Nervora Fashion, Inc. v. Advance Magazine Publishers Inc.
| Nervora Fashion, Inc. |
| Advance Magazine Publishers Inc. |
| 1:2024cv04805 |
| June 24, 2024 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Contract: Other |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
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This docket was last retrieved on August 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 LETTER addressed to Judge Ronnie Abrams from Kristen C. Rodriguez dated August 21, 2024 re: further support of Conde Nast's August 14, 2024 letter motion requesting that the Court permit certain documents that Nervora Fashion, Inc. (Nervora) filed under seal to be unsealed with minimal redactions, and to preserve some of the redactions Nervora originally made on unsealed documents (Unsealing Motion). ECF No. 40. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 47 DECLARATION of Shashi Menon in Support re: #45 MOTION for Preliminary Injunction {Redacted Version]. MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2).. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit C [Redacted], #2 Exhibit D [Redacted], #3 Exhibit E [Redacted], #4 Exhibit F [Redacted], #5 Exhibit G [Redacted]).(Rodriguez, Kristen) |
| Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION for Preliminary Injunction {Redacted Version]. MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2). [Redacted Version]. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 45 MOTION for Preliminary Injunction {Redacted Version]., MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2). Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Rodriguez, Kristen) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 44 ***SELECTED PARTIES***DECLARATION of Shashi Menon in Support re: #42 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2)... Document filed by Advance Magazine Publishers Inc., Nervora Fashion, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G)Motion or Order to File Under Seal: #41 .(Rodriguez, Kristen) |
| Filing 43 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #42 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2).. . Document filed by Advance Magazine Publishers Inc., Nervora Fashion, Inc.. Motion or Order to File Under Seal: #41 .(Rodriguez, Kristen) |
| Filing 42 ***SELECTED PARTIES*** MOTION for Preliminary Injunction ., MOTION for Temporary Restraining Order Proposed redactions to Petitioners Motion for a Preliminary Injunction and accompanying exhibits (ECF 11, 11-1, 11-2).. Document filed by Advance Magazine Publishers Inc., Nervora Fashion, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #41 .(Rodriguez, Kristen) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 41 LETTER MOTION for Leave to File redacted versions of previously sealed documents addressed to Judge Ronnie Abrams from Kristen C. Rodriguez dated August 14, 2024. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
Filing 40
MEMO ENDORSEMENT on re: #39 Letter filed by Advance Magazine Publishers Inc.. ENDORSEMENT: The parties shall file the appropriate application no later than August 14, 2024. SO ORDERED. ( Motions due by 8/14/2024.) (Signed by Judge Ronnie Abrams on 7/24/2024) (tg)
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| Filing 39 LETTER addressed to Judge Ronnie Abrams from Kristen C. Rodriguez dated July 19, 2024 re: sealed and redacted documents. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 7/2/2024 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 37 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 7/2/2024 before Judge Ronnie Abrams. Court Reporter/Transcriber: George Malinowski, (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 8/2/2024. Redacted Transcript Deadline set for 8/12/2024. Release of Transcript Restriction set for 10/10/2024..(McGuirk, Kelly) |
| Filing 36 MEMO ENDORSEMENT re: #35 LETTER addressed to Judge Ronnie Abrams from Lacy H. Koonce III dated 7/1/2024 re: Request that the Court strike the earlier filings (ECF Nos. 28-33), and permit Nervora to file unredacted versions of its Memorandum and Supplemental Declaration. Document filed by Nervora Fashion, Inc; denying as moot #30 Letter Motion to Seal. ENDORSEMENT: Plaintiff Nervora Fashion, Inc. filed a redacted Reply Memorandum (ECF No. 28) and Supplemental Declaration (ECF No. 29) without prior leave from the Court. To address the parties' request, the Court respectfully directs the Clerk of Court to strike Document Nos. 28 and 29 from the docket but retain the summary docket text for the record. Plaintiff then filed unredacted versions of the Reply Memorandum (ECF No. 31) and Supplemental Declaration (ECF No. 32) accessible only to "Selected Parties." The Court thus respectfully directs the Clerk of Court to modify the viewing level of these documents to "Public." Lastly, the Clerk of Court is respectfully directed to close the motion pending at ECF No. 30 as it is now moot. (Signed by Judge Ronnie Abrams on 7/3/2024) (tg) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 7/2/2024 re: #1 Petition (Other), filed by Nervora Fashion, Inc. (Court Reporter George Malinowski) (arc) |
| Filing 35 LETTER addressed to Judge Ronnie Abrams from Lacy H. Koonce III dated 7/1/2024 re: Request that the Court strike the earlier filings (ECF Nos. 28-33), and permit Nervora to file unredacted versions of its Memorandum and Supplemental Declaration. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 34 DECLARATION of Shashi Menon in Support re: #30 LETTER MOTION to Seal Unredacted Reply Brief and Supplemental Declaration of Shashi Menon addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated July 1, 2024., #5 Proposed Order to Show Cause With Emergency Relief, #33 Reply Memorandum of Law in Support,. Document filed by Nervora Fashion, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Koonce, Lacy) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #30 LETTER MOTION to Seal Unredacted Reply Brief and Supplemental Declaration of Shashi Menon addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated July 1, 2024., #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 32 ***SELECTED PARTIES***DECLARATION of Shashi Menon in Support re: #30 LETTER MOTION to Seal Unredacted Reply Brief and Supplemental Declaration of Shashi Menon addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated July 1, 2024., #5 Proposed Order to Show Cause With Emergency Relief, #28 Reply Memorandum of Law in Support. Document filed by Nervora Fashion, Inc., Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #30 .(Koonce, Lacy) |
| Filing 31 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #30 LETTER MOTION to Seal Unredacted Reply Brief and Supplemental Declaration of Shashi Menon addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated July 1, 2024., #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nervora Fashion, Inc., Advance Magazine Publishers Inc.. Motion or Order to File Under Seal: #30 .(Koonce, Lacy) |
| Filing 30 LETTER MOTION to Seal Unredacted Reply Brief and Supplemental Declaration of Shashi Menon addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated July 1, 2024. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 29 ***STRICKEN DOCUMENT. Document number #29 has been stricken from the case record. The document was stricken from this case pursuant to #36 Order . FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #32 Declaration) - DECLARATION of Shashi Menon in Support re: #5 Proposed Order to Show Cause With Emergency Relief, #28 Reply Memorandum of Law in Support. Document filed by Nervora Fashion, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Koonce, Lacy) Modified on 7/1/2024 (db). As per ECF-ERROR Email Correspondence Received on 7/1/2024 @ 12:29pm. Modified on 7/3/2024 (tg). |
| Filing 28 ***STRICKEN DOCUMENT. Document number #28 has been stricken from the case record. The document was stricken from this case pursuant to #36 Order . FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #31 Reply Memorandum) - REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nervora Fashion, Inc. (Koonce, Lacy) Modified on 7/1/2024 (db). As per ECF-ERROR Email Correspondence Received on 7/1/2024 @ 12:29pm. Modified on 7/3/2024 (tg). |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advance Publications, Inc. for Advance Magazine Publishers Inc.. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 26 DECLARATION of Kristen C. Rodriguez in Opposition re: #12 Memorandum of Law in Support,. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit A).(Rodriguez, Kristen) |
| Filing 25 DECLARATION of Christiane Mack in Opposition re: #12 Memorandum of Law in Support,. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Kristen C. Rodriguez to RE-FILE Document No. #23 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #12 Memorandum of Law in Support, Memorandum of Law in Opposition to the Petitioner's Motion for Preliminary Injunction. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 23 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Advance Magazine Publishers Inc...(Rodriguez, Kristen) Modified on 6/28/2024 (lb). |
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by Nervora Fashion, Inc.. ENDORSEMENT: Application granted. Should the evidentiary hearing be necessary, it will take place at 10:00 a.m. on June 18, 2024. Both the evidentiary hearing and the oral argument scheduled for July 2, 2024 at 2 p.m. will take place at the Thurgood Marshall Courthouse, 40 Foley Square, Courtroom 1506, New York, NY 10007. SO ORDERED. ( Discovery due by 7/11/2024., Responses due by 7/15/2024, Replies due by 7/14/2024., Evidentiary Hearing set for 6/18/2024 at 10:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams., Oral Argument set for 7/2/2024 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/27/2024) (tg)
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| Filing 21 JOINT LETTER addressed to Judge Ronnie Abrams from Lacy H. Koonce, III dated June 26, 2024 re: Schedule for Preliminary Injunction Briefing and Hearings. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
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Filing 20
ORDER: As discussed during todays conference, no later than June 26, 2024, the parties shall jointly file a letter proposing a date and time for oral argument on whether Petitioner would suffer irreparable harm without a preliminary injunction and whether limited discovery is warranted. Additionally, the parties shall propose a date and time for an evidentiary hearing on Petitioners likelihood of success on the underlying merits. Lastly, in the letter, the parties shall also propose a briefing schedule for any opposition to the pending motion, as well as a reply. SO ORDERED. (HEREBY ORDERED by Judge Ronnie Abrams) (Text Only Order) (arc)
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Filing 19
ORDER: A scheduling conference will take place today, June 25, 2024, at 3:30 p.m. Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. (HEREBY ORDERED by Judge Ronnie Abrams) (Text Only Order) (arc)
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| Filing 18 NOTICE OF APPEARANCE by Kristen C. Rodriguez on behalf of Advance Magazine Publishers Inc...(Rodriguez, Kristen) |
| Filing 17 LETTER MOTION to Seal Unredacted Petition, Memorandum of Law, Declaration of Shashi Menon and certain Exhibits thereto addressed to Judge Katherine Polk Failla from Lacy H. Koonce, III dated June 24, 2024. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 16 NOTICE OF APPEARANCE by Rebecca Hughes Parker on behalf of Advance Magazine Publishers Inc...(Parker, Rebecca) |
| Filing 15 DECLARATION of Shashi Menon in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Nervora Fashion, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Koonce, Lacy) |
| Filing 14 CIVIL COVER SHEET filed..(Koonce, Lacy) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lacy Herman Koonce. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (jgo) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lacy Herman Koonce to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(jgo) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 6/25/2024. (arc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (jgo) |
| Filing 13 ***SELECTED PARTIES***DECLARATION of Shashi Menon in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Nervora Fashion, Inc., Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Motion or Order to File Under Seal: #10 .(Koonce, Lacy) |
| Filing 12 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nervora Fashion, Inc., Advance Magazine Publishers Inc.. Motion or Order to File Under Seal: #10 .(Koonce, Lacy) |
| Filing 11 ***SELECTED PARTIES***REDACTION to #5 Proposed Order to Show Cause With Emergency Relief [Petition] by Nervora Fashion, Inc., Advance Magazine Publishers Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #10 .(Koonce, Lacy) |
| Filing 10 LETTER MOTION to Seal Unredacted Petition, Memorandum of Law, Declaration of Shashi Menon and certain Exhibits thereto addressed to Judge Katherine Polk Failla from Lacy H. Koonce, III dated June 24, 2024. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 9 LETTER addressed to Judge Katherine Polk Failla from Lacy H. Koonce, III dated June 24, 2024 re: Temporary Restraining Order Schedule. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 8 DECLARATION of Edward Klaris in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Nervora Fashion, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Koonce, Lacy) |
| Filing 7 DECLARATION of Shashi Menon in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Nervora Fashion, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Koonce, Lacy) |
| Filing 6 BRIEF re: #5 Proposed Order to Show Cause With Emergency Relief for Preliminary Injunction, Temporary Restraining Order and Expedited Discovery in Aid of Arbitration. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nervora, Inc. for Nervora Fashion, Inc.. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Advance Magazine Publishers Inc., re: #1 Petition (Other),. Document filed by Nervora Fashion, Inc...(Koonce, Lacy) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Koonce, Lacy) Modified on 6/25/2024 (jgo). |
| Filing 1 PETITION FOR PRELIMINARY INJUNCTION, TEMPORARY RESTRAINING ORDER AND EXPEDITED DISCOVERY IN AID OF ARBITRATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-29525667).Document filed by Nervora Fashion, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Koonce, Lacy) |
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| Plaintiff: Nervora Fashion, Inc. | |
| Represented By: | Lacy Herman Koonce, III |
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| Defendant: Advance Magazine Publishers Inc. | |
| Represented By: | Rebecca Hughes Parker |
| Represented By: | Kristen C. Rodriguez |
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