Evriholder Products, LLC v. Simply Lbs Ltd Company et al
| Evriholder Products, LLC |
| Simply Lbs Ltd Company, Impulseev Ltd. and Huanyu HK, Ltd. |
| 1:2017cv04329 |
| June 8, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Patent |
| 35 U.S.C. ยง 0001 |
| Plaintiff |
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Filing
57
ORDER for 52 Report and Recommendations. Having reviewed the thorough and well-reasoned Report for clear error, see Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) (When the parties make no objections to the Report, the Court may adopt the Report if there is no clear error on the face of the record. (internal quotation marks omitted)), the Court hereby adopts it in its entirety. Accordingly, Plaintiff is awarded (1) compensatory damages in the amount of $325,153.76, (2) prejudgment interest on that sum at the rate of 3.75% from March 15, 2017 to the date on which judgment is entered, and (3) $202.87 in costs. The Court also enters a permanent injunction prohibiting Simply LBS, its officers, directors, managing members, and others acting in concert with them, from infringing or inducing the infringement of U.S. Design Patent No. D524,612 until the expiration of that patent. The parties' failure to file written obje ctions, after Judge Moses expressly warned that such failure would result in a waiver of objections for the purposes of appeal, precludes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601, 602-03 (2d Cir. 2008). The Clerk of Court is respectfully directed to close the case. (Signed by Judge Ronnie Abrams on 12/8/20) (yv)
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Filing
54
ORDER re: 52 Report and Recommendations. It is hereby ORDERED that Plaintiff shall serve the Report on Defendant Simply LBS Ltd Company by no later than November 18, 2020, and file proof of such service on the docket. Defendant Simply LBS Ltd Company shall have until December 1 to file any written objections. SO ORDERED. (Objections to R&R due by 12/1/2020) (Signed by Judge Ronnie Abrams on 11/4/2020) (kv)
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Filing
53
ORDER re: 52 Report and Recommendations. On April 21, 2020, Judge Moses issued a Report & Recommendation (the Report), recommending that this Court grant Plaintiffs request for compensatory damages in the total amount of $325,153.76, in a ddition to prejudgment interest on that sum at the rate of 3.75% from March 15, 2017, to the date on which judgment is entered, and $202.87 in costs. Rpt. at 25. Judge Moses also recommended entry of a permanent injunction prohibiting Simpl y LBS Ltd Company, its officers, directors, managing members, and others acting in concert with them, from infringing or inducing the infringement of the '612 Patent until the expiration of that patent. Id. Judge Mosess Order provided, "The parties shall have fourteen days from the service of this report and recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure." Id. at 26. While no party has filed a written objection to the Report, it is not clear from the docket whether Defendant Simply LBS Ltd Company was ever served with a copy of the Report. No later than October 16, 2020, Plaintiff shall serve the Report on Defendant Simply LBS Ltd Company and file proof of such service on the docket. Defendant Simply LBS Ltd Company shall thus have until October 30 to file any written objections. SO ORDERED. ( Objections to R&R due by 10/30/2020) (Signed by Judge Ronnie Abrams on 10/6/2020) (kv)
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