Kat Florence Design Limited v. Parker et al
| Kat Florence Design Limited |
| Tandu Productions, Inc., Ms. Sarah Jessica Parker and Sarah Jessica Parker |
| Kristy Ann Florence Hillis and Kat Florence Co. Ltd. d/b/a Kat Florence Atelier |
| 1:2018cv03653 |
| April 25, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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Filing 58
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and among the parties and/or their respective counsel as follows: 1. The parties hereby agree that the above-captioned action is dismissed and discontinued with prejudice and without costs, as to the named defendants and counterclaim-defendants, pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure. 2. Any and all of the claims for damages by plaintiff or counterclaim-plaintiffs which are the subject of this action or otherwise arise out of any of the incidents alleged in the Complaint or counterclaims are hereby settled in accordance with a settlement agreement executed by all parties herein. 3. Nothing in this So Ordered Stipulation of Settlement shall be construed as an admission or concession of liability whatsoever by any of the defendants or counterclaim-defendants regarding any of the allegations made herein. 4. This Stipulation of Settlement and any Order entered thereon shall have no precedential value or effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose except in an action or proceeding to enforce this Stipulation of Settlement. 5. This So Ordered Stipulation of Settlement embodies the entire agreement of the parties in this matter. SO ORDERED (Signed by Judge Paul A. Engelmayer on 4/23/2019) (ks)
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| Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
| Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Sarah Jessica Parker pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kat Florence Design Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Friedman, Jeremy) Modified on 4/23/2019 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED STIPULATION AND ORDER. Notice to attorney Jeremy Friedman to RE-FILE Document No. #56 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (dt) |
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time to Complete Discovery. Granted. Based on counsel's representation that the requested extension is necessary to facilitate settlement negotiations, the fact discovery deadline is extended to March 29, 2019. The case management conference remains scheduled for May 13, 2019. (Signed by Judge Paul A. Engelmayer on 2/1/2019) (rro)
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| Set/Reset Deadlines: Fact Discovery due by 3/29/2019. (rro) |
| Filing 54 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Jeremy D. Friedman dated January 31, 2019. Document filed by Kat Florence Design Limited.(Friedman, Jeremy) |
| Filing 53 AFFIDAVIT of Jeremy Friedman re: #50 Order,,,, . Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
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Filing 52
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motion and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by September 14, 2018. Fact Discovery due by 3/8/2019. Depositions due by 3/8/2019. Expert Discovery due by 4/22/2019. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. Case Management Conference set for 5/13/2019 at 02:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/26/2018) (anc)
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| Filing 51 PROPOSED CASE MANAGEMENT PLAN. Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A) (Ravich, Amanda) |
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Filing 50
ORDER: Any request for an adverse inference is premature at this time, as a lapse in production, let alone the intentional spoliation or non-production of responsive materials, has not yet been established. Fed. R. Civ. P. 37(e)(2). Nonetheless, the Court shares the Parker defendants' concern that the plaintiff/counterclaim-defendants may not yet have thoroughly searched for, and produced, all responsive documents in their possession. The Court directs plaintiff/counterclaim defendants to review anew, diligently and in good faith, their materials for documents responsive to the Parker defendants' request, and to produce all additional responsive documents by Friday, December 28, 2018. The Court further directs counsel for plaintiff/counterclaim defendants to file, also by December 28, 2018, an affidavit describing with particularity all steps taken to search for and produce documents responsive to the Parker defendants' request. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/18/2018) (anc)
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Filing 49
ORDER terminating #47 Letter Motion for Conference. The Court has received a letter from defendants Sarah Jessica Parker and Tandu Productions, Inc. (collectively, the "Parker defendants") detailing certain discovery disputes and requesting an order compelling the production of certain documents, and, if such documents are not produced, that an adverse inference against the plaintiff and counterclaim defendants be drawn at trial. Dkt. 47. The Court has also received a letter from plaintiff Kat Florence Design Limited ("KFD") and counterclaim-defendants Kristy Ann Florence Hillis and Kat Florence Co. Ltd, d/b/a Kat Florence Atelier ("KF A"), representing that they have produced all responsive documents in their possession. Dkt. 48. Any request for an adverse inference is premature at this time, as a lapse in production, let alone the intentional spoliation or non-production of responsive materials, has not yet been established. Fed. R. Civ. P. 37(e)(2). Nonetheless, the Court shares the Parker defendants' concern that the plaintiff/counterclaim-defendants may not yet have thoroughly searched for, and produced, all responsive documents in their possession. The Court directs plaintiff/counterclaim defendants to review anew, diligently and in good faith, their materials for documents responsive to the Parker defendants' request, and to produce all additional responsive documents by Friday, December 28, 2018. The Court further directs counsel for plaintiff/counterclaim defendants to file, also by December 28, 2018, an affidavit describing with particularity all steps taken to search for and produce documents responsive to the Parker defendants' request. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/18/2018) (rro)
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| Filing 48 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Jeremy D. Friedman dated December 11, 2018 re: #47 LETTER MOTION for Conference Regarding Discovery Pursuant to Section 2(C) of the Court's Individual Rules and Practices addressed to Judge Paul A. Engelmayer from Justin M. Sher dated December 7, 2018. . Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
| Filing 47 LETTER MOTION for Conference Regarding Discovery Pursuant to Section 2(C) of the Court's Individual Rules and Practices addressed to Judge Paul A. Engelmayer from Justin M. Sher dated December 7, 2018. Document filed by Sarah Jessica Parker, Tandu Productions, Inc..(Sher, Justin) |
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Filing 46
ORDER withdrawing #26 Motion to Dismiss; granting #44 Motion to Withdraw; terminating #45 Motion to Continue. The Court appreciates this update. Counter-Defendant's motion to withdraw the motion to dismiss is granted. The Court respectfully directs the Clerk of Court to terminate the motions pending at docket numbers 26, 44, and 45. (Signed by Judge Paul A. Engelmayer on 11/7/2018) (mro)
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| Filing 45 LETTER MOTION to Continue /Withdraw Motion to Dismiss addressed to Judge Paul A. Engelmayer from Jeremy Friedman dated November 5, 2018. Document filed by Kristy Ann Florence Hillis.(Friedman, Jeremy) |
| Filing 44 MOTION to Withdraw #26 FIRST MOTION to Dismiss ., #29 Memorandum of Law in Support . Document filed by Kristy Ann Florence Hillis.(Friedman, Jeremy) |
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Filing 43
ORDER: Accordingly, Hillis is directed to file a response by November 5, 2018, informing the Court whether she is withdrawing her motion to dismiss. If Hillis is continuing to pursue her motion, the Court will resolve the motion based on the submissions before it. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/1/2018) (anc)
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Filing 42
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 10/29/2018) (rro) Modified on 3/22/2019 (rro).
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| Filing 41 PROPOSED PROTECTIVE ORDER. Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Ravich, Amanda) |
| Filing 40 LETTER addressed to Judge Paul A. Engelmayer from Justin M. Sher dated October 17, 2018 re: Motion to Dismiss. Document filed by Sarah Jessica Parker, Tandu Productions, Inc..(Sher, Justin) |
| Filing 39 ANSWER to #38 Amended Complaint with JURY DEMAND. Document filed by Sarah Jessica Parker, Tandu Productions, Inc..(Sher, Justin) |
| Filing 38 AMENDED COMPLAINT amending #1 Complaint against Sarah Jessica Parker, Tandu Productions, Inc. with JURY DEMAND.Document filed by Kat Florence Design Limited. Related document: #1 Complaint.(Friedman, Jeremy) |
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Filing 37
ORDER granting #32 Motion to Amend/Correct. Upon consideration of the parties' respective papers and arguments, Plaintiff's Motion for Leave to Amend its Complaint is hereby GRANTED. The Amended Complaint shall be filed by the Plaintiff within ten (10) days of the date of this order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/25/2018) (jca)
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| Filing 36 LETTER addressed to Judge Paul A. Engelmayer from Justin M. Sher dated September 24, 2018 re: Plaintiff's Motion to Amend its Complaint. Document filed by Sarah Jessica Parker, Tandu Productions, Inc..(Sher, Justin) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #26 FIRST MOTION to Dismiss . . Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Sher, Justin) |
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Filing 34
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 2/6/2019. Depositions due by 2/6/2019. Expert Discovery due by 3/23/2019. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. Case Management Conference set for 3/6/2019 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/15/2018) (anc)
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| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Amend/Correct #1 Complaint . . Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
| Filing 32 MOTION to Amend/Correct #1 Complaint . Document filed by Kat Florence Design Limited. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Text of Proposed Order Proposed Order)(Friedman, Jeremy) |
| Filing 31 ANSWER to #12 Counterclaim. Document filed by Kat Florence Co. Ltd. d/b/a Kat Florence Atelier.(Friedman, Jeremy) |
| Filing 30 ANSWER to #12 Counterclaim. Document filed by Kristy Ann Florence Hillis.(Friedman, Jeremy) |
| Filing 29 MEMORANDUM OF LAW in Support re: #26 FIRST MOTION to Dismiss . . Document filed by Kristy Ann Florence Hillis. (Friedman, Jeremy) |
| Filing 28 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kat Florence Co. Ltd. d/b/a Kat Florence Atelier.(Friedman, Jeremy) |
| Filing 27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #29) - MOTION to Dismiss . Document filed by Kristy Ann Florence Hillis.(Friedman, Jeremy) Modified on 8/28/2018 (ldi). |
| Filing 26 Withdrawn as per Judge's Order dated 11/7/2018, Doc. #46 FIRST MOTION to Dismiss . Document filed by Kristy Ann Florence Hillis. Responses due by 9/11/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(Friedman, Jeremy) Modified on 11/7/2018 (mro). |
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Filing 25
ORDER: The Court set the following briefing schedule: Motions due by 8/28/2018. Responses due by 9/18/2018. Replies due by 9/25/2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/16/2018) (anc)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 8/15/2018. Jeremy Friedman present for Plaintiff. Justin Sher & Amanda Ravich present for Defendants. (ajs) |
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Filing 24
ORDER: Due to a scheduling conflict, the initial pretrial conference scheduled for Wednesday, August 15, 2018, at 2:30 p.m. is rescheduled for August 15, 2018, at 10:30 a.m. SO ORDERED. (Initial Conference set for 8/15/2018 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge William B. Enright on 8/10/2018) (anc)
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| Filing 23 STATUS REPORT. Document filed by Sarah Jessica Parker, Tandu Productions, Inc..(Ravich, Amanda) |
| Filing 22 PROPOSED SCHEDULING ORDER. Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Ravich, Amanda) |
| Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Ravich, Amanda) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Sarah Jessica Parker, Tandu Productions, Inc.. (Ravich, Amanda) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Granted. Upon counsel's representation that the requested extension is necessary to provide time to further investigate allegations in the counterclaim, the Court hereby extends the deadline for Counter-Defendants to respond to the counterclaim from August 2, 2018, to August 22, 2018. (Signed by Judge Paul A. Engelmayer on 7/31/2018) (mro)
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| Filing 18 FIRST LETTER MOTION for Extension of Time to File a Response to the Counterclaim addressed to Judge Paul A. Engelmayer from Jeremy Friedman dated July 31, 2018. Document filed by Kristy Ann Florence Hillis, Kat Florence Co. Ltd. d/b/a Kat Florence Atelier.(Friedman, Jeremy) |
| Set/Reset Deadlines: Kristy Ann Florence Hillis answer due 8/22/2018; Kat Florence Design Limited answer due 8/22/2018. (mro) |
| Filing 17 NOTICE OF APPEARANCE by Jeremy D. Friedman on behalf of Kristy Ann Florence Hillis, Kat Florence Co. Ltd. d/b/a Kat Florence Atelier. (Friedman, Jeremy) |
| Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/15/2018 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 7/25/2018) (ne) |
| Filing 15 ANSWER to #12 Counterclaim., COUNTERCLAIM against Sarah Jessica Parker, Tandu Productions, Inc.. Document filed by Kat Florence Design Limited.(Friedman, Jeremy) |
| Filing 14 CLERK CERTIFICATE OF MAILING of one copy of the Summons, Answer and Counterclaims, Judge Paul A. Engelmayer's Individual Rules, and Magistrate Judge Katherine H. Parker's Individual Rules mailed to Kristy Ann Florence Hillis, Kat Florence Co. Ltd. d/b/a Kat Florence Atelier, 8 Sukhumvit 42 Road, Bangkok 10110 on July 12, 2018 by Federal Express tracking # 772690706170, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (jca) |
| Filing 13 CLERK CERTIFICATE OF MAILING of one copy of the Summons, Answer and Counterclaims, Judge Paul A. Engelmayer's Individual Rules, and Magistrate Judge Katherine H. Parker's Individual Rules mailed to Kat Florence Co. Ltd. d/b/a Kat Florence Atelier, 8 Sukhumvit 42 Road, Bangkok 10110 on July 12, 2018 by Federal Express tracking # 772690687218, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (jca) Modified on 7/13/2018 (jca). |
| SUMMONS ISSUED as to Kristy Ann Florence Hillis. (laq) |
| SUMMONS ISSUED as to Kat Florence Co. Ltd. d/b/a Kat Florence Atelier. (laq) |
| Filing 12 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Kat Florence Design Limited, Kat Florence Co. Ltd. d/b/a Kat Florence Atelier, Kristy Ann Florence Hillis. Document filed by Tandu Productions, Inc., Sarah Jessica Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ravich, Amanda) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tandu Productions, Inc..(Ravich, Amanda) |
| Filing 10 NOTICE OF APPEARANCE by Amanda Ravich on behalf of Sarah Jessica Parker, Tandu Productions, Inc.. (Ravich, Amanda) |
| Filing 9 NOTICE OF APPEARANCE by Emma Susanne Spiro on behalf of Sarah Jessica Parker, Tandu Productions, Inc.. (Spiro, Emma) |
| Filing 8 NOTICE OF APPEARANCE by Justin M. Sher on behalf of Sarah Jessica Parker, Tandu Productions, Inc.. (Sher, Justin) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Tandu Productions, Inc. waiver sent on 5/2/2018, answer due 7/2/2018. Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Sarah Jessica Parker waiver sent on 5/2/2018, answer due 7/2/2018. Document filed by Kat Florence Design Limited. (Friedman, Jeremy) |
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Filing 5
ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Jeremy D. Friedman to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/1/2018) (mro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Jeremy D. Friedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14995450. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 4 MOTION for Jeremy D. Friedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14995450. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kat Florence Design Limited. (Attachments: #1 Affidavit Affdavit of Jeremy D. Friedman, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing)(Friedman, Jeremy) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeremy D. Friedman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy D. Friedman. The party information for the following party/parties has been modified: Kat Florence Design Limited. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (jgo) |
| Magistrate Judge Katharine H. Parker 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeremy D. Friedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kat Florence Design Limited. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Friedman, Jeremy) Modified on 4/25/2018 (jc). |
| Filing 2 CIVIL COVER SHEET filed. (Friedman, Jeremy) |
| Filing 1 COMPLAINT against Sarah Jessica Parker, Tandu Productions, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14986294)Document filed by Kat Florence Design Limited. (Attachments: #1 Exhibit Endorsement Agreement)(Friedman, Jeremy) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #3 MOTION for Jeremy D. Friedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from Supreme Court of Florida (our court does not accept state bar certificates); and 2) the filing fee was not paid. Re-file the motion as a 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 Attorney Affidavit - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (jc) |
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