SPIN MASTER LTD. and SPIN MASTER, INC. v. ALVY, et al.
Case Number: 1:2019cv03452
Filed: December 3, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
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Date Filed Document Text
January 31, 2022 Opinion or Order Filing 149 ORDER: It is hereby ORDERED that Plaintiffs' claim against Defendant DIYurfeeling is DISMISSED. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Lorna G. Schofield on 1/31/2022) (mml)
January 10, 2022 Opinion or Order Filing 148 ORDER for 144 Report and Recommendations,,, It is hereby ORDERED and ADJUDGED that the Report is ADOPTED in part. Plaintiffs are awarded damages in the amount of $50,000.00 against each of the following Defaulting Defendants: Atrigger, bason888, BokenUS, Catchmaik, Cenda, Cymely, Dadiii, DLUCKY, EASERELAX, fengheshun, Fshgh, GlobalCareMarket, LittiL, LTINTIN, NOVOTE, Piei Jkiews, plusA, RUNFON, SANOHAMI, SEENDOM, supergogo, Torero X, twistymagicalpetz, UKCG, Xiaohuoji, Yaoguan, Yardom, Yungcong.15 and Zhanhong. If delinquent, Defendants shall pay post-judgment ORDERED that, if Plaintiffs seek damages from Defendant DIYurfeeling, Plaintiffs shall file an additional certificate of service by January 24, 2022. (Signed by Judge Lorna G. Schofield on 1/10/2022) (ks)
December 2, 2021 Opinion or Order Filing 146 ORDER: WHEREAS, on November 17, 2021, Magistrate Judge Moses issued a Report and Recommendation, directed Plaintiffs to "promptly" serve a copy of the Report and Recommendation on the Defaulting Defendants and to file proof of such service on the docket. WHEREAS, no such proof of service was filed. It is hereby ORDERED that Plaintiffs shall file proof of service of the Report and Recommendation by December 9, 2021. (Signed by Judge Lorna G. Schofield on 12/2/2021) (vfr)
January 17, 2020 Opinion or Order Filing 128 SCHEDULING ORDER FOR DAMAGES INQUEST re: 127 Amended Order Referring Case to Magistrate Judge, 119 Default Judgment, 105 Clerk's Certificate of Default. It is hereby ORDERED that: No later than January 31, 2020, plaintiff shall file its Proposed Findings of Fact and Conclusions of Law concerning all damages and other relief permitted in connection with a default judgment against the Defaulting Defendants. The Proposed Findings of Fact and Conclusions of Law shall contain a concl uding paragraph that succinctly summarizes, as to each Defaulting Defendant, the exact dollar amount of the damages (or other monetary relief) sought, as well as the precise terms of any nonmonetary relief sought from that Defaulting Defendant. (as f urther set forth herein). No later than February 14, 2020, each Defaulting Defendant shall serve upon plaintiff's counsel and file with the Court its responses, if any, to plaintiffs Proposed Findings of Fact and Conclusions of Law and supportin g materials. The Court hereby notifies the parties that it may conduct the inquest based solely upon the written submissions of the parties. See Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir. 1991) ("affidavits, evidence, and oral p resentations by opposing counsel" constituted "sufficient basis from which to evaluate the fairness of the... sum" without the need for a separate hearing on damages); Lenard v. Design Studio, 889 F. Supp. 2d 518, 524, 526-27 (S.D.N.Y. 2012) (adopting magistrate judge's report and recommendation on damages, issued after referral for inquest into damages following default judgment against defendant, without an evidentiary hearing). To the extent any party seeks an evidentiary hearing on the issue of damages or other monetary relief, such party must set forth in its submission the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing, and the nature of the evidence that would be submitted. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/17/2020) (kv)
December 3, 2019 Opinion or Order Filing 123 ORDER re: 79 Case Management Plan. It is hereby ORDERED that the parties shall file the letter by December 5, 2019. (Signed by Judge Lorna G. Schofield on 12/3/2019) (kv)
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