Beverly Hills Teddy Bear Company v. Best Brands Consumer Products, Inc. et al
| 1:2019cv03766 |
| December 23, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
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The following documents for this case are available for you to view or download:
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Filing
309
ORDER OF DISMISSAL.... The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. If the settlement is not consummated, the parties should be prepared to go to trial on June 24, 2024. To be clear, any application t o reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 9.B of the Court's Indiv idual Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. ( Ready for Trial by 6/24/2024.) (Signed by Judge Arun Subramanian on 4/10/2024) (vfr)
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Filing
308
OPINION AND ORDER re: 292 MOTION for Summary Judgment filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc. "[C]ourts have recognized that the referral procedure is vulnerable to abuse and have urge d caution." Palmer/Kane LLC v. Rosen Book Works LLC, 188 F. Supp. 3d 347, 348 (S.D.N.Y. 2016) (collecting cases). Caution is warranted here. Best Brands has scant evidence that any legal errors in the copyright registrations (if they exist in the first place) were made knowingly. And if the alleged errors were inadvertent, BHTBC's copyrights remain valid, regardless of whether the Copyright Office would have refused registration had it known. In addition, this case has been going on for almost five years. It is finally scheduled to go to trial in just a few months. That trial will help to develop the factual record. So Best Brands' motions are denied. The Clerk of Court is directed to terminate Dkt. 292. SO ORDERED. (Signed by Judge Arun Subramanian on 3/29/2024) (vfr)
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Filing
305
ORDER: Some of the exhibits attached to Defendants' Rule 56.1 Statement (dkt. 293) are marked as "Filed Under Seal." But it does not appear that these exhibits were ever filed. These exhibits must be filed under seal on the docket so that the Court can access them by Wednesday, March 6, 2024. SO ORDERED. (Signed by Judge Arun Subramanian on 3/5/2024) (vfr)
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Filing
298
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, April 8, 2024 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person wi th their counsel. Corporate parties must send the person with decision-making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with my Individual Rules of Practice. Pre-conference submissions must be received by the Court no later Monday, April 1, 2024. SO ORDERED. ( Settlement Conference set for 4/8/2024 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/12/2024) (vfr)
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Filing
284
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 281). A telephone conference will be held on Thursday, January 11, 2024 at 3:00 p.m. in advance of a settlement conference. The parties a re directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court confer ence line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 1/11/2024 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/29/2023) (vfr)
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Filing
278
MEMORANDUM OPINION AND ORDER re: 264 MOTION for Summary Judgment as to Plaintiff's Lack of Standing and Failure to Join a Necessary and Indispensable Party filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc. Best Brands' motion for summary judgment is DENIED. The Clerk of Court is directed to terminate Dkt. 264. SO ORDERED. (Signed by Judge Arun Subramanian on 11/14/2023) (vfr)
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Filing
268
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-arun-subramanian. Unless and unt il the Court orders otherwise, all prior orders, dates, and deadlines-including the deadlines for the pending summary-judgment motion-shall remain in effect notwithstanding the case's reassignment. Additionally, by September 15, 2023, the part ies are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs, as further set forth herein. If this case has been settled or otherwise terminated, counsel are not required to submit such letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available, as further set forth herein. Requests for extensions or adjournme nt may be made only by letter-motion filed on ECF, and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appeara nce or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. SO ORDERED. (Signed by Judge Arun Subramanian on 9/11/2023) (vfr)
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Filing
261
ORDER As stated on the record during the teleconference held on July 31, 2023, the deadline for Defendants to file their motion briefing threshold issues, i.e., standing and the effect of the absence of GennComm LLC on the litigation, is due no lat er than August 21, 2023. Plaintiff's opposition is due no later than September 11, 2023. Defendants' reply, if any, is due no later than September 21, 2023. SO ORDERED. (Motions due by 8/21/2023., Replies due by 9/21/2023., Responses due by 9/11/2023) (Signed by Judge Gregory H. Woods on 8/1/2023) (jca)
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Filing
250
ORDER: For the reasons stated on the record during the teleconference held on June 5, 2023, Defendants' December 6, 2022 request to compel the production of documents withheld by third-party GennComm on the basis of the mediation privilege is denied. See Dkt. No. 245. The parties are directed to file a joint letter proposing any modifications to the case management plan no later than June 12, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/7/2023) (tg)
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Filing
244
ORDER denying 238 Letter Motion to Compel. For the reasons articulated on the record during that conference, Defendants' motion to compel is denied. In addition, as discussed on the record during that conference, should GennComm continue to assert mediation privilege over documents created after October 19, 2020, it is ordered to supplement its privilege log and provided an affidavit describing pertinent facts to that privilege assertion no later than July 28, 2022. The Clerk of Court is directed to terminate the motion at Dkt. No. 238.. (Signed by Judge Gregory H. Woods on 7/14/2022) (ate) Modified on 7/15/2022 (ate).
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Filing
243
ORDER: The Court will hold a teleconference to discuss Best Brands' February 28, 2022 motion to compel GennComm to produce documents, Dkt. No. 238, on July 14, 2022, at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/8/2022) ( Telephone Conference set for 7/14/2022 at 02:00 PM before Judge Gregory H. Woods.) (ks)
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Filing
227
ORDER: On August 24, 2021, the Court held a teleconference to discuss Plaintiff's payment of $160,257.04 to Defendants for attorneys' fees and expenses pursuant to the Court's June 8, 2021 Order, Dkt. No. 202. For reasons artic ulated on the record during that conference, the Court orders that Plaintiff pay Defendants according to the following schedule: $30,000 due no later than September 15, 2021; $30,000 due no later than October 15, 2021; $50,000 due no later than November 15, 2021; and $50,257.04 due no later than December 15, 2021. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/24/2021) (rro)
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Filing
222
MEMORANDUM OPINION AND ORDER: Because Beverly Hills' claim for declaratory judgment was mooted by its settlement agreement with GennComm, GennComm's motion to dismiss that claim for lack of subject matter jurisdiction is GRANTED. Because no claims remain against GennComm and GennComm has not brought any of its own claims, it is no longer a party to this action. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 212 and to terminate Defendant GennComm from the caption of this case. (GennComm, LLC terminated.) (Signed by Judge Gregory H. Woods on 8/12/2021) (rro)
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Filing
215
ORDER: Best Brands' July 12, 2021 request to provisionally seal Exhibit 7 of its Motion to Compel is granted. See Dkt. Nos. 210-7, 213. Plaintiff's May 3, 2021 letter sets forth the basis for the sealing request and asserts that the docum ent includes communications covered by attorney-client privilege and the work product doctrine. Dkt. No. 183. Although the Court is granting Best Brands' request to provisionally seal Exhibit 7, it is not ruling on the document's confiden tiality at this time.The Court respectfully directs the Clerk of Court to modify the viewing level for Dkt. No. 210-7 to the selected parties viewing level. The selected parties are court personnel and the attorneys appearing for Plaintiff and Defendants Best Brands Consumer Products, Inc. and Best Brands Sales Company, LLC. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/12/2021) (ama)
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Filing
206
MEMORANDUM OPINION AND ORDER re: 186 MOTION to Amend/Correct 121 Answer to Amended Complaint . filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc. Because all of the claims in Best Brands' pro posed supplemental answer are futile, Best Brands' motion to supplement (styled as a motion to amend) is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 186. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/21/2021) (rro) (Main Document 206 replaced on 6/21/2021) (rro).
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Filing
202
MEMORANDUM OPINION AND ORDER re: 155 MOTION for Attorney Fees filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc. For the foregoing reasons, Defendants' motion for attorney's fees and expense s is GRANTED IN PART and DENIED IN PART. The sanction imposed by the Court does not require that Plaintiff pay Defendant for the costs associated with litigating all issues related to Plaintiff, GennComm, and their relationshiponly the consequenc es of Plaintiff's untimely disclosure, as well as the cost associated with briefing the standing and joinder issues specifically contemplated at the at the time of the order. The Court awards Defendants' counsel $160,257.04 in fees and expenses. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 155. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/8/2021) (rro)
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Filing
178
ORDER: The Court has reviewed the parties' proposed briefing schedule for Best Brands' anticipated motions. The briefing schedule for Best Brands' anticipated motions is as follows: The deadline for Best Brands to file its moti on to amend its answer is May 10, 2021. Any opposition is due by no later than June 1, 2021. Any reply is due by no later than June 8, 2021. The deadline for Best Brands to file its motion to compel discovery from Plaintiff and its counsel is due no later than April 30, 2021. Any response is due no later than May 14, 2021. Best Brands' reply is due no later than May 21, 2021. The deadline for Best Brands to file its motion to compel discovery from GennComm is May 4, 202 1. Any opposition is due no later than May 18, 2021. Best Brands' reply is due no later than May 25, 2021. (As further set forth herein.) ( Motions due by 5/10/2021. Responses due by 6/1/2021. Replies due by 6/8/2021.) (Signed by Judge Gregory H. Woods on 4/23/2021) (va)
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Filing
147
ORDER: The Court has reviewed the parties' January 11, 2021 letter. Dkt. No. 144. Pursuant to the Court's December 11, 2020 order, Best Brands Consumer Products, Inc. and Best Brands Sales Company, LLC (the "Best Brands De fendants") are entitled to "discovery necessary to remedy Plaintiff's failure to provide full and accurate responses to Defendants' original discovery requests." Dkt. No. 124 at 31. Therefore, any supplemental discovery must be directly related to Defendants' original discovery requests, or the issues discussed in the Court's October 20, 2020 decision as to standing and joinder and the Court's December 11, 2020 order on the Best Brands Defend ants' motion for sanctions. See Dkt. Nos. 112 and 124. To be clear, the Court is only permitting is a limited one-sided extension of fact discovery by the Best Brands Defendants. The deadline for this discovery is three months from the dat e of this order. If the parties have any disputes as to specific discovery requests that have been propounded by the Best Brands Defendants, they are invited to write the Court on those issues. The Best Brands Defendants are directe d to file their motion for attorneys' fees by no later than January 29, 2021, for all fees incurred up to that date. Plaintiff's opposition is due no later than February 12, 2021. The Best Brands Defendants' reply, if any, is d ue no later than February 19, 2021. After supplemental discovery is complete, the Court expects the Best Brands Defendants to submit a one-time application for all additional fees incurred after the date of their initial motion for a ttorneys' fees. The Court declines to order Plaintiff's attorneys to disclose their rates for the purpose of this motion. The Court will hold a teleconference on January 20, 2021 at 2:00 p.m. to discuss Plaintiff's anticipate d motion to dismiss its claims against GennComm. See Dkt. No. 144. at 4-5. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's web page, for the dial-in number and acce ss code and other relevant information. The parties are specifically directed to comply with Rule 2(C) of those rules. The Court will revisit Plaintiff's request for leave to file a motion for summary judgment after the issues related to Plaintiff's anticipated motion to dismiss have been discussed. ( Telephone Conference set for 1/20/2021 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/18/2021) (mro)
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Filing
139
ORDER denying 131 Letter Motion to Seal. One of the strengths of the United States legal system is that its courts do not operate in secret. The Court declines Plaintiff and GennComm's invitation to deviate from that bedrock principle. Beca use Plaintiff and GennComm have not rebutted the presumption of public access, their motion to seal the Settlement Agreement is denied. The Clerk of Court is directed to unseal Dkt. No. 134. The Clerk of Court is further directed to terminate the motion pending at Dkt. No. 131. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/29/2020) (kv)
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Filing
133
ORDER: The Court has reviewed the parties' December 21, 2020 letters. Plaintiff's request for a teleconference to discuss the scope of supplemental discovery and the best way to proceed in this case, Dkt. No. 127, is granted. T he Court will hold a teleconference on December 28, 2020 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's web page, for the dial-in number and access code a nd other relevant information. The parties are specifically directed to comply with Rule 2(C) of those rules. Defendants Best Brands Consumer Products, Inc. and Best Brands Sales Company LLC's request for an extension of the deadline fo r the parties to submit their joint letter regarding next steps in this case, Dkt. No. 126, is granted. The Court will discuss an appropriate timeline for the parties to submit their joint letter during the December 28, 2020 conference. The Cour t declines to act on the Best Brands defendants' request for an order directing Plaintiff to produce its recent settlement agreement with defendant GennComm prior to the conference. See Dkt. No. 129. ( Telephone Conference set for 12/28/2020 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/22/2020) (mro)
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Filing
125
ORDER: On December 11, 2020, the Court granted in part Defendants Best Brands Consumer Products, Inc. and Best Brands Sales Company, LLC's (together, "Defendants'") motion for sanctions. Dkt. No. 124. In its orde r, the Court ordered Plaintiff to pay for the supplemental discovery and Defendants' reasonable attorney's fees and costs that resulted from Plaintiff's failure to meet its discovery obligations. Id. To streamline that process, the Court orders the parties to confer and jointly propose dates, by no later than December 21, 2020, for the following: a schedule for the parties to conduct the supplemental discovery described in the Court's December 11, 2020 o rder; a teleconference during which the parties and the Court will discuss the proposed schedule and the best way to proceed with discovery; and a briefing schedule for Defendants' anticipated motion for the attorney's fees and costs they have already incurred. Plaintiff is directed to serve this order on GennComm and to retain proof of service. (Signed by Judge Gregory H. Woods on 12/14/2020) (mro)
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Filing
71
ORDER: Beverly Hills Teddy Bear Company ("Beverly Hills") has asked that this Court permit the sealing of two exhibits filed in support of Defendants' motion for a referral to the Copyright Office. For the reasons that follow, that application is GRANTED; as further set forth herein. For these reasons, the parties are directed to file all of the other otherwise sealed documents on the public docket, and file the redacted versions of Exhibits 21 and 24 on the publ ic docket. Additionally, Defendants are directed to refile the brief in support of their motion, redacting the identity of Plaintiff's manufacturer on the page identified by Plaintiff at Dkt. No. 59. (Signed by Judge Gregory H. Woods on 6/10/2020) (mro)
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Filing
68
MEMORANDUM OPINION AND ORDER: re: 55 MOTION for a referral to the U.S. Copyright Office (including sealed exhibits) filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc., 54 MOTION for a referral to the U.S. Copyright Offi ce (with redacted exhibits) filed by Best Brands Sales Company, LLC, Best Brands Consumer Products, Inc. The Court will not refer any of the proposed questions to the Register of Copyrights at thistime. Right now, the record is far too undeveloped: some facts are missing, and those already presented to the Court do not adequately support Best Brands' arguments that the underlying certificates of registration at issue in this case are inaccurate. Defendants' motion for issuance of a request to the Register of Copyrights is therefore DENIED without prejudice. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 54 and 55. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/04/2020) (ama)
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Filing
34
ORDER: The Court will hold a teleconference with respect to the parties joint letter at Dkt. No. 33 on December 30, 2019 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED., ( Telephone Conference set for 12/30/2019 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/23/2019) (ama)
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