E. Mishan & Sons, Inc. v. Novel Brands LLC
| E. Mishan & Sons, Inc. |
| Novel Brands LLC |
| 1:2018cv02932 |
| April 3, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S. Broderick |
| Other Statutory Actions |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
76
OPINION & ORDER: re: 69 MOTION for New Trial filed by Novel Brands LLC. For the reasons stated above, Defendant's motion for a new trial is DENIED. The Clerk of Court is respectfully directed to terminate Document 69. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/17/2023) (ama)
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Filing
67
CLERK'S JUDGMENT re: 66 Order Adopting Report and Recommendations, in favor of E. Mishan & Sons, Inc. against Novel Brands LLC in the amount of $ 454,277.32. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 10, 2022, Magistrate Judge Netburn's Report is adopted in its entirety. Accordingly, Plaintiff is awarded (1) $387,409.08 in Defendant's profits; (2) $7,672.77 in costs; and (3) &# 036;59,195.47 in attorney's fees, for a total award of $454,277.32. The motion for a Rule 16(a) conference is DENIED as moot; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/11/2022) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
66
OPINION AND ORDER for 65 Motion for Conference filed by E. Mishan & Sons, Inc., 60 Report and Recommendations. For the reasons stated above, I hereby ADOPT Magistrate Judge Netburn's Report in its entirety. Accordingly, Plaintiff is awarded (1) $387,409.08 in Defendant's profits; (2) $7,672.77 in costs; and (3) $59,195.47 in attorney's fees, for a total award of $454,277.32. The motion for a Rule 16(a) conference is DENIED as moot. The Clerk of Cour t is respectfully directed to (1) terminate any open motions, (2) enter judgment in accordance with this Order, (3) calculate the interest owed consistent with the rate set by 28 U.S.C. § 1961, and (4) close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/10/2022) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
38
OPINION AND ORDER: Accordingly, the Court ORDERS: 1. Plaintiff shall serve this Order both on Mr. Braca and Defendant and file proof of service no later than December 4, 2018. To the extent possible, Plaintiff shall effect service both via mail and email. 2. Defendant shall file a letter no later than December 10, 2018, explaining why it and Mr. Braca should not be sanctioned for disobeying two orders to enter an appearance in the case (see ECF Nos. 34, 36), two orders to pay $10,000 in fees (see ECF Nos. 27, 34), one order to comply with outstanding discovery demands (see ECF No. 36), and one previous order to show cause (see ECF No. 36). This letter shall also explain whether Mr. Braca has engaged in the unauthorized practice o f law in the Southern District of New York and, if so, why he should not be reported to the disciplinary committee for doing so. The Court further ADJOURNS the deadline for Plaintiff to file or renew its motion for sanctions at this time. 3. Defen dant shall obtain counselwhether or not that counsel is Mr. Bracaand that counsel shall file a formal appearance in this case no later than December 10, 2018. This attorney must affirm under oath that he or she is admitted to the Southern District of New York or, in the alternative, he or she must file a pro hac vice motion. If Defendant does not comply with all of these orders, the Court will find that Defendant has willfully defaulted and will order Plaintiff to file its motion for defaul t judgment no later than January 11, 2019. Regardless of Defendants choice, the Court hereby GRANTS Plaintiff permission to conduct third party discovery if necessary to prove its claims for damages. Such discovery will be completed by January 11, 2019. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 11/30/2018) (jca)
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| Plaintiff: E. Mishan & Sons, Inc. | |
| Represented By: | Brian Joseph Doyle |
| Represented By: | Alan Federbush |
| Represented By: | John Zaccaria |
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| Defendant: Novel Brands LLC | |
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