Resurrect By Night LLC v. Philipp Plein Americas, Inc. et al
| Resurrect By Night LLC |
| Philipp Plein Americas, Inc., PP Retail USA, LLC and Philipp Plein International AG |
| 1:2021cv04948 |
| June 4, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/26/2021) (tg)
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| Filing 32 LETTER MOTION for Extension of Time to File Default Judgment as to all Defendants addressed to Judge Vernon S. Broderick from Christopher M. Van de Kieft dated October 25, 2021. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) |
| Filing 31 CLERK'S CERTIFICATE OF DEFAULT as to Philipp Plein Americas, Inc.(km) |
| Filing 30 DECLARATION of Moshe Horn in Support re: #29 Proposed Clerk's Certificate of Default. Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Affidavit of Service filed).(Horn, Moshe) |
| Filing 29 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Resurrect By Night LLC..(Horn, Moshe) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/25/2021 (km). |
| Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to P.P. Retail USA, LLC.(km) |
| Filing 27 DECLARATION of Moshe Horn in Support re: #26 Proposed Clerk's Certificate of Default. Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Affidavit of Service).(Horn, Moshe) |
| Filing 26 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Resurrect By Night LLC..(Horn, Moshe) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/22/2021 (km). |
| Filing 25 CLERK'S CERTIFICATE OF DEFAULT as to Defendant Philipp Plein International AG, issued October 21, 2021.(dt) |
| Filing 24 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/21/2021 (dt). |
| Filing 23 DECLARATION of Moshe Horn in Support re: #22 Proposed Clerk's Certificate of Default. Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Affidavit of Service).(Gitlin, Bruce) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Resurrect By Night LLC..(Gitlin, Bruce) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/21/2021 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Moshe Horn regarding Document #19 MOTION for Entry of Default as to Philipp Plein International AG ., #18 MOTION for Entry of Default as to PP Retail USA, LLC ., #17 MOTION for Entry of Default as to Philipp Plein Americas, Inc. .. Please refer to ECF Rule 16.1. Each clerk's certificate needs to be filed as a separate entry, filed under proposed orders, proposed clerk's certificate of default. The declaration is filed separately as well under other answers, declaration in support of a non-motion. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Gitlin, Bruce. RE-FILE Document No. #22 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong name of the person that was personally served. (Name of Person); Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (dt) |
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Filing 21
ORDER granting #20 Letter Motion for Discovery. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/16/2021) (rro)
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| Filing 20 LETTER MOTION for Discovery of Third-Parties Prior to FRCP Rule 26 conference addressed to Judge Vernon S. Broderick from Christopher M. Van de Kieft dated September 15, 2021. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to Philipp Plein International AG . Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Affidavit of Service Filed, #3 Exhibit Proposed Clerk's Certificate of Default).(Horn, Moshe) Modified on 10/21/2021 (km). |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to PP Retail USA, LLC . Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Affidavit of Service filed, #3 Exhibit Proposed Clerk's Certificate of Default).(Horn, Moshe) Modified on 10/21/2021 (km). |
| Filing 17 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to Philipp Plein Americas, Inc. . Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Affidavit of Service filed, #3 Exhibit Proposed Clerk's Certificate of Default).(Horn, Moshe) Modified on 10/21/2021 (km). |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Resurrect By Night LLC..(Horn, Moshe) |
| Filing 15 CERTIFICATE OF SERVICE of Summons and Complaint,. Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Documents Served on Defendant - 1, #2 Exhibit Documents Served on Defendant - 2).(Horn, Moshe) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Resurrect By Night LLC..(Horn, Moshe) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/2/2021) (rro)
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| Filing 12 LETTER MOTION for Extension of Time to File Default Judgment Against PP Retail USA, LLC addressed to Judge Vernon S. Broderick from Christopher M. Van de Kieft dated July 30, 2021. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) |
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Filing 11
ORDER re: #10 Affidavit of Service Complaints filed by Resurrect By Night LLC. To date, Defendants have not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment, it is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than August 7, 2021. If Plaintiff fails to do so or otherwise demonstrates that it does not intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/23/2021) (kv) Modified on 7/26/2021 (kv).
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. PP Retail USA, LLC served on 6/16/2021, answer due 7/7/2021. Service was accepted by Makeda Deccu. Service was made by Mail. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) |
| Filing 9 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. (vf) |
| Filing 8 CIVIL COVER SHEET filed..(Van de Kieft, Christopher) |
| Filing 7 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Van de Kieft, Christopher) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to PP Retail USA, LLC, Philipp Plein Americas, Inc., Philipp Plein International AG. (vf) |
| 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christopher Matthew Van de Kieft to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Christopher Matthew Van de Kieft re: Document No. #7 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 121 Copyright form was not completed by the attorney; the Date Filed field is incorrect. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
| Magistrate Judge Ona T. Wang 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. (vf) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Christopher Matthew Van de Kieft to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Resurrect By Night LLC..(Horn, Moshe) |
| Filing 4 NOTICE OF APPEARANCE by Moshe H. Horn on behalf of Resurrect By Night LLC..(Horn, Moshe) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Philipp Plein Americas, Inc., PP Retail USA, LLC and Philipp Plein International AG, re: #1 Complaint,. Document filed by Resurrect By Night LLC..(Van de Kieft, Christopher) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Van de Kieft, Christopher) Modified on 6/7/2021 (vf). |
| Filing 1 COMPLAINT against PP Retail USA, LLC, Philipp Plein Americas, Inc., Philipp Plein International AG. (Filing Fee $ 402.00, Receipt Number ANYSDC-24629470)Document filed by Resurrect By Night LLC. (Attachments: #1 Exhibit Copyrighted Designs and Infringing Products, #2 Exhibit Copyright Registration, Design 1, #3 Exhibit Copyright Registration, Design 2, #4 Exhibit AO 121 Form).(Van de Kieft, Christopher) |
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