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 July 10, 2024. A more recent docket listing may be available from PACER.
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Filing 185
ORDER granting #178 Letter Motion to Compel; terminating #179 Letter Motion to Compel. Plaintiff's motion is GRANTED. The Clerk of Court is requested to terminate the motions at ECF Nos. 178 and 179. (Signed by Magistrate Judge Sarah Netburn on 8/11/2023) (ras)
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Filing 184
ORDER granting #180 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 183
ORDER granting #177 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 182
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated August 4, 2023 re: #180 LETTER MOTION to Seal StockX LLC's Response to Nike, Inc.'s Motion to Compel addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated August 4, 2023., #178 LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated August 3, 2023. / (UNDER SEAL) StockX LLC's Response to Nike, Inc.'s Motion to Compel. Document filed by Stockx LLC, Nike, Inc.. (Attachments: #1 Exhibit A - Sealed STX0774239, #2 Exhibit B - Sealed STX0774240, #3 Exhibit C - Sealed Excerpted Russ Amidon Testimony, #4 Exhibit D - Sealed NIKE0081416, #5 Exhibit E - Sealed NIKE0081414, #6 Exhibit F - Sealed Excerpted Roy Kim Testimony, #7 Exhibit I - Sealed 2022.10.05 StockX Letter to Nike)Motion or Order to File Under Seal: #180 .(Bannigan, Megan)
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Filing 181
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated August 4, 2023 re: #178 LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated August 3, 2023. / REDACTED Response to Nike, Inc.'s Motion to Compel. Document filed by Stockx LLC. (Attachments: #1 Exhibit A - Sealed STX0774239, #2 Exhibit B - Sealed STX0774240, #3 Exhibit C - Sealed Excerpted Russ Amidon Testimony, #4 Exhibit D - Sealed NIKE0081416, #5 Exhibit E - Sealed NIKE0081414, #6 Exhibit F - Sealed Excerpted Roy Kim Testimony, #7 Exhibit G - Notice of Rule 30(b)(6) Deposition of StockX, #8 Exhibit H - StockX's Responses and Objections to Nike's Fourth Set of RFPs, #9 Exhibit I - Sealed 2022.10.05 StockX Letter to Nike).(Bannigan, Megan)
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Filing 180
LETTER MOTION to Seal StockX LLC's Response to Nike, Inc.'s Motion to Compel addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated August 4, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 179
LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated August 3, 2023. Document filed by Nike, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Duvdevani, Tamar)
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Filing 178
***SELECTED PARTIES*** LETTER MOTION to Compel the Production of Documents addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated August 3, 2023. Document filed by Nike, Inc., Stockx LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #177 .(Duvdevani, Tamar)
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Filing 177
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated August 3, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 176
NOTICE OF APPEARANCE by Michael D. Hynes on behalf of Nike, Inc...(Hynes, Michael)
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Filing 175
NOTICE OF APPEARANCE by Carl Riehl on behalf of Stockx LLC..(Riehl, Carl)
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Filing 174
ORDER: On Tuesday, April 12, 2022, the Honorable Valerie Caproni assigned this matter to my docket for settlement. In light of the September 7, 2023 deadline to complete expert discovery, the parties are directed to contact Courtroom Deputy Rachel Slusher, at Rachel_Slusher@nysd.uscourts.gov, to schedule a settlement conference for a time when they believe it would be productive. Due to 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 6/29/2023) (ras)
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Filing 173
ORDER granting #172 Letter Motion to Adjourn Conference. Application GRANTED. The deadline to complete expert discovery is September 7, 2023. The pretrial conference is ADJOURNED to September 15, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties' pre-conference submissions, as described at Dkt. 158, are due on September 7, 2023. No further adjournment or extension requests will be granted absent extraordinarily good cause. SO ORDERED. Pretrial Conference set for 9/15/2023 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 6/28/2023) (jca)
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Set/Reset Deadlines: Expert Discovery due by 9/7/2023. (jca)
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Filing 172
JOINT LETTER MOTION to Adjourn Conference and Extension of Expert Discovery Deadline addressed to Judge Valerie E. Caproni dated June 27, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 171
ORDER IT IS HEREBY ORDERED that Nike's objection is SUSTAINED as to the conclusions reached by StockX when it investigated the authenticity of the shoes sold to Mr. Kim. In parting, the Court notes that the bickering in the parties' briefs, and their numerous letters to this Court, have veered toward the unprofessional in a manner unbecoming the experienced and competent counsel who are appearing in this matter. The Court expects counsel to work together professionally and collegially in the future. (And as further set forth herein.) SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/26/2023) (jca)
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Filing 170
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/7/2023 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....(McGuirk, Kelly)
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Filing 169
TRANSCRIPT of Proceedings re: CONFERNECE held on 4/7/2023 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Eve Giniger, (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 5/15/2023. Redacted Transcript Deadline set for 5/25/2023. Release of Transcript Restriction set for 7/24/2023..(McGuirk, Kelly)
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Filing 167
ORDER granting #164 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/13/2023) (tg)
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Filing 166
***SELECTED PARTIES*** RESPONSE re: #155 Objection (non-motion), #156 Objection (non-motion) . Document filed by Stockx LLC, Nike, Inc.. (Attachments: #1 Exhibit C - Sealed Pallett Transcript, #2 Exhibit D - Sealed Kim Transcript, #3 Exhibit E - Dec. 14, 2022 Sealed Court Transcript)Motion or Order to File Under Seal: #164 .(Bannigan, Megan)
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Filing 165
RESPONSE re: #155 Objection (non-motion), #156 Objection (non-motion) . Document filed by Stockx LLC. (Attachments: #1 Exhibit A - Huber Transcript, #2 Exhibit B - StockX Buyer's Promise, #3 Exhibit C - Sealed Pallett Transcript, #4 Exhibit D - Redacted Kim Transcript, #5 Exhibit E - Sealed Dec. 14, 2022 Court Transcript, #6 Exhibit F - Lopez Transcript).(Bannigan, Megan)
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Filing 164
JOINT LETTER MOTION to Seal StockX's Response to Nike Inc.'s Objection addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated April 12, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 163
MEMO ENDORSEMENT re: #160 LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated April 11, 2023 re: StockX LLC's Proposed Revised Redactions to Nike Inc.'s Objection (ECF No. 143); granting #154 Letter Motion to Seal. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/12/2023) (tg)
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Filing 162
RESPONSE re: #158 Order, Set Deadlines/Hearings,,,,,, / [Redacted] StockX LLC's Proposed Revised Redactions to Nike, Inc.'s Objection (ECF No. 143). Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 161
***SELECTED PARTIES*** RESPONSE re: #158 Order, Set Deadlines/Hearings,,,,,, / StockX LLC's Proposed Revised Redactions to Nike, Inc.'s Objection (ECF No. 143) - Redactions Highlighted. Document filed by Stockx LLC, Nike, Inc.. Motion or Order to File Under Seal: #160 .(Bannigan, Megan)
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Filing 160
LETTER addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated April 11, 2023 re: StockX LLC's Proposed Revised Redactions to Nike Inc.'s Objection (ECF No. 143). Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 168
ORDER: Nike is ORDERED to produce documents it uses, creates, or distributes that describe or identify possible "tells" of counterfeit products, even if the purpose of these materials is not to assist in an inspection by the reviewer but to trigger a more fulsome investigation by Nike. It is further ORDERED to produce the analyses described by the witnesses and the monthly reports generated by the outside vendor. The parties are ORDERED to meet and confer with respect to the ability to generate "authentication reports." If a dispute remains, the parties should notify the Court and a conference will be scheduled to discuss the matter more fully. All other relief is DENIED. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 143 & 144. (Signed by Magistrate Judge Sarah Netburn on 4/17/2023) (ras)
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Filing 159
***SELECTED PARTIES*** ORDER granting in part and denying in part #143 Letter Motion to Compel; granting in part and denying in part #144 Letter Motion to Compel. (Signed by Magistrate Judge Sarah Netburn on 4/7/2023) (ras)
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Filing 158
ORDER: IT IS HEREBY ORDERED that the parties' deadline to complete expert discovery is August 24, 2023. IT IS FURTHER ORDERED that the parties are ordered to appear for a pretrial conference on Friday, August 25, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties must submit a joint letter discussing proposed next steps, including a briefing schedule for any Daubert motions, by August 17, 2023. IT IS FURTHER ORDERED that any revised proposed redactions to Nike, Inc.'s objection, Dkt. 143, are due by Tuesday, April 11, 2023. SO ORDERED. ( Expert Discovery due by 8/24/2023., Pretrial Conference set for 8/25/2023 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 4/7/2023) (tg)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 4/7/2023. Attorneys Tamar Duvdevani, Marc Miller and Jared Greenfield present for the plaintiff. Attorneys Megan Bannigan, Kathryn Saba and Anita Kapyur present for the defendant. Court Reporter Eve Giniger present. (anc)
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Filing 157
ORDER with respect to #154 Letter Motion to Seal. StockX's response to Nike's objection is due on April 12, 2023. The parties should be prepared to discuss Nike's proposed redactions at the post-fact discovery status conference scheduled for April 7, 2023, at 10:00 A.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/5/2023) (tg) Modified on 4/5/2023 (tg). Modified on 4/6/2023 (tg).
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Set/Reset Deadlines: Responses due by 4/12/2023 (tg)
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Filing 156
Objection re: #148 Order,,,, Redacted. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 155
***SELECTED PARTIES***Objection re: #148 Order,,,, . Document filed by Nike, Inc., Stockx LLC. Motion or Order to File Under Seal: #154 .(Duvdevani, Tamar)
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Filing 154
JOINT LETTER MOTION to Seal addressed to Judge Valerie E. Caproni dated April 4, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 153
JOINT LETTER addressed to Judge Valerie E. Caproni dated March 30, 2023 re: the status of the case. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 152
ORDER granting #149 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 151
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 24, 2023 re: #144 LETTER MOTION to Compel Nike, Inc. to produce relevant documents and remedy inadequate 30(b)(6) testimony addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 21, 2023. Redacted. Document filed by Nike, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07-Redacted, #8 Exhibit 08, #9 Exhibit 09).(Duvdevani, Tamar)
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Filing 150
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 24, 2023 re: #144 LETTER MOTION to Compel Nike, Inc. to produce relevant documents and remedy inadequate 30(b)(6) testimony addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 21, 2023. . Document filed by Nike, Inc., Stockx LLC. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06 - Part 1, #7 Exhibit 06 - Part 2, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09)Motion or Order to File Under Seal: #149 .(Duvdevani, Tamar)
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Filing 149
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 24, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 148
ORDER. Plaintiff moves to compel Defendant to produce three categories of discovery. ECF No. 135. Defendant has agreed to produce further documents in response to the second category, and otherwise opposes the motion. ECF No. 140. Plaintiff's letter motion is DENIED in full, with leave to refile as to Plaintiff's second request. Plaintiff additionally seeks documents related to a particular authentication process of Defendant that was introduced in the "summer of 2022." The parties have previously stipulated to a Relevant Time Period of July 1, 2020-May 25, 2022. Accordingly, documents concerning this authentication process are outside of the agreed upon period. Plaintiff further has not established good cause to exceed this time limitation because it has not demonstrated a compelling need for this information. To the extent the parties are unable to resolve the dispute in connection with the second category of documents, Plaintiff may renew its application. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/23/23) (yv) Modified on 3/24/2023 (ras). (Main Document 148 replaced on 3/24/2023) (ras).
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Filing 147
ORDER granting #138 Letter Motion for Discovery. On February 28, 2023, the Court extended fact discovery to March 21, 2023, and expert discovery to July 14, 2023. Under prior orders, affirmative expert reports were due two weeks after the close of fact discovery. StockX requests that the Court extended and set interim deadlines in light of the current realities of the litigation. Nike opposes in part, mostly proposing a more expedited schedule for affirmative reports and a more leisurely schedule for expert depositions. The Court GRANTS StockX's proposal: affirmative expert reports shall be exchanged by May 5, 2023; rebuttal expert reports shall be exchanged by June 2, 2023; and expert depositions shall be conducted between June 5-July 14, 2023. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) Modified on 3/22/2023 (ras).
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Filing 146
ORDER granting #142 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 145
ORDER granting #139 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 144
***SELECTED PARTIES*** LETTER MOTION to Compel Nike, Inc. to produce relevant documents and remedy inadequate 30(b)(6) testimony addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 21, 2023. Document filed by Stockx LLC, Nike, Inc.. (Attachments: #1 Exhibit A - Excerpts Deposition Tr. of H. Paulson, #2 Exhibit B - Excerpts Deposition Tr. of B. Delli Carpini, #3 Exhibit C - Excerpts Deposition Tr. of L. Rizza, #4 Exhibit D - Excerpts Deposition Tr. of J. Pallett, #5 Exhibit E - 12.14.22 Conference Transcript, #6 Exhibit F - NIKE0080203, #7 Exhibit G - NIKE0080274, #8 Exhibit H - NIKE0025918)Motion or Order to File Under Seal: #142 .(Bannigan, Megan)
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Filing 143
LETTER MOTION to Compel Nike, Inc. to produce relevant documents and remedy inadequate 30(b)(6) testimony addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 21, 2023. Document filed by Stockx LLC. (Attachments: #1 Exhibit A - Excerpts Deposition Tr. of H. Paulson, #2 Exhibit B - Excerpts Deposition Tr. of B. Delli Carpini, #3 Exhibit C - Excerpts Deposition Tr. of L. Rizza, #4 Exhibit D - Excerpts Deposition Tr. of J. Pallett, #5 Exhibit E - 12.14.22 Conference Transcript, #6 Exhibit F - NIKE0080203, #7 Exhibit G - NIKE0080274, #8 Exhibit H - NIKE0025918).(Bannigan, Megan)
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Filing 142
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 21, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 141
RESPONSE re: #136 Letter, #135 Letter, /(REDACTED) Letter Opposing Nike's Motion to Compel. Document filed by Stockx LLC. (Attachments: #1 Exhibit A Hearing transcript excerpts, #2 Exhibit B Letter, #3 Exhibit C Declaration, #4 Exhibit D Transcript excerpts, #5 Exhibit E Transcript excerpts, #6 Exhibit F Letter, #7 Exhibit G Transcript excerpts).(Bannigan, Megan)
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Filing 140
***SELECTED PARTIES*** RESPONSE re: #136 Letter, #135 Letter, /Letter Opposing Nike's Motion to Compel. Document filed by Stockx LLC, Nike, Inc.. (Attachments: #1 Exhibit A Hearing transcript excerpts, #2 Exhibit B Letter, #3 Exhibit C Declaration, #4 Exhibit D Transcript excerpts, #5 Exhibit E Transcript excerpts, #6 Exhibit F Letter, #7 Exhibit G Transcript excerpts)Motion or Order to File Under Seal: #139 .(Bannigan, Megan)
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Filing 139
LETTER MOTION to Seal Response to Letter Motion to Compel addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 20, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 138
LETTER MOTION for Discovery re: Setting Interim Deadlines for Expert Discovery addressed to Magistrate Judge Sarah Netburn from Megan K. Bannigan dated March 20, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 137
ORDER granting #134 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 136
LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 15, 2023 re: Outstanding Discovery Disputes (Redacted). Document filed by Nike, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04).(Duvdevani, Tamar)
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Filing 135
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 15, 2023 re: Outstanding Discovery Disputes. Document filed by Nike, Inc., Stockx LLC. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04)Motion or Order to File Under Seal: #134 .(Duvdevani, Tamar)
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Filing 134
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated March 15, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 133
ORDER granting #132 Letter Motion to Adjourn Conference. Application GRANTED. The March 17, 2023, conference is adjourned until Friday, April 7, 2023, at 10 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties' pre-conference submissions are due on March 30, 2023. No further adjournment requests will be granted absent exceptionally good cause. SO ORDERED. Status Conference set for 4/7/2023 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 3/2/2023) (tg)
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Filing 132
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni dated March 2, 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 131
ORDER granting #130 Letter Motion for Extension of Time to Complete Discovery. The parties are reminded that they should not seek discovery extensions 24 hours from the deadline. As this is the third extension request, no further extensions will be granted. All fact discovery must be completed by March 21, 2023, and the deadline to complete expert discovery is July 14, 2023. The parties are further ordered to file a letter with Judge Caproni to seek a new date for the pretrial conference. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 130
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn dated February 27, 2023. Document filed by Nike, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Duvdevani, Tamar)
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Filing 129
ORDER granting #127 Letter Motion to Adjourn Conference. Application GRANTED. The March 3, 2023, conference is rescheduled to 10:00 A.M. on Friday, March 17, 2023, in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties' pre-conference submissions, as described at Dkt. 63, are due on March 9, 2023. SO ORDERED. Status Conference set for 3/17/2023 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 2/15/2023) (tg)
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Filing 128
ORDER: On February 14, 2023, Plaintiff requested the Court approve their proposed redactions to the December 30, 2022 conference transcript as set forth in Exhibit A of their January 30, 2023 letter. See ECF No. 123. The Court GRANTS this request. (Signed by Magistrate Judge Sarah Netburn on 2/15/2023) (ras)
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Filing 127
LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Megan K. Bannigan dated February 15, 2023. Document filed by Stockx LLC..(Bannigan, Megan)
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Filing 126
LETTER addressed to Magistrate Judge Sarah Netburn from Tamar Duvdevani dated February 14, 2023 re: requesting the Court approve Nike's proposed redactions to the Dec. 30, 2022 discovery conference transcript. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 125
ORDER granting #122 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 124
ORDER granting #121 Letter Motion for Extension of Time to File. Plaintiff's request for nunc pro tunc extension of the deadline to file notice of intent for redaction to submit its redaction request pursuant to the deadlines established in ECF Nos. 114 and 115 is GRANTED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 123
***SELECTED PARTIES***REDACTION to #121 LETTER MOTION for Extension of Time to File - Nunc Pro Tunc Extension Of Deadline To File Notice of Intent For Redaction and Redaction Request addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 30, 2023., #122 LETTER MOTION to Seal Ex A. (December 30, 2022 Transcript) addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 30. 2023. by Nike, Inc., Stockx LLCMotion or Order to File Under Seal: #122 .(Duvdevani, Tamar)
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Filing 122
LETTER MOTION to Seal Ex A. (December 30, 2022 Transcript) addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 30. 2023. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 121
LETTER MOTION for Extension of Time to File - Nunc Pro Tunc Extension Of Deadline To File Notice of Intent For Redaction and Redaction Request addressed to Magistrate Judge Sarah Netburn from Tamar Y. Duvdevani dated January 30, 2023. Document filed by Nike, Inc.. (Attachments: #1 Exhibit Plaintiff Nike, Inc.'s Notice Of Intent To Request Redaction).(Duvdevani, Tamar)
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Filing 120
ORDER: IT IS HEREBY ORDERED that the post-fact discovery conference scheduled for Friday, February 3, 2023, is adjourned until Friday, March 3, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. The parties' pre-conference submissions, as described at Dkt. 63, are due by February 23, 2023. SO ORDERED. ( Status Conference set for 3/3/2023 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 1/23/2023) (tg)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 94
NOTICE of Withdrawal of Appearance of John David Mayberry. Document filed by Stockx LLC..(Potter, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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***DELETED DOCUMENT. Deleted document number #59 Order of Reference. The document was incorrectly filed in this case. (tg)
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Filing 56
NOTICE OF APPEARANCE by Melissa Anne Reinckens on behalf of Nike, Inc...(Reinckens, Melissa)
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Filing 55
NOTICE OF APPEARANCE by Jane W. Wise on behalf of Nike, Inc...(Wise, Jane)
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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)
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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)
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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).
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Filing 44
NOTICE OF APPEARANCE by Christopher Sean Ford on behalf of Stockx LLC..(Ford, Christopher)
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Filing 43
NOTICE OF APPEARANCE by Andrew J. Peck on behalf of Nike, Inc...(Peck, Andrew)
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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)
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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)
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Filing 40
NOTICE OF APPEARANCE by David H. Bernstein on behalf of Stockx LLC..(Bernstein, David)
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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)
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Set/Reset Deadlines: Amended Pleadings due by 5/30/2022. (tg)
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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)
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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)
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Filing 32
MEMORANDUM OF LAW in Support re: #31 MOTION for Leave to File First Amended Complaint . . Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 31
MOTION for Leave to File First Amended Complaint . Document filed by Nike, Inc...(Duvdevani, Tamar)
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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)
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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)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stockx LLC..(Bannigan, Megan)
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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)
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Filing 20
NOTICE OF APPEARANCE by Robert Nathan Potter on behalf of Stockx LLC..(Potter, Robert)
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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)
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Filing 16
NOTICE OF APPEARANCE by Kathryn Campbell Saba on behalf of Stockx LLC..(Saba, Kathryn)
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Filing 15
NOTICE OF APPEARANCE by Justin Charles Ferrone on behalf of Stockx LLC..(Ferrone, Justin)
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Filing 14
NOTICE OF APPEARANCE by Jyotin Hamid on behalf of Stockx LLC..(Hamid, Jyotin)
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Filing 13
NOTICE OF APPEARANCE by Megan Kathleen Bannigan on behalf of Stockx LLC..(Bannigan, Megan)
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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)
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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)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Stockx LLC. (vf)
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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)
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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)
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Case Designated ECF. (vf)
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Filing 7
NOTICE OF APPEARANCE by Jared Peter Greenfield on behalf of Nike, Inc...(Greenfield, Jared)
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Filing 6
NOTICE OF APPEARANCE by Marc Evan Miller on behalf of Nike, Inc...(Miller, Marc)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to StockX LLC, re: #1 Complaint. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc...(Duvdevani, Tamar)
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Filing 3
CIVIL COVER SHEET filed..(Duvdevani, Tamar)
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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)
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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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