Monowise Limited Corporation v. Ozy Media, Inc. et al
Monowise Limited Corporation |
Carlos Watson and Ozy Media, Inc. |
1:2017cv08028 |
October 18, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Jesse M Furman |
Lewis A Kaplan |
Trademark |
15 U.S.C. § 1114 |
Both |
Docket Report
This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 105 STIPULATION OF DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(ii), the Parties, by and through their undersigned counsel, hereby Stipulate to Dismiss this Action in its entirety with Prejudice and with all Parties to bear their own attorney's fees and costs. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/17/2018) (ne) Modified on 10/22/2018 (ne). |
Filing 104 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ozy Media, Inc., Carlos Watson pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Monowise Limited Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Shire, Howard) |
Filing 103 ORDER re: #102 Letter filed by Monowise Limited Corporation. In light of Plaintiff's letter, the deadline to file any application to reopen this case is hereby EXTENDED, nunc pro tunc, to October 15, 2018. For now, the Court will leave it to the parties to try to resolve their remaining disagreements. If both sides believe that the assistance of Magistrate Judge Cott would be helpful in resolving any remaining disputes, they should file a letter motion seeking an order of referral. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/16/2018) (Text Only Order)(Furman, Jesse) |
Filing 102 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated September 15, 2018 re: Request to Reopen Case. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 101 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 8/16/2018 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). (Attachments: #1 Order of Dismissal) (ne) |
Filing 100 ORDER OF DISMISSAL: The Court having been advised (Docket No. 99) that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Court assumes that the parties' settlement encompasses the parties' disputes regarding the costs and fees associated with Defendants' preparation and filing of their letter of July 31, 2018 and that that dispute is now moot. (See Docket Nos. 91, 93, 96). If that is not the case, and Defendants believe that the Court should still award costs and fees, the parties should advise the Court by tomorrow. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/16/2018) (ne) |
Filing 98 ORDER granting #97 Letter Motion to Adjourn Conference. The pretrial conference is ADJOURNED to September 13, 2018, at 4:15 p.m. All dates and deadlines, including the fact and expert discovery deadlines, remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 97 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated 08/08/2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 96 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated 8/06/2018 re: Costs set forth in Defendants' Letter of August 2, 2018.. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 95 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL: re: #92 Notice (Other) filed by Monowise Limited Corporation. PLEASE TAKE NOTICE that I, Jonathan W. Thomas, hereby respectfully request that the Court withdraw my appearance as counsel of record for Plaintiff Monowise Limited Corporation in this matter. Another law firm currently represents the plaintiff, and will continue representing the plaintiff after my withdrawal. ENDORSEMENT: SO ORDERED., Attorney Jonathan Webster Thomas terminated. (Signed by Judge Jesse M. Furman on 8/02/2018) (ama) |
Filing 94 ORDER re: #93 Letter, filed by Carlos Watson, Ozy Media, Inc. To be clear, the Court did intend "costs" to include attorney's fees; its Order of August 1, 2018, is modified accordingly. Per that Order, Plaintiff shall file any opposition to Defendants' letter by August 6, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/2/2018) (Text Only Order) (Furman, Jesse) |
Filing 93 LETTER addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated August 2, 2018 re: accounting of and request for costs associated with preparing and filing July 31, 2018 letter, Dkt. 89. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 92 NOTICE of Withdrawal of Attorney Jonathan W. Thomas. Document filed by Monowise Limited Corporation. (Thomas, Jonathan) |
Filing 91 ORDER re: #90 Letter filed by Monowise Limited Corporation and #89 Letter, filed by Carlos Watson, Ozy Media, Inc. The Court is nearly out of patience with Plaintiffs. The Court's Order of July 26, 2018 required counsel to "promptly confer" and to submit a letter by July 30, 2018. The parties' letters of July 31, 2018, make plain that Plaintiff's counsel - despite multiple attempts by defense counsel - failed to comply with the Court's Order. (To the extent Plaintiff points to its letter of July 23rd to suggest that it did propose a date for the depositions, that suggestion is besides the point; the Court's Order of July 26th was entered after that letter and required more of Plaintiff.) Assuming defense counsel is available, the depositions of the Osbournes shall proceed in New York on August 16 and 17, 2018 (and the fact discovery deadline is extended one additional day for that purpose). Failure to appear on those dates will result in sanctions, up to and including dismissal of the action. Further, in light of Plaintiff's blatant failure to comply with the Court's July 26th Order, Plaintiff shall reimburse Defendants for the costs associated with preparing and filing their July 31st letter. Defendants shall submit an accounting of and request for those costs within three days; any opposition to the request shall be filed within two days thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/1/2018) (Text Only Order) (Furman, Jesse) |
Filing 90 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated July 31, 2018 re: Response to Defendants' July 31, 2018 Letter. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 89 LETTER addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated July 31, 2018 re: Plaintiff's continued refusal to produce its sole officer and director for deposition testimony. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit A)(Klausner, Tonia Maria) |
Filing 88 ORDER with respect to #83 Letter Motion for Local Rule 37.2 Conference. There is no need for a conference. Counsel shall promptly confer and agree upon dates for the Osbournes to be deposed - in New York - prior to the pretrial conference on August 16, 2018, and submit a letter confirming the dates, to be so ordered by the Court, no later than July 30, 2018. The fact discovery deadline remains July 30, 2018, except that these two depositions may be taken prior to the pretrial conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 87 ORDER granting #85 Motion for Noah S. Robbins, Esq. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 86 AO 120 FORM TRADEMARK - CASE OPENING - 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 court action has been 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). (jgo) |
Filing 85 MOTION for Noah S. Robbins, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360652. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Monowise Limited Corporation.(Robbins, Noah) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #85 MOTION for Noah S. Robbins, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360652. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 84 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated 07/23/2018 re: Letter sent by Defendant's Counsel. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 83 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated July 23, 2018. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Klausner, Tonia Maria) |
Mediator Session Held on 07/16/2018 at Defendant's Counsel's Office.(ah) |
Filing 82 NOTICE OF APPEARANCE by Jason Blake Mollick on behalf of Ozy Media, Inc., Carlos Watson. (Mollick, Jason) |
Filing 81 ORDER granting #80 Letter Motion to Adjourn Conference. The pretrial conference scheduled for August 2, 2018, is rescheduled to August 16, 2018, at 4:00 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 80 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated July 13, 2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 79 ORDER: Per the Court's prior order, fact discovery is extended to July 30, 2018, and expert discovery is extended correspondingly. The pretrial conference is RESCHEDULED for August 2, 2018, at 4 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/10/2018) (Text Only Order)(Furman, Jesse) |
MEDIATOR SESSION SCHEDULED Mediation Session scheduled for 07/16/2018, 5:30 P.M. at Defendant's Counsel's Office.(ah) |
Filing 78 ORDER re: #76 Letter, filed by Monowise Limited Corporation and #77 Letter, filed by Carlos Watson, Ozy Media, Inc. Discovery is stayed to allow the parties to focus on settlement. That said, and mindful that there was only one week left in the fact discovery period, the parties do not justify an extension of thirty days in the event that the settlement conference is unsuccessful. Instead, fact discovery shall close two weeks following the settlement conference with Magistrate Judge Cott - and the expert discovery deadlines are extended correspondingly. Further, the extension is for the limited purposes of conducting any depositions that have already been noticed, to conclude the written discovery that already has been served, for third-party document subpoenas for documents that were requested from the other party but never produced, and to allow follow-up requests for documents identified at depositions. That is, the parties may not serve new requests for discovery or notice new depositions. Finally, the pretrial conference scheduled for July 17, 2018, is adjourned sine die. The parties shall advise the Court as soon as the settlement conference with Magistrate Judge Cott is scheduled, at which point the Court will reschedule the pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/1/2018) (Text Only Order)(Furman, Jesse) |
Filing 77 LETTER addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated June 29, 2018 re: the clarification of defendants' position regarding the joint letter filed this afternoon requesting a stay of discovery pending settlement discussions [Dkt. No. 76]. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 76 JOINT LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated 6/29/2018 re: a short stay of the discovery period to permit the Parties to devote their resources to a potential resolution of this matter.. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 75 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. (Signed by Judge Jesse M. Furman on 6/22/2018) (ne) |
Filing 74 ORDER: The pretrial conference scheduled for July 12, 2018, is RESCHEDULED for July 17, 2018, at 3:30 p.m. The parties are reminded that they must submit a letter by the Thursday before the conference addressing the issues set forth in the Court's Order of April 9, 2018. (Docket No. #34 ). SO ORDERED. (Signed by Judge Jesse M. Furman on 6/19/2018) (Text Only Order) (Furman, Jesse) |
Filing 73 ORDER denying #66 Letter Motion for Conference. Substantially for the reasons set forth in Defendants' letter filed earlier today (see Docket No. #72 ), Plaintiff falls far short of carrying its burden to show that a protective order prohibiting the deposition of Mr. Osborne is appropriate. The parties should promptly confer in an effort to agree on the date of the deposition and raise any disputes on that front with the Court. If Mr. Osborne's pre-existing commitments make it impracticable to complete the deposition before the fact discovery deadline (see Docket No. #66 , at 1 n.1), the Court would consider a short extension of that deadline for the limited purpose of taking Mr. Osborne's deposition. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 72 LETTER addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated June 4, 2018 re: deposition of John Ozzy Osbourne, Dkt. 66. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Klausner, Tonia Maria) |
Filing 71 ORDER denying as moot #68 Letter Motion for Conference re: dispute concerning the location of deposition. The motion is denied as moot in light of Plaintiff's letter of earlier today. See Docket No. #70 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 70 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated June 4,2018 re: in response to the request of Defendants Ozy Media, Inc. and Carlos Watson. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 69 ORDER with respect to #68 Letter Motion for Conference. Plaintiff shall file any opposition to Defendants' letter motion by noon on June 4, 2018, as well. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 68 LETTER MOTION for Conference re: dispute concerning the location of deposition addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated 06/01/2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 67 ORDER terminating #65 Letter Motion for Conference in light of #66 Letter Motion for Conference. Defendants shall file any opposition to the motion by June 4, 2018, at noon. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 66 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Howard J. Shire dated May 31, 2018. Document filed by Monowise Limited Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shire, Howard) |
Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #66 Letter Motion) - LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Howard J. Shire dated May 31, 2018. Document filed by Monowise Limited Corporation. (Attachments: #1 Exhibit A)(Shire, Howard) Modified on 6/1/2018 (db). |
Filing 64 MEMORANDUM OPINION AND ORDER re: #60 MOTION for Reconsideration re; #59 Memorandum & Opinion, filed by Monowise Limited Corporation. On May 14, 2018, Monowise filed a motion for reconsideration of that decision. (Docket No. 60). Upon review of the parties' briefs, the Court denies that motion for the reasons stated below...There is no basis for reconsideration under Monowise's second argument that it "did not know for certain of [sic] Defendants' intent to use the OZYFEST mark for the 2018 event until January 5, 2018." (Monowise Br. 1). As the Court previously explained, Monowise learned of Ozy Media's intent to continue using the "OZYFEST" mark in connection with their festival as early as June 2017. (Mem. Op. 3). The Clerk of Court is directed to terminate Docket No. 60, and as further set forth herein. (Signed by Judge Jesse M. Furman on 5/22/2018) (ras) Modified on 5/22/2018 (ras). |
Filing 63 MEMORANDUM OF LAW in Opposition re: #60 MOTION for Reconsideration re; #59 Memorandum & Opinion,, . . Document filed by Ozy Media, Inc., Carlos Watson. (Klausner, Tonia Maria) |
Filing 62 ORDER with respect to #60 Motion for Reconsideration. Defendants shall file any opposition to the motion for reconsideration, not to exceed eight pages, by May 18, 2018. No reply may be filed without leave of Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 61 MEMORANDUM OF LAW in Support re: #60 MOTION for Reconsideration re; #59 Memorandum & Opinion,, . . Document filed by Monowise Limited Corporation. (Shire, Howard) |
Filing 60 MOTION for Reconsideration re; #59 Memorandum & Opinion,, . Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 59 MEMORANDUM OPINION AND ORDER. Any party that believes any redacted material should remain redacted is ORDERED to show cause in writing, no later than two weeks from the date of this Memorandum Opinion and Order, why doing so would be consistent with the presumption in favor of public access. If, by that deadline, no party contends that a particular document should remain under seal or in redacted form, then Monowise shall promptly file that document on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/3/2018) (rjm). |
Filing 58 REPLY DEFENDANTS' SUR REPLY TO MONOWISE LIMITED'S MOTION FOR PRELIMINARY INJUNCTION. Document filed by Ozy Media, Inc., Carlos Watson. (Klausner, Tonia Maria) |
Filing 57 ORDER granting #55 Letter Motion for Leave to File Surreply to Plaintiff's Memorandum of Law in Further Support of its Preliminary-Injunction Motion (ECF No. #54 ). Plaintiff's request to file a sur-surreply (see Docket No. #56 ) is DENIED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 56 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated 04/29/2018 re: Defendants' Request for Leave to File a Sur-Reply (ECF No. 55). Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 55 LETTER MOTION for Leave to File Sur Reply to Plaintiffs Memorandum of Law in Further Support of its Preliminary-Injunction Motion (ECF No. 54) addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated 04/27/2018. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Attachment- Defendants' Sur Reply to Plaintiff's Motion for Preliminary Injunction)(Klausner, Tonia Maria) |
Filing 54 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION for Preliminary Injunction . . Document filed by Monowise Limited Corporation. (Attachments: #1 Exhibit H. Shire Declaration, #2 Exhibit M. Guarracino Declaration)(Shire, Howard) |
Filing 53 ORDER granting #52 Motion for Peter C. Holm to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 52 MOTION for Peter C. Holm to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Declaration In Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Holm, Peter) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Peter C. Holm to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
Filing 51 ORDER granting in part and denying in part #50 Letter Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a reply not to exceed thirteen pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 50 LETTER MOTION for Leave to File Excess Pages for Plaintiff's Reply Brief addressed to Judge Jesse M. Furman from Howard J. Shire dated 4/23/18. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 49 NOTICE of ERRATA IN CONNECTION WITH DEFENDANTS' OPPOSITION TO MONOWISE LIMITED'S MOTION FOR PRELIMINARY INJUNCTION. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit 2)(Klausner, Tonia Maria) |
Mediator Telephonic Session Held 4/19/18 (ms) |
Filing 48 LETTER addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated April 16, 2018 re: respectfully opposing Plaintiff's letter motion seeking additional time to file its reply in support of its motion for a preliminary injunction. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 47 ORDER granting #46 Letter Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to file its reply is extended to April 24, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 46 FIRST MOTION for Extension of Time to File Response/Reply in support of Plaintiff's Motion for Preliminary Injunction. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 45 LETTER addressed to Judge Jesse M. Furman from Howard J. Shire dated 4/16/18 re: Firm Change Notification. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter C. Holm to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14945641. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Holm, Peter) Modified on 4/16/2018 (bcu). |
Filing 42 NOTICE of WITHDRAWAL OF ATTORNEY UZEZI ELAKECHE ABUGO. Document filed by Ozy Media, Inc., Carlos Watson. (Klausner, Tonia Maria) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #44 MOTION for Peter C. Holm to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14945641. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Attorney Affidavit/Declaration is missing per local rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
Filing 43 SEALED DOCUMENT placed in vault.(rz) |
Filing 41 DECLARATION of Samir Rao in Opposition re: #31 MOTION for Preliminary Injunction .. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3.1, #4 Exhibit 3.2, #5 Exhibit 3.3, #6 Exhibit 4, #7 Exhibit 5.1, #8 Exhibit 5.2, #9 Exhibit 5.3, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24)(Klausner, Tonia Maria) |
Filing 40 DECLARATION of Tonia Ouellette Klausner in Opposition re: #31 MOTION for Preliminary Injunction .. Document filed by Ozy Media, Inc., Carlos Watson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Klausner, Tonia Maria) |
Filing 39 MEMORANDUM OF LAW in Opposition re: #31 MOTION for Preliminary Injunction . . Document filed by Ozy Media, Inc., Carlos Watson. (Klausner, Tonia Maria) |
Filing 38 ORDER granting #37 Letter Motion for Leave to File certain materials in connection with Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction Under Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 37 LETTER MOTION for Leave to File certain materials in connection with Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction Under Seal addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated April 12, 2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 36 ORDER granting #35 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 35 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated April 10, 2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 4/9/2018. Howard Shire present for Plaintiff. Tonia Klausner present for Defendants. Court reporter present. (ab) |
Filing 34 ORDER: The following procedures shall govern further proceedings in this matter and supplement the existing scheduling orders, which remain in effect: All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and the Court's Individual Rules and Practices (available at http://nysd.uscourts.gov/judge/Furman), and as further set forth in this order. (Signed by Judge Jesse M. Furman on 4/9/2018) (ap) Modified on 4/10/2018 (ap). |
Mediator Phone Conference with each counsel Held on 03/30/2018.(ms) |
Filing 33 ORDER granting #32 Letter Motion to Adjourn Conference. The conference is ADJOURNED to April 9, 2018, at 2:45 p.m. In light of that adjournment, and unless and until the Court orders otherwise, Defendants shall produce responsive documents to which they have not objected by April 9, 2018; Defendants shall file their papers in opposition to the motion for a preliminary injunction by April 13, 2018; and Plaintiff shall file any reply by April 20, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 32 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Tonia Ouellette Klausner dated March 28, 2018. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Preliminary Injunction . Document filed by Monowise Limited Corporation. (Attachments: #1 Memorandum of Law in Support of Plaintiff's Preliminary Injunction Motion, #2 Declaration of Michael Guarracino in Support of Plaintiff's Preliminary Injunction Motion)(Shire, Howard) Modified on 4/9/2018 (db). |
Filing 30 AMENDED 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. Judge Kaplan's Order of November 12, 2017 referring this case to Magistrate Judge Cott for General Pretrial purposes (Docket No. 12) is VACATED and superseded by this amended order. (Signed by Judge Jesse M. Furman on 3/27/2018) (ras) |
Filing 29 ORDER re: #26 Letter filed by Monowise Limited Corporation. By separate order to be docketed later today or tomorrow, the Court is withdrawing the reference to Magistrate Judge Cott for General Pretrial purposes (and amending the referral to be limited to settlement ). Per the parties' proposed schedule, Plaintiff should file its proposed motion papers today (or tomorrow - if, in light of the Court's orders entered today, Plaintiff is no longer able to do so today). The Court will address the opposition and reply deadlines at the conference on March 29, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/2018) (Text Only Order) (Furman, Jesse) |
Filing 28 ORDER granting #25 Letter Motion for Conference. The parties shall appear for a conference on March 29, 2018, at 2:15 p.m. to address the anticipated motion for a preliminary injunction and to set a briefing schedule. Counsel should also be prepared to address whether, pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure, adjudication of any motion should be consolidated with trial on the merits. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 27 NOTICE OF PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for a pretrial conference with the Court on July 12, 2018 at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Pretrial Conference set for 7/12/2018 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/26/2018) (ras) |
NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Lewis A. Kaplan is no longer assigned to the case. (wb) |
Filing 26 LETTER addressed to Magistrate Judge James L. Cott from Howard J. Shire dated 03/22/2018 re: Schedule for Plaintiff's Preliminary Injunction Motion. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 3/9/2018. (Tam, David) |
Filing 25 LETTER MOTION for Conference Request for Pre-Motion Conference Concerning Preliminary Injunction addressed to Magistrate Judge James L. Cott from Howard J. Shire dated 3/7/2018. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Mediator Session Held on 3/1/2018 at 40 Foley Square.(mf) |
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 3/1/2018, 9:30 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/8/2018. Case to be mediated in the next 30 - 45 days.(cda) |
Filing 24 MEDIATION REFERRAL ORDER:It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. As requested by the parties, the mediation should be referred to a mediator with expertise in trademark law and scheduled for a date that is mutually convenient for all parties and the mediator within the next 30-45 days. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediator to be Assigned by 1/16/2018. Mediator Expertise Request due by 1/10/2018. (Signed by Magistrate Judge James L. Cott on 1/5/2018) (kgo) |
Filing 23 MEMO ENDORSEMENT on re: #22 Notice (Other) filed by Monowise Limited Corporation. ENDORSEMENT: Absent extraordinary circumstances these deadlines will not be extended. As discussed at the conference, Defendants' proposal is rejected, and the discovery period will cover both liability and damages. The Court will issue a referral order to the Mediation Program. ( Discovery due by 7/5/2018., Motions due by 1/31/2018.) (Signed by Magistrate Judge James L. Cott on 1/5/2018) (kgo) |
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Pretrial Conference held on 1/5/2018. (Tam, David) |
Filing 22 NOTICE of [Proposed] Scheduling Order. Document filed by Monowise Limited Corporation. (Shire, Howard) |
Filing 21 ORDER granting #20 Letter Motion to Adjourn Conference. Application granted. The conference is adjourned to January 5, 2018 at 11 a.m. in courtroom 21-D, 500 Pearl Street, New York, NY. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) |
Filing 20 LETTER MOTION to Adjourn Conference Fed. R. Civ. P. 16(a) from December 20, 2017 to January 5, 2018 addressed to Magistrate Judge James L. Cott from Howard J. Shire dated December 7, 2017. Document filed by Monowise Limited Corporation.(Shire, Howard) |
Filing 19 NOTICE OF APPEARANCE by Howard Jeffrey Shire on behalf of Monowise Limited Corporation. (Shire, Howard) |
Filing 18 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 12/20/2017 at 02:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 12/4/2017) (kgo) |
Filing 17 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Ozy Media, Inc., Carlos Watson.(Klausner, Tonia Maria) |
Filing 16 NOTICE OF APPEARANCE by Uzezi Elakeche Abugo on behalf of Ozy Media, Inc., Carlos Watson. (Abugo, Uzezi) |
Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Axel Springer, Other Affiliate GSV Capital for Ozy Media, Inc.. Document filed by Ozy Media, Inc..(Klausner, Tonia Maria) |
Filing 14 STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT: lT IS HEREBY STIPULATED AND AGREED by and between the attorneys for Plaintiff Monowise Limited Corporation and Defendants Ozy Media, Incorporated and Carlos Watson as follows: Ozy Media, Incorporated and Carlos Watson shall have until December 1, 2017 to answer or otherwise respond to the Complaint. Ozy Media, Inc. answer due 12/1/2017; Carlos Watson answer due 12/1/2017. (Signed by Magistrate Judge James L. Cott on 11/14/2017) (kgo) |
Filing 13 NOTICE OF APPEARANCE by Tonia Maria Ouellette Klausner on behalf of Ozy Media, Inc., Carlos Watson. (Klausner, Tonia Maria) |
Filing 12 Vacated as per Judge's Order dated 03/27/2018, Doc. # 30. ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge James L. Cott. (Signed by Judge Lewis A. Kaplan on 11/2/2017) (anc) Modified on 11/2/2017 (anc). Modified on 3/27/2018 (ras). |
Filing 11 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Thomas, Jonathan) |
Filing 8 FILING ERROR - DEFICIENT AO 120 FORM TRADEMARK AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Thomas, Jonathan) Modified on 10/20/2017 (sj). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Jonathan Webster Thomas Document No. #8 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): Defendant Name Error. (sj) |
Filing 10 ELECTRONIC SUMMONS ISSUED as to Carlos Watson. (sj) |
Filing 9 ELECTRONIC SUMMONS ISSUED as to Ozy Media, Inc.. (sj) |
Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Monowise Limited Corporation.(Thomas, Jonathan) |
Filing 6 CIVIL COVER SHEET filed. (Thomas, Jonathan) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Carlos Watson, re: #1 Complaint,. Document filed by Monowise Limited Corporation. (Thomas, Jonathan) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Ozy Media, Inc., re: #1 Complaint,. Document filed by Monowise Limited Corporation. (Thomas, Jonathan) |
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) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Webster Thomas to RE-FILE Document No. #3 Request for Issuance of Summons, #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. 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. (kl) |
Case Designated ECF. (kl) |
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jonathan Webster Thomas. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (kl) |
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jonathan Webster Thomas to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (kl) |
Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,. Document filed by Monowise Limited Corporation. (Thomas, Jonathan) Modified on 10/19/2017 (kl). |
Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,. Document filed by Monowise Limited Corporation. (Thomas, Jonathan) Modified on 10/19/2017 (kl). |
Filing 1 COMPLAINT against Ozy Media, Inc., Carlos Watson. (Filing Fee $ 400.00, Receipt Number 0208-14259850)Document filed by Monowise Limited Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Thomas, Jonathan) |
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