Covet & Mane, LLC v. Invisible Bead Extensions, LLC
| Covet & Mane, LLC |
| Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley and Cassadi Currier |
| 1:2021cv07740 |
| September 15, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Robert W Lehrburger |
| Trademark |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 289
OPINION AND ORDER for #128 Motion to Add Party(ies), Motion for Leave to File Document filed by Covet & Mane, LLC, #175 Report and Recommendations. For the reasons discussed, IBE's Objections to the Decision are overruled, and the Court adopts the report and recommendation portion of the Decision in its entirety, and thus dismisses C&M's product disparagement claim with prejudice. The Clerk of Court is respectfully directed to close Docket Number 128. SO ORDERED. (Signed by Judge John P. Cronan on 9/18/2023) (tg)
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Filing 288
LETTER MOTION for Discovery Opposition to Motion to Quash Subpoena addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated September 14, 2023. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena Duces Tecum Ad Testificandum to Robert Spendlove, #2 Exhibit Schedule A to Subpoena - Topics for Testimony, #3 Exhibit Schedule B to Subpoena - Documents Requested).(Horgan, Laura-Michelle)
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Filing 287
AFFIDAVIT OF SERVICE of Subpoena Duces Tecum Ad Testificandum served on Everything Hand Tied LLC on September 8, 2023. Service was accepted by Rachel Nixon. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 286
AFFIDAVIT OF SERVICE of Subpoena Duces Tecum Ad Testificandum served on Rachel Nixon on September 8, 2023. Service was accepted by Rachel Nixon. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 285
ORDER granting #284 Letter Motion for Extension of Time. The request is granted. The deadline for Plaintiff to oppose Currier's motion to dismiss is adjourned to September 20, 2023. The deadline for Currier to reply is adjourned to September 29, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 9/12/2023) (jca)
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Set/Reset Deadlines: Responses due by 9/20/2023 Replies due by 9/29/2023. (jca)
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Filing 284
MOTION for Extension of Time . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 283
NOTICE Subpoena Duces Tecum as to Everything Hand Tied LLC document(s): Schedule B on October 2, 2023 at 10:00am (PT).Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Schedule A to Subpoena, #3 Exhibit Exhibit 1 - Second Amended Complaint (Part 1), #4 Exhibit Exhibit 2 - Second Amended Complaint (Part 2), #5 Exhibit Schedule B to Subpoena).(Horgan, Laura-Michelle)
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Filing 282
SUBPOENA ISSUED for Everything Hand Tied LLC on October 2, 2023 at 10:00am (PT).Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Schedule A, #2 Exhibit 1 - Second Amended Complaint (Part 1), #3 Exhibit 2 - Second Amended Complaint (Part 2), #4 Exhibit Schedule B).(Horgan, Laura-Michelle)
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Filing 281
NOTICE Subpoena Duces Tecum as to Rachel Nixon document(s): Schedule B on October 2, 2023 at 2:00pm (PT).Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena, #2 Exhibit 1 - Second Amended Complaint (Part 1), #3 Exhibit 2 - Second Amended Complaint (Part 2), #4 Exhibit Schedule B).(Horgan, Laura-Michelle)
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Filing 280
NOTICE Subpoena Duces Tecum as to Rachel Nixon document(s): Schedule B on October 2, 2023 at 10:00am (PT).Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Schedule A to Subpoena, #3 Exhibit Exhibit 1 - Second Amended Complaint (Part 1), #4 Exhibit Exhibit 2 - Second Amended Complaint, #5 Exhibit Schedule B to Subpoena).(Horgan, Laura-Michelle)
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Filing 279
SUBPOENA ISSUED for Rachel Nixon on October 2, 2023 at 10:00am (PT).Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Schedule A to Subpoena, #2 Exhibit Exhibit 1 - Second Amended Complaint (Part 1), #3 Exhibit Exhibit 2 - Second Amended Complaint (Part 2), #4 Exhibit Schedule B).(Horgan, Laura-Michelle)
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Filing 278
ORDER granting #276 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/6/2023) (mml)
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Filing 277
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated September 6, 2023 re: Plaintiff's Request for an Extension of Time to Respond to Defendants and Trial Counsel's Pre-Motion Letter. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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Filing 276
LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated September 6, 2023. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 275
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated September 6, 2023 re: Plaintiff's Subpoena Directed to Defendants' Trial Counsel. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(MacMull, Joel)
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Set/Reset Deadlines: Responses due by 9/14/2023. (mml)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Moish Eli Peltz to RE-FILE Document #266 MOTION to Dismiss the Second Amended Complaint. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db)
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Filing 274
SUBPOENA ISSUED for Habit Salon Education LLC on September 19, 2023 at 10:00 (PT).Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 273
AFFIDAVIT OF SERVICE of Corrected Subpoena to Testify at a Deposition served on Robert Spendlove, Esq. on Effective August 23, 2023. Service was accepted by Joel MacMull, Esq,. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 272
NOTICE Subpoena Duces Tecum as to Habit Salon Education LLC document(s): See Schedule B of Subpoena on September 19, 2023 at 10:00am (PT).Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 271
NOTICE OF APPEARANCE by Thomas Dunlap on behalf of Covet & Mane, LLC..(Dunlap, Thomas)
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Filing 270
ORDER granting #262 Motion for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 269
ORDER granting #256 Motion for William Flaschsbart, Esq. to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 268
NOTICE Subpoena Duces Tecum as to Robert Spendlove document(s): See Schedule A of Subpoena on October 11, 2023 at 10:00am (MST).Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 267
SUBPOENA ISSUED for Robert Spendlove on October 11, 2023 at 10:00am (MST).Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 266
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss the Second Amended Complaint. Document filed by Cassadi Currier. Responses due by 9/12/2023 (Attachments: #1 Supplement Defendant Cassadi Curriers Memorandum Of Law In Support of Her Motion To Dismiss The Second Amended Complaint Pursuant To Federal Rules Of Civil Procedure 12(B)(2) And 12(B)(6)).(Peltz, Moish) Modified on 8/31/2023 (db).
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Filing 265
ORDER granting #264 Letter Motion for Extension of Time. The request is granted. The deadline for Plaintiff to oppose Currier's motion to dismiss is adjourned to September 12, 2023. The deadline for Currier to reply is adjourned to September 19, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 8/14/2023) (jca)
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Set/Reset Deadlines: Responses due by 9/12/2023 Replies due by 9/19/2023. (jca)
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Filing 264
LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Laura-Michelle Horgan, Esq. dated August 11, 2023. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Pro Hac Vice Fee Paid electronically via Pay.gov: for #256 MOTION for William Flaschsbart, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. (va)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #262 MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28130759. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 263
STIPULATION AND ORDER OF WITHDRAWAL AND DISPLACEMENT OF COUNSEL PURSUANT TO LOCAL CIVIL RULE 1.4: IT IS HEREBY STIPULATED AND AGREED amongst Covet & Mane, LLC ("Plaintiff" or "Covet & Mane") and its present counsel that: In light of the foregoing, the parties below agree that Mr. Ross and Barton LLP withdraw as counsel for Covet & Mane in this case and Ms. Horgan shall replace Mr. Ross as lead counsel. SO ORDERED. Attorney Maurice Newmark Ross terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 8/10/2023) (ate)
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Filing 262
MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28130759. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit in Support of PHV Motion, #2 Exhibit Certificate of Good Standing - DC, #3 Exhibit Certificate of Good Standing - MD, #4 Exhibit Certificate of Good Standing VA, #5 Proposed Order Admitting Thomas Dunlap PHV).(Horgan, Laura-Michelle)
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Filing 261
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Pro Hac Vice Fee Payment: for #256 MOTION for William Flaschsbart, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-28130818..(Horgan, Laura-Michelle)
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Filing 260
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit In Support of PHV Motion, #2 Exhibit Certificate of Good Standing - DC, #3 Exhibit Certificate of Good Standing - Virgina, #4 Exhibit Certificate of Good Standing MD, #5 Proposed Order to Admit Thomas Dunlap PHV).(Horgan, Laura-Michelle) Modified on 8/7/2023 (va).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #260 MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the motion was not signed. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va)
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Filing 259
NOTICE OF APPEARANCE by William W Flachsbart on behalf of Covet & Mane, LLC..(Flachsbart, William)
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Filing 258
ORDER FOR ADMISSION PRO HAC VICE OF WILLIAM FLACHSBART granting #256 Motion for William Flachsbart to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 8/2/2023) (mml)
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Filing 257
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit Affidavit in Support of Admission Pro Hac Vice of Thomas Dunlap, #2 Exhibit Certificate of Good Standing - Maryland, #3 Exhibit Certificate of Good Standing - Virgina, #4 Exhibit Certificate of Good Standing - D.C., #5 Proposed Order For Admission of Thomas Dunlap to Appear Pro Hac Vice).(Horgan, Laura-Michelle) Modified on 8/1/2023 (va).
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Filing 256
MOTION for William Flaschsbart, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit Affidavit in Support of Admission Pro Hac Vice of William Laschsbart, #2 Exhibit Certificate of Good Standing, #3 Proposed Order For Pro Hac Admission of William Flaschsbart).(Horgan, Laura-Michelle) Modified on 8/1/2023 (va).
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Filing 255
ORDER granting #249 Letter Motion for Leave to File Document. Upon reviewing the parties' letters, the Court finds that Currier may proceed in filing her motion to dismiss. Currier's motion papers are due by August 15, 2023. Plaintiff's opposition papers are due by August 29, 2023. Currier's reply papers, if any, are due September 5, 2023. The Clerk of Court is respectfully directed to close Docket Number 249. SO ORDERED.. (Signed by Judge John P. Cronan on 8/1/2023) (jca)
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Set/Reset Deadlines: Motions due by 8/15/2023. Responses due by 8/29/2023 Replies due by 9/5/2023. (jca)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #257 MOTION for Thomas Mansfield Dunlap, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion was not adequately signed; WET signature required. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #256 MOTION for William Flaschsbart, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 254
LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Laura-Michelle Horgan, Esq. dated July 31, 2023 re: #249 LETTER MOTION for Leave to File Motion to Dismiss the Second Amended Complaint as to Cassadi Currier addressed to Judge John P. Cronan from Moish Peltz dated July 21, 2023. . Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Screenshot of Website, #2 Exhibit 2 - Screenshot of Website).(Horgan, Laura-Michelle)
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Filing 253
LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Laura-Michelle Horgan, Esq. dated July 31, 2023 re: #249 LETTER MOTION for Leave to File Motion to Dismiss the Second Amended Complaint as to Cassadi Currier addressed to Judge John P. Cronan from Moish Peltz dated July 21, 2023. . Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Screenshot of Website).(Horgan, Laura-Michelle)
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Filing 252
STATUS REPORT. Joint Status Report Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 251
NOTICE OF APPEARANCE by Jessica Moore on behalf of Cassadi Currier..(Moore, Jessica)
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Filing 250
MEMO ENDORSEMENT on re: #249 LETTER MOTION for Leave to File Motion to Dismiss the Second Amended Complaint as to Cassadi Currier addressed to Judge John P. Cronan from Moish Peltz dated July 21, 2023. filed by Cassadi Currier. ENDORSEMENT: Plaintiff shall respond to the arguments in Defendant's letter by July 31, 2023. ( Responses due by 7/31/2023) (Signed by Judge John P. Cronan on 7/24/2023) (ate)
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Filing 249
LETTER MOTION for Leave to File Motion to Dismiss the Second Amended Complaint as to Cassadi Currier addressed to Judge John P. Cronan from Moish Peltz dated July 21, 2023. Document filed by Cassadi Currier..(Peltz, Moish)
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Filing 248
ORDER granting #247 LETTER MOTION for Extension of Time to File Answer re: #179 Amended Complaint, addressed to Magistrate Judge Robert W. Lehrburger from Moish Peltz dated July 10, 2023. Granted. SO ORDERED. Cassadi Currier answer due 7/21/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 7/10/2023) (mml)
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Filing 247
LETTER MOTION for Extension of Time to File Answer re: #179 Amended Complaint, addressed to Magistrate Judge Robert W. Lehrburger from Moish Peltz dated July 10, 2023. Document filed by Cassadi Currier..(Peltz, Moish)
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Filing 246
NOTICE OF APPEARANCE by Moish Eli Peltz on behalf of Cassadi Currier..(Peltz, Moish)
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Filing 245
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated July 7, 2023 re: Deposition Transcript of Marc R. Randazza, Esq.. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Deposition, #2 Exhibit 2 - Deposition, #3 Exhibit 3 - Deposition, #4 Exhibit 4 - Deposition, #5 Exhibit 5 - Deposition).(Horgan, Laura-Michelle)
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Filing 244
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated June 30, 2023 re: Corrected Letter. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Corrected Letter to Magistrate Lehrburger (6.30.23), #2 Exhibit 2 - Affidavit of Dafina Smith).(Horgan, Laura-Michelle)
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Filing 243
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-MIchelle Horgan, Esq. dated June 30, 2023 re: Affidavit Pursuant to Court Order (Dkt. 239). Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit Affidavit of Dafina Smith (6.30.23)).(Horgan, Laura-Michelle)
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Filing 242
REPLY MEMORANDUM OF LAW in Support re: #219 MOTION to Dismiss the Second Amended Complaint (ECF No. 179). . Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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Filing 241
MEMO ENDORSEMENT on re: #240 Letter, filed by Invisible Bead Extensions, LLC. ENDORSEMENT: The request to maintain Mr. Randazza's address under seal is GRANTED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/23/2023) (mml)
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Filing 240
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 23, 2023 re: Letter in Support of Continued Redaction. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(MacMull, Joel)
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Filing 239
ORDER: This order resolves the parties' dueling letter motions contending that the 30(b)(6) witness produced by the other party was inadequately prepared or otherwise did not meet the qualifications of a corporate representative designated to testify about that party's production of documents. See Dkts. 228, 237, 238. The Court has reviewed the parties' letters, their exhibits, and the deposition testimony submitted. Both letter motions are DENIED in their entirety. As for Defendant, the Court acknowledges that Defendant took an unconventional route for selecting a 30(b)(6) witness: it retained a lawyer and admitted "professional witness," Marc J. Randazza, who knew nothing about Defendant until retained by defense counsel just a week before being deposed to serve as its 30b6 witness in this case. Nevertheless, a 30(b)(6) witness need not be an employee or officer of the entity on behalf of which they testify but must be sufficiently prepared to testify knowledgeably. Based on the limited deposition testimony submitted by Plaintiff, and the preparation described by the witness as reflected in that testimony, Defendant met its obligations. (Signed by Magistrate Judge Robert W. Lehrburger on 6/22/2023) (rro)
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Filing 238
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 21, 2023 re: ECF No. 237. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 237
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated June 15, 2023 re: Defendant's Inadequate Rule 30(b)(6) Witness. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Deposition, #2 Exhibit 2 - Deposition, #3 Exhibit 2 - Deposition, #4 Exhibit 2 - Deposition, #5 Exhibit 2 - Deposition, #6 Exhibit 3 - Emails).(Horgan, Laura-Michelle)
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Filing 236
ORDER: denying as moot #232 Letter Motion to Stay re: #232 EMERGENCY LETTER MOTION to Stay re: #230 Appeal of Magistrate Judge Decision to District Court, #222 Order on Motion to Stay. addressed to Judge John P. Cronan from Joel G. MacMull dated June 12, 2023. Accordingly, considering the broad discretion afforded to judges when deciding motions to stay and the standard under Rule 72(a) for a district judge's review of a magistrate judge's non-dispositive order, Defendants' objections to Judge Lehrburger's Order are overruled. Defendants' request for an emergency stay pending this decision is denied as moot. The Clerk of Court is respectfully directed to close Docket Number 232. SO ORDERED. (Signed by Judge John P. Cronan on 6/15/2023) (ama)
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Filing 235
LETTER addressed to Judge John P. Cronan from Maurice Ross dated June 14, 2023 re: Response to Letter of June 12, 2023. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Memorandum of Law in Response to Motion to DIsmiss).(Ross, Maurice)
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Filing 234
Objection re: #232 EMERGENCY LETTER MOTION to Stay re: #230 Appeal of Magistrate Judge Decision to District Court, #222 Order on Motion to Stay,,,, addressed to Judge John P. Cronan from Joel G. MacMull dated June 12, 2023., #222 Order on Motion to Stay,,,, Notice to Attorney to Re-File Document - Event Type Error, . Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Joel MacMull to RE-FILE Document #230 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (tp)
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Filing 233
DECLARATION of Laura-Michelle Horgan, Esq. in Opposition re: #219 MOTION to Dismiss the Second Amended Complaint (ECF No. 179).. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 2 - Affidavit of Dafina Smith Pt. 1, #3 Exhibit 2 - Affidavit of Dafina Smith Pt. 2, #4 Exhibit 3 - Proposed Covenant Not To Sue, #5 Exhibit 4 - Revised Covenant Not To Sue, #6 Exhibit 5 - Notice of Patent Fee Paid, #7 Exhibit 6 - Defendant's Cease-and-Desist Letter to Plaintiff).(Horgan, Laura-Michelle)
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Filing 232
EMERGENCY LETTER MOTION to Stay re: #230 Appeal of Magistrate Judge Decision to District Court, #222 Order on Motion to Stay,,,, addressed to Judge John P. Cronan from Joel G. MacMull dated June 12, 2023. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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Filing 231
MEMORANDUM OF LAW in Opposition re: #219 MOTION to Dismiss the Second Amended Complaint (ECF No. 179). . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 230
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #222 Order on Motion to Stay,,,,. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: All Counsel of Record..(MacMull, Joel) Modified on 6/14/2023 (tp).
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Filing 229
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 12, 2023 re: Plaintiff's Inadequate Rule 30(b)(6) witness. Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC, McKenzie Turley, Kitsune Hair Co. LLC, Cassadi Currier. (Attachments: #1 Exhibit E)Motion or Order to File Under Seal: #48 .(MacMull, Joel)
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Filing 228
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 12, 2023 re: Plaintiff's Inadequate Rule 30(b)(6) witness. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G).(MacMull, Joel)
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Filing 227
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 03/22/2023 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...(nmo)
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Filing 226
TRANSCRIPT of Proceedings re: Conference held on 3/22/2023 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/3/2023. Redacted Transcript Deadline set for 7/13/2023. Release of Transcript Restriction set for 9/11/2023.(nmo)
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Filing 225
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 6, 2023 re: Cassidi Currier. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 224
ORDER: granting #223 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/06/2023) (ama)
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Set/Reset Deadlines: Responses due by 6/13/2023 Replies due by 6/27/2023. (ama)
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Filing 223
JOINT LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Laura-Michelle Horgan, Esq. dated June 5, 2023. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 222
ORDER denying #220 Letter Motion to Stay. This order resolves Defendant IBE's renewed motion for a stay of discovery pending resolution of their motion to dismiss the Second Amended Complaint. (Dkt. 220.) The motion comes under my jurisdiction as it is non-dispositive. The motion is denied for lack of good cause, considering the substance of IBE's arguments for dismissal, the parties relative burdens, and the posture of the case. The Court has considered that IBE's motion to dismiss extends to patent, trademark, and other claims. With respect to the new patent claims in particular, the Court observes that the Revised Covenant Not To Sue, which was not before it on the motion to amend, appears to be ambiguously worded, particularly with respect to the clause or for which C&M engages in or has sufficiently concrete plans to develop new or updated technology. (See Dkt. 190-2.) Accordingly, the Court does not find it to be a sufficient basis on which to grant a stay, even in part. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 220. (Signed by Magistrate Judge Robert W. Lehrburger on 6/1/2023) (Main Document 222 replaced on 6/1/2023) (rsh). Modified on 6/1/2023 (rsh).
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Filing 221
LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Laura-Michelle Horgan, Esq. dated May 29, 2023 re: #220 LETTER MOTION to Stay re: #195 Case Management Plan,,,,, #219 MOTION to Dismiss the Second Amended Complaint (ECF No. 179). addressed to Judge John P. Cronan from Joel G. MacMull dated May 25, 2023. . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 220
LETTER MOTION to Stay re: #195 Case Management Plan,,,,, #219 MOTION to Dismiss the Second Amended Complaint (ECF No. 179). addressed to Judge John P. Cronan from Joel G. MacMull dated May 25, 2023. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. (Attachments: #1 Exhibit A, #2 Exhibit B).(MacMull, Joel)
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Filing 219
MOTION to Dismiss the Second Amended Complaint (ECF No. 179). Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. Responses due by 6/6/2023 (Attachments: #1 Affidavit of Joel G. MacMull, #2 Exhibit A, #3 Supplement Memorandum of Law in Support of Partial Motion to Dismiss).(MacMull, Joel)
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Filing 218
MEMO ENDORSEMENT: on re: #213 Letter filed by McKenzie Turley, Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC. ENDORSEMENT: No later than May 22, 2023, Defendant shall confirm deposition dates for the corporate representative depositions of both parties based on the dates offered by Plaintiff (June 1 and 2), or, if those dates are not feasible, shall propose alternative dates. While the Court agrees that Plaintiff somewhat jumped the gun in writing to the Court, defense counsel is at fault for writing in his May 16, 2023 email that he "willconfirm the dates as soon as possible" rather than providing a "but in noevent later than" date. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/19/2023) (ama)
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Filing 217
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Kitsune Hair Co. LLC served on 5/9/2023, answer due 5/30/2023; McKenzie Turley served on 5/9/2023, answer due 5/30/2023. Service was accepted by IBE Counsel: MacMull & Spendloves. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 216
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Cassadi Currier served on 5/16/2023, answer due 6/6/2023. Service was accepted by Cassadi Currier. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 215
NOTICE OF APPEARANCE by Neal Brickman on behalf of Covet & Mane, LLC..(Brickman, Neal)
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Filing 214
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #215) NOTICE OF APPEARANCE by Laura-Michelle Horgan on behalf of Covet & Mane, LLC..(Horgan, Laura-Michelle) Modified on 5/18/2023 (kj).
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Filing 213
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 18, 2023 re: Response to ECF No. 212. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(MacMull, Joel)
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Filing 212
LETTER MOTION to Compel Invisible Bead Extensions, LLC to Appear for Deposition addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated May 17, 2023. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 211
BRIEF re: #190 Objection to Report and Recommendations, #202 Opposition Brief, Reply In Further Support of Objections. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 210
ELECTRONIC SUMMONS ISSUED as to Kitsune Hair Co. LLC. (vf)
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Filing 209
ELECTRONIC SUMMONS ISSUED as to McKenzie Turley. (vf)
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Filing 208
ELECTRONIC SUMMONS ISSUED as to Cassadi Currier. (vf)
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Filing 207
REQUEST FOR ISSUANCE OF SUMMONS as to Kitsune Hair Co., L.L.C., re: #179 Amended Complaint,. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 206
REQUEST FOR ISSUANCE OF SUMMONS as to McKenzie Turley, re: #179 Amended Complaint,. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 205
REQUEST FOR ISSUANCE OF SUMMONS as to Cassadi Currier, re: #179 Amended Complaint,. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 204
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #205) REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Cassadi Currier, re: #179 Amended Complaint,. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle) Modified on 5/11/2023 (kj). As Per Email Dated 5/10/2023 9:01 PM -
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Filing 203
NOTICE OF CHANGE OF ADDRESS by Laura-Michelle Horgan on behalf of Covet & Mane, LLC. New Address: The Law Offices of Neal Brickman, P.C., 420 Lexington Avenue, Suite 2440, New York, New York, United States 10170, 2120986-6840..(Horgan, Laura-Michelle)
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Filing 202
OPPOSITION BRIEF re: #190 Objection to Report and Recommendations Covet & Mane's Response to Defendant/Counterclaimant's Objections to the Magistrate Judge's Report and Recommendation. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 201
ORDER: The parties dispute whether the Revised Covenant is sufficient to moot the controversy concerning the new patent claims. (The Revised Covenant does not address the new parties.) Whether it does or does not must be considered in a different procedural posture. More specifically, Defendant will need to proceed by motion to dismiss. If Defendant chooses to proceed with such motion, the motion must be filed by May 23, 2023. Plaintiff's opposition must be filed by June 6, 2023. Defendant's reply, if any, must be filed by June 13, 2023. Defendant's request for reconsideration regarding the stay of discovery is DENIED. SO ORDERED. ( Motions due by 5/23/2023., Replies due by 6/13/2023., Responses due by 6/6/2023) (Signed by Magistrate Judge Robert W. Lehrburger on 5/8/2023) (tg)
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Filing 200
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 2, 2023 re: Reply to ECF No. 199. Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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Filing 199
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Maurice N. Ross dated May 2, 2023 re: Response to IBE Court Entry (ECF Doc. No. 195). Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 198
MEMO ENDORSEMENT re: #197 CONSENT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 2, 2023 re: Update as to Plaintiff's Consent for Request for Additional Time (ECF No. 196); granting #196 Letter Motion for Extension of Time to File. ENDORSEMENT: Plaintiff's request for a one-week extension to respond to the Second Amended Complaint is granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/2/2023) (tg)
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Filing 197
CONSENT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 2, 2023 re: Update as to Plaintiff's Consent for Request for Additional Time (ECF No. 196). Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley..(MacMull, Joel)
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Filing 196
LETTER MOTION for Extension of Time to File Response to the Second Amended Complaint and Request for Reconsideration addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 1, 2023. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 195
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All fact discovery, which shall be limited to any new claims (or counterclaims) for relief as well as the new parties identified in the Second Amended Complaint shall be completed by December 22, 2023. Defendants, including IBE, Kitsune Hair Co, LLC and McKenzie Turley (hereinafter, the "IBE Defendants") time to respond to the Second Amended Complaint is due by May 5, 2023. Pursuant to the Court's Order filed March 23, 2023, (ECF Doc. No. 177, paragraph 6) the deposition of a party representative, which is limited to the issue of the completeness of the production of documents, shall be conducted by no later than June 9, 2023; and All fact depositions shall be completed by December 22, 2023. All expert discovery, including expert depositions, shall be completed no later than May 3, 2024. A claim construction hearing will be held on to be determined. Applications for leave to submit dispositive summary judgment motions shall be made within 14 days after the Court's decision on claim construction. The parties shall submit a joint status letter every 90 days. Deposition due by 5/3/2024. Fact Discovery due by 12/22/2023. Expert Discovery due by 5/3/2024. (Signed by Magistrate Judge Robert W. Lehrburger on 4/28/2023) (rro)
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Filing 194
ORDER denying #191 Letter Motion to Stay re: #191 LETTER MOTION to Stay re: #190 Objection to Report and Recommendations addressed to Judge John P. Cronan from Joel G. MacMull dated April 21, 2023. Defendant's requests for a stay of discovery with respect to Plaintiff's newly added patent claims and parties (see Dkts. 187, 191) are DENIED for principally the reasons as set forth in Plaintiff's letters at Dkts. 189 and 193. The Court will enter the scheduling order at Dkt. 187-1. The Clerk of Court is respectfully requested to terminate the letter motions at Dkts. 187 and 191. (Signed by Magistrate Judge Robert W. Lehrburger on 4/28/2023) (rro)
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Set/Reset Deadlines: Invisible Bead Extensions, LLC answer due 5/5/2023; Kitsune Hair Co. LLC answer due 5/5/2023; McKenzie Turley answer due 5/5/2023. (rro)
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Filing 193
LETTER addressed to Judge John P. Cronan from Maurice N. Ross dated April 26, 2023 re: Response to IBE's request for a Stay of Discovery. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 192
ORDER: Plaintiff shall file a brief in opposition to Defendant's Objection to the Report and Recommendation of Judge Lehrburger, Dkt. 190, by May 8, 2023. The deadline for any reply is May 15, 2023. SO ORDERED. ( Brief due by 5/8/2023.) (Signed by Judge John P. Cronan on 4/24/2023) (vfr)
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Filing 191
LETTER MOTION to Stay re: #190 Objection to Report and Recommendations addressed to Judge John P. Cronan from Joel G. MacMull dated April 21, 2023. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 190
OBJECTION to #175 Report and Recommendations of the Hon. Robert W. Lehrburger, U.S.M.J. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Affidavit of Joel G. MacMull, #2 Exhibit A).(MacMull, Joel)
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Filing 189
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Maurice N. Ross dated April 20, 2023 re: Response to the Request by defendant IBE to hold discovery concerning patent claims in abeyance. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 188
ORDER. On April 11, 2023, IBE filed a request at Dkt. 187 to hold in abeyance discovery concerning patent claims pending both a ruling on IBE's objections to my Report and Recommendation dated March 23, 2023 (Dkt. 175) and also filing of IBE's answer and counterclaims to the second amended complaint. C&M has not filed a response. If C&M wishes to respond, it shall do so by April 21, 2023. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Canaan, Isabelle)
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Filing 187
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley. (Attachments: #1 Text of Proposed Order Amending Discovery Schedule).(MacMull, Joel)
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Filing 186
ORDER granting #185 Letter Motion for Extension of Time. Granted. SO ORDERED. Objections to R&R due by 4/21/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 4/10/2023) (tg)
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Filing 185
CONSENT LETTER MOTION for Extension of Time to Comply with the Court's Orders of March 23, 2023 addressed to Judge John P. Cronan from Joel G. MacMull dated April 7, 2023. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 184
ORDER granting #180 Letter Motion for Extension of Time to File. This request is granted. The parties shall have until April 11, 2023 to object to the Report and Recommendation. SO ORDERED. (Signed by Judge John P. Cronan on 4/6/2023) (jca)
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Set/Reset Deadlines: Objections to R&R due by 4/11/2023 (jca)
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Filing 183
ORDER denying #181 Letter Motion for Discovery. Application denied. The Court fully understands that Plaintiff's medical emergency would be a reason why counsel did not contact defense counsel at an earlier date. But Plaintiff's counsel cannot seriously seek to take advantage of that situation by faulting defense counsel for not being able to commit to being able to meet and confer within 24 hours (including on a religious holiday to boot). The parties' time to meet and confer and jointly submit a proposed schedule is extended until Tuesday April 11, 2023. Defendant's request at Dkt. 182 to censure Plaintiff's counsel is denied. (Signed by Magistrate Judge Robert W. Lehrburger on 4/5/2023) (rro)
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Filing 182
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated April 4, 2022 re: Response to C&M's Letter (ECF No. 181). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 181
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated April 4, 2023. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 180
CONSENT LETTER MOTION for Extension of Time to File Objections to the Court's Report and Recommendation addressed to Judge John P. Cronan from Joel G. MacMull dated April 3, 2023. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 179
SECOND AMENDED COMPLAINT amending #1 Complaint, #30 Amended Complaint against Cassadi Currier, Invisible Bead Extensions, LLC, Kitsune Hair Co. LLC, McKenzie Turley with JURY DEMAND.Document filed by Covet & Mane, LLC. Related document: #1 Complaint, #30 Amended Complaint..(Ross, Maurice)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laura-Michelle Horgan to RE-FILE Document No. #178 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 178
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #30 Amended Complaint against Kitsune Hair Co. LLC, McKenzie Turley, Cassadi Currier with JURY DEMAND.Document filed by Covet & Mane, LLC. Related document: #30 Amended Complaint..(Horgan, Laura-Michelle) Modified on 3/31/2023 (pc).
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Filing 177
ORDER terminating #166 Letter Motion for Conference re: #166 LETTER MOTION for Conference re: #165 Letter, #164 Pre-Conference Statement, addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated March 6, 2022. As discussed during the hearing held via Microsoft Teams on March 22, 2023, the Court resolves the parties' pending discovery issues as follows: 1. By March 29, 2023, Plaintiff shall produce to Defendant all responsive, non-privileged documents, not otherwise identified as withheld based on objection, that have not yet been produced, including but not limited to all communications attendant to NDAs entered into with factories concerning the subject matter in dispute. As further set forth by this Order. The Clerk of Court is respectfully requested to terminate the letter motions at Dkts. 164 and 166. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/23/2023) (tg)
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Filing 176
ORDER terminating #172 Letter Motion for Conference re: #172 LETTER MOTION for Conference Re: Leave to Amend Complaint New Patent addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated 3/15/2023. By separate order, the Court has granted in part and recommended denial in part of Plaintiff's motion to amend to add certain claims and parties. That order grants leave to amend claims relating to, inter alia, a patent that is registered to Defendant. On March 15, 2023, Plaintiff notified the court of a Notice of Allowance having issued for a second patent, Defendant's patent application 17/887,295. (Dkt. 172.) Plaintiff requests that its motion to amend be deemed to include a challenge to the validity and enforceability of the second patent. The Court denies that request because the second patent has not yet actually been registered, so there is no patent the validity or enforceability of which can be challenged. That said, however, because of the amendments being allowed at this time, some supplemental fact discovery will be necessary. The parties shall include the '295 application as a subject of that additional discovery. If the Notice of Allowance matures into registration, then Plaintiff may seek leave to amend to include the patent as registered. The Clerk of Court is respectfully requested to terminate the letter request at Dkt. 172. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/23/2023) (tg)
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Filing 175
ORDER AND DECISION AND REPORT AND RECOMMENDATION TO HON. JOHN P. CRONAN: MOTION TO AMEND re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . filed by Covet & Mane, LLC. For the foregoing reasons, Plaintiff's motion for leave to amend the complaint is GRANTED wi th respect to the Patent Claims, the '446 Trademark Claims, and the New Defendants. The Court recommends DENYING the motion with respect to the Product Disparagement Claim. To the extent not discussed above, the Court has considered the non-prevailing party's arguments and finds them to be without merit. Within 7 days of entry of this Order and Report and Recommendation, C&M shall file its Second Amended Complaint. Within 14 days of entry of this Order and Report and Recommendation, the parties shall meet and confer and file a joint proposed schedule for completing fact and expert discovery. So Ordered. Objections to R&R due by 4/6/2023 (Signed by Magistrate Judge Robert W. Lehrburger on 3/23/2023) (tg)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 3/22/2023 at 2:30 p.m. (rsh)
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Filing 174
SUPPLEMENTAL LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated March 21, 2023 re: Supplemental the Record in Connection with IBE's Application to Compel. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 173
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated March 20, 2023 re: Opposing Plaintiff's Application at ECF No. 172. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 172
LETTER MOTION for Conference Re: Leave to Amend Complaint New Patent addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated 3/15/2023. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Notice of Allowance of Patent No. 17/887295).(Horgan, Laura-Michelle)
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Filing 171
ORDER granting #170 Letter Motion to Adjourn Conference. Discovery Hearing set for 3/22/2023 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. The conference will address the issues raised at Docket 164 and 166. This conference will be conducted via Microsoft Teams. The public may dial in to the listen only line at (646)-453-4442, and enter access code 293396052#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order). (rsh)
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Filing 170
CONSENT LETTER MOTION to Adjourn Conference Currently Scheduled for 3/21 addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated MARCH 13, 2023. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 169
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated March 9, 2023 re: Response to Plaintiff's Pre-Motion Conference Ltr (ECF NO. 166). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(MacMull, Joel)
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Filing 168
ORDER: The March 21, 2023 conference will also be an opportunity for the parties to address the pending motion to amend if they so wish. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Canaan, Isabelle)
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Filing 167
NOTICE of Hearing: Discovery Hearing set for 3/21/2023 at 10:30 AM before Magistrate Judge Robert W. Lehrburger. The conference will address the issues raised at Docket 164 and 166. This conference will be conducted via Microsoft Teams. The public may dial in to the listen only line at (646)-453-4442, and enter access code 293396052#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 166
LETTER MOTION for Conference re: #165 Letter, #164 Pre-Conference Statement, addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated March 6, 2022. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - ESI Order, #2 Exhibit 2 - Discovery Order, #3 Exhibit 3 - Letter re Outstanding Discovery, #4 Exhibit 4 - Letter re Outstanding Discovery, #5 Exhibit 5 - Letter to Court, #6 Exhibit 6 - Letter re Outstanding Documents, #7 Exhibit 7 - Turley Currier Communications).(Horgan, Laura-Michelle)
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Filing 165
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated March 3, 2023 re: Exhibit G to IBE's pre-motion application dated March 2, 2023. Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit G)Motion or Order to File Under Seal: #48 .(MacMull, Joel)
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Filing 164
PRE-CONFERENCE STATEMENT in Search of Conference with the Court re: Plaintiff's Failure to Produce. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(MacMull, Joel)
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Filing 163
LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated December 22, 2022 re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 162
MEMO ENDORSEMENT on re: #161 Letter Defendant IBE's Letter to Judge Cronan and Judge Lehrburger filed by Covet & Mane, LLC. ENDORSEMENT : The Court agrees that Defendants December 13, 2022 letter brief is a belated and unauthorized sur-reply and that Defendant should have sought leave of Court to file. In the interest of deciding the motion to amend on a complete record, however, the Court will consider the letter to the extent the Court deems it appropriate. Accordingly, Plaintiff may file a letter response of similar length by December 22, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/15/22) (yv)
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Filing 161
LETTER addressed to Judge John P. Cronan from Maurice N. Ross dated 12/14/2022 re: Defendant IBE's Letter to Judge Cronan and Judge Lehrburger. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 160
LETTER addressed to Judge John P. Cronan from Joel G. MacMull dated December 13, 2022 re: Supplementing the Record Re: Plaintiff's Motion to Further Amend its Complaint (ECF No. 130 et seq.). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 159
MEMO ENDORSED ORDER denying without prejudice #156 Motion to Seal. ENDORSEMENT: The motion to seal is denied without prejudice for not following the procedures set forth in my Individual Rules For Redactions And Filing Under Seal (see Appendix thereto). Moreover, it seems apparent to the Court that several of the documents designated by Defendant as Confidential or Attorneys' Eyes Only do not qualify for sealing. Again, the Court refers the parties to my Rules. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/2022) (mml)
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Filing 158
REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 157
REPLY AFFIRMATION of Laura-Michelle Horgan in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint .. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Document Requests, #2 Exhibit 2 - Portions of Deposition, #3 Exhibit 3 - Unofficial Transcript, #4 Exhibit 4 - Email Correspondence, #5 Exhibit 5 - Redacted Document Production, #6 Exhibit 6 - Redacted Document Production, #7 Exhibit 7 - Redacted Document Production, #8 Exhibit 8 - Redacted Document Production, #9 Exhibit 9 - Redacted Dcument Production, #10 Exhibit 10 - Redacted Document Production, #11 Exhibit 11 - Redacted Document Production, #12 Exhibit Redacted Document Production, #13 Exhibit 13 - Email Correspondence).(Horgan, Laura-Michelle)
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Filing 156
MOTION to Seal . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 155
ORDER: ORDER: The Court is entering on ECF the unofficial transcript of the proceeding obtained from the Microsoft Teams application. This unofficial transcript is provided at the parties request for their off-the-record use. The Court has been unable to access a video recording from which an official transcript may be transcribed. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 11/3/2022) (mml)
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Filing 154
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 27, 2022 re: Redaction Pursuant to Court Order. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit E).(MacMull, Joel)
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Filing 153
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 27, 2022 re: Response to Plaintiff's letter dated October 26, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 152
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated October 26, 2022 re: Court Order 135 Addressing Outstanding Discovery from Defendant. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 151
AFFIDAVIT OF SERVICE of Subpoena Duces Tecum Ad Testificandum served on Jasmin Kahn on October 21, 2022. Service was accepted by Jasmin Kahn. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 150
LETTER MOTION for Oral Argument addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated October 20, 2022. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 149
ORDER denying #147 Letter Motion to Seal. The application to seal is denied except as qualified as follows. The first three pages of Exhibit E appear to be a certificate of organization filed with the Department of Commerce for the State of Utah. That portion of the document may not be kept under seal. If the last two pages of the document also were filed with the State of Utah, they may not be kept under seal. If those two pages were not filed with the State of Utah or otherwise shared publicly, they may be kept under seal. Defendant shall file an appropriately revised Exhibit E by October 27, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/20/2022) (mml) Modified on 10/21/2022 (mml).
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Filing 148
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 19, 2022 re: Exhibit E to the Declaration of Joel MacMull (Filed Under Seal). Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC.Motion or Order to File Under Seal: #147 .(MacMull, Joel)
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Filing 147
LETTER MOTION to Seal Exhibit E to the Declaration of Joel G. MacMull addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 19, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 146
LETTER MOTION for Oral Argument in Connection with Plaintiff's Motion for Leave to Amend its First Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 19, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 145
DECLARATION of Joel G. MacMull in Opposition re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint .. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(MacMull, Joel)
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Filing 144
MEMORANDUM OF LAW in Opposition re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . . Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 143
ORDER granting #142 Letter Motion for Leave to File Excess Pages. Defendant's request for additional 7 pages for opposition is granted. Plaintiff may have 3 additional pages for reply. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/19/2022) (mml)
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Filing 142
LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 18, 2022. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 141
SUBPOENA ISSUED for Jasmin Kahn on October 28, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 140
NOTICE Subpoena Duces Tecum as to Jasmin Kahn document(s): See Schedule A on October 28, 2022 at 10:00AM.Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit I - Subpoena).(Horgan, Laura-Michelle)
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Filing 139
AFFIRMATION of Laura-Michelle Horgan in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint ., #130 MOTION to Seal "Plaintiff Covet & Mane's Memorandum of Law in Support of Its Motion to Amend Its Complaint", "Affirmation of Laura-Michelle Horgan in Support of Plaintiff Covet & Mane, LLC's Motion to File an Amended Comp. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Exhibit 1.1, #2 Exhibit Exhibit 1.2, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17.1, #19 Exhibit Exhibit 17.2, #20 Exhibit Exhibit 17.3, #21 Exhibit Exhibit 18, #22 Exhibit Exhibit 19, #23 Exhibit Exhibit 20, #24 Exhibit Exhibit 21, #25 Exhibit Exhibit 22, #26 Exhibit Exhibit 23, #27 Exhibit Exhibit 24, #28 Exhibit Exhibit 25, #29 Exhibit Exhibit 26, #30 Exhibit Exhibit 27, #31 Exhibit Exhibit 28, #32 Exhibit Exhibit 29, #33 Exhibit Exhibit 30).(Ross, Maurice)
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Filing 138
MEMORANDUM OF LAW in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . . Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 137
ORDER granting #136 Letter Motion for Extension of Time to File. Request granted. Defendant opposition due Oct. 19, 2022. Plaintiff reply due Nov. 14, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/13/2022) (mml)
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Filing 136
CONSENT LETTER MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Leave to Amend its Complaint (ECF No. 131) addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated October 13, 2022. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Set/Reset Deadlines: Responses due by 10/19/2022. Replies due by 11/14/2022. (mml)
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Filing 135
ORDER denying without prejudice #134 Letter Motion for Conference re: #134 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated October 5, 2022. Request for conference denied without prejudice. The request is premature. Defendant has not indicated it will not produce the documents requested. To the extent Defendant fails to do so, or to the extent belated production of documents leads to further issues that cannot be resolved (e.g., need to recall a deponent; discovery deadlines; etc.), Plaintiff may renew its request, subject to first fulfilling the obligation to meet and confer. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 10/6/2022) (kv)
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Filing 134
LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated October 5, 2022. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Document Requests, #2 Exhibit 2 - Subpoena Response, #3 Exhibit 3 - Email, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Email, #6 Exhibit 6 - Letter).(Horgan, Laura-Michelle)
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Set/Reset Deadlines: Motions due by 10/13/2022. (mml)
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Filing 133
MEMO ENDORSED ORDER denying without prejudice #130 Motion to Seal. ENDORSEMENT: The motion to seal is denied without prejudice for two principal reasons. First, the Court is concerned that IBE may have been overbroad in its designation of material as confidential attorney's eyes only. Second, C&M has been overbroad in seeking to seal the entirety of its motion papers rather than properly redacting only the material designated as confidential. Accordingly, by October 6, 2022, IBE shall provide to C&M a letter identifying which specific material submitted as part of C&Ms motion to amend IBE in good faith claims as confidential attorney's only or otherwise subject to sealing. IBE must provide a brief explanation for each such designation. By October 13, 2022, C&M shall refile public versions of its motion-to-amend papers that redact only the information specifically designated as confidential attorneys eyes only or otherwise qualifying for sealing under the governing protective order. This order does not alter the existing deadlines for IBE's opposition or C&M's reply for the motion to amend. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/29/2022) (mml)
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Filing 132
***SELECTED PARTIES***AFFIRMATION of Laura-Michelle Horgan in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint .. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit First Amended Complaint, #3 Exhibit First Set of Document Requests, #4 Exhibit Notice to Deposition IBE, #5 Exhibit Notice of Deposition M. Turley, #6 Exhibit Notice of Deposition T. Turley, #7 Exhibit Email to IBE Counsel, #8 Exhibit Spendlove Email, #9 Exhibit Whatsapp Communications, #10 Exhibit Whatsapp Communications, #11 Exhibit Whatsapp Communications, #12 Exhibit Whatsapp Communications, #13 Exhibit Whatsapp Communications, #14 Exhibit Kitsune Documents, #15 Exhibit Whatsapp Communications, #16 Exhibit Whatsapp Communications, #17 Exhibit Exhibit 17 part 1, #18 Exhibit Exhibit 17 part 2, #19 Exhibit Exhibit 17 Part 3, #20 Exhibit Whatsapp, #21 Exhibit T. Turley Transcripts, #22 Exhibit M. Turley Transcripts 1, #23 Exhibit M. Turley Transcripts 2, #24 Exhibit B. Turley Transcripts, #25 Exhibit Cassadi response, #26 Exhibit Currier Transcripts, #27 Exhibit Freeman Transcripts, #28 Exhibit Cease and Desist, #29 Exhibit Dafina 1, #30 Exhibit Dafina 2, #31 Exhibit Letter Outstanding Documents Turley, #32 Exhibit Letter Outstanding Documents Currier)Motion or Order to File Under Seal: #130 .(Ross, Maurice)
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Filing 131
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint . . Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC. Motion or Order to File Under Seal: #130 .(Horgan, Laura-Michelle)
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Filing 130
MOTION to Seal "Plaintiff Covet & Mane's Memorandum of Law in Support of Its Motion to Amend Its Complaint", "Affirmation of Laura-Michelle Horgan in Support of Plaintiff Covet & Mane, LLC's Motion to File an Amended Complaint", "Plaintiff's Proposed Second Amendment Complaint". Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 129
AFFIDAVIT of Dafina Smith in Support re: #128 MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. . MOTION for Leave to File Second Amended Complaint .. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit IBE Patent Application September 3, 2019, #2 Exhibit IBE Patent Application September 3, 2020, #3 Exhibit IBE Patent Issued August 23, 2022, #4 Exhibit Registered Domain Names, #5 Exhibit Milady Course Textbook, #6 Exhibit Covet & Mane Education Guide, #7 Exhibit Covet & Mane copyright Education Guide, #8 Exhibit Certificate of Formation DE, #9 Exhibit Certificate of Formation NY, #10 Exhibit Second Set Requests for Document Production, #11 Exhibit Cease and Desist Letter Robert Spendlove, #12 Exhibit Bellami/Meehan/Page Complaint, #13 Exhibit Deposition of Linda Freeman Transcript).(Ross, Maurice)
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Filing 128
MOTION to Add Party(ies) McKenzie Turley, Cassadi Currier, Kitsune Hair Co., L.L.C. ., MOTION for Leave to File Second Amended Complaint . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 127
ORDER granting #126 Letter Motion for Extension of Time to File. Extension granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/26/2022) (mml)
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Set/Reset Deadlines: Responses due by 10/14/2022 Replies due by 10/20/2022. (mml)
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Filing 126
LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated September 25, 2022. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 125
SUBPOENA ISSUED for Studio 359: Hair Salon and Day Spa on October 4, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 124
NOTICE Subpoena Duces Tecum as to Studio 359: Hair Salon and Day Spa document(s): Schedule B on October 4, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 123
AFFIDAVIT OF SERVICE of Subpoena Duces Tecum served on Habit Salon Education LLC on 9/16/22. Service was accepted by Ronnie Taxin. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 122
SUBPOENA ISSUED for Habit Education.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 121
NOTICE Subpoena Duces Tecum as to Habit Education document(s): See Schedule A Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena).(Horgan, Laura-Michelle)
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Filing 120
AFFIDAVIT OF SERVICE of Subpoena served on Taylor Andrews Beauty School, Attn.: Amanda Maxfield on 09/15/22. Service was accepted by Brooke Lewis, Receptionist. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 119
NOTICE Subpoena Duces Tecum as to Taylor Andrews Academy of Hair Design document(s): Schedule A Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Subpoena).(Horgan, Laura-Michelle)
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Filing 118
ORDER: This order resolves the issues regarding Plaintiff's application to file a Second Amended Complaint and to extend the discovery schedule. (See Dkts. 108, 111, 112, 116.) As discussed at the telephone conference held on September 12, 2022, the parties will formally brief Plaintiff's motion to amend. Plaintiff shall file its motion by September 26, 2022; Defendant shall file its response by October 12, 2022; and Plaintiff shall file its reply, if any, by October 2022. Fact discovery is extended until October 31, 2022. SO ORDERED. (Brief due by 9/12/2022. Fact Discovery due by 10/31/2022. Motions due by 9/26/2022. Responses due by 10/12/2022.) (Signed by Magistrate Judge Robert W. Lehrburger on 9/12/2022) (mml)
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Filing 117
TRANSCRIPT REQUEST for a Discovery Hearing proceeding held on 09/12/2022 before Magistrate Judge Robert W. Lehrburger. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 9/12/2022 at 11:30 a.m. (rsh)
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Filing 116
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated September 7, 2021 re: Letter in Opposition to Plaintiff's Request for Leave to Amend (ECF No. 112-1). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 115
MEMO ENDORSED ORDER granting #109 Motion to Seal. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/6/2022) (mml)
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Filing 114
MEMO ENDORSED ORDER granting #112 Motion to Seal. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/2/2022) (mml) Modified on 9/6/2022 (mml).
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Filing 113
NOTICE of Hearing: Discovery Hearing set for 9/12/2022 at 11:30 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. The public may dial in at (646)-453-4442, and enter access code 654204605#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 112
MOTION to Seal . Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Redacted Letter).(Horgan, Laura-Michelle)
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Filing 111
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated September 1, 2022 re: Plaintiff's Request to Extend Fact Discovery Beyond 9/30/22 (ECF No. 108). Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 110
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated August 29, 2022 re: Extension of Time. Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC.Motion or Order to File Under Seal: #109 .(Horgan, Laura-Michelle)
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Filing 109
MOTION to Seal . Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Redacted Letter).(Horgan, Laura-Michelle)
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Filing 108
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated August 29, 2022 re: Extension of Time for Fact Discovery. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Patent, #2 Exhibit 2 - Email, #3 Exhibit 3 - Document Requests, #4 Exhibit 4 - Email, #5 Exhibit 5 - Discovery Response).(Horgan, Laura-Michelle)
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Filing 107
TRANSCRIPT REQUEST for a Court Conference held via Microsoft Teams Meeting proceeding held on 08/22/2022 before Magistrate Judge Robert W. Lehrburger. Document filed by Covet & Mane, LLC..(Ross, Maurice)
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Filing 106
ORDER denying without prejudice #87 Letter Motion to Compel. As discussed at the discovery conference held via Microsoft Teams on August 22, 2022: 1. Plaintiff's letter motion to compel the deposition of Robert Spendlove, Esq. is denied without prejudice to a future application based on a sufficient record. Defendant's request for fees/sanctions in connection with opposing the motion is denied. 2. Rulings were made on directions not to answer made at the deposition of Dafina Smith. 3. Defendant's request to compel as set forth in its August 21, 2022 letter is denied as moot because Plaintiff provided the requested explanation during the conference. This resolves the letter motions at Dkt. 87, 104, and 105. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/22/2022) (mml)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 8/22/2022 at 11:30 a.m. (rsh)
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Filing 105
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated August 21, 2022 re: ECF No. 60 and 63. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(MacMull, Joel)
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Filing 104
SUPPLEMENTAL LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated August 19, 2022 re: The Court's 8/4/22 Order (ECF No. 99). Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 103
NOTICE of Hearing: Parties please take note of the time change. Discovery Hearing set for 8/22/2022 at 11:30 AM before Magistrate Judge Robert W. Lehrburger. This hearing will be conducted via Microsoft Teams. The public may dial in at (646)-453-4442, and enter access code 97463792#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices.(rsh)
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Filing 102
AFFIDAVIT OF SERVICE of Subpoena served on Linda Freeman, Formations Institute of Cosmetology & Barbering LLC on July 29, 2022. Service was accepted by Linda Freeman. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 101
CERTIFICATE OF SERVICE of Subpoena served on James Spendlove on August 4, 2022. Service was accepted by James Spendlove, Esq. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 100
SUBPOENA ISSUED for Brett Turley on August 22, 2022 at 10:00 A.M..Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 99
ORDER: Accordingly, Ms. Smith shall appear for continuation of her deposition so that Defendants may have a full 14 hours as agreed. The remaining relief requested by the parties is denied. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/4/2022) (ks)
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Filing 98
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated August 3, 2022 re: Pursuant to the Court's Order dated July 29, 2022 (ECF No. 95). Document filed by Covet & Mane, LLC, Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit Day 1, #2 Exhibit Day 2)Motion or Order to File Under Seal: #48 .(MacMull, Joel)
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Filing 97
NOTICE of Hearing: Due to a scheduling conflict, the Discovery Hearing will take place on 8/22/2022 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. This hearing will be conducted via Microsoft Teams. The public may dial in at (646)-453-4442, and enter access code 97463792#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 96
NOTICE of Hearing: Discovery Hearing set for 8/9/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. This hearing will be conducted via Microsoft Teams. The public may dial in at (646)-453-4442, and enter access code 97463792#. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 95
ORDER: The Court will schedule a conference to address the discovery issues raised at Dkt. 87 and 90 and responses thereto. By August 3, 2022, Defendant shall file a complete copy of the transcript from the Dafina Smith deposition (both days). A clean minuscript version with index is preferred if one has been made. However, a rough transcript in nonminuscript form is acceptable if the clean transcript is not yet available. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/29/2022) (mml)
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Filing 94
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated July 28, 2022 re: ECF. No. 90 and 93. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit F)Motion or Order to File Under Seal: #94 .(MacMull, Joel)
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Filing 93
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated July 28, 2022 re: Letter Response to ECF No. 90. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(MacMull, Joel)
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Filing 92
SUBPOENA ISSUED for Linda Freeman/Formations Institute on August 16, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 91
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull, Esq. dated July 26, 2022 re: Response to Plaintiff's Motion to Compel (ECF No. 87 et seq.). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Errata B).(MacMull, Joel)
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Filing 90
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated July 25, 2022. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 89
ORDER granting #88 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/21/2022) (mml)
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Filing 88
LETTER MOTION for Extension of Time to File Response to C&M's Pre-Motion Letter to Compel (DE 87) addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated July 21, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Set/Reset Deadlines: Responses due by 7/26/2022. (mml)
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Filing 87
LETTER MOTION to Compel Defendant IBE to Robert Spendlove, Esq. addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated July 19, 2022. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Cease & Desist Letter, #4 Exhibit 4 - Answer).(Horgan, Laura-Michelle)
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Filing 86
AFFIDAVIT OF SERVICE of Subpoena served on Cassadi Currier on July 14, 2022. Service was accepted by Cassadi Currier. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 85
SUBPOENA ISSUED for Cassadi Currier on July 15, 2022 at 11:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 84
SUBPOENA ISSUED for Cassadi Currier on July 15, 2022 at 11:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 83
ORDER FOR ADMISSION PRO HAC VICE granting #82 Motion for James L. Spendlove to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 7/14/2022) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 FIRST MOTION for James Spendlove to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26362109. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 82
FIRST MOTION for James Spendlove to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26362109. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Affidavit Affidavit of James Spendlove, #2 Supplement UT Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(MacMull, Joel)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #81 FIRST MOTION for James L. Spendlove to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26312461. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Utah;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 81
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for James L. Spendlove to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26312461. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Affidavit Affidavit of James Spendlove, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(MacMull, Joel) Modified on 6/23/2022 (sgz).
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Filing 80
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #79 Letter Motion for Extension of Time to Complete Discovery. 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). All fact discovery shall be completed no later than 9/2/2022. Depositions shall be completed by 9/2/2022. Expert Deposition due by 12/2/2022. Discovery due by 12/2/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is five days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/16/2022) (mml)
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Filing 79
CONSENT LETTER MOTION for Extension of Time to Complete Discovery Until September 2, 2022 addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 16, 2022. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(MacMull, Joel)
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Set/Reset Deadlines: Expert Discovery due by 12/2/2022. Fact Discovery due by 9/2/2022. (mml)
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Filing 78
ORDER denying without prejudice #76 Letter Motion for Discovery. The application is denied without prejudice. Many of the requests appear appropriately tailored to relevant subject matter. Some of the requests appear overbroad. The parties must meet and confer live about the scope of the subpoena requests. Further, regardless of the corporate or business relationship between Kitsune and IBE, Kitsune is obligated to produce documents within its possession, custody, or control that concern IBE (and that are otherwise relevant, responsive, non-privileged). SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/3/2022) (mml)
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Filing 77
ORDER denying without prejudice #74 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated May 31, 2022. The request is denied without prejudice. It appears that IBE counsel responded that his firm would accept service in response to C&M counsel's request whether he would accept service; C&M counsel did not ask about representation. Further, the Court believes that direct discussions are often warranted and are more efficient than exchange of emails. That said, unprofessional behavior will not be countenanced by the Court, and the Court remains concerned by what appears to be emerging as a pattern of unprofessional conduct by IBE counsel. Counsel may record conversations with opposing counsel and/or take notes of those conversations. Unprofessional behavior will be subject to sanctions. And, counsel may renew the request for a protective order in the future should circumstances warrant. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/3/2022) (mml)
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Filing 76
LETTER MOTION for Discovery to Request Protective Order and/or to Quash or Modify Subpoenas addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated June 2, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 75
ORDER terminating #63 Letter Motion for Discovery. This order addresses the parties' correspondence regarding Defendant's letter motion at Dkts. 63, 72, and 73. By June 7, 2022, Plaintiff shall provide a letter to Defendant identifying any categories of documents it knows exist but is withholding based on objections to document requests. Plaintiff need not provide any such information for requests where the parties have agreed that Plaintiff need only produce documents "sufficient to show." Additionally, Plaintiff need not provide a request-by-request response. The parties' respective requests for fees and costs are DENIED. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/31/2022) (mml)
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Filing 74
LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated May 31, 2022. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Emails).(Horgan, Laura-Michelle)
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Filing 73
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 31, 2022 re: Reply to C&M's Response (ECF No. 72). Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 72
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated May 26, 2022 re: #63 LETTER MOTION for Discovery and Plaintiff's Failure to Comply with the Court's May 23, 2022 Order addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 23, 2022. . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 71
AFFIDAVIT OF SERVICE of Subpoena served on Ktisune Hair Co., L.L.C. on May 23, 2022. Service was accepted by James Spendlove, Esq.. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 70
SUBPOENA ISSUED for Kitsune Hair Co., L.L.C. on June 16, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 69
AFFIDAVIT OF SERVICE of Subpoena served on Tyler Turley on May 23, 2022. Service was accepted by James Spendlove, Esq.. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 68
SUBPOENA ISSUED for Tyler Turley on June 14, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 67
AFFIDAVIT OF SERVICE of Subpoena served on McKenzie Turley on May 23, 2022. Service was accepted by James Spendlove. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 66
SUBPOENA ISSUED for McKenzie Turley on June 16, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 65
AFFIDAVIT OF SERVICE of Subpoena served on Cassadi Currier on May 25, 2022. Service was accepted by Jocelyn "Doe" (Name not given, mother). Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 64
SUBPOENA ISSUED for Cassadi Currier on June 17, 2022 at 10:00AM.Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 63
LETTER MOTION for Discovery and Plaintiff's Failure to Comply with the Court's May 23, 2022 Order addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 23, 2022. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Errata A, #2 Exhibit B).(MacMull, Joel)
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time. Extension granted. The Court extends its condolences to counsel. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/17/2022) (mml)
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Filing 61
LETTER MOTION for Extension of Time for IBE to Comply with Discovery Order addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated May 17, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 60
ORDER: ORDER: As discussed during the conference held on May 11, 2022, via Microsoft Teams, the Court is entering on ECF the unofficial transcript of the proceeding obtained from the Teams application. This unofficial transcript is provided at the parties request for their off-the-record use. Any party who seeks relief from the Court based on a transcript of proceedings must request and pay for an official court-reporter transcription. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 5/12/2022) (mml)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 5/11/2022 at 3:00 p.m. (rsh)
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Filing 59
SUBPOENA ISSUED for Cassadi Currier on May 25, 2022 at 10:00AM.Document filed by Covet & Mane, LLC. (Attachments: #1 Affidavit Affidavit of Service).(Horgan, Laura-Michelle)
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Filing 58
NOTICE of Hearing: Discovery Hearing set for 5/11/2022 at 3:00 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 57
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan, Esq. dated April 25, 2022 re: #54 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated April 22, 2022. LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated April 22, 2022. . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 56
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated April 25, 2022 re: Plaintiff's Letter dated April 22, 2022 (ECF 54). Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 55
NOTICE of Hearing: Discovery Hearing set for 5/4/2022 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 54
LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated April 22, 2022., LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Laura-Michelle Horgan dated April 22, 2022. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit 1 - Deficiency Letter, #2 Exhibit 2 - Letter Response, #3 Exhibit 3 - Emails).(Horgan, Laura-Michelle)
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Filing 53
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge John P. Cronan on 4/20/2022) (tg)
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Filing 52
LETTER addressed to Judge John P. Cronan from Joel G. MacMull dated April 20, 2022 re: Plaintiff's Discovery Deficiencies Pursuant to Section 5(C) of Your Honor's Rules. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Errata C).(MacMull, Joel)
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Filing 51
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #50 Letter Motion for Extension of Time to Complete Discovery. This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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). Settlement discussions have taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. All fact discovery shall be completed no later than June 24, 2022. Depositions shall be completed by June 24, 2022. All expert discovery, including expert depositions, shall be completed no later than September 23, 2022. All discovery must be completed by September 23, 2022. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is five days. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 3/22/2022) (jca)
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Filing 50
CONSENT LETTER MOTION for Extension of Time to Complete Discovery by 60 Days addressed to Judge John P. Cronan from Joel G. MacMull dated March 22, 2022. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Text of Proposed Order Amending Discovery Schedule).(MacMull, Joel)
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Set/Reset Deadlines: Deposition due by 9/23/2022. Discovery due by 9/23/2022. Expert Discovery due by 9/23/2022. Fact Discovery due by 6/24/2022. (jca)
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Filing 49
STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION: A. General Principles: 1. An attorney's advocacy on behalf of a client is not compromised by conducting discovery in a cooperative manner. The failure of counsel or the parties to litigation to cooperate in facilitating and reasonably limiting discovery requests and responses raises litigation costs and contributes to the risk of sanctions. As further set forth by this Order. (Signed by Judge John P. Cronan on 3/3/2022) (tg)
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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 John P. Cronan on 3/3/2022) (tg)
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Filing 47
PROPOSED STIPULATION AND ORDER. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 46
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/3/2022 (km).
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Filing 45
PROPOSED PROTECTIVE ORDER. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Laura-Michelle Horgan to RE-FILE Document #46 Proposed Order. Use the event type proposed orders, proposed stipulation and order. (km)
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Filing 44
JOINT LETTER addressed to Judge John P. Cronan from Laura-Michelle Horgan dated February 16, 2022 re: Pleadings. Document filed by Covet & Mane, LLC. (Attachments: #1 Exhibit Email).(Horgan, Laura-Michelle)
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Filing 43
AMENDED ANSWER to #38 Answer to Amended Complaint,, Counterclaim,,, #16 Answer to Complaint, Counterclaim. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on February 2, 2022. The parties shall submit a joint letter by February 16, 2022 advising the Court regarding the status of the parties meet and confer and whether the parties request that the Court set a briefing schedule on the motions to strike affirmative defenses. The parties are advised to meet and confer in good faith. (Court Reporter Sonya Moore). (mhe)
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Filing 42
NOTICE OF APPEARANCE by Robert Dan Spendlove on behalf of Invisible Bead Extensions, LLC..(Spendlove, Robert)
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Filing 41
ORDER granting #39 Motion for ROBERT SPENDLOVE to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for ROBERT SPENDLOVE to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25649453. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 40
ORDER granting #37 Letter Motion to Adjourn Conference. The parties' request is granted. The pre-motion conference scheduled for January 31, 2022 is adjourned to February 2, 2022 at 10:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. Telephone Conference set for 2/2/2022 at 10:00 AM before Judge John P. Cronan.. (Signed by Judge John P. Cronan on 1/28/2022) (kv)
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Filing 39
FIRST MOTION for ROBERT SPENDLOVE to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25649453. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Affidavit, #5 Text of Proposed Order).(MacMull, Joel)
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Filing 38
ANSWER to #29 Amended Complaint, #30 Amended Complaint with JURY DEMAND., ANSWER to #29 Amended Complaint, #30 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Covet & Mane, LLC. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 37
CONSENT LETTER MOTION to Adjourn Conference Currently Scheduled for January 31, 2022 at 1 p.m. addressed to Magistrate Judge Robert W. Lehrburger from Joel G. MacMull dated January 28, 2022. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 FIRST MOTION for Robert Spendlove to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing Notarized Affidavit/Declaration;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Robert Spendlove to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Text of Proposed Order).(MacMull, Joel) Modified on 1/27/2022 (wb).
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Filing 35
MEMO ENDORSEMENT on re: #34 Pre-Conference Statement filed by Covet & Mane, LLC. ENDORSEMENT: The parties shall appear for a conference on January 31, 2022 at 1 p.m. to discuss Defendant's anticipated motion to strike Plaintiff's affirmative defenses in Plaintiff's Amended Reply. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 1/31/2022 at 01:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/26/2022) (jca)
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Filing 34
PRE-CONFERENCE STATEMENT . Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #33 FIRST MOTION for Robert Spendlove to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Washington DC;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 33
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Robert Spendlove to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Affidavit, #2 Supplement, #3 Supplement, #4 Supplement, #5 Text of Proposed Order).(MacMull, Joel) Modified on 1/24/2022 (aea).
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Filing 32
MEMO ENDORSEMENT on re: #31 Pre-Conference Statement filed by Invisible Bead Extensions, LLC. ENDORSEMENT: Plaintiff Covet & Mane, LLC shall respond to Defendant's letter by January 25, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 1/21/2022) (jca)
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Filing 31
PRE-CONFERENCE STATEMENT in Support of Request for Pre-Motion Conference. Document filed by Invisible Bead Extensions, LLC. (Attachments: #1 Exhibit A).(MacMull, Joel)
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Filing 30
FIRST AMENDED COMPLAINT amending #1 Complaint against Invisible Bead Extensions, LLC with JURY DEMAND.Document filed by Covet & Mane, LLC. Related document: #1 Complaint..(Horgan, Laura-Michelle)
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Filing 29
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #27 Amended Complaint, against Invisible Bead Extensions, LLC with JURY DEMAND.Document filed by Covet & Mane, LLC. Related document: #27 Amended Complaint.(Horgan, Laura-Michelle) Modified on 1/10/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laura-Michelle Horgan to RE-FILE Document No. #27 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laura-Michelle Horgan to RE-FILE Document No. #29 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Filing 28
AMENDED ANSWER to #16 Answer to Complaint, Counterclaim. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 27
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Covet & Mane, LLC with JURY DEMAND.Document filed by Covet & Mane, LLC. Related document: #1 Complaint..(Horgan, Laura-Michelle) Modified on 1/10/2022 (vf).
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Filing 26
ORDER granting #25 Letter Motion for Leave to File Document. The parties' request is granted. Plaintiff shall file an amended complaint and amended answer to Defendant's counterclaims by January 7, 2022. Defendant shall respond to the amended complaint by January 28, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 12/29/21) (yv)
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Set/Reset Deadlines: Amended Pleadings due by 1/7/2022. (yv)
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Filing 25
LETTER MOTION for Leave to File Amended Complaint addressed to Judge John P. Cronan from Laura-Michelle Horgan dated December 28, 2021. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone conference held on December 21, 2021. The parties shall submit a joint status letter by December 28, 2021 advising the Court regarding Plaintiffs anticipated filing of an amended complaint and whether briefing is necessary. The Court will separately enter a Case Management Plan, and the parties shall submit a joint status letter after the completion of discovery by August 1, 2022. (No Court Reporter Present). (mhe)
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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). Settlement discussions have taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Unless a party amends a pleading as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Depositions shall be completed by 4/21/22. All motions and applications shall be governed by the Court's Individual Rules and Practices in Civil Cases. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is five days. Motions due by 1/20/2022. Deposition due by 7/25/2022. Fact Discovery due by 4/21/2022. Expert Discovery due by 7/25/2022. Discovery due by 7/25/2022. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 12/21/2021) (jca)
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Filing 23
ANSWER to #16 Counterclaim., COUNTERCLAIM against Covet & Mane, LLC. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 22
PROPOSED CASE MANAGEMENT PLAN. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 21
JOINT LETTER addressed to Judge John P. Cronan from Counsel for Plantiff and Defendant dated December 17, 2021 re: Joint Letter Pursuant to Order. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 20
ORDER: The parties have an Initial Pretrial Conference ("IPTC") scheduled on December 21, 2021. Dkt. 17. No later than seven days prior to the IPTC, the parties were ordered to submit a joint letter, not to exceed five (5) pages. The parties have not submitted the joint letter and a proposed case management plan and scheduling order, which were due on December 14, 2021. It is hereby ORDERED that the parties shall submit the joint letter and proposed case management plan and scheduling order by December 17, 2021. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 12/15/2021) (jca)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Plaintiff's unopposed request for extension of time to respond to the Counterclaims is granted. Plaintiff shall respond to Defendant's Counterclaims by December 17, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 12/15/2021) (jca)
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Set/Reset Deadlines: Covet & Mane, LLC answer due 12/17/2021. (jca)
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Filing 18
LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Laura-Michelle Horgan dated December 14, 2021. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 17
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 December 21, 2021 at 10:00 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. So Ordered. Initial Conference set for 12/21/2021 at 10:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 11/17/2021) (js)
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Filing 16
ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Covet & Mane, LLC. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 14
NOTICE OF APPEARANCE by Joel Geoffrey MacMull on behalf of Invisible Bead Extensions, LLC..(MacMull, Joel)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Invisible Bead Extensions, LLC waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Invisible Bead Extensions, LLC. (sj)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 10
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..(pc)
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Filing 9
NOTICE OF APPEARANCE by Maurice Newmark Ross on behalf of Covet & Mane, LLC..(Ross, Maurice)
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Filing 8
NOTICE OF APPEARANCE by Laura-Michelle Horgan on behalf of Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Invisible Bead Extensions, LLC, re: #1 Complaint. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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Filing 6
CIVIL COVER SHEET filed..(Horgan, Laura-Michelle)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Laura-Michelle Horgan to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): If jurisdiction is Federal Question, do not fill out citizenship of principal parties. (pc)
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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..(pc)
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Magistrate Judge Robert W. Lehrburger 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. (pc)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laura-Michelle Horgan to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Link the summons to the correctly filed Complaint (document 1);. 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 correct summons form PDF. (pc)
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Filing 5
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Horgan, Laura-Michelle)
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Filing 4
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Invisible Bead Extensions, LLC, re: #3 Complaint. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle) Modified on 9/16/2021 (pc).
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Filing 3
FILING ERROR DEFICIENT PLEADING -DUPLICATE DOCKET ENTRY -COMPLAINT against Covet & Mane, LLC. Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle) Modified on 9/16/2021 (pc).
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Horgan, Laura-Michelle) Modified on 9/16/2021 (pc).
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Filing 1
COMPLAINT against Invisible Bead Extensions, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25067233)Document filed by Covet & Mane, LLC..(Horgan, Laura-Michelle)
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