2109971 Ontario Inc. v. Samira Furniture Ltd et al
| 2109971 Ontario Inc. and 2109971 Ontario Inc. doing business as Xcella Furniture |
| Nedal Ijbara, Velvet Import Corp., Wadha Igbara, Samira Furniture Ltd, Hollywood Furniture Ltd., Refat Ijbara and Samira Furniture Ltd doing business as Samira Outlet |
| 1:2021cv04092 |
| May 6, 2021 |
| U.S. District Court for the Southern District of New York |
| Vernon S Broderick |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 28
APPLICATION FOR AN EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE REPLY TO THE AMENDED COMPLAINT granting #26 Letter Motion for Extension of Time to File Response/Reply re #26 FIRST MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint 1. Defendant's Motion hereby is GRANTED; and 2. The time within which Defendants Samira Furniture, Velvet Import, Wadha Igbara, Refat Ijbara, and Nedal Ijbara, shall answer, move or reply to the Amended Complaint extended to 7/16/2021. (As further set forth in this Order.) (Signed by Judge Vernon S. Broderick on 7/16/2021) (cf)
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| Set/Reset Deadlines: Wadha Igbara answer due 7/16/2021; Nedal Ijbara answer due 7/16/2021; Refat Ijbara answer due 7/16/2021; Samira Furniture Ltd answer due 7/16/2021; Velvet Import Corp. answer due 7/16/2021. (cf) |
| Filing 26 FIRST MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint. Document filed by Hollywood Furniture Ltd., Wadha Igbara, Nedal Ijbara, Refat Ijbara, Samira Furniture Ltd, Velvet Import Corp...(Chang, Joseph) |
| Filing 27 MEMO ENDORSEMENT on #25 denying as moot #17 Motion to Dismiss. ENDORSEMENT: I am in receipt of Defendants' letter indicating that in light of Plaintiff's amended complaint, their motion to dismiss is now moot. Defendants' motion to dismiss, (Doc. 17), is deemed moot without prejudice to filing a new motion to dismiss based on Plaintiff's amended complaint. The Clerk of Court is respectfully directed to terminate docket entry 17. (Signed by Judge Vernon S. Broderick on 6/30/2021) (rro) Modified on 7/1/2021 (rro). |
| Filing 25 FIRST LETTER addressed to Judge Vernon S. Broderick from Joseph A. Chang dated 6/29/2021 re: Judge's Order entered 6/22/2021. Document filed by Hollywood Furniture Ltd., Wadha Igbara, Nedal Ijbara, Refat Ijbara, Samira Furniture Ltd, Velvet Import Corp...(Chang, Joseph) |
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Filing 24
ORDER re: #23 Amended Complaint, filed by 2109971 Ontario Inc.. Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants current motion to dismiss in light of the facts alleged in the amended complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/21/2021) (kv)
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| Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint, against Hollywood Furniture Ltd., Wadha Igbara, Nedal Ijbara, Refat Ijbara, Samira Furniture Ltd, Velvet Import Corp. with JURY DEMAND.Document filed by 2109971 Ontario Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Brown, Michael) |
| Filing 22 SUMMONS RETURNED EXECUTED. Nedal Ijbara served on 6/10/2021, answer due 7/1/2021. Service was accepted by Nedal Ijbara, Defendant. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 21 SUMMONS RETURNED EXECUTED. Hollywood Furniture Ltd. served on 5/29/2021, answer due 6/21/2021. Service was accepted by Melissa, General Agent. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 20 SUMMONS RETURNED EXECUTED. Velvet Import Corp. served on 5/25/2021, answer due 6/15/2021. Service was accepted by Amy Lesch, Authorized Agent. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. Samira Furniture Ltd served on 5/25/2021, answer due 6/15/2021. Service was accepted by Sanchari Rumot, Manager. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
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Filing 18
ORDER with respect to #17 Motion to Dismiss. Accordingly, it is hereby: ORDERED that Plaintiff shall file any amended complaint by June 28, 2021. It is unlikely that Plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by July 7, 2021. Defendants' reply, if any, shall be served by July 21, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/9/2021) (kv)
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| Set/Reset Deadlines: Amended Pleadings due by 6/28/2021. Responses due by 7/7/2021 Replies due by 7/21/2021. (kv) |
| Filing 17 FIRST MOTION to Dismiss Plaintiff's Complaint. Document filed by Hollywood Furniture Ltd., Wadha Igbara, Nedal Ijbara, Refat Ijbara, Samira Furniture Ltd, Velvet Import Corp.. Responses due by 7/1/2021 (Attachments: #1 Supplement Memorandum of Law 12(b)(6), #2 Text of Proposed Order).(Chang, Joseph) |
| Case Eligible for Patent Pilot Program. (sj) |
| Filing 16 NOTICE OF APPEARANCE by Kenneth Scott Weitzman on behalf of 2109971 Ontario Inc...(Weitzman, Kenneth) |
| Filing 15 NOTICE OF APPEARANCE by Richard Straussman on behalf of 2109971 Ontario Inc...(Straussman, Richard) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Nedal Ijbara. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Wadha Igbara. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Refat Ijbara. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Hollywood Furniture Ltd.. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Velvet Import Corp.. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Samira Furniture Ltd. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Brown. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1338. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 35:0271. (sj) |
| Case Designated ECF. (sj) |
| 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Brown. The party information for the following party/parties has been modified: 2109971 Ontario Inc.; Samira Furniture Ltd. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Nedal Ijbara, re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Wadha Igbara, re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Refat Ijbara, re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Hollywood Furniture Ltd., re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Velvet Import Corp., re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 3 CIVIL COVER SHEET filed..(Brown, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Samira Furniture Ltd., re: #1 Complaint,. Document filed by 2109971 Ontario Inc...(Brown, Michael) |
| Filing 1 COMPLAINT against Hollywood Furniture Ltd., Wadha Igbara, Nedal Ijbara, Refat Ijbara, Samira Furniture Ltd, Velvet Import Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24505733)Document filed by 2109971 Ontario Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Brown, Michael) |
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