Venegas Abarca v. Chapter 4 Corp. et al
| Samuel Jose Venegas Abarca |
| Clarence L. Smith II, Chapter 4 Corp., Walmart, Inc., Forever 21 Retail, Inc. and Target Corporation |
| 1:2018cv11206 |
| December 3, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 CERTIFICATE OF SERVICE of Parties Joint Letter, Civil Case Management Plan, and Scheduling Order (ECF No. 36) served on Samuel Jose Venegas Abarca on January 31, 2019. Service was made by Mail. Document filed by Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
| Filing 36 JOINT LETTER addressed to Judge Lorna G. Schofield from David Martinez, Esq. dated January 31, 2019 re: Parties' Joint Letter, Civil Case Management Plan, and Scheduling Order. Document filed by Forever 21 Retail, Inc., Target Corporation. (Attachments: #1 Exhibit - Civil Case Management Plan and Scheduling Order)(Martinez, David) |
| Filing 35 LETTER addressed to Judge Lorna G. Schofield from Donald W. O'Brien, Jr., Esq. dated January 30, 2019 re: Samuel Jose Venegas Abarca v. Chapter 4 Corp., et al.. Document filed by Walmart, Inc..(O'Brien, Donald) |
| Mailed a copy of #32 Memo Endorsement, Set Deadlines, to Samuel Jose Venegas Abarca 60 East 104th Street - Apt. 3E New York, NY 10029.(aea) |
| Filing 34 CERTIFICATE OF SERVICE of Defendants Forever 21 Retail, Inc.s and Target Corporations Letter Motion for Leave to File Motion to Dismiss (ECF No. 31) served on Samuel Jose Venegas Abarca on January 23, 2019. Service was made by Mail. Document filed by Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
| Filing 33 CERTIFICATE OF SERVICE of Defendants Forever 21 Retail, Inc.s and Target Corporations Rule 7.1 Corporate Disclosure Statements (respectively, ECF Nos. 28 and 29) served on Samuel Jose Venegas Abarca on January 18, 2019. Service was made by Mail. Document filed by Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
Filing 32
MEMO ENDORSEMENT on re: #31 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from David Martinez, Esq. dated January 22, 2019. filed by Forever 21 Retail, Inc., Target Corporation. ENDORSEMENT: It is ORDERED that the pro se Plaintiff, may but need not, file a letter response to Defendants' pre-motion letter, pursuant to Individual Rules III.A.1 and III.C.2, by January 30, 2019. It is further ORDERED that by January 30, 2019, Defendants Walmart, Inc. and Clarence L. Smith II shall file a letter on ECF stating whether they intend to join in this motion. The motion will be discussed at the initial pretrial conference. The Clerk of Court is respectfully directed to send a copy of this Order to the pro se Plaintiff. (Responses due by 1/30/2019) (Signed by Judge Lorna G. Schofield on 1/23/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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| Filing 31 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from David Martinez, Esq. dated January 22, 2019. Document filed by Forever 21 Retail, Inc., Target Corporation.(Martinez, David) |
| Filing 30 AFFIDAVIT OF SERVICE of Walmart Inc.'s Answer with Affirmative Defenses served on Samuel Jose Venegas Abarca on 1/18/2019. Service was made by Mail. Document filed by Walmart, Inc.. (O'Brien, Donald) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation.(Jain, Reena) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Forever 21 Retail, Inc..(Jain, Reena) |
| Filing 27 ANSWER to #1 Complaint. Document filed by Walmart, Inc..(O'Brien, Donald) |
| Filing 26 MEMO ENDORSEMENT on re: #22 Letter filed by Forever 21 Retail, Inc., Target Corporation. ENDORSEMENT: Application GRANTED. Counsel shall call Chambers at (212) 805-0288 at the appointed date and time. (Signed by Judge Lorna G. Schofield on 1/10/2019) (cf) |
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Filing 25
ORDER granting #21 Motion for David Martinez to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 24 CERTIFICATE OF SERVICE of Motion for David Martinez to Appear Pro Hac Vice (ECF No. 21) and Letter Addressed to Judge Schofield from David Martinez (ECF No. 22) served on Samuel Jose Venegas Abarca on January 9, 2019. Service was made by Mail. Document filed by Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
| Filing 23 CERTIFICATE OF SERVICE of Notice of Appearance by Reena Jain (ECF No. 12) and First Letter Motion for Extension of Time to Answer (ECF No. 14) served on Samuel Jose Venegas Abarca on December 19, 2018. Service was made by Mail. Document filed by Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
| Filing 22 LETTER addressed to Judge Lorna G. Schofield from David Martinez, Esq. dated January 9, 2019 re: Request to Appear at the Initial Pretrial Conference by Telephone. Document filed by Forever 21 Retail, Inc., Target Corporation.(Martinez, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for David Martinez 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. (wb) |
| Filing 21 MOTION for David Martinez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Forever 21 Retail, Inc., Target Corporation. (Attachments: #1 Exhibit A - Affidavit of David Martinez, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order)(Martinez, David) |
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Filing 20
ORDER: The Court has been informed that Defendant Chapter 4 Corp. and Plaintiff have reached a settlement in this case. Accordingly, it is hereby ORDERED that Defendant Chapter 4 Corp. is dismissed from this action without costs and without prejudice to restoring Chapter 4 Corp. to this action within thirty (30) days of this Order. Any application to restore Chapter 4 Corp. to this action filed after thirty (30) days from the date of this Order may be denied solely on that basis. Chapter 4 Corp. terminated. (Signed by Judge Lorna G. Schofield on 1/8/2019) (mro)
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Chapter 4 Corp. ENDORSEMENT: Application GRANTED in part. Chapter 4 Corp. will be dismissed without prejudice in a separate Order. If the parties seek to dismiss Chapter 4 Corp. with prejudice, they may file a stipulation of dismissal. (Signed by Judge Lorna G. Schofield on 1/8/2019) (mro)
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| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from Robert Penchina dated January 7, 2019 re: Settlement in Principle and Request for 30-Day Order. Document filed by Chapter 4 Corp..(Penchina, Robert) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for David Martinez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16130328. 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; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. 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 Proposed Order.. (wb) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Martinez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16130328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Forever 21 Retail, Inc., Target Corporation. (Attachments: #1 Exhibit A - Declaration in Support of Pro Hac Vice Admission, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order for Pro Hac Vice Admission)(Martinez, David) Modified on 1/3/2019 (wb). |
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Filing 16
ORDER granting #14 Letter Motion for Extension of Time to Answer. Application GRANTED. The deadline for Defendants Forever 21 Retail, Inc. and Target Corporation to answer or otherwise respond to the Complaint is extended to January 23, 2019. Forever 21 Retail, Inc. answer due 1/23/2019; Target Corporation answer due 1/23/2019 (Signed by Judge Lorna G. Schofield on 12/20/2018) (cf)
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Filing 15
ORDER granting #13 Letter Motion for Extension of Time to Answer re #1 Complaint. Walmart, Inc. answer due 1/14/2019. Application GRANTED. The deadline for Defendant Walmart, Inc. to answer or otherwise respond to the Complaint is extended to January 14, 2019. (Signed by Judge Lorna G. Schofield on 12/20/2018) Walmart, Inc. answer due 1/14/2019 (ks)
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| Filing 14 FIRST LETTER MOTION for Extension of Time to File Answer with Plaintiff's Consent addressed to Judge Lorna G. Schofield from Reena Jain dated December 19, 2018. Document filed by Forever 21 Retail, Inc., Target Corporation.(Jain, Reena) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer with Plaintiff's Consent addressed to Judge Lorna G. Schofield from Donald W. O'Brien, Jr., Esq. dated December 19, 2018. Document filed by Walmart, Inc..(O'Brien, Donald) |
| Filing 12 NOTICE OF APPEARANCE by Reena Jain on behalf of Forever 21 Retail, Inc., Target Corporation. (Jain, Reena) |
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time to Answer. Application GRANTED. The deadline for Defendant Chapter 4, Corp. d/b/a Supreme to answer or otherwise respond to the Complaint is extended to January 7, 2019. Chapter 4 Corp. answer due 1/7/2019. (Signed by Judge Lorna G. Schofield on 12/18/2018) (ama)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Robert Penchina dated 12/17/2018. Document filed by Chapter 4 Corp..(Penchina, Robert) |
| Filing 9 NOTICE OF APPEARANCE by Robert Penchina on behalf of Chapter 4 Corp.. (Penchina, Robert) |
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Filing 8
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. Initial Conference set for 2/7/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. And as set forth herein. Please monitor the docket the day before the conference, as the time may change slightly. (Signed by Judge Lorna G. Schofield on 12/14/2018) (ama)
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| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Forever 21 Retail, Inc. served on 12/3/2018, answer due 12/24/2018. Service was accepted by Nora Dindyal, CT Corporation System. Document filed by Samuel Jose Venegas Abarca. (sc) |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Target Corporation served on 12/3/2018, answer due 12/24/2018. Service was accepted by Nora Dindyal, CT Corporation System. Document filed by Samuel Jose Venegas Abarca. (sc) |
| Filing 4 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Walmart, Inc. served on 12/3/2018, answer due 12/24/2018. Service was accepted by Nora Dindyal, CT Corporation System. Document filed by Samuel Jose Venegas Abarca. (sc) |
| Filing 3 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Chapter 4 Corp. served on 12/3/2018, answer due 12/24/2018. Service was accepted by Nora Dindyal, CT Corporation d/b/a Supreme NY. Document filed by Samuel Jose Venegas Abarca. (sc) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) |
| Filing 1 COMPLAINT against Chapter 4 Corp., Forever 21 Retail, Inc., Clarence L. Smith II, Target Corporation, Walmart, Inc.. (Filing Fee $ 400.00, Receipt Number 465401223728)Document filed by Samuel Jose Venegas Abarca.(jgo) |
| SUMMONS ISSUED as to Forever 21 Retail, Inc.. (jgo) |
| SUMMONS ISSUED as to Chapter 4 Corp.. (jgo) |
| SUMMONS ISSUED as to Target Corporation. (jgo) |
| Magistrate Judge Ona T. Wang 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) |
| SUMMONS ISSUED as to Clarence L. Smith II. (jgo) |
| SUMMONS ISSUED as to Walmart, Inc.. (jgo) |
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