H. Daya International Co., Ltd. v. DO Denim, LLC et al
| H. Daya International Co., Ltd. |
| DO Denim, LLC, Reward Jean LLC, R. Siskind & Company, Inc., Salomon Murciano, Vintage Apparel Group, LLC, Richard Siskind, Only Brand, Inc., ABC Companies 1-100 and John Does 1-100 |
| 7:2016cv08668 |
| November 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Victor Marrero |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
267
ORDER granting 266 Letter Motion for Extension of Time to File. Request GRANTED. The parties shall file pretrial documents by Feb 10, 2023 or otherwise inform the Court regarding need for trial. SO ORDERED. (Signed by Judge Victor Marrero on 2/7/2023) (jca)
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Filing
265
DECISION AND ORDER granting in part and denying in part 250 MOTION in Limine to Exclude the Expert Testimony of Nancy Marino. For the reasons stated above, it is hereby ORDERED that the motion of defendants R. Siskind & Company, Inc., Vintage Apparel Group, LLC, and Richard Siskind to exclude from trial the expert report and testimony of Nancy Marino (Marino) (Dkt. No. 250) is GRANTED, in part, and DENIED, in part. The testimony and expert report of Marino is excluded. Plaintiff H. Daya International Co., Ltd. may question Marino only generally about her relevant knowledge and experience relating to the apparel industry and its practices that fall within the scope of her personal knowledge and business experience. The Clerk of Court is respectfully directed to terminate the Motion at Dkt. No 250 as resolved. SO ORDERED. (Signed by Judge Victor Marrero on 1/31/2023) (jca)
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Filing
264
ORDER: granting 262 Letter Motion for Extension of Time to File ; granting 263 Letter Motion for Extension of Time to File. Request Granted. The parties shall file all pretrial materials required by the Court's rules by February 6, 2023. SO ORDERED. (Signed by Judge Victor Marrero on 1/26/2023) (ama)
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Filing
253
ORDER The Court hereby adopts the briefing schedule on the Siskind Defendants' Motion in Limine. (See Dkt. No. 250.) Opposition briefs, if any, shall be filed on or before December 29, 2022, and Reply briefs, if any, shall be filed on or before January 5, 2023. SO ORDERED. (Replies due by 1/5/2023., Responses due by 12/29/2022) (Signed by Judge Victor Marrero on 12/21/2022) (jca)
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Filing
249
ORDER: The Court schedules a five-day jury trial commencing on February 27, 2023. The parties are directed to file pretrial submissions in accordance with the trial practices set forth in the Court's Individual Practices. SO ORDERED. (Signed by Judge Victor Marrero on 5/31/2022) (vfr)
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Filing
247
ORDER: The parties submitted a joint letter setting forth a proposed schedule for trial in August 2022 or sometime thereafter. (Dkt. No. 246.) The parties set forth various scheduling conflicts between them, and that they are only all availab le from November 3-14, 2022. (Id.) The parties' proposed schedule overlaps both Election Day and Veteran's Day, when the Court will be closed. The parties are directed to submit a new schedule for trial between January to April 2023. The parties shall submit their proposed schedule by May 27, 2022. The parties' proposed schedule should begin on a Monday and include time necessary for jury selection. SO ORDERED. (Signed by Judge Victor Marrero on 5/10/2022) (ama)
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Filing
245
ORDER granting 244 CONSENT LETTER MOTION for Extension of Time to File Parties' Proposed Trial Date Pursuant to this Court's March 31, 2022 Decision and Order [ECF 239 at p.44]. The deadline to provide the court with a proposed trial date is extended to May 9, 2022. The Court further advises that this is the second time the parties have requested an extension of this deadline on the date of the deadline itself. Section I(F) of the Court's Individual Rules state that requests for extensions should be submitted two business days prior to the scheduled deadline. The Court will consider future requests that are submitted promptly. SO ORDERED. (Signed by Judge Victor Marrero on 5/5/2022) (jca)
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Filing
243
DECISION AND ORDER denying 240 Motion for Reconsideration re; 239 Order on Motion for Summary Judgment. For the reasons stated above, it is hereby ORDERED that the motion filed by plaintiff H. Daya International Co. Ltd. (see Dkt. No. 240) for reconsideration of the Court's Order, dated March 31, 2022 (Dkt. No. 239) is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 4/29/2022) (vfr)
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Filing
242
ORDER granting 241 Letter Motion for Extension of Time to File. The time for the parties to propose a trial date is extended to May 4, 2022. (Signed by Judge Victor Marrero on 4/21/2022) (ate)
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Filing
239
DECISION AND ORDER granting in part and denying in part 182 Motion for Summary Judgment; granting in part and denying in part 191 Motion for Summary Judgment; denying 198 Motion for Summary Judgment. For the reasons stated above, it is he reby ORDERED that the motion of defendants R. Siskind & Co., Inc. ("RSC"), Vintage Apparel Group LLC ("Vintage"), and Richard Siskind for summary judgment on the claims of plaintiff H. Daya International Co., Ltd. ("H. Daya") (Dkt. 182) is DENIED in part and GRANTED in part; and it is further, ORDERED that the motion of defendants Do Denim, Reward, Only Brands, Inc., and Salomon Murciano for summary judgment on H. Daya's claims (Dkt. 191) is DENIED i n part and GRANTED in part; and it is further, ORDERED that the motion for summary judgment of H. Daya (Dkt. No. 198) is DENIED; and it is further, ORDERED that within twenty days of the entry of this Order the parties shall submit a joint letter setting forth a timeline for trial in August 2022 or thereafter. The parties shall also advise whether this case is to be tried to a jury and whether the parties would consent to proceeding to trial before the designated Magistrate Judge for this action pursuant to 28 U.S.C. § 636(c). (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 3/31/2022) (jca)
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Filing
238
DECISION AND ORDER: Because the Court did not expressly authorize the surreply to be filed, the Court respectfully directs the Clerk of Court to strike Dkt. No. 235 from the docket but retain the summary docket text for the record. If the Court determines that a surreply is needed to address arguments that the Siskind Defendants make for the first time in their reply brief, the Court will direct H. Daya to submit its surreply at that time. So Ordered. (Signed by Judge Victor Marrero on 8/19/2021) (js)
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Filing
204
ORDER granting 189 Letter Motion to Seal; granting 196 Letter Motion to Seal. Having reviewed the sealed exhibits, the Court will GRANT the request to seal Exhibit I (Dkt. No. 194-9). However, the Court is not persuaded that wholesale sealing of Exhibits L (Dkt. No. 188-13) and E (Dkt. No. 194-5) is necessary or that these documents could not be redacted to remove any identifying or sensitive personal information. Accordingly, it is hereby ORDERED that the Letter Motions (Dkt. Nos. 189, 19 6) are GRANTED in part. While Exhibit I of the declaration of Salomon Murciano (Dkt. No. 194-9) may be fully sealed, the defendants must file a redacted version of Exhibit E of the Murciano Declaration (Dkt. No. 194-5) and Exhibit L of the declaration of Galina Sosonko (Dkt. No. 189), however. (Signed by Judge Victor Marrero on 6/21/2021) (rro)
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Filing
173
ORDER: On April 5, 2021, Plaintiff's counsel filed a letter with the Court informing it of clerical errors in docketing various filings under seal. (See Dkt. No. 171.) The Court subsequently issued an order striking these documents from the rec ord and instructing counsel to refile the documents. (See Dkt. No. 172.) The prior order (Dkt. No. 172) is vacated. Counsel does not need to refile the documents. The Clerk of Court is directed to unseal the documents, lift the current restrictions on the documents, and restrict viewing access for these documents (Dkt. Nos. 166, 169, 170) to the parties only. SO ORDERED. (Signed by Judge Victor Marrero on 4/9/2021) (jca)
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Filing
112
MEMO ENDORSEMENT granting 106 Motion to Compel. ENDORSEMENT: Star Funding is directed to respond to the subpoena no later than 12/13/2019. Failure to do so may result in its being held in contempt. Counsel for Defendants is directed to serve a copy of this Order on Star Funding by overnight courier and to file proof of such service. SO ORDERED. (This resolves Dkt. 106). (Signed by Magistrate Judge Debra C. Freeman on 12/4/2019) (kv)
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