CV Collection, LLC v. Weworewhat LLC et al
| CV Collection, LLC a New York limited liability company doing business as The Great Eros |
| Carbon 38, Inc., Saks Fifth Avenue, Inc., Does 1-10 inclusive, Bop LLC, Onia, LLC doing business as WWW Apparel, a New York limited liability company, Weworewhat, LLC and Danielle Bernstein |
| 1:2021cv01623 |
| February 24, 2021 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Paul A Engelmayer |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.
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Filing 49
ORDER FOR ADMISSION PRO HAC VICE granting (31) Motion for Eric W. Lee to Appear Pro Hac Vice in case 1:20-cv-08623-PAE. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 4/16/2021) Filed In Associated Cases: 1:20-cv-08623-PAE, 1:21-cv-01623-PAE (cf)
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Filing 48
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 4/15/2021) (va)
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Filing 47
ORDER GRANTING MOTION TO WITHDRAW CHRISTINA N. GOODRICH AS COUNSEL FOR DEFENDANTS WEWOREWHAT, LLC, ONIA, LLC, AND DANIELLE BERNSTEIN granting #45 MOTION for Christina N. Goodrich to Withdraw as Attorney (Unopposed Motion to Withdraw Christina N. Goodrich as Counsel). The Court having considered the Unopposed Motion to Withdraw Christina N. Goodrich as counsel for Defendants WeWoreWhat, LLC, Onia, LLC, and Danielle Bernstein, finds that the Motion is hereby, GRANTED. It is therefore ORDERED that Christina N. Goodrich is withdrawn as counsel for Defendants WeWoreWhat, LLC, Onia, LLC, and Danielle Bernstein in the above-captioned matter. Attorney Christina N Goodrich terminated. (Signed by Judge Paul A. Engelmayer on 3/24/2021) (jca)
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| Filing 46 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Danielle Bernstein, Onia, LLC, Weworewhat, LLC. Related Document Number: [Dkt. No. 45]..(Kayser, Susan) |
| Filing 45 MOTION for Christina N. Goodrich to Withdraw as Attorney (Unopposed Motion to Withdraw Christina N. Goodrich as Counsel). Document filed by Danielle Bernstein, Onia, LLC, Weworewhat, LLC..(Kayser, Susan) |
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Filing 44
MEMO ENDORSEMENT: on re: (23 in 1:20-cv-08623-PAE) Letter filed by WeWoreWhat, LLC, Onia, LLC, Danielle Bernstein. ENDORSEMENT: The Court grants the parties' request for an extension of time for the defendants to answer. Their answer is due by April 30, 2021. The Court further grants the defendants' request to withdraw their motion to dismiss. The Clerk of Court is respectfully directed to terminate the motion pending at docket 17 in case 21 Civ. 1623. The deadlines set out in the civil case management plan and scheduling order, Dkt. 19, remain in place pending an application by the parties for a stay of this matter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/22/2021) Filed In Associated Cases: 1:20-cv-08623-PAE, 1:21-cv-01623-PAE (ama)
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| Set/Reset Deadlines: Danielle Bernstein answer due 4/30/2021; Bop LLC answer due 4/30/2021; Carbon 38, Inc. answer due 4/30/2021; Does answer due 4/30/2021; Onia, LLC answer due 4/30/2021; Saks Fifth Avenue, Inc. answer due 4/30/2021; Weworewhat, LLC answer due 4/30/2021. (ama) |
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Filing 43
ORDER granting #41 JOINT LETTER MOTION to Consolidate Cases 1:20-cv-08623-PAE, 1:21-cv-01623-PAE. Accordingly, the Court consolidates these actions. The Clerk of Court is respectfully directed to terminate the motion pending at docket 41 in case number 21 Civ. 1623 and to consolidate the above-captioned cases. Going forward, the parties shall file all documents in case number 20 Civ. 8623. The March 29, 2021 deadline for the parties to file a joint letter as to the proceedings in the now-consolidated cases remains in place. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/17/2021) (jca)
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Filing 42
ORDER granting #40 Letter Motion for Extension of Time to Answer re #40 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Denise L. Cote from Susan Kayser dated March 12, 2021. The Court grants the parties' request for an extension of time for Saks, Carbon 38, and Bop to answer. Those parties' answers are due by March 18, 2021. The parties have also suggested that they intend to (1) seek a stay of both related actions pending mediation; and (2) withdraw the motion to dismiss filed by defendants WeWoreWhat, Onia, and Bernstein. To ensure that these related actions proceed efficiently and on a coordinated basis, the Court directs the parties to file a joint letter, by March 29, 2021, setting forth their views as to the next steps in the cases, including whether and when they intend to seek a stay, and whether the Court should hold an initial conference in c se 21 Civ. 1623 to, inter alia, put in place a case management plan and discovery schedule. SO ORDERED. Bop LLC answer due 3/18/2021; Carbon 38, Inc. answer due 3/18/2021; Saks Fifth Avenue, Inc. answer due 3/18/2021 (Signed by Judge Paul A. Engelmayer on 3/17/2021) (jca)
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| Filing 41 JOINT LETTER MOTION to Consolidate Cases 1:20-cv-08623-PAE, 1:21-cv-01623-PAE addressed to Judge Paul A. Engelmayer from Susan M. Kayser dated March 17, 2021. Document filed by Danielle Bernstein, Onia, LLC, Weworewhat, LLC..(Kayser, Susan) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08623-PAE.. (jca) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Denise L. Cote is no longer assigned to the case. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08623-PAE. Notice of Assignment to follow. (laq) |
| Magistrate Judge Gabriel W. Gorenstein 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. (laq) |
| Filing 40 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Denise L. Cote from Susan Kayser dated March 12, 2021. Document filed by Danielle Bernstein, Onia, LLC, Weworewhat, LLC..(Kayser, Susan) |
| Filing 39 NOTICE OF APPEARANCE by James Edward Geringer on behalf of Bop LLC..(Geringer, James) |
| Filing 38 NOTICE OF APPEARANCE by Susan Marie Kayser on behalf of Danielle Bernstein, Onia, LLC, Weworewhat, LLC..(Kayser, Susan) |
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Filing 37
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. Due to the COVID-19 pandemic, the initial pretrial conference will be held telephonically. Prior to the date of the conference, counsel for all parties shall register as filing users in accordance with the Procedures for Electronic Case Filing, and as further set forth in this order. Initial Conference set for 3/19/2021 at 03:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749 Access code: 4324948 The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 2/26/2021) (jwh)
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| Filing 36 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:20-cv-10290. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. 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) |
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Filing 35
ORDER ON JOINT STIPULATION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF NEW YORK #33 by Judge R. Gary Klausner that the Court GRANTS the Parties' Stipulation and hereby transfers this Action from the U.S. District Court for the Central District of California to the U.S. District Court for the Southern District of New York. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 2/24/2021.]
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| Filing 34 REPLY Regarding NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Danielle Bernstein, Carbon 38, Inc., Onia, LLC, Saks Fifth Avenue, Inc., Weworewhat, LLC. (Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 33 Joint STIPULATION to Transfer Case to the Southern District of New York filed by Defendants Danielle Bernstein, Carbon 38, Inc., Onia, LLC, Saks Fifth Avenue, Inc., Weworewhat, LLC. (Attachments: #1 Proposed Order)(Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
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Filing 32
ORDER ON STIPULATION AND REQUEST FOR AN ORDER TO CONTINUE HEARING ON DEFENDANTS WEWOREWHAT LLC, ONIA, LLC, AND DANIELLE BERNSTEIN'S MOTION TO DISMISS, STAY, OR TRANSFER #31 by Judge R. Gary Klausner. The Court GRANTS the Parties' Stipulation and continues the hearing on Defendants' Motion from March 1, 2021, until March 8, 2021. See order for further information. (lom) [Transferred from California Central on 2/24/2021.]
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| Filing 31 Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from March 1, 2021 to March 15, 2021 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC. (Attachments: #1 Declaration of Christina Goodrich, #2 Proposed Order)(Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Plaintiff CV Collection, LLC. (Attachments: #1 Declaration)(Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 29 Corporate Disclosure Statement and NOTICE of Interested Parties filed by Defendant Bop, LLC, identifying Amazon.com, Inc.. (Cruzen, Robert) [Transferred from California Central on 2/24/2021.] |
| Filing 28 STIPULATION Extending Time to Answer the complaint as to Bop, LLC answer now due 3/11/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Bop, LLC.(Attorney Robert T Cruzen added to party Bop, LLC(pty:dft))(Cruzen, Robert) [Transferred from California Central on 2/24/2021.] |
| Filing 27 Joint STIPULATION Extending Time to Answer the complaint as to Carbon 38, Inc. answer now due 3/1/2021; Saks Fifth Avenue, Inc. answer now due 3/1/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Carbon 38, Inc.; Saks Fifth Avenue, Inc..(Attorney Christina N Goodrich added to party Carbon 38, Inc.(pty:dft), Attorney Christina N Goodrich added to party Saks Fifth Avenue, Inc.(pty:dft))(Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff CV Collection, LLC, upon Defendant Bop, LLC served on 1/19/2021, answer due 2/9/2021. Service of the Summons and Complaint were executed upon John Long, clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff CV Collection, LLC, upon Defendant Saks Fifth Avenue, Inc. served on 1/15/2021, answer due 2/5/2021. Service of the Summons and Complaint were executed upon Jim Divincenzo, clerk in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff CV Collection, LLC, upon Defendant Carbon 38, Inc. served on 1/14/2021, answer due 2/4/2021. Service of the Summons and Complaint were executed upon Amy Mclaren, managing agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 5/10/2021. Scheduling Conference set for 5/17/2021 at 9:00 am. (sw) [Transferred from California Central on 2/24/2021.]
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| Filing 22 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC. (Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 21 CERTIFICATE of Interested Parties filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC, identifying Plaintiff CV Collection, LLC d/b/a The Great Eros; Defendant WeWoreWhat, LLC; Defendant Danielle Bernstein; Defendant Onia, LLC; Defendant Saks Fifth Avenue, Inc.; Defendant BOP, LLC; Defendant Carbon 38, Inc.; Nathan Romano; Carl Cunow. (Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
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Filing 20
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Memorandum in Support of Motion #18 , for the following reasons: (1) Local Rule 7.1-1 No Certification of Interested Parties; (2) Document contains single-spaced text. LR 11-3.6 Counsel may refile not later than 4:00 pm on January 26, 2021. (jp) [Transferred from California Central on 2/24/2021.]
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| Filing 19 DECLARATION of Christina N. Goodrich In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 18 [DOCUMENT STRICKEN PER ORDER DATED ON 1/26/2021, SEE DOCKET ENTRY NO. #20 ] - MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC. (Goodrich, Christina). Modified on 1/26/2021 (jp). [Transferred from California Central on 2/24/2021.] |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Danielle Bernstein, Onia, LLC, Weworewhat, LLC. Motion set for hearing on 3/1/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order) (Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by plaintiff CV Collection, LLC. upon Danielle Bernstein waiver sent by Plaintiff on 11/11/2020, answer due 1/25/2021. Waiver of Service signed by Robert Salame. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by plaintiff CV Collection, LLC. upon Onia, LLC waiver sent by Plaintiff on 11/11/2020, answer due 1/25/2021. Waiver of Service signed by Robert Salame. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by plaintiff CV Collection, LLC. upon Weworewhat, LLC waiver sent by Plaintiff on 11/11/2020, answer due 1/25/2021. Waiver of Service signed by Robert Salame. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
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Filing 13
(IN CHAMBERS) NOTICE TO PLAINTIFF AND ORDER by Judge R. Gary Klausner. The Court has reviewed the Stipulation for Extension of Time to Answer the Complaint #12 filed on January 11, 2021 as to defendants Danielle Bernstein, Onia, LLC and Weworewhat, LLC. Counsel for plaintiff(s) shall immediately file proofs of service of the summons and complaint. Proof of service must be filed within 5 days of service. See Standing Order #11 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from California Central on 2/24/2021.]
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| Filing 12 Joint STIPULATION Extending Time to Answer the complaint as to Danielle Bernstein answer now due 1/25/2021; Onia, LLC answer now due 1/25/2021; Weworewhat, LLC answer now due 1/25/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Danielle Bernstein; Onia, LLC; Weworewhat, LLC.(Attorney Christina N Goodrich added to party Danielle Bernstein(pty:dft), Attorney Christina N Goodrich added to party Onia, LLC(pty:dft), Attorney Christina N Goodrich added to party Weworewhat, LLC (pty:dft))(Goodrich, Christina) [Transferred from California Central on 2/24/2021.] |
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Filing 11
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre) [Transferred from California Central on 2/24/2021.]
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge R. Gary Klausner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-10290-RGK (ASx). (aco) [Transferred from California Central on 2/24/2021.]
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Danielle Bernstein, Bop, LLC, Carbon 38, Inc., Onia, LLC, Saks Fifth Avenue, Inc., Weworewhat, LLC. (lh) [Transferred from California Central on 2/24/2021.] |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 2/24/2021.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Alka Sagar. (lh) [Transferred from California Central on 2/24/2021.] |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff CV Collection, LLC. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff CV Collection, LLC, (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by CV Collection, LLC. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by CV Collection, LLC. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff CV Collection, LLC. (Erikson, David) [Transferred from California Central on 2/24/2021.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-28946906 - Fee: $400, filed by plaintiff CV Collection, LLC. (Attorney David A Erikson added to party CV Collection, LLC(pty:pla))(Erikson, David) [Transferred from California Central on 2/24/2021.] |
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