APV Trade Solution, Ltd. v. HUTTON TOYS, LLC, a New York limited liability company et al
| APV Trade Solution, Ltd. and APV Trade Solution, Ltd. doing business as Desire Deluxe |
| 18th Avenue Toys, Ltd., Yaacov Schwartz, Hutton Toys, LLC and 18th Avenue Toys LTD. |
| 1:2022cv00232 |
| January 11, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Copyright |
| 28 U.S.C. § 1331 dj Fed. Question: Declaratory Judgment |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 9/22/2022. All Fact Discovery due by 8/8/2022. Depositions to be completed by June 27, 2022. All Expert Discovery due by 9/22/2022. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 days. The next Case Management Conference set for 9/2/2022 at 10:30 AM before Judge P. Kevin Castel. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/07/2022) (ama)
|
|
Filing 31
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), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 9/22/2022. All Fact Discovery due by 8/8/2022. All Expert Discovery due by 9/22/2022. Depositions to be completed by June 27, 2022. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 days. The next Case Management Conference set for 9/22/2022 at 10:30 AM before Judge P. Kevin Castel. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/07/2022) (ama)
|
| Filing 30 LETTER addressed to Judge P. Kevin Castel from Jason S. Nardiello dated February 23, 2022 re: Joint Pretrial Conference Letter. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| Filing 29 PROPOSED CASE MANAGEMENT PLAN. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
|
Filing 28
ORDER granting #25 Motion for Christopher W. Niro to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 3/7/2022. The next Case Management Conference is scheduled for September 2, 2022 at 10:30 a.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. (Nacanther, Florence) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Christopher W. Niro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25810728. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 27 NOTICE OF APPEARANCE by Gina K. Kim on behalf of Hutton Toys, LLC..(Kim, Gina) |
| Filing 26 NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of Hutton Toys, LLC..(Patchen, Alex) |
| Filing 25 MOTION for Christopher W. Niro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25810728. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hutton Toys, LLC. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hac Vice, #2 Affidavit ISO of Motion to Admission Pro Hac Vice, #3 Letters of Good Standing IL and ARDC).(Niro, Christopher) |
| Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Hutton Toys, LLC waiver sent on 2/8/2022, answer due 4/11/2022. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
|
Filing 23
SECOND NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff, APV Trade Solution, Ltd. d/b/a Desire Deluxe and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendants 18th Avenue Toys, Ltd. and Yaacov Schwartz. So Ordered. Yaacov Schwartz (an individual), 18th Avenue Toys LTD. (a New York Limited Company) and 18th Avenue Toys, Ltd. (a New York corporation) terminated. (Signed by Judge P. Kevin Castel on 2/11/2022) (js)
|
| Filing 22 EXHIBIT TO PLEADING re: #21 Amended Complaint,. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #20 Notice of Voluntary Dismissal, was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE SECOND AMENDED COMPLAINT amending #17 Amended Complaint, against Hutton Toys, LLC with JURY DEMAND.Document filed by APV Trade Solution, Ltd.. Related document: #17 Amended Complaint. (Attachments: #1 Exhibit Valtech, LLC v. 18th Ave., #2 Exhibit Laltitude, LLC v. 18th Ave., #3 Exhibit U.S. copyright reg. no. VA0001998106).(Nardiello, Jason) Modified on 2/8/2022 (sj). |
| Filing 20 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, and without costs against the defendant(s) 18th Avenue Toys, Ltd., Yaacov Schwartz. Document filed by APV Trade Solution, Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nardiello, Jason) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Nardiello re: Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (sj) |
|
Filing 19
MEMO ENDORSEMENT: on re: #18 Letter filed by APV Trade Solution, Ltd. ENDORSEMENT: The Clerk is directed to reopen this case. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/26/2022) (ama)
|
| Filing 18 LETTER addressed to Judge P. Kevin Castel from Jason S. Nardiello dated January 26, 2022 re: Case reopening. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint against 18th Avenue Toys LTD., Hutton Toys, LLC, Yaacov Schwartz with JURY DEMAND.Document filed by APV Trade Solution, Ltd.. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit 1 - Second Amended Complaint: Valtech, LLC v. 18th Avenue Toys Ltd., #2 Exhibit Exhibit 2 - Complaint: Laltitude, LLC v. 18th Avenue Toys, LTD - complaint, #3 Exhibit Exhibit 3 - U.S. Copyright Office website printout).(Nardiello, Jason) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint, #15 Amended Complaint, against 18th Avenue Toys, Ltd., Hutton Toys, LLC, Yaacov Schwartz with JURY DEMAND.Document filed by APV Trade Solution, Ltd.. Related document: #1 Complaint, #15 Amended Complaint,. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3).(Nardiello, Jason) Modified on 1/21/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Nardiello to RE-FILE re: Document No. #16 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add party 18th Avenue Toys LTD. with party text "a New York Limited Company"; wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Hutton Toys, LLC, Yaacov Schwartz, 18th Avenue Toys LTD. added. Party added pursuant to #1 Complaint, #16 Amended Complaint,.Document filed by APV Trade Solution, Ltd.. Related document: #1 Complaint, #16 Amended Complaint,..(Nardiello, Jason) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Nardiello to RE-FILE Document No. #15 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) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #11 Amended Complaint, against Hutton Toys, LLC with JURY DEMAND.Document filed by APV Trade Solution, Ltd.. Related document: #11 Amended Complaint,. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3).(Nardiello, Jason) Modified on 1/20/2022 (pc). |
| ADD PARTY FOR PLEADING. Defendants/Respondents Hutton Toys, LLC added. Party added pursuant to #11 Amended Complaint,.Document filed by APV Trade Solution, Ltd.. Related document: #11 Amended Complaint,..(Nardiello, Jason) |
| Filing 14 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 1/16/2022 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.(km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Nardiello to RE-FILE re: Document No. #11 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; not party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Nardiello to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading; Summons Caption Error. Party names must correspond to pleading caption. 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. (vf) |
| Filing 13 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) 18th Avenue Toys, Ltd., Yaacov Schwartz. Document filed by APV Trade Solution, Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nardiello, Jason) |
| Filing 12 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Hutton Toys, LLC, re: #11 Amended Complaint,. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) Modified on 1/18/2022 (vf). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint against 18th Avenue Toys, Ltd., Yaacov Schwartz with JURY DEMAND.Document filed by APV Trade Solution, Ltd.. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3).(Nardiello, Jason) Modified on 1/18/2022 (vf). |
| 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) |
| Filing 9 CIVIL COVER SHEET filed..(Nardiello, Jason) |
| Filing 8 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Nardiello, Jason) |
|
Filing 7
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, March 7, 2022 at 11:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. As set forth herein. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. SO ORDERED.(Telephonic) Initial Conference set for 3/7/2022 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/12/2022) (ama)
|
| Filing 6 ELECTRONIC SUMMONS ISSUED as to 18th Avenue Toys, Ltd...(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Yaacov Schwartz..(pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jason Nardiello. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Nardiello. The party information for the following party/parties has been modified: APV Trade Solution, Ltd., 18th Avenue Toys, Ltd., Yaacov Schwartz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Jason Nardiello to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Nardiello. The following case opening statistical information was erroneously selected/entered: Dollar Demand $750,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc) |
| 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) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Yaacov Schwartz, re: #1 Complaint. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to 18th Avenue Toys, Ltd., re: #1 Complaint. Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
| Filing 1 COMPLAINT against 18th Avenue Toys, Ltd., Yaacov Schwartz. (Filing Fee $ 402.00, Receipt Number ANYSDC-25567647)Document filed by APV Trade Solution, Ltd...(Nardiello, Jason) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
