Nike, Inc. v. Stockx LLC
| Nike, Inc. |
| Stockx LLC |
| 1:2022cv00983 |
| February 3, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 119 NOTICE OF CHANGE OF ADDRESS by Megan Kathleen Bannigan on behalf of Stockx LLC. New Address: Debevoise & Plimpton LLP, 66 Hudson Boulevard, New York, New York, 10001, 212-909-6000..(Bannigan, Megan) |
Filing 118
ORDER: StockX's objections to the adequacy of the Rule 30(b)(6) witness's testimony with respect to Notice Topics 4, 12, and 13 are OVERRULED. No further deposition testimony is warranted. StockX's objections to Nike's refusal to conduct further searches of certain document repositories are OVERRULED. StockX's objections to Nike's refusal to search for certain relevant reports from the Nike Data Science Team are SUSTAINED, and Nike must produce responsive documents by January 20, 2023. StockX must produce responsive financial documents on a rolling basis and complete such production by January 20, 2023. (Signed by Magistrate Judge Sarah Netburn on 1/11/2023) (ras)
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| Filing 117 MEMO ENDORSEMENT on re: #105 Letter filed by Nike, Inc. ENDORSEMENT: The Court has reviewed in camera the two subject documents and approves Nike's redactions. (Signed by Magistrate Judge Sarah Netburn on 1/11/2023) (ras) |
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Filing 116
ORDER: Nike's objections are sustained and StockX is precluded from seeking the revenue-related discovery. (Signed by Magistrate Judge Sarah Netburn on 1/10/2023) (ras)
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| Filing 115 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/30/2022 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....(McGuirk, Kelly) |
| Filing 114 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/30/2022 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. 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 1/30/2023. Redacted Transcript Deadline set for 2/9/2023. Release of Transcript Restriction set for 4/10/2023..(McGuirk, Kelly) |
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Filing 113
ORDER granting #109 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 112
ORDER granting #106 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 111 LETTER addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated January 6, 2023 re: Status Letter (REDACTED ). Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 110 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated January 6, 2023 re: Status Letter. Document filed by Nike, Inc., Stockx LLC. (Attachments: #1 Exhibit A to Sealed Status Letter: Faris Transcript, #2 Exhibit B to Sealed Status Letter: Child Transcript)Motion or Order to File Under Seal: #109 .(Bannigan, Megan) |
| Filing 109 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated January 6, 2023. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 108 LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 6, 2023 re: status of outstanding discovery disputes (Redacted). Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 107 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 6, 2023 re: status of outstanding discovery disputes. Document filed by Nike, Inc., Stockx LLC.Motion or Order to File Under Seal: #106 .(Duvdevani, Tamar) |
| Filing 106 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 6, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 105 LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 4, 2023 re: redacted Nike production documents. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 12/30/2022. (ras) |
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Filing 104
ORDER granting #100 Letter Motion to Seal. Defendant's motion to seal is granted. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 103
ORDER granting #97 Letter Motion to Seal. Plaintiff's motion to seal is granted. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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| Filing 102 LETTER addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated December 23, 2022 re: Discovery Disputes (REDACTED). Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 101 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated December 23, 2022 re: Discovery Disputes. Document filed by Nike, Inc., Stockx LLC.Motion or Order to File Under Seal: #52 .(Bannigan, Megan) |
| Filing 100 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated December 23, 2022. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 99 LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 23, 2022 re: Nike's Position on Pending Discovery Disputes Pursuant to Dkt. 85 (Redacted). Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 98 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 23, 2022 re: Nike's Position on Pending Discovery Disputes Pursuant to Dkt. 85. Document filed by Nike, Inc., Stockx LLC.Motion or Order to File Under Seal: #97 .(Duvdevani, Tamar) |
| Filing 97 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 23, 2022. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/14/2022 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....(McGuirk, Kelly) |
| Filing 95 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/14/2022 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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 1/13/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/23/2023..(McGuirk, Kelly) |
| Filing 94 NOTICE of Withdrawal of Appearance of John David Mayberry. Document filed by Stockx LLC..(Potter, Robert) |
| Filing 93 NOTICE OF APPEARANCE by Briggs Wright on behalf of Stockx LLC..(Wright, Briggs) |
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Filing 92
ORDER granting #88 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 91 LETTER addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated 12/19/22 re: StockX's request for discovery relevant to unjust enrichment. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 90 LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 19, 2022 re: Nike's Position on Pending Discovery Dispute Pursuant to Dkt. 85 (Redacted). Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 89 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 19, 2022 re: Nike's Position on Pending Discovery Dispute Pursuant to Dkt. 85. Document filed by Nike, Inc., Stockx LLC.Motion or Order to File Under Seal: #88 .(Duvdevani, Tamar) |
| Filing 88 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 19, 2022. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 87
MEMO ENDORSEMENT on re: #86 Letter filed by Nike, Inc. ENDORSEMENT: In light of the fact that the supervision of discovery in this matter has been referred to Magistrate Judge Netburn, the parties are no longer required to submit monthly status updates on the progress of discovery. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/16/2022) (tg)
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| Filing 86 JOINT LETTER addressed to Judge Valerie E. Caproni dated December 15, 2022 re: December Discovery Update. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 85
ORDER: It is ORDERED that: By Monday, December 19, 2022, each party shall file a five-page letter identifying the information they seek for Plaintiff's unjust enrichment claim as well as an explanation of the factual and legal basis for this discovery. Prior to submitting this letter, the parties shall meet and confer to discuss this claim. By Friday, December 23, 2022, and Friday, January 6, 2023, each party shall file a status letter informing the court of any outstanding discovery disputes. A remote discovery conference to discuss the issues raised in the parties' December 23, 2022 letters is scheduled for Friday, December 30, 2022, at 9:00 a.m. At that time, the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at Rachel_Slusher@nysd.uscourts.gov. The deadline to complete fact discovery is extended until Tuesday, February 28, 2023. (Discovery Hearing set for 12/30/2022 at 09:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/15/2022) (ras)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 12/14/2022. (ras) |
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Filing 84
ORDER granting #81 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 83 LETTER addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated 12/12/22 re: /Redacted Letter re Discovery Disputes. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 82 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated 12/12/22 re: Discovery Disputes. Document filed by Nike, Inc., Stockx LLC.Motion or Order to File Under Seal: #81 .(Bannigan, Megan) |
| Filing 81 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Megan Bannigan dated 12/12/22. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 80 LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated December 12, 2022 re: Nikes Position on Pending Discovery Disputes Pursuant to Dkt. 79. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 79
DISCOVERY CONFERENCE ORDER: On December 6, 2022, the Honorable Valerie E. Caproni referred this case to my docket for all discovery disputes and any requests for an extension of the discovery schedule. Accordingly, a discovery conference to discuss the issues raised by the parties December 5, 2022 Letter Motion is scheduled for Wednesday, December 14, 2022, at 3:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The December 5 letter raises challenges to the parties discovery responses. To evaluate those objections, the parties shall deliver to the Court two well-organized copy sets of the underlying discovery disputes, including each of the discovery demands and the objections/responses. Each party may also file a five-page letter describing their position with respect to the disputes. Given the volume of individual disputes, the Court urges the parties to categorize disputes that raise common issues. These submissions shall be delivered to the Court's chambers by Monday, December 12, 2022. (Discovery Hearing set for 12/14/2022 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/9/2022) (ras)
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Filing 78
MEMO ENDORSEMENT on re: #76 Letter filed by Stockx LLC. ENDORSEMENT: By separate order, the Court will refer the parties to the assigned magistrate judge for all discovery disputes, including any requests for an extension of the discovery schedule. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/6/2022) (tg)
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Filing 77
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement and Specific Non-Dispositive Motion/Dispute: All discovery disputes and any requests for an extension of the discovery schedule. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Valerie E. Caproni on 12/6/2022) (tg)
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| Filing 76 JOINT LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan and Tamar Y. Duvdevani dated December 5, 2022 re: Pending Discovery Disputes. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/10/2022 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....(McGuirk, Kelly) |
| Filing 74 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/10/2022 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023..(McGuirk, Kelly) |
| Filing 73 JOINT LETTER addressed to Judge Valerie E. Caproni dated November 15, 2022 re: November Discovery Update. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 11/10/2022. Attorneys Marc Miller, Tamar Duvdevani and Gabrielle Velkes present for the plaintiff. Attorneys Megan Bannigan, Kathryn Saba and Hannah Beattie present for the defendant. Court Reporter Kelly Surina present. (anc) |
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Filing 72
ORDER: IT IS HEREBY ORDERED that the conference in this matter is rescheduled for Thursday, November 10, 2022, at 11:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 11/10/2022 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/9/2022) (tg)
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Filing 71
ORDER granting #70 Letter Motion to Adjourn Conference. The conference is rescheduled for 2:00 P.M. on Wednesday, November 9, 2022. SO ORDERED. Status Conference set for 11/9/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/8/2022) (tg)
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| Filing 70 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated November 8, 2022. Document filed by Stockx LLC..(Bannigan, Megan) |
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Filing 69
ORDER: IT IS HEREBY ORDERED that a conference in this matter is scheduled for Wednesday, November 9, 2022, at 11:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 11/9/2022 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
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Filing 68
ORDER: IT IS HEREBY ORDERED that the Nike, Inc. must submit a sample of the disputed documents with proposed redactions to the Court for in camera review by email to CaproniNYSDChambers@nysd.uscourts.gov no later than 5:00 P.M. on Monday, November 7, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Discovery Hearing held on 11/4/2022. Attorney Marc Miller present for the plaintiff. Attorney Christopher Ford present for the defendant. AT&T recorded. (anc) |
| Filing 67 JOINT LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated October 17, 2022 re: October Discovery Update. Document filed by Stockx LLC..(Bannigan, Megan) |
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Filing 66
ORDER: On Tuesday, April 12, 2022, the Honorable Valerie E. Caproni assigned this matter to my docket for settlement. ECF No. 12. On July 18, 2022, the parties participated in a settlement conference and have been providing regular updates on the status of settlement negotiations. On September 16, 2022, the deadline for the completion of all fact discovery was extended to January 20, 2023, and the next pretrial conference was adjourned to February 3, 2023. ECF No. 63. Accordingly, the parties are directed to contact rachel_slusher@nysd.uscourts.gov to schedule a second settlement conference, if it would be helpful. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 10/4/2022) (ras)
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Filing 65
ORDER denying #57 Letter Motion to Compel. Nike's motion to compel responses to four Request for Production is DENIED for the reasons stated in StockX's under-seal response letter. In particular, the Court finds that the information sought is largely irrelevant and highly sensitive commercial information. Nike has not established a sufficient need for the discovery, especially in light of StockX's production to date. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 64
ORDER granting #61 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 63
ORDER AMENDING CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #60 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED that, the Parties' request for an extension of the discovery period is GRANTED. The current Civil Case Management Plan and Scheduling Order is accordingly amended such that Parties' deadline for the completion of all fact discovery is January 20, 2023, and the Parties' deadline for the completion of all expert discovery is May 5, 2023. IT IS FURTHER ORDERED that the next pretrial conference is adjourned from Friday, October 28, 2022, at 10:00 A.M. to Friday, February 3, 2022, at 10:00 A.M. SO ORDERED. The parties' pretrial conference submissions, as outlined at Dkt. 25, are due no later than January 26, 2023. In light of the lengthy adjournment, future adjournment requests are unlikely to be granted absent a showing of very good cause. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/16/2022) (tg)
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| Set/Reset Deadlines: ( Expert Discovery due by 5/5/2023., Fact Discovery due by 1/20/2023.) (tg) Modified on 9/19/2022 (tg). |
| Filing 62 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated September 15, 2022 re: #57 LETTER MOTION to Compel StockX to Produce Documents Responsive to Nike Request Nos. 146-149 addressed to Judge Valerie E. Caproni from Tamar Y. Duvdevani dated September 12, 2022., #61 LETTER MOTION to Seal StockX's Response to Nike's Letter Motion to Compel addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated September 15, 2022. / StockX's Response to Nike's Letter Motion to Compel StockX to Produce Documents Responsive to Nike Request Nos. 146-149. Document filed by Stockx LLC, Nike, Inc.. Motion or Order to File Under Seal: #61 .(Bannigan, Megan) |
| Filing 61 LETTER MOTION to Seal StockX's Response to Nike's Letter Motion to Compel addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated September 15, 2022. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 60 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Joint Status Update addressed to Judge Valerie E. Caproni from Megan K. Bannigan and Tamar Y. Duvdevani dated September 15, 2022. Document filed by Stockx LLC. (Attachments: #1 Exhibit A - Proposed Order).(Bannigan, Megan) |
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Filing 59
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: For all discovery disputes until September 22, 2022 and Settlement. Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Valerie E. Caproni on 9/12/2022) (tg)
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Filing 58
MEMO ENDORSEMENT with respect to #57 Letter Motion to Compel. ENDORSEMENT: By separate order entered today, the Court will refer this discovery dispute to the magistrate judge. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/12/2022) (tg)
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| Filing 57 LETTER MOTION to Compel StockX to Produce Documents Responsive to Nike Request Nos. 146-149 addressed to Judge Valerie E. Caproni from Tamar Y. Duvdevani dated September 12, 2022. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| ***DELETED DOCUMENT. Deleted document number #59 Order of Reference. The document was incorrectly filed in this case. (tg) |
| Filing 56 NOTICE OF APPEARANCE by Melissa Anne Reinckens on behalf of Nike, Inc...(Reinckens, Melissa) |
| Filing 55 NOTICE OF APPEARANCE by Jane W. Wise on behalf of Nike, Inc...(Wise, Jane) |
| Filing 54 JOINT LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated August 15, 2022 re: August Joint Discovery Update. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 53 JOINT LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated July 15, 2022 re: July Joint Discovery Update. Document filed by Stockx LLC..(Bannigan, Megan) |
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Filing 52
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...Notwithstanding anything to the contrary in this stipulation, the parties must comply with the Undersigned's Individual Rules in the event of a discovery dispute (see Rule 3(B)) or when filing materials covered by the protective order (see Rule 5). PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/14/2022) (jca) Modified on 7/14/2022 (jca).
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| Filing 51 PROPOSED PROTECTIVE ORDER. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 50
ORDER granting #48 Letter Motion for Leave to File Excess Pages. The parties are granted an additional five pages for their ex parte settlement letters. To the extent the parties anticipate attaching voluminous exhibits, they are encourage to also submit a courtesy copy of their submission in a well-organized binder. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 49
SETTLEMENT CONFERENCE ORDER: The settlement conference currently scheduled for Monday, July 18, 2022, at 10:00 a.m. is RESCHEDULED for 2:00 p.m. that same day. The conference will be held in Courtroom 219 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10007. The parties are required to comply with the Court's most recent COVID-19 safety guidance, including courtroom and entry protocols available at: https://nysd.uscourts.gov/covid-19-coronavirus. (Settlement Conference set for 7/18/2022 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/6/2022) (ras) Modified on 7/7/2022 (ras).
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| Filing 48 JOINT LETTER MOTION for Leave to File Excess Pages and for In-Person Conference addressed to Magistrate Judge Sarah Netburn dated July 1, 2022. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 47
STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION: This Order supplements the provisions of Rules 26 and 34 concerning discovery ofelectronically stored information ("ESI"), Local Rules, and any other applicable orders and rules. This Order does not displace Rules 26 or 34 or diminish a party's obligations to search for, collect, and produce discoverable information that is kept in the ordinary course as ESI. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/2022) (ama)
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| Filing 46 PROPOSED STIPULATION AND ORDER. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #46) PROPOSED PROTECTIVE ORDER. Document filed by Nike, Inc...(Duvdevani, Tamar) Modified on 6/29/2022 (lb). |
| Filing 44 NOTICE OF APPEARANCE by Christopher Sean Ford on behalf of Stockx LLC..(Ford, Christopher) |
| Filing 43 NOTICE OF APPEARANCE by Andrew J. Peck on behalf of Nike, Inc...(Peck, Andrew) |
| Filing 42 JOINT LETTER addressed to Judge Valerie E. Caproni dated June 15, 2022 re: update the Court on the status of discovery. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 41 ANSWER to #39 Amended Complaint with JURY DEMAND. Document filed by Stockx LLC. (Attachments: #1 Exhibit A Terms and Conditions, #2 Exhibit B What are Vault NFTs, #3 Exhibit C Vault NFT Landing Page).(Bernstein, David) |
| Filing 40 NOTICE OF APPEARANCE by David H. Bernstein on behalf of Stockx LLC..(Bernstein, David) |
| Filing 39 FIRST AMENDED COMPLAINT amending #1 Complaint against Stockx LLC with JURY DEMAND.Document filed by Nike, Inc.. Related document: #1 Complaint..(Duvdevani, Tamar) |
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Filing 38
MEMO ENDORSEMENT re #36 RESPONSE to Motion; granting #31 Motion for Leave to File Document.ENDORSEMENT: Given Defendant's lack of objection, Plaintiff's motion to amend its complaint is hereby GRANTED. Plaintiff must file its First Amended Complaint on the docket by no later than Monday, May 30, 2022. The Clerk of Court is respectfully directed to close the open motion at docket entry 31. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/25/2022) (tg)
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| Filing 37 NOTICE OF APPEARANCE by Jeffrey B. Morganroth on behalf of Stockx LLC..(Morganroth, Jeffrey) |
| Set/Reset Deadlines: Amended Pleadings due by 5/30/2022. (tg) |
| Filing 36 RESPONSE to Motion re: #31 MOTION for Leave to File First Amended Complaint . / Defendant's Notice of Non-Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint. Document filed by Stockx LLC..(Bannigan, Megan) |
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter filed by Nike, Inc. ENDORSEMENT: The purpose of these joint discovery reports is to provide big picture updates so that the Court can be assured that discovery is progressing and that the parties are in a place to meet the agreed upon discovery deadlines. Although the parties should not let discovery disputes fester, the Court does not need to be made aware of potential disputes before the parties have met and conferred in good faith to attempt to resolve the dispute. At the same time, once the parties have a ripe dispute, and if they are unable to resolve it after meeting and conferring in good faith, the parties should follow Rule 3(B) of the undersigned's Individual Practices in Civil Cases in a timely manner. The Court encourages the parties to work together professionally, courteously, and collegially. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/16/2022) (tg)
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| Filing 34 JOINT LETTER addressed to Judge Valerie E. Caproni dated May 16, 2022 re: update the Court on the status of discovery. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 33 DECLARATION of Tamar Y. Duvdevani in Support re: #31 MOTION for Leave to File First Amended Complaint .. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Duvdevani, Tamar) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION for Leave to File First Amended Complaint . . Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 31 MOTION for Leave to File First Amended Complaint . Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/11/22 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....(Moya, Goretti) |
| Filing 29 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/11/2022 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300. 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 5/17/2022. Redacted Transcript Deadline set for 5/27/2022. Release of Transcript Restriction set for 7/25/2022..(Moya, Goretti) |
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Filing 28
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, July 18, 2022, at 10:00 a.m. In the weeks prior to the conference, the Court will confirm whether the conference will be held telephonically or in person. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, July 11, 2022 by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 7/18/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/21/2022) (ras)
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Filing 27
ORDER: On April 12, 2022, the Honorable Valerie E. Caproni assigned this matter to my docket for settlement. By April 19, 2022, the parties are directed to email Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference in the summer. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/12/2022) (kv)
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Filing 26
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: Magistrate Judge Netburn is directed to schedule the settlement conference for 2-3 months from the date of this order to give the parties' time to exchange some discovery. SO ORDERED. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Valerie E. Caproni on 4/12/2022) (tg)
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 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). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. The parties must submit monthly joint discovery updates on the 15 of each month, or if that date falls on a weekend or holiday, on the first business day thereafter. The first such report is due no later than Monday, May 16, 2022. This case is to be tried to a jury. Expert Deposition due by 1/15/2023. Fact Discovery due by 10/15/2022. Expert Discovery due by 1/15/2023. Pretrial Conference set for 10/28/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/11/2022) (tg)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 4/11/2022. Attorney Tamar Duvdevani present for the plaintiff. Attorney Megan Bannigan present for the defendant. Court Reporter Sonya Moore present. (anc) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter, filed by Nike, Inc.. ENDORSEMENT: Due to a conflict in the Court's calendar, the initial pretrial conference, currently scheduled for Friday, April 8, 2022 at 2:00 P.M., is adjourned to Monday, April 11, 2022 at 3:00 P.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 0983. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. SO ORDERED. ( Initial Conference set for 4/11/2022 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/4/2022) (tg)
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| Filing 23 JOINT LETTER addressed to Judge Valerie E. Caproni dated March 31, 2022 re: Letter and a proposed Case Management Plan and Scheduling Order. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - Management Plan and Scheduling Order).(Duvdevani, Tamar) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 21 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Stockx LLC. (Attachments: #1 Exhibit A - StockX Terms and Conditions of Use, #2 Exhibit B - FAQ Article - What are Vault NFTs, #3 Exhibit C - StockX NFTs Landing Page).(Bannigan, Megan) |
| Filing 20 NOTICE OF APPEARANCE by Robert Nathan Potter on behalf of Stockx LLC..(Potter, Robert) |
| Filing 19 NOTICE OF APPEARANCE by John David Mayberry on behalf of Stockx LLC..(Mayberry, John) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated 02/24/2022., #1 Complaint. Application GRANTED. SO ORDERED. Stockx LLC answer due 3/31/2022. (Signed by Judge Valerie E. Caproni on 2/24/2022) (tg)
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| Filing 17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated 02/24/2022. Document filed by Stockx LLC..(Bannigan, Megan) |
| Filing 16 NOTICE OF APPEARANCE by Kathryn Campbell Saba on behalf of Stockx LLC..(Saba, Kathryn) |
| Filing 15 NOTICE OF APPEARANCE by Justin Charles Ferrone on behalf of Stockx LLC..(Ferrone, Justin) |
| Filing 14 NOTICE OF APPEARANCE by Jyotin Hamid on behalf of Stockx LLC..(Hamid, Jyotin) |
| Filing 13 NOTICE OF APPEARANCE by Megan Kathleen Bannigan on behalf of Stockx LLC..(Bannigan, Megan) |
| Filing 12 AFFIDAVIT OF SERVICE. Stockx LLC served on 2/8/2022, answer due 3/1/2022. Service was accepted by STOCKX LLC C/O UNITED AGENT GROUP. Document filed by Nike, Inc...(Duvdevani, Tamar) |
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363- 4749, Access code 3121171#, Security code 0983. SO ORDERED. Initial Conference set for 4/8/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/4/2022) (tg)
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| Filing 10 NOTICE OF APPEARANCE by Michael Jason Fluhr on behalf of Nike, Inc...(Fluhr, Michael) |
| Filing 9 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Stockx LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 7 NOTICE OF APPEARANCE by Jared Peter Greenfield on behalf of Nike, Inc...(Greenfield, Jared) |
| Filing 6 NOTICE OF APPEARANCE by Marc Evan Miller on behalf of Nike, Inc...(Miller, Marc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to StockX LLC, re: #1 Complaint. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc...(Duvdevani, Tamar) |
| Filing 3 CIVIL COVER SHEET filed..(Duvdevani, Tamar) |
| Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Duvdevani, Tamar) |
| Filing 1 COMPLAINT against Stockx LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25682416)Document filed by Nike, Inc...(Duvdevani, Tamar) |
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