GMA Accessories, Inc. v. HMY Jewelry, Inc.
Plaintiff: GMA Accessories, Inc.
Defendant: HMY Jewelry, Inc.
Case Number: 1:2020cv11126
Filed: December 31, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 501
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by GMA Accessories, Inc...(Bostany, John)
February 25, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samantha Brooke Welborne re: Document No. #32 Second Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
February 24, 2021 Filing 32 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - SECOND AMENDED COMPLAINT amending #7 Amended Complaint, against HMY Jewelry, Inc. with JURY DEMAND.Document filed by GMA Accessories, Inc.. Related document: #7 Amended Complaint,. (Attachments: #1 Exhibit 1 Cease and Desist 12.1.20, #2 Exhibit 2 GMA and HMY Trade Dress side by side, #3 Exhibit 3 Shark Boys, #4 Exhibit 4 Unicorn Floral, #5 Exhibit 5 Tie Dye, #6 Exhibit 6 Ombre Stars, #7 Exhibit 7 Ivory Floral, #8 Exhibit 8 Blush Stars).(Welborne, Samantha) Modified on 2/25/2021 (jgo).
February 11, 2021 Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/2/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
February 11, 2021 Filing 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/2/2021 before Judge John P. Cronan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/12/2021..(McGuirk, Kelly)
February 10, 2021 Filing 29 ANSWER to #7 Amended Complaint, with JURY DEMAND. Document filed by HMY Jewelry, Inc...(Ewing, Bruce)
February 10, 2021 Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HMY Jewelry, Inc...(Ewing, Bruce)
February 4, 2021 Opinion or Order Filing 27 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER. 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). Fact Discovery due by 6/1/2021. Depositions shall be completed by May 14, 2021. All expert discovery, including expert depositions, shall be completed no later than 9/2/2021. All Discovery due by 9/2/2021. Ready for Trial by 10/18/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days, and as previously and further set forth in this Civil Case Management Plan and Scheduling Order. The parties shall submit a joint status letter by September 9, 2021. So ordered. (Signed by Judge John P. Cronan on 2/4/2021) (rjm)
February 4, 2021 Opinion or Order Filing 26 ORDER: terminating #14 Letter Motion for Local Rule 37.2 Conference; terminating #18 Letter Motion for Extension of Time to Answer. On February 2, 2021, the Court held a conference pursuant to Local Rule 37.2 to discuss Plaintiff's request for expedited discovery. (See Dkt. 14.) During that conference, the Court ordered Defendant to produce certain sales information by February 9, 2021, and ordered the parties to produce their initial disclosures by February 17, 2021. The Court also adopted the parties' proposed Case Management Plan. (Dkt. 23.) In light of this, it is hereby ORDERED that the Initial Pretrial Conference scheduled for March 23, 2021 is ADJOURNED sine die. The Clerk of the Court is respectfully directed to terminate the motions pending at docket numbers 14 and 18. SO ORDERED. (Signed by Judge John P. Cronan on 2/04/2021) (ama)
February 4, 2021 Opinion or Order Filing 25 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge John P. Cronan on 2/4/2021) (rjm)
February 3, 2021 Filing 24 PROPOSED PROTECTIVE ORDER. Document filed by HMY Jewelry, Inc...(Ewing, Bruce)
February 2, 2021 Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on February 2, 2021. As set forth in a separately docketed order, the Court ordered Defendant to produce limited expedited discovery by February 9, 2021 and the parties to produce initial disclosures by February 17, 2021.(Court Reporter Vincent Bologna) (mhe)
February 1, 2021 Filing 23 LETTER RESPONSE in Support of Motion addressed to Judge John P. Cronan from John P. Bostany dated February 1, 2021 re: #14 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Samantha B. Welborne dated January 21, 2021. . Document filed by GMA Accessories, Inc.. (Attachments: #1 Text of Proposed Order Case Management Plan Proposed).(Bostany, John)
February 1, 2021 Filing 22 DECLARATION of Madison Henry in Support re: #14 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Samantha B. Welborne dated January 21, 2021.. Document filed by GMA Accessories, Inc.. (Attachments: #1 Exhibit 3 new products discovery (trade dress), #2 Exhibit 4 new GMA prints being copied, #3 Exhibit 5 purchase receipt 1.11.21).(Bostany, John)
January 29, 2021 Opinion or Order Filing 21 MEMO ENDORSEMENT on re: #19 Response to Motion, filed by GMA Accessories, Inc., HMY Jewelry, Inc. answer due 2/10/2021. ENDORSEMENT: It is hereby ORDERED that Defendant's request for a two-week extension, until February 10, 2021, to answer the Complaint is GRANTED. It is further ORDERED that the parties shall appear for a telephone conference in this matter on February 2, 2021 at 3:00 p.m. The Court will consider Plaintiff's request for expedited discovery and Defendant's request for an extension of time to exchange initial disclosures at that conference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 2/2/2021 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/27/2021) (kv)
January 29, 2021 Filing 20 LETTER addressed to Judge John P. Cronan from Bruce R. Ewing dated January 29, 2021 re: opposition to letter motion, Dkt. 14. Document filed by HMY Jewelry, Inc...(Ewing, Bruce)
January 27, 2021 Filing 19 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Samantha B. Welborne dated January 27, 2021 re: #18 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Bruce R. Ewing dated January 26, 2021. . Document filed by GMA Accessories, Inc.. (Attachments: #1 Exhibit H emails).(Welborne, Samantha)
January 26, 2021 Filing 18 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Bruce R. Ewing dated January 26, 2021. Document filed by HMY Jewelry, Inc...(Ewing, Bruce)
January 23, 2021 Filing 17 CERTIFICATE OF SERVICE of Memo Endorsed Order dated January 22, 2021 served on HMY Jewelry, Inc. on January 22, 2021. Service was accepted by Bruce R. Ewing. Document filed by GMA Accessories, Inc...(Bostany, John)
January 22, 2021 Opinion or Order Filing 16 ORDER with respect to #14 Letter Motion for Local Rule 37.2 Conference: It is hereby ORDERED that Defendant shall respond to Plaintiff's letter motion by January 29, 2021, and that Plaintiff shall serve a copy of this Order on Defendant within one business day. (Signed by Judge John P. Cronan on 1/22/2021) (jwh)
January 22, 2021 Filing 15 NOTICE OF APPEARANCE by Bruce Roy Millar Ewing on behalf of HMY Jewelry, Inc...(Ewing, Bruce)
January 22, 2021 Set/Reset Deadlines as to #14 LETTER MOTION for Local Rule 37.2 Conference: Responses due by 1/29/2021 (jwh)
January 21, 2021 Filing 14 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Samantha B. Welborne dated January 21, 2021. Document filed by GMA Accessories, Inc.. (Attachments: #1 Exhibit A Cease and Desist 12.1.20, #2 Exhibit B Letter to Defense Counsel 1.6.21, #3 Exhibit C Email confirming 26(f) conference 1.7.21, #4 Exhibit D Email cancelling conference 1.7.21, #5 Exhibit E Copyrights, #6 Exhibit F Defendant packaging, #7 Exhibit G Request for Documents, #8 Affidavit of Service).(Welborne, Samantha)
January 7, 2021 Filing 13 CERTIFICATE OF SERVICE of additional copy of Summons/Amended Complaint as well as the January 5, 2021 Order served on HMY Jewelry, Inc. on January 6, 2021. Service was accepted by counsel for Defendant. Document filed by GMA Accessories, Inc...(Welborne, Samantha)
January 6, 2021 Filing 12 NOTICE OF APPEARANCE by Samantha Brooke Welborne on behalf of GMA Accessories, Inc...(Welborne, Samantha)
January 6, 2021 Filing 11 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. HMY Jewelry, Inc. served on 1/6/2021, answer due 1/27/2021. Service was accepted by Sani. Manager. Document filed by GMA Accessories, Inc...(Welborne, Samantha)
January 5, 2021 Filing 10 ELECTRONIC SUMMONS ISSUED as to HMY Jewelry, Inc.. (sj)
January 5, 2021 Opinion or Order Filing 9 NOTICE OF ASSIGNMENT: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on March 23, 2021 at 11 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel, and as further set forth in this Order. So ordered. (Initial Conference set for 3/23/2021 at 11:00 AM before Judge John P. Cronan). (Signed by Judge John P. Cronan on 1/5/2021) (rjm)
January 4, 2021 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to HMY Jewelry, Inc., re: #7 Amended Complaint,. Document filed by GMA Accessories, Inc...(Bostany, John)
January 4, 2021 Filing 7 AMENDED COMPLAINT amending #1 Complaint against HMY Jewelry, Inc. with JURY DEMAND.Document filed by GMA Accessories, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 - Cease Desist and Copyrights, #2 Exhibit 2 - Trade Dress).(Bostany, John)
January 4, 2021 Filing 6 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)
January 4, 2021 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. (dnh)
January 4, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(dnh)
January 4, 2021 Case Designated ECF. (dnh)
January 2, 2021 Filing 5 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Bostany, John)
January 2, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GMA Accessories, Inc...(Bostany, John)
January 2, 2021 Filing 3 FILING ERROR - DUPLICATE DOCKET ENTRY -CIVIL COVER SHEET filed..(Bostany, John) Modified on 1/4/2021 (dnh).
January 1, 2021 Filing 2 CIVIL COVER SHEET filed..(Bostany, John)
December 31, 2020 Filing 1 COMPLAINT against HMY Jewelry, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23299780)Document filed by GMA Accessories, Inc.. (Attachments: #1 Exhibit 1 - cease and desist and copyrights, #2 Exhibit 2- trade dress).(Bostany, John)

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Defendant: HMY Jewelry, Inc.
Represented By: Bruce Roy Millar Ewing
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Plaintiff: GMA Accessories, Inc.
Represented By: John Peter Bostany
Represented By: Samantha Brooke Welborne
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