Klauber Brothers, Inc. v. QVC, Inc. et al
Plaintiff: Klauber Brothers, Inc.
Defendant: QVC, Inc., EL-LA Design, Inc., Does 1 through 10, Xcel Brands, Inc., Qurate Retail Group, Inc., Xcel Brands and Lai Apparel Design, Inc.
Case Number: 1:2019cv09321
Filed: October 8, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Deborah A Batts
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2019 Filing 26 FIRST AMENDED COMPLAINT amending #1 Complaint against Does 1 through 10, Lai Apparel Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands with JURY DEMAND.Document filed by Klauber Brothers, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Errata G)(Burroughs, Scott)
December 5, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott Alan Burroughs to RE-FILE re: Document No. #25 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party XCEL Brands with party text 'a Delaware corporation'; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint 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)
December 4, 2019 Filing 25 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against Does 1 through 10, QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc., Lai Apparel Design, Inc. with JURY DEMAND.Document filed by Klauber Brothers, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Burroughs, Scott) Modified on 12/5/2019 (jgo).
December 4, 2019 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Qurate Retail, Inc. for QVC, Inc.. Document filed by QVC, Inc..(Pecsenye, Timothy)
December 3, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Timothy D. Pecsenye to RE-FILE Document #23 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
November 20, 2019 Filing 23 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EL-LA Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc..(Pecsenye, Timothy) Modified on 12/3/2019 (ldi).
November 20, 2019 Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the Complaint. . Document filed by EL-LA Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc.. (Pecsenye, Timothy)
November 20, 2019 Filing 21 MOTION to Dismiss the Complaint. Document filed by EL-LA Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc..(Pecsenye, Timothy)
November 20, 2019 Filing 20 NOTICE OF APPEARANCE by Craig Matthew Flanders on behalf of EL-LA Design, Inc.. (Flanders, Craig)
November 20, 2019 Filing 19 NOTICE OF APPEARANCE by Timothy D. Pecsenye on behalf of EL-LA Design, Inc.. (Pecsenye, Timothy)
November 19, 2019 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Timothy D. Pecsenye to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 11/14/2019) (va)
November 19, 2019 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Blake D. Fink to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 11/14/2019) (va)
November 15, 2019 Filing 16 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Klauber Brothers, Inc.. (Zaharia, Laura)
November 12, 2019 Filing 15 MOTION for Timothy D. Pecsenye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18037803. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by QVC, Inc., Xcel Brands, Inc..(Pecsenye, Timothy)
November 12, 2019 Filing 14 MOTION for Blake D. Fink to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18037661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by QVC, Inc., Xcel Brands, Inc..(Pecsenye, Timothy)
November 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Blake D. Fink to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18037661. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Timothy D. Pecsenye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18037803. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 5, 2019 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer re #1 Complaint. GRANTED. SO ORDERED. (QVC, Inc. answer due 11/20/2019; Xcel Brands, Inc. answer due 11/20/2019.) (Signed by Judge Deborah A. Batts on 11/5/2019) (rro)
November 5, 2019 Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Deborah A. Batts from Craig M. Flanders dated 11/05/2019. Document filed by QVC, Inc., Xcel Brands, Inc..(Flanders, Craig)
November 5, 2019 Filing 11 NOTICE OF APPEARANCE by Craig Matthew Flanders on behalf of QVC, Inc., Xcel Brands, Inc.. (Flanders, Craig)
October 16, 2019 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. EL-LA Design, Inc. served on 10/15/2019, answer due 11/5/2019. Service was accepted by Jane Peng, Authorized Representative. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
October 16, 2019 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Qurate Retail Group, Inc. served on 10/15/2019, answer due 11/5/2019. Service was accepted by Corporation Service Company as Registered Agent c/o Lyanne Gares. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
October 16, 2019 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. QVC, Inc. served on 10/15/2019, answer due 11/5/2019. Service was accepted by Corporation Service Company as Registered Agent c/o Lyanne Gares. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
October 10, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to Does 1 through 10, EL-LA Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc.. (dnh)
October 9, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to QVC, Inc.; Qurate Retail Group, Inc.; Xcel Brands, Inc.; EL-LA Design, Inc., Does 1 through 10, re: #1 Complaint. Document filed by Klauber Brothers, Inc.. (Burroughs, Scott)
October 9, 2019 Filing 5 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. (dnh)
October 9, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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. (dnh)
October 9, 2019 Magistrate Judge Sarah Netburn 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. (dnh)
October 9, 2019 Case Designated ECF. (dnh)
October 8, 2019 Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Burroughs, Scott)
October 8, 2019 Filing 3 CIVIL COVER SHEET filed. (Burroughs, Scott)
October 8, 2019 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Klauber Brothers, Inc..(Burroughs, Scott)
October 8, 2019 Filing 1 COMPLAINT against Does 1 through 10, EL-LA Design, Inc., QVC, Inc., Qurate Retail Group, Inc., Xcel Brands, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17740918)Document filed by Klauber Brothers, Inc..(Burroughs, Scott)

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Defendant: QVC, Inc.
Represented By: Timothy D. Pecsenye
Represented By: Craig Matthew Flanders
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Defendant: EL-LA Design, Inc.
Represented By: Timothy D. Pecsenye
Represented By: Craig Matthew Flanders
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Defendant: Does 1 through 10
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Defendant: Xcel Brands, Inc.
Represented By: Timothy D. Pecsenye
Represented By: Craig Matthew Flanders
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Defendant: Qurate Retail Group, Inc.
Represented By: Timothy D. Pecsenye
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Defendant: Xcel Brands
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Defendant: Lai Apparel Design, Inc.
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Plaintiff: Klauber Brothers, Inc.
Represented By: Scott Alan Burroughs
Represented By: Laura Maria Zaharia
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