The Dress Barn, Inc. v. Klauber Brothers, Inc.
Plaintiff: The Dress Barn, Inc.
Defendant: Klauber Brothers, Inc.
Counter Defendant: DOES 1-10 and Protrend, Ltd.
Case Number: 1:2018cv08085
Filed: September 5, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 2201 cp
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2019 Opinion or Order Filing 74 ORDER RELEASING SEALED TRANSCRIPT: Plaintiff The Dress Barn, Inc. has requested a transcript of the confidential settlement terms placed on the record during the conference held on July 10, 2019 before this Court in the above-captioned matter. Access to the transcript is hereby GRANTED. The transcript is ordered to be placed under electronic seal. (Signed by Magistrate Judge Barbara C. Moses on 8/12/2019) (cf) Transmission to Sealed Records Clerk for processing.
August 9, 2019 Filing 73 TRANSCRIPT REQUEST for a Settlement Conference proceeding held on July 10, 2019 before Magistrate Judge Barbara C. Moses. Document filed by The Dress Barn, Inc.. (Attachments: #1 Text of Proposed Order)(Moser, Christina)
July 12, 2019 Opinion or Order Filing 72 ORDER OF DISCONTINUANCE: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Courts calendar if the application to restore the action is made by August 19, 2019. If no such application is made by that date, todays dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). (Signed by Judge Denise L. Cote on 7/12/2019) (gr)
July 10, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 7/10/2019. (Snell, Kevin)
July 10, 2019 Filing 71 MANDATE of USCA (Certified Copy) as to #57 Notice of Appeal, filed by Klauber Brothers, Inc. USCA Case Number 19-1526. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2019. (nd)
July 10, 2019 Opinion or Order Filing 70 ENDORSED LETTER addressed to Judge Denise L. Cote from Scott Alan Burroughs, Esq. dated July 9, 2019 re: Joint Request to Continue Fact Discovery Deadline Per Court Order to 9/20/2019. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 7/10/2019) (gr)
July 9, 2019 Filing 69 FIRST LETTER addressed to Judge Denise L. Cote from Scott Alan Burroughs, Esq. dated July 9, 2019 re: Joint Request to Continue Fact Discovery Deadline Per Court Order. Document filed by Klauber Brothers, Inc..(Burroughs, Scott)
July 8, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 7/8/2019. (Snell, Kevin)
July 8, 2019 Opinion or Order Filing 68 ORDER denying #60 Letter Motion to Adjourn Conference. The settlement conference will proceed as scheduled on July 10, 2019, at 2:15 p.m. No later than 9:00 a.m. on July 9, 2019, plaintiff shall submit an updated confidential letter via the Court's email address, Moses_NYSDChambers@nysd.uscourts.gov, describing the good-faith counter-offer it made to defendant. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (AS)
July 3, 2019 Opinion or Order Filing 67 ENDORSED LETTER addressed to Judge Denise L. Cote from Scott Alan Burroughs, Esq. dated July 3, 2019 re: Request for Leave to Amend Counter-Claim. ENDORSEMENT: The November 16 Order required any joinder of parties or amendment of pleadings to occur by 2/1/19. Unless there is consent, any such application must now be made through a motion. (Signed by Judge Denise L. Cote on 7/3/2019) (gr)
July 3, 2019 Opinion or Order Filing 66 ORDER SCHEDULING TELEPHONIC CONFERENCE: It is hereby ORDERED that Judge Moses will hold a telephonic conference in this matter on Monday, July 8, 2019, at 10:00 a.m. Counsel are directed to call chambers, (212) 805-0228, shortly before 10:00 a.m., with all counsel on one line. If there is still a scheduling conflict with the Court of Appeals mediation program at that time, the parties should be prepared to discuss the earliest available date for rescheduling the settlement conference in this Court. (As further set forth in this Order.) ( Telephone Conference set for 7/8/2019 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 7/3/2019) (cf)
July 3, 2019 Filing 65 FIRST LETTER addressed to Judge Denise L. Cote from Scott Alan Burroughs, Esq. dated July 3, 2019 re: Request for Leave to Amend Counter-Claim. Document filed by Klauber Brothers, Inc.. (Attachments: #1 Exhibit (A) Ascena Copyright Response, #2 Exhibit (B) Ascena 2017 Annual Report)(Burroughs, Scott)
July 3, 2019 Filing 64 LETTER addressed to Magistrate Judge Barbara C. Moses from Kevin M. Wallace dated July 3, 2019 re: Reply to Klauber Brothers, Inc.'s Two Responses to Dressbarn's Letter Requesting Adjournment of the July 10. 2019 Settlement Conference. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
July 3, 2019 Filing 63 SECOND LETTER addressed to Magistrate Judge Barbara C. Moses from Scott Alan Burroughs, Esq. dated July 3, 2019 re: Supplement to Objection to Request for Third Continuance of Settlement Conference. Document filed by Klauber Brothers, Inc.. (Attachments: #1 Exhibit - July 3, 2019 Order)(Burroughs, Scott)
July 3, 2019 Opinion or Order Filing 62 ORDER: On July 2, 2019, plaintiff filed a motion to certify for appeal this Courts April 22 Opinion and Order and to stay proceedings in this case. As the July 2 motion recognizes, judgment has not been entered in this case and therefore the Court of Appeals does not currently have jurisdiction. The parties are reminded that fact discovery in this case closes on July 12, expert discovery closes on September 20, and any motion for summary judgment -- or, if no motion for summary judgment is filed, the joint pretrial order -- is due on October 11. It is hereby ORDERED that the plaintiffs July 2 motion is denied. IT IS FURTHER ORDERED that the parties may, on consent, extend fact discovery into the expert discovery period but the other deadlines described above shall remain firm. (Signed by Judge Denise L. Cote on 7/3/2019) (gr)
July 3, 2019 Filing 61 LETTER addressed to Magistrate Judge Barbara C. Moses from Scott Alan Burroughs, Esq. dated July 3, 2019 re: Objection to Request for Third Continuance of Settlement Conference. Document filed by Klauber Brothers, Inc..(Burroughs, Scott)
July 2, 2019 Filing 60 LETTER MOTION to Adjourn Conference (Settlement Conference) addressed to Magistrate Judge Barbara C. Moses from Kevin M. Wallace dated July 2, 2019. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
July 2, 2019 Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Certify Appeal and Stay Proceedings . . Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
July 2, 2019 Filing 58 MOTION to Certify Appeal and Stay Proceedings . Document filed by The Dress Barn, Inc..(Wallace, Kevin)
May 23, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #57 Notice of Appeal, filed by Klauber Brothers, Inc. were transmitted to the U.S. Court of Appeals. (tp)
May 23, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #57 Notice of Appeal. (tp)
May 22, 2019 Filing 57 NOTICE OF APPEAL from #53 Order on Motion to Dismiss,. Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. Filing fee $ 505.00, receipt number ANYSDC-16938141. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Burroughs, Scott)
May 6, 2019 Filing 56 ANSWER to #29 Amended Counterclaim. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
April 23, 2019 Opinion or Order Filing 55 ORDER granting #54 Letter Motion to Adjourn Conference. Application GRANTED. The settlement conference currently scheduled for April 30, 2019, at 2:15 p.m. is ADJOURNED to July 10, 2019, at 2:15 p.m. in Courtroom 20A, 500 Pearl Street, New York, New York, 10007. All other provisions of the Courts Order Scheduling Settlement Conference (Dkt. No. 22), including the requirements that the parties hold at least one pre-conference settlement discussion, exchange at least one good faith offer and demand, and submit confidential settlement letters no later than one week before the conference, remain in effect. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/23/2019) Settlement Conference set for 7/10/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (ks)
April 23, 2019 Filing 54 LETTER MOTION to Adjourn Conference Scheduled for April 30, 2019 addressed to Magistrate Judge Barbara C. Moses from Kevin M. Wallace dated April 23, 2019. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
April 22, 2019 Opinion or Order Filing 53 OPINION AND ORDER.....Dress Barns January 1, 2019 motion to dismiss and Protrends February 7, 2019 motions to dismiss are granted. (Signed by Judge Denise L. Cote on 4/22/2019) (gr)
March 13, 2019 Filing 52 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for additional pleading submitted to court for review.(Burroughs, Scott)
March 13, 2019 Filing 51 NOTICE of Errata re: #29 Amended Counterclaim. Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. (Burroughs, Scott)
March 11, 2019 Filing 50 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6). . Document filed by Protrend, Ltd.. (Kimm, Michael)
March 11, 2019 Filing 49 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Kimm dated 03/09/2019 re: Requesting until 3/14/2019 to file Reply to Motion to Dismiss Counterclaims. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/11/2019) (gr)
March 8, 2019 Filing 48 LETTER addressed to Judge Denise L. Cote from Michael Kimm dated 03/09/2019 re: Reply to Motion to Dismiss Counterclaims. Document filed by Protrend, Ltd..(Kimm, Michael)
March 5, 2019 Opinion or Order Filing 47 STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. (Signed by Judge Denise L. Cote on 3/5/2019) (gr)
March 4, 2019 Filing 46 PROPOSED STIPULATION AND ORDER. Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
March 1, 2019 Filing 45 MEMORANDUM OF LAW in Opposition re: #40 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6). . Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. (Attachments: #1 Exhibit A)(Burroughs, Scott)
February 13, 2019 Opinion or Order Filing 44 ORDER granting #43 Letter Motion to Adjourn Conference. Application GRANTED. The settlement conference scheduled for March 5, 2019 is ADJOURNED to April 30, 2019, at 2:15 p.m. All remaining provisions of the Court's order scheduling the conference (Dkt. No. 22) shall remain in effect. SO ORDERED. Settlement Conference set for 4/30/2019 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 2/13/2019) (kv)
February 12, 2019 Filing 43 LETTER MOTION to Adjourn Conference (Settlement Conference) addressed to Magistrate Judge Barbara C. Moses from Kevin M. Wallace dated February 12, 2019. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
February 8, 2019 Opinion or Order Filing 42 ORDER: It is hereby ORDERED that defendant shall file any amended counterclaims by March 1, 2018. It is unlikely that defendant will have a further opportunity to amend IT IS FURTHER ORDERED that if no amended counterclaims arefiled, the defendant shall serve any opposition to Protrend's motion to dismiss by March 1, 2019. Protrend's reply, if any, shall be served by March 8, 2019. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/7/2019) (jca)
February 7, 2019 Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6). . Document filed by Protrend, Ltd.. (Kimm, Michael)
February 7, 2019 Filing 40 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6). Document filed by Protrend, Ltd..(Kimm, Michael)
February 1, 2019 Filing 39 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Amended Counterclaim. . Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
January 25, 2019 Filing 38 MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss Amended Counterclaim. . Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. (Burroughs, Scott)
January 23, 2019 Filing 37 CERTIFICATE OF SERVICE of Summons and Amended Counterclaim. Protrend, Ltd. served on 1/17/2019, answer due 2/7/2019. Service was accepted by Paul Pyo, Vice President. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
January 17, 2019 Filing 36 ELECTRONIC SUMMONS ISSUED as to Protrend, Ltd.. (pne)
January 15, 2019 Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to Protrend, Ltd., re: #29 Amended Counterclaim. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
January 15, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #34 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was selected; the PDF attached to the docket entry for the issuance of summons is not correct; Do not use a third party summons form. Use the standard summons form and modify the caption title to signify the counter claimants and counter defendants;. 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. (pc)
January 14, 2019 Filing 34 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Protrend, Ltd., re: #29 Amended Counterclaim. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott) Modified on 1/15/2019 (pc).
January 11, 2019 Opinion or Order Filing 33 SCHEDULING ORDER: On November 29, 2018, the plaintiff filed a motion to dismiss the original counterclaims in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of December 6 directed the defendant to file any amended counterclaims by December 28 and alerted the defendant that it would likely not have another opportunity to amend. The defendant filed amended counterclaims on December 28, thereby mooting the plaintiffs November 29 motion. The plaintiff renewed its motion on January 10. It is hereby ORDERED that the defendant shall serve any opposition to the motion to dismiss by January 25, 2019. The plaintiffs reply, if any, shall be served by February 1, 2019..... (Signed by Judge Denise L. Cote on 1/11/2019) (gr)
January 10, 2019 Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Amended Counterclaim. . Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
January 10, 2019 Filing 31 MOTION to Dismiss Amended Counterclaim. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
January 10, 2019 Opinion or Order Filing 30 ORDER: On November 29, 2018, the plaintiff filed a motion to dismiss the original counterclaims in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. On December 28, 2018, the defendant filed amended counterclaims. Accordingly, it is hereby ORDERED that that the plaintiffs November 29, 2018 motion to dismiss shall be terminated as moot. (Signed by Judge Denise L. Cote on 1/10/2019) (gr)
January 8, 2019 Filing 29 AMENDED COUNTERCLAIM amending #14 Answer to Complaint, Counterclaim against DOES 1-10, Protrend, Ltd., The Dress Barn, Inc..Document filed by Klauber Brothers, Inc.. Related document: #14 Answer to Complaint, Counterclaim.(Burroughs, Scott)
January 8, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #28 Request for Issuance of Summons. The filing is deficient for the following reason(s): the summons request could not be issued due to deficient pleading; the wrong filers were selected;. 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. (jgo)
January 8, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #27 Amended Counterclaim,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Amended Counterclaim found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
January 7, 2019 Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Protrend, Ltd., re: #27 Amended Counterclaim,. Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. (Burroughs, Scott)
December 28, 2018 Filing 27 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COUNTERCLAIM amending #14 Answer to Complaint, Counterclaim against DOES 1-10, The Dress Barn, Inc., Protrend, Ltd..Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc.. Related document: #14 Answer to Complaint, Counterclaim.(Burroughs, Scott) Modified on 1/8/2019 (jgo).
December 6, 2018 Opinion or Order Filing 26 SCHEDULING ORDER: On November 29, 2018, the plaintiff filed a motion to dismiss the counterclaims pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a party has 21 days after the service of a motion under Rule 12(b) to amend their pleadings once as a matter of course. Accordingly, it is hereby ORDERED that defendant shall file any amended counterclaims by December 28, 2018. It is unlikely that defendant will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended counterclaims are filed, defendant shall file any opposition to the motion to dismiss by December 28, 2018. Plaintiffs reply, if any, shall be filed by January 11, 2019...... (Signed by Judge Denise L. Cote on 12/5/2018) (gr)
December 3, 2018 Filing 25 LETTER addressed to Judge Denise L. Cote from Scott Alan Burroughs dated December 3, 2018 re: Briefing Schedule re Motion to Dismiss Counterclaims. Document filed by Klauber Brothers, Inc., Klauber Brothers, Inc..(Burroughs, Scott)
November 29, 2018 Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Counterclaims. . Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
November 29, 2018 Filing 23 MOTION to Dismiss Counterclaims. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
November 28, 2018 Opinion or Order Filing 22 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Tuesday, March 5, 2019, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) (Settlement Conference set for 3/5/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/28/2018) (cf)
November 19, 2018 Opinion or Order Filing 21 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 Barbara C. Moses. (Signed by Judge Denise L. Cote on 11/16/2018) (gr)
November 19, 2018 Opinion or Order Filing 20 PRETRIAL SCHEDULING ORDER: As set forth at the conference held on November 16, 2018, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1)The parties shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by November 30, 2018. Plaintiff shall include with his initial disclosures a detailed computation for each category of damages sought pursuant to Rule 26(a)(1)(A)(iii), Fed. R. Civ. P.2)The parties are instructed to contact the chambers of Magistrate Judge Moses prior to November 21, 2018 in order to pursue settlement discussions in February 2019 under her supervision........4)All fact discovery must be completed by July 12, 2019......6)All expert discovery must be completed by September 20, 2019.7) Any motion for summary judgment will be served by the dates indicated below. -Motion served by October 11, 2019-Opposition served by November 1, 2019-Reply served by November 15, 2019......8)In the event no motion is filed, the Joint Pretrial Order for a jury trial must be filed by October 11, 2019...... (Signed by Judge Denise L. Cote on 11/16/2018) (gr)
November 16, 2018 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 11/16/2018 by telephone with both sides. (gr)
November 14, 2018 Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by The Dress Barn, Inc.. (Moser, Christina)
November 13, 2018 Opinion or Order Filing 18 ORDER granting #16 Letter Motion for Extension of Time to Respond to the complaint until 11/29/2018 and permitting principal trial counsel to appear telephonically for the 11/16/2018 conference. (Signed by Judge Denise L. Cote on 11/13/2018) (gr)
November 8, 2018 Opinion or Order Filing 17 ORDER granting #15 Motion for Christina J. Moser to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
November 7, 2018 Filing 16 LETTER MOTION for Extension of Time to File Answer to Defendant Klauber Brothers, Inc.'s Counterclaims addressed to Judge Denise L. Cote from Kevin M. Wallace dated November 7, 2018. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
November 7, 2018 Filing 15 MOTION for Christina J. Moser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15877427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Dress Barn, Inc.. (Attachments: #1 Affidavit of Christina J. Moser in Support, #2 Exhibit A - OH Good Standing Certificate, #3 Exhibit B - CA Good Standing Certificate, #4 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Moser, Christina)
November 7, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Christina J. Moser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15877427. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 25, 2018 Filing 14 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against The Dress Barn, Inc., DOES 1-10. Document filed by Klauber Brothers, Inc..(Burroughs, Scott)
October 25, 2018 Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Klauber Brothers, Inc..(Burroughs, Scott)
October 19, 2018 Opinion or Order Filing 12 ORDER granting #11 Motion for Scott Alan Burroughs to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
October 18, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Scott Alan Burroughs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15767170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 17, 2018 Filing 11 MOTION for Scott Alan Burroughs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15767170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Klauber Brothers, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)(Burroughs, Scott)
September 25, 2018 Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Klauber Brothers, Inc. waiver sent on 9/17/2018, answer due 11/16/2018. Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
September 17, 2018 Filing 9 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne)
September 10, 2018 Filing 8 AMENDED NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 11/16/2018 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 9/10/2018) (gr) Modified on 9/10/2018 (gr).
September 7, 2018 Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 11/16/2018 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 9/7/2018) (gr)
September 6, 2018 Filing 6 ELECTRONIC SUMMONS ISSUED as to Klauber Brothers, Inc.. (pne)
September 6, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pne)
September 6, 2018 Magistrate Judge Barbara C. Moses 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. (pne)
September 6, 2018 Case Designated ECF. (pne)
September 5, 2018 Filing 5 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Wallace, Kevin)
September 5, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ascena Retail Group, Inc., for The Dress Barn, Inc.. Document filed by The Dress Barn, Inc..(Wallace, Kevin)
September 5, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Klauber Brothers, Inc., re: #1 Complaint. Document filed by The Dress Barn, Inc.. (Wallace, Kevin)
September 5, 2018 Filing 2 CIVIL COVER SHEET filed. (Wallace, Kevin)
September 5, 2018 Filing 1 COMPLAINT against Klauber Brothers, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15531926)Document filed by The Dress Barn, Inc..(Wallace, Kevin)

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Plaintiff: The Dress Barn, Inc.
Represented By: Kevin M Wallace
Represented By: Christina J. Moser
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Defendant: Klauber Brothers, Inc.
Represented By: Scott Alan Burroughs
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Counter defendant: DOES 1-10
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Counter defendant: Protrend, Ltd.
Represented By: Michael S. Kimm
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