 10:30 AM before Judge Lorna G. Schofield, and as further set forth in this Amended Scheduling Order. The parties may modify any of the intermediate fact and expert discovery deadlines, upon consent, provided that all fact and expert discovery is completed by the deadlines above. The parties shall jointly file a status letter, on or before April 10, 2017, regarding the status of their settlement discussions. So ordered. (Signed by Judge Lorna G. Schofield on 10/30/2017) (rjm)
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| Filing 36 REQUEST FOR ISSUANCE OF SUMMONS as to Jildor Shoes, Inc., re: #32 Amended Complaint,. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to HSN, Inc., re: #32 Amended Complaint,. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 34 REQUEST FOR ISSUANCE OF SUMMONS as to Dillard's, Inc., re: #32 Amended Complaint,. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 33 REQUEST FOR ISSUANCE OF SUMMONS as to Belk, Inc., re: #32 Amended Complaint,. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 32 SECOND AMENDED COMPLAINT amending #1 Complaint, #18 Amended Complaint against Styleline Studios, LLC, HSN, Inc., Dillard's, Inc., Belk, Inc., Jildor Shoes, Inc. with JURY DEMAND.Document filed by Buscemi, LLC. Related document: #1 Complaint, #18 Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brownlee, Kerry) |
| Filing 31 LETTER addressed to Judge Lorna G. Schofield from Kerry B. Brownlee and Scott R. Samay dated October 27, 2017 re: Status Letter. Document filed by Buscemi, LLC.(Brownlee, Kerry) |
| Filing 30 ANSWER to #23 Counterclaim. Document filed by Buscemi, LLC.(Brownlee, Kerry) |
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Filing 29
SCHEDULING ORDER: By 10/27/17 the parties shall submit a status letter, as outlined in Individual Rule IV.A.2. The parties may modify any of the intermediate fact and expert discovery deadlines, upon consent, provided that all fact and expert discovery is completed by the deadlines above. Amended Pleadings due by 10/27/2017. Joinder of Parties due by 10/27/2017. Deposition due by 3/26/2018. Fact Discovery due by 3/26/2018. Expert Discovery due by 5/10/2018. Case Management Conference set for 5/22/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/5/2017) (kgo)
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Filing 28
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 James L. Cott. (Signed by Judge Lorna G. Schofield on 9/1/2017) (kgo)
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| Filing 27 JOINT LETTER addressed to Judge Lorna G. Schofield from Kerry B. Brownlee and Scott R. Samay dated September 1, 2017 re: Proposed Schedule. Document filed by Buscemi, LLC. (Attachments: #1 Text of Proposed Order)(Brownlee, Kerry) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 8/29/2017. (jcs) |
| Filing 26 NOTICE OF APPEARANCE by Scott Richard Samay on behalf of Styleline Studios, LLC. (Samay, Scott) |
| Filing 25 NOTICE OF APPEARANCE by Aldo A Badini on behalf of Styleline Studios, LLC. (Badini, Aldo) |
| Filing 24 NOTICE OF APPEARANCE by Robert L. Epstein on behalf of Buscemi, LLC. (Epstein, Robert) |
| Filing 23 ANSWER to #18 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Buscemi, LLC. Document filed by Styleline Studios, LLC. (Attachments: #1 Exhibit A - Joshua Sanders Bow Sneakers dated May 7, 2015, #2 Exhibit B - Joshua Sanders Bow Sneakers dated May 9, 2015, #3 Exhibit C - Joshua Sanders Bow Sneakers dated March 31, 2015, #4 Exhibit D - ALL BLACK Women's Tux Loafer Shoes dated March 18, 2015, #5 Exhibit E - Ports 1961 Women's Ready to Wear Bow Sneakers dated February 26, 2015, #6 Exhibit F - Kate Spade New York Delise Fashion Sneaker dated July 8, 2014, #7 Exhibit G - Gentleman's Shoes dated circa 1780)(Badini, Aldo) |
| Filing 22 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Buscemi, LLC. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and [Proposed] Scheduling Order)(Sands, Ashly) |
| Filing 21 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Styleline Studios, LLC served on 8/1/2017, answer due 8/22/2017. Service was made by E-mail. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Styleline Studios, LLC. (laq) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Styleline Studios, LLC d/b/a J/SLIDES, J/SLIDES NYC and J/SLIDES Footwear, re: #18 Amended Complaint. Document filed by Buscemi, LLC. (Sands, Ashly) |
| Filing 18 AMENDED COMPLAINT amending #1 Complaint against Styleline Studios, LLC with JURY DEMAND.Document filed by Buscemi, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sands, Ashly) |
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Filing 17
ORDER granting #14 Letter Motion to Adjourn Conference. Application GRANTED. The initial conference currently scheduled for July 18, 2017, is hereby adjourned until August 29, 2017, at 10:30 a.m. JSL's time to answer or otherwise respond to the Complaint is hereby extended until August 10, 2017. The parties are reminded to submit their joint letter and proposed case management plan no later than seven days before the conference in accordance with the Order dated June 5, 2017. Initial Conference set for 8/29/2017 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/12/2017) (kgo)
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| Set/Reset Deadlines: JSL Studio Intl LLC answer due 8/10/2017. (kgo) |
| Filing 16 NOTICE OF APPEARANCE by Scott Richard Samay on behalf of JSL Studio Intl LLC. (Samay, Scott) |
| Filing 15 NOTICE OF APPEARANCE by Aldo A Badini on behalf of JSL Studio Intl LLC. (Badini, Aldo) |
| Filing 14 LETTER MOTION to Adjourn Conference and Extend Defendant JSL Studio Intl, LLC's Time to Answer addressed to Judge Lorna G. Schofield from Kerry B. Brownlee dated July 11, 2017. Document filed by Buscemi, LLC. (Attachments: #1 Text of Proposed Order)(Brownlee, Kerry) |
| Filing 13 NOTICE OF APPEARANCE by Kerry Brenae Brownlee on behalf of Buscemi, LLC. (Brownlee, Kerry) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. JSL Studio Intl LLC served on 6/20/2017, answer due 7/11/2017. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of Secretary of State. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
| Filing 11 CERTIFICATE OF SERVICE of Judge Lorna G. Schofields June 5, 2017 Order served on STYLELINE STUDIOS INTERNATIONAL LTD., et al. on 6/6/2017. Service was made by Electronic Mail. Document filed by Buscemi, LLC. (Brownlee, Kerry) |
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Filing 10
ORDER: Initial Conference set for 7/18/2017 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/5/2017) (kgo)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to JSL Studio Intl LLC. (kl) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Styleline Studios International Ltd. (kl) |
| Filing 7 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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). (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (kl) |
| Case Eligible for Patent Pilot Program. (kl) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ashly Erin Sands. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (kl) |
| Case Designated ECF. (kl) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant JSL Studio Intl LLC d/b/a J/Slides and J/Slides NYC, re: #1 Complaint. Document filed by Buscemi, LLC. (Sands, Ashly) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Styleline Studios International Ltd. d/b/a J/Slides and J/Slides NYC, re: #1 Complaint. Document filed by Buscemi, LLC. (Sands, Ashly) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Buscemi, LLC.(Sands, Ashly) |
| Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Sands, Ashly) |
| Filing 2 CIVIL COVER SHEET filed. (Sands, Ashly) |
| Filing 1 COMPLAINT against JSL Studio Intl LLC, Styleline Studios International Ltd.. (Filing Fee $ 400.00, Receipt Number 0208-13710375)Document filed by Buscemi, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sands, Ashly) |
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