Klauber Brothers, Inc. v. ASOS US, Inc. et al
| 1:2020cv03114 |
| January 7, 2021 |
| 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
81
ORDER OF DISMISSAL: The Court, having been advised at ECF No. 80 that the parties have reached a settlement in principle, hereby ORDERS that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudic e to the right to reopen the action within 45 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may b e 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 sett lement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 6.A of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain j urisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/6/2023) (tg)
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Filing
71
ORDER: IT IS HEREBY ORDERED that the parties shall appear for a video conference, via Microsoft Teams, on April 27, 2023 at 11:30 a.m., to address, among other things, the status of discovery. The parties will receive log-in credentials via email. Th e public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 143 816 143#. SO ORDERED., ( Video Telephone Conference set for 4/27/2023 at 11:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 4/14/2023) (ama)
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Filing
69
NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless an d until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all pr eviously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Within two weeks of the filing of this Order, the parties 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) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs, as further set forth herein. If this case has been settled or otherwise terminated, counsel need not submit the joint letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination is filed on the docket prior to the joint letter sub mission deadline, using the proper ECF Filing Event. See S.D.N.Y. Electronic Case Filing Rules & Instructions §§ 13.17-13.18, 13.20. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/1/2023) (vfr)
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Filing
59
ORDER re: 50 Mediation Referral Order,, 51 Order. On October 27, 2021, the Court referred this matter for mediation. (See dkt. nos. 50-51.) It is the Court's understanding that mediation has concluded. The parties shall submit a joint letter indicating how they propose to proceed no later than Tuesday March 8, 2022. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/1/2022) (kv)
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Filing
55
ORDER: granting 54 Letter Motion to Adjourn Conference. The parties' request (ECF No. 54) to adjourn the telephone conference scheduled for February 4, 2022 at 3:00 pm is GRANTED, and the telephone conference is ADJOU RNED to Tuesday, February 8, 2022 at 4:00 pm. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 54. SO ORDERED. Telephone Conference set for 2/8/2022 at 04:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 1/19/2022) (ama)
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Filing
51
ORDER: On October 19, 2021, the parties submitted a joint request that this matter be referred to Magistrate Judge Cave for mediation. On October 27, the Court issued an order generally referring this case for mediation though the District's Mediation Program. In light of the parties' specific request that Magistrate Judge Cave be assigned, and counsel's representation that Magistrate Judge Cave is available on the requested dates, the Court hereby refers this matter to Magistrate Judge Cave for mediation. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/27/2021) (jca)
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Filing
46
ORDER: Counsel for the parties shall appear by telephone for a conference on May 21, 2021 at 10:00 a.m. The dial-in information is: (877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 5/21/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 5/19/2021) (va)
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Filing
44
STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 4/6/2021) (va)
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Filing
38
ORDER: Having considered Plaintiffs letter (dkt. no. 36) and Defendants' letter (dkt. no. 37) of February 8, 2021, Plaintiff is hereby ordered to produce to Defendants copies of records sufficient to show: the royalty paid the last three time s the lace designs that are at issue in this case were licensed; and the number of times the lace designs were licensed in the last five years. If Plaintiff cannot produce these records, Plaintiff shall submit a detailed affidavit explaining why s uch records cannot be produced, including a fact-based estimate (with explanation) of what the license fee for the lace designs would have been. Plaintiff shall also produce to Defendants their 10 most recent settlement agreements relating to the acc used designs. Within two weeks of Plaintiff certifying by letter their compliance with the production of documents ordered above, Defendants shall (1) produce to Plaintiff sales information for the accused products and (2) provide available dates for a mediation or a settlement conference. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/9/2021) (ks)
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Filing
35
ORDER with respect to 32 Letter Motion for Discovery. Plaintiff shall inform the Court by letter no later than February 8, 2021 if there is any reason it should not produce the documents reflected in numbers 1-5 in ASOS' letter dated February 3, 2021 (dkt. no. 32). SO ORDERED. (Signed by Judge Loretta A. Preska on 2/4/2021) (va)
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Filing
31
ORDER: In light of Plaintiff's non-opposition (dkt. no. 30) to Defendants' motion (dkt. no. 18), the Court's January 19, 2021 order (dkt. no. 14) is hereby vacated. Defendants shall inform the Court by letter no later than Febr uary 5, 2021 if there is any reason they should not produce the documents reflecting their purchases and sales of the garments at issue and several dates they are available for mediation. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/2/2021) (va)
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Filing
22
ORDER with respect to 18 Motion to Set Aside 14 Memo Endorsement. The Court is in receipt of Defendants' motion pursuant to Rule 60 of the Federal Rules of Civil Procedure (dkt. no. 18) seeking to set aside the Court's Januar y 19, 2021 order that directed Plaintiff to move for default judgment within 21 days (dkt. no. 14). Plaintiff shall respond to Defendants' motion no later than February 1, 2021. In the interim, the Court's January 19, 2021 order directing Plaintiff to move for default judgment within 21 days (dkt. no. 14) is hereby STAYED. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/27/2021) (va)
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Filing
12
ORDER. Counsel for plaintiff shall inform Judge Preska by letter no later than January 15, 2021 of the status of the action/remaining claims/defendants. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/7/2021) (rjm)
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