Gold Value International Textile, Inc. v. Ross Stores, Inc. et al
| Gold Value International Textile, Inc. and Gold Value International Textile, Inc. a California Corporation, individually and doing business as Fiesta Fabric |
| Does 1 through 10, Ross Stores Inc, Myth Clothing Company, Inc. and Myth Clothing Company, Inc. individually doing business as Live 4 Truth |
| 1:2020cv03235 |
| April 24, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 43
ORDER ADJOURNING SETTLEMENT CONFERENCE: In light the Notice of Settlement filed on November 17, 2020 (doc. no 41) the Settlement Conference currently scheduled for December 16, 2020 is hereby adjourned sine die. (Signed by Magistrate Judge Katharine H. Parker on 11/18/2020) (mro)
|
|
Filing 42
ORDER OF DISCONTINUANCE: By letter dated November 17, 2020, the parties reported to the Court that they have reached a settlement in this case. (Dkt. #41). Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 11/18/2020) (rro)
|
| Filing 41 NOTICE of Settlement . Document filed by Myth Clothing Company, Inc., Ross Stores Inc..(Kakar, Sumeer) |
| Filing 40 FIRST LETTER MOTION to Compel Gold Value Int'l Textile, Inc. to Search, Produce, Answer addressed to Judge Katherine Polk Failla from Sumeer Kakar dated November 12, 2020. Document filed by Myth Clothing Company, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Kakar, Sumeer) |
| Filing 39 ANSWER to Complaint with JURY DEMAND. Document filed by Myth Clothing Company, Inc., Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Myth Clothing Company, Inc...(Nagampalli, Kalpana) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ross Stores Inc..(Nagampalli, Kalpana) |
|
Filing 36
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Wednesday, December 16, 2020 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. 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 the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than December 9, 2020 by 5:00 p.m. (Telephone Conference set for 12/16/2020 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/30/2020) (rro)
|
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 9/30/2020. (ca) |
|
Filing 35
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 33). A telephone conference will be held on Wednesday, September 30, 2020 at 2:00 p.m. in advance of a settlement conference. The parties are 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 conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. ( Telephone Conference set for 9/30/2020 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/24/2020) (mro)
|
| ***DELETED DOCUMENT. Deleted document number #35 Order. The document was incorrectly filed in this case. Deleted by Chambers due to incorrect date. Will be refiled today. (ca) |
|
Filing 34
ORDER granting #32 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The Court will issue an order referring the parties for a settlement conference under separate cover. The fact discovery deadline is hereby extended to November 25, 2020. The conference scheduled for October 20, 2020, is hereby adjourned to December 2, 2020, at 2:00 p.m. At 2:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 2:00 p.m. (Signed by Judge Katherine Polk Failla on 9/22/2020) (rro)
|
|
Filing 33
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. The parties are directed to contact the chambers of Magistrate Judge Katharine H. Parker to schedule a settlement conference as soon as possible. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/22/2020) (rro)
|
| Filing 32 CONSENT LETTER MOTION for Extension of Time to Complete Discovery and for Settlement Conference addressed to Judge Katherine Polk Failla from Scott Alan Burroughs dated September 22, 2020. Document filed by Gold Value International Textile, Inc...(Burroughs, Scott) |
| Set/Reset Deadlines: ( Fact Discovery due by 11/25/2020.), Set/Reset Hearings:( Pretrial Conference set for 12/2/2020 at 02:00 PM before Judge Katherine Polk Failla.) (rro) |
|
Filing 31
STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 8/26/2020) (rro)
|
|
Filing 30
STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 8/26/2020) (rro)
|
| Filing 29 PROPOSED PROTECTIVE ORDER. Document filed by Myth Clothing Company, Inc., Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 28 PROPOSED PROTECTIVE ORDER. Document filed by Myth Clothing Company, Inc., Ross Stores Inc..(Nagampalli, Kalpana) |
|
Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 10/14/2020. All Expert Discovery due by 11/25/2020. Deposition due by 11/25/2020. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 3-4 days. The next Pretrial Conference set for 10/20/2020 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. And as set forth herein. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/17/2020) (ama)
|
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 6/16/2020. Attorneys Laura Zaharia and Scott Burroughs representing Plaintiff present. Attorney Kalpana Nagampalli representing Defendants present. The parties shall inform the Court if they want a referral to the Magistrate Judge, the mediation unit, or want a settlement conference in front of the Court. Plaintiff shall order a copy of today's transcript in the normal course. (See transcript). (Court Reporter Kelly Surina) (tn) |
| Filing 26 LETTER addressed to Judge Katherine Polk Failla from Scott Alan Burroughs dated June 12, 2020 re: Joint Letter and Proposed Case Management Plan. Document filed by Gold Value International Textile, Inc.. (Attachments: #1 Exhibit Proposed Case Management Plan).(Burroughs, Scott) |
| Filing 25 NOTICE OF APPEARANCE by Kalpana Nagampalli on behalf of Myth Clothing Company, Inc., Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 24 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Gold Value International Textile, Inc...(Zaharia, Laura) |
|
Filing 23
SCHEDULING ORDER: The parties are hereby ORDERED to appear for a status conference in this case, to be held on June 16, 2020, at 11:00 a.m. Due to restrictions on access to the Courthouse and on Courthouse operations due to the ongoing COVID-19 pandemic, which restrictions are well-documented on the Court's website, the conference will be proceed as a video conference. The Court will provide instructions for accessing the video conference to the parties at a later date. All other participants my join the conference telephonically, by dialing (917) 933-2166 and entering the conference ID 550819006. On or before June 12, 2020, the parties shall jointly submit a letter, not to exceed five pages, providing the following information in separate paragraphs: and further set forth in this Order. (Telephone Conference set for 6/16/2020 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/3/2020) (rro)
|
| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:19-cv-09604. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sjo) |
| Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
|
Filing 21
ORDER GRANTING MOTION TO TRANSFER AND DENYING MOTION TO DISMISS AS MOOT #14 by Judge Otis D. Wright, II: The Clerk of the Court shall transfer this case to the United State District Court for the Southern District of New York, Daniel Patrick Moynihan U.S Courthouse, 500 Pearl Street, New York, New York 10007. Case electronically sent 4/23/2020. MD JS-6. Case Terminated. (lc) [Transferred from California Central on 4/24/2020.]
|
|
Filing 20
ORDER GRANTING APPLICATION of Non-Resident Attorney Sumeer Kakar to Appear Pro Hac Vice on behalf of Defendants Myth Clothing Company, Inc., Ross Stores, Inc and designating Robert R Gordon as local counsel #19 by Judge Otis D. Wright, II (lc) Modified on 3/2/2020 (lc). [Transferred from California Central on 4/24/2020.]
|
| Filing 19 APPLICATION of Non-Resident Attorney Sumeer Kakar to Appear Pro Hac Vice on behalf of Defendants Myth Clothing Company, Inc., Ross Stores, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25525413) filed by Defendants Myth Clothing Company, Inc., Ross Stores, Inc.. (Attachments: #1 certificate of good standing, #2 Proposed Order (PROPOSED) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Gordon, Ryan) [Transferred from California Central on 4/24/2020.] |
| Filing 18 The hearing on the MOTION TO DISMISS #14 , scheduled for March 2, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY [Transferred from California Central on 4/24/2020.] |
| Filing 17 REPLY Reply in Support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York #14 filed by Defendants Myth Clothing Company, Inc., Ross Stores, Inc.. (Attachments: #1 Exhibit Exhibit A)(Attorney Ryan R Gordon added to party Ross Stores, Inc.(pty:dft))(Gordon, Ryan) [Transferred from California Central on 4/24/2020.] |
| Filing 16 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York #14 filed by Plaintiff Gold Value International Textile, Inc.. (Attachments: #1 Declaration of Morris Ajnassian, #2 Exhibit 1)(Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 15 COUNSEL ARE NOTIFIED, the Motion to Dismiss #14 is CONTINUED to 3/2/2020 at 1:30 PM before Judge Otis D. Wright II, due to counsel setting the date prematurely.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY [Transferred from California Central on 4/24/2020.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York filed by Defendant Myth Clothing Company, Inc.. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion, #2 Declaration Declaration of Arun Kumar in support of Defendant's Motion to Dismiss or Transfer, #3 Declaration Declaration of Sumeer Kakar in support of Defendant's Motion to Dismiss or Transfer, #4 Exhibit Exhibit A to Declaration of Sumeer Kakar in support of Defendant's Motion to Dismiss or Transfer, #5 Exhibit Exhibit B to Declaration of Sumeer Kakar in support of Defendant's Motion to Dismiss or Transfer, #6 Proposed Order) (Attorney Ryan R Gordon added to party Myth Clothing Company, Inc.(pty:dft)) (Gordon, Ryan) [Transferred from California Central on 4/24/2020.] |
| Filing 13 Second STIPULATION for Extension of Time to File Answer to 1/31/2020 re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Gold Value International Textile, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Myth Clothing Company, Inc. answer now due 12/23/2019; Ross Stores, Inc. answer now due 12/23/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Gold Value International Textile, Inc..(Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Gold Value International Textile, Inc., upon Defendant Ross Stores, Inc. served on 11/18/2019, answer due 12/9/2019. Service of the Summons and Complaint were executed upon CT Corporation System c/o Gabriela Sanchez - Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Gold Value International Textile, Inc., upon Defendant Myth Clothing Company, Inc. served on 11/18/2019, answer due 12/9/2019. Service of the Summons and Complaint were executed upon Arun Kumar, Chief Executive Officer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
|
Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) [Transferred from California Central on 4/24/2020.]
|
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Myth Clothing Company, Inc., and Ross Stores, Inc. (jtil) [Transferred from California Central on 4/24/2020.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 4/24/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (jtil) [Transferred from California Central on 4/24/2020.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Gold Value International Textile, Inc.. (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Gold Value International Textile, Inc.. (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Gold Value International Textile, Inc.. (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Gold Value International Textile, Inc., (Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
| Filing 1 COMPLAINT Receipt No: 0973-24749935 - Fee: $400, filed by Plaintiff Gold Value International Textile, Inc.. (Attorney Scott A Burroughs added to party Gold Value International Textile, Inc.(pty:pla))(Burroughs, Scott) [Transferred from California Central on 4/24/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
