Times Three Clothier, LLC v. Destination XL Group, Inc. et al
| Times Three Clothier, LLC |
| Destination XL Group, Inc. and Exquisite Apparel Corp. |
| 1:2020cv07022 |
| August 28, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Filing 18 AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 10/20/2020 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (km) |
| Filing 17 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Destination XL Group, Inc., Exquisite Apparel Corp.. Document filed by Times Three Clothier, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lippert, Nels) |
Filing 16
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties that the time for defendants, DESTINATION XL GROUP, INC. and EXQUISITE APPAREL CORP. to appear and to answer, move, or otherwise respond to the Complaint in this action be and hereby is extended from October 6, 2020 through and including October 20, 2020 since the parties are in the final stages of settlement and require additional time to exchange final drafts of the agreement for execution. There has been one prior request for extension. Defendants' deadline to answer, move, or otherwise respond to the Complaint is October 20, 2020. The Court reminds parties filing motions to comply with 6.A. of the Court's Individual Rules. SO ORDERED. Destination XL Group, Inc. answer due 10/20/2020; Exquisite Apparel Corp. answer due 10/20/2020. (Signed by Judge John P. Cronan on 10/9/2020) (va)
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| Filing 15 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/honjohn-p-cronan. Counsel for all parties are hereby directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 10, 2020 at 11:00 a.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Initial Conference set for 11/10/2020 at 11:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 10/9/2020) (va) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Destination XL Group, Inc., Exquisite Apparel Corp...(Sofer, Joseph) |
| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Colleen McMahon is no longer assigned to the case. (laq) |
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Filing 13
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties that the time for defendants, DESTINATION XL GROUP, INC. and EXQUISITE APPAREL CORP. to appear and to answer, move, or otherwise respond to the Complaint in this action be and hereby is extended from September 22, 2020 through and including October 6, 2020 in order to provide the parties ample time to finalize a settlement agreement. There have been no prior requests for extensions. SO ORDERED. Destination XL Group, Inc. answer due 10/6/2020; Exquisite Apparel Corp. answer due 10/6/2020. (Signed by Judge Colleen McMahon on 9/21/2020) (mml)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Destination XL Group, Inc., Exquisite Apparel Corp...(Sofer, Joseph) |
| Filing 11 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Exquisite Apparel Corp...(dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Destination XL Group, Inc...(dnh) |
| Filing 8 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lippert, Nels) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Exquisite Apparel Corp., re: #1 Complaint,. Document filed by Times Three Clothier, LLC..(Lippert, Nels) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Destination XL Group, Inc., re: #1 Complaint,. Document filed by Times Three Clothier, LLC..(Lippert, Nels) |
| Filing 5 NOTICE OF APPEARANCE by Brittany Kate Lazzaro on behalf of Times Three Clothier, LLC..(Lazzaro, Brittany) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(pne) |
| Magistrate Judge Sarah L. Cave 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nels T. Lippert to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; multiple summons requests should not be filed in a single PDF; each summons request must be filed separately. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne) |
| Case Eligible for Patent Pilot Program. (pne) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Nels T. Lippert to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pne) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Destination XL Group, Inc. and Exquisite Apparel Corp., re: #1 Complaint,. Document filed by Times Three Clothier, LLC..(Lippert, Nels) Modified on 8/31/2020 (pne). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Times Three Clothier, LLC..(Lippert, Nels) |
| Filing 2 CIVIL COVER SHEET filed..(Lippert, Nels) |
| Filing 1 COMPLAINT against Destination XL Group, Inc., Exquisite Apparel Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21384059)Document filed by Times Three Clothier, LLC. (Attachments: #1 Exh A - U.S. Patent No. 8,568,195, #2 Exh B - U.S. Design Patent No. D622,477, #3 Exh C - U.S. Design Patent No. D616,627, #4 Exh D - U.S. Design Patent No. D606,285, #5 Exh E - U.S. Design Patent No. D623,377).(Lippert, Nels) |
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