Willis v. Sixuvus, Ltd. et al
| Karen L. Willis and Karen Willis |
| Andrew Pacho, Universal Attractions Agency, Inc., Facebook, Inc., Mewes Entertainment Group, Scraton Cultural Center, William Whitefield, Pennsylvania Horticultural Society, Alexander Briley, James F. Newman, Red Entertainment Agency, Eric Anzalone, Felipe Rose, Sixuvus, Ltd., Raymond Simpson, Texan Theater and Celebrity Direct Entertainment |
| 7:2019cv04354 |
| May 14, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Cathy Seibel |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2019. A more recent docket listing may be available from PACER.
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Filing 45
NOTICE OF VOLUNTARY DISMISSAL OF COMPLAINT: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, Karen L. Willis, hereby gives notice that the above-captioned action is voluntarily dismissed, in its entirety, and as to each defendant without prejudice. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 6/20/2019) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #44 Notice of Voluntary Dismissal was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (km) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Preliminary Injunction Hearing held on 6/18/2019. The Court hears Plaintiff's case as to the Preliminary Injunction. The Court directs the parties to put together a brief regarding two specifics issues: (1) whether Plaintiff has shown standing and (2) whether the Court should allow Plaintiff to supplement the issue. Plaintiff's brief to be submitted by July 15, 2019; Defendants' opposing brief due August 15, 2019; Plaintiff's reply due August 26, 2019. See transcript. (Court Reporter Angela O'Donnell) (wc) |
| Filing 44 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Karen Willis, Eric Anzalone, Alexander Briley, Celebrity Direct Entertainment, Facebook, Inc., Mewes Entertainment Group, James F. Newman, Andrew Pacho, Pennsylvania Horticultural Society, Red Entertainment Agency, Felipe Rose, Scraton Cultural Center, Raymond Simpson, Sixuvus, Ltd., Texan Theater, Universal Attractions Agency, Inc., William Whitefield. Document filed by Karen Willis. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Willis, Karen) |
| Filing 43 NOTICE of DVD EVIDENCE re: #37 Affidavit in Support of Motion. Document filed by Karen Willis. (Willis, Karen) |
| Filing 42 MEMO ENDORSEMENT on re: #40 Letter filed by Sixuvus, Ltd. ENDORSEMENT: I understand that Defendants will not have had a lot of time to review Plaintiff's affidavit of direct testimony, but they will have had way more time than they would have had in an ordinary P.I. hearing. I required the affidavit to level the playing field from Ms. Willis's failure to identify herself as a witness and provide a brief summary of her testimony, but to give Defendants more than a week to prepare their cross, when in a typical P.I. hearing they would have no time, would tilt the field the other way. Defendants shall cross Ms. Willis tomorrow as scheduled, and the evidentiary record on Plaintiff's case relating to the motion will be closed. If Defendants thereafter wish to call witnesses, we will discuss the schedule for their affidavits and testimony tomorrow. If not, we will schedule briefing and proposed findings of fact and conclusions of law. (Signed by Judge Cathy Seibel on 6/17/2019) (mro) |
| Filing 41 MEMO ENDORSEMENT on re: #39 Memo Endorsement. ENDORSEMENT: The record shall reflect that my law clerk, at 5:31 pm on 6/14/19, emailed this endorsement to the parties. (Signed by Judge Cathy Seibel on 6/17/2019) (mro) |
| Filing 40 LETTER addressed to Judge Cathy Seibel from Sarah M. Matz dated June 17, 2019 re: pursuant to June 14, 2019 Order. Document filed by Sixuvus, Ltd..(Matz, Sarah) |
| Filing 38 NOTICE of AMENDMENT TO THE DECLARATION OF KAREN L. WILLIS re: #37 Affidavit in Support of Motion. Document filed by Karen Willis. (Willis, Karen) |
| Filing 37 AFFIDAVIT of KAREN L. WILLIS in Support re: #9 MOTION for Temporary Restraining Order .. Document filed by Karen Willis. (Attachments: #1 Exhibit A-I TO THE AFFIDAVIT OF KAREN L. WILLIS)(Willis, Karen) |
| Filing 39 MEMO ENDORSEMENT on re: #35 Letter filed by Karen Willis. ENDORSEMENT: I am happy to take Mr. Delman's direct testimony by affidavit, but he must appear in person to be cross-examined. Because the description of his direct testimony is bare-bones, Ms. Willis should submit his affidavit of direct testimony at the same time she submits her own. She must also provide his resume or curriculum vitae immediately. After receiving the affidavits, Defendants shall advise the Court by 10 am on June 17 as to their position with respect to whether they wish to proceed on Tuesday, postpone the hearing or seek to preclude Mr. Delman. (Signed by Judge Cathy Seibel on 6/14/2019) (mro) |
| Filing 36 LETTER addressed to Judge Cathy Seibel from KAREN L. WILLIS dated 06/14/2019 re: CURRICULUM VITAE. Document filed by Karen Willis. (Attachments: #1 Exhibit Curriculum Vitae, JOEL DELMAN, #2 Exhibit Curriculum Vitae, ROB WALLACE)(Willis, Karen) |
| Filing 35 LETTER addressed to Judge Cathy Seibel from KAREN L. WILLIS re: Expert Witness Disclosures. Document filed by Karen Willis.(Willis, Karen) |
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Filing 34
ORDER granting in part and denying in part #33 Motion for Reconsideration: I do not understand, if Ms. Willis intended to testify as a fact witness, why her June 11 disclosure said that apart from an expert, "no other witnesses are expect[ed] to be called." I also do not understand, if she intended to testify, why she did not provide the required brief summary of her testimony. The bullet points in her "outline of the hearing" are not a summary of testimony; they are a list of arguments Plaintiff intends to make in her capacity as her own lawyer. But if she intended to testify as a fact witness, she was obligated to describe the subjects her testimony would cover. To be clear, "Sixuvus Passing Off the Kings of Disco as Village People," or "Why the Sixuvus Trademark Application is Fraudulent" are arguments; fact witness testimony is "On X date at Y place I observed Z," or "On X date with Y person I had the following conversation:...." Whatever evidence Ms. Willis intends to introduce into the record beyond the exhibits already attached to her TRO application remains a mystery on Friday even though it was supposed to be summarized on Tuesday. In order to allow for an orderly hearing, Ms. Willis shall file an affidavit of her direct testimony by 9 am on June 16. This is a procedure the parties will find in my Individual Practices for bench trials. Instead of providing her direct testimony live, Ms. Willis will put the facts to which she would testify on direct into a sworn affidavit, and then she will be cross-examined live on Tuesday. If Defendants thereafter wish to put on witnesses, they will not be required to do so on Tuesday (given that instead of a week's notice as to Plaintiff's case, they will only have had essentially one business day), and their directs will also be by affidavit provided in advance. If upon reflection Ms. Willis does not wish to provide fact testimony, and if she is not calling the expert, there will be no need for the live hearing and I will set a schedule for briefing on the P.I. motion. (By the way, due to the Clerk's Office's delay in docketing my most recent order, it went up at 4:49 pm yesterday and mentioned a 5 pm deadline. Because that did not provide sufficient time, Ms. Willis may have until 1 pm New York time to make her expert disclosure if she wishes.) (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 33 MOTION for Reconsideration re; #32 Memo Endorsement,,,, . Document filed by Karen Willis.(Willis, Karen) |
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter filed by Karen Willis. ENDORSEMENT: Ms. Willis should by all means make her expert disclosure (name, resume and brief description of testimony) by 5 pm today. Perhaps the expert was able to accomplish more in a few days than I anticipated. But if there will not be live testimony from an expert, and given that no other witnesses were identified, there would simply be no need for a live hearing. I understand that Plaintiff intends to rely on the exhibits submitted in support of the TRO, and the parties will have the opportunity to make in writing whatever arguments they wish to make based on those exhibits. I am sure Ms. Willis understands that what lawyers or pro se litigants say in opening statements, summations or argument is not evidence, and her outline (Doc. 25 Ex. A) was an outline of argument, not evidence. And she did not identify herself as a witness. So if the expert is not going to testify, I don't see what there would be do to in person at a hearing, and we should go right to briefing, which would have occurred post-hearing anyway. SO ORDERED. (Signed by Judge Cathy Seibel on 6/13/2019) (mml)
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| Filing 31 LETTER addressed to Judge Cathy Seibel from KAREN L. WILLIS dated 06/13/2019 re: Clarification. Document filed by Karen Willis.(Willis, Karen) |
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Filing 30
ENDORSED LETTER addressed to Judge Cathy Seibel from Karen L. Willis dated 6/11/2019 re: Your honor may be unaware that the first two hit Village People albums were recorded by Victor Willis with use of professional background singers before Village People was even put together. Victor Willis is Village People. ENDORSEMENT: This letter was emailed to the Court on June 11, 2019 at 4:26 pm with the subject line "Confidential Letter of Concern." Ms. Willis ought to know that ex parte contact with the Court on substantive matters is only permitted under extraordinary circumstances, which are not present here. She should know this because she has a law degree, and even if she didn't, anyone can understand that simple fairness requires that substantive communication with the Court to be copied to all parties. It is one thing to call chambers about a scheduling or administrative matter; it is another to make arguments or try to persuade the Court without the other side knowing. I can only imagine how Ms. Willis would react if Defendants were privately advocating their positions to the Court. This had better not happen again. SO ORDERED. (Signed by Judge Cathy Seibel on 6/13/2019) (mml)
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| Filing 29 ENDORSED LETTER addressed to Judge Cathy Seibel from Karen L. Willis dated 6/12/2019 re: Plaintiff in the case of Willis v. Sixuvus. In response to the Sixuvus counsel letter to the court, Ms Matz seems rather nervous about my presentation of evidence during the upcoming preliminary injunction hearing. ENDORSEMENT: Please be advised that the chambers email box is for copies of letters filed on ECF. Only if there is an extraordinary circumstance justifying ex parte contact with the Court may a party email a letter without also filing it on the ECF system. And the email box is be used only to attach PDFs; a direct email to the Court is not permitted. (Signed by Judge Cathy Seibel on 6/13/2019) (rj) |
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Filing 28
MEMO ENDORSEMENT on re: #25 Letter, filed by Sixuvus, Ltd. ENDORSEMENT: I did not address Plaintiff's email disclosure (which should have been via an e-filed letter) at the time, because I am dubious that she will in fact be able to come up with an expert. It is hard to imagine that any expert worth his or her salt would feel prepared to testify on public confusion having had only a few days to work on the matter. I will wait to see if Plaintiff in fact comes up with anyone by 5 pm today. If she does not, there will be no occasion for further evidence, as Plaintiff did not name any other potential witness (including herself). In that event I will consider the exhibits already submitted, and may allow briefing, the schedule for which will be set tomorrow. If Plaintiff comes up with a name but not sufficient information for Defendants to prepare to meet the testimony, the testimony will be precluded and we will proceed as if Plaintiff had not come up with a name. If Plaintiff comes up with a name and sufficient information for Defendants to prepare to meet the testimony, I will determine whether to postpone the hearing or preclude the witness. Plaintiff knew well in advance of anybody else that she would be seeking a preliminary injunction, and the parties were informed by the Court that any hearing would be on short string following my consideration of the TRO. I scheduled the PI hearing when I did in part because Plaintiff claims she is suffering irreparable harm and I wanted to give her an opportunity to prove it. If she did not do the preparation necessary to present her case at a PI hearing, that is no reason for Defendants to be disadvantaged. Obviously Defendants' deadline to name its witnesses is stayed, because they have not yet received anything to respond to. SO ORDERED. (Signed by Judge Cathy Seibel on 6/13/2019) (mml)
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Filing 27
NOTICE OF VOLUNTARY DISMISSAL: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, Karen L. Willis, hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against the following Defendants: Universal Attractions Agency; Texan Theater; and Pennsylvania Horticultural Society. SO ORDERED. Universal Attractions Agency, Inc., Pennsylvania Horticultural Society and Texan Theater terminated. (Signed by Judge Cathy Seibel on 6/13/2019) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #26 Notice of Voluntary Dismissal was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (km) |
| Filing 26 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Pennsylvania Horticultural Society, Texan Theater, Universal Attractions Agency, Inc.. Document filed by Karen Willis. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Willis, Karen) |
| Filing 25 LETTER addressed to Judge Cathy Seibel from Sarah M. Matz dated June 12, 2019 re: to preclude Plaintiff from utilizing unnamed expert, deny Plaintiff's preliminary injunction motion, and vacate Defendants' June 13, 2019 deadline. Document filed by Sixuvus, Ltd.. (Attachments: #1 Exhibit A)(Matz, Sarah) |
| Filing 24 NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Sixuvus, Ltd.. (Adelman, Gary) |
| Filing 23 NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Sixuvus, Ltd.. (Matz, Sarah) |
| Filing 22 TRANSCRIPT of Proceedings re: Conference held on 6/10/2019 before Judge Cathy Seibel. Court Reporter/Transcriber: Sabrina D'Emidio, (914) 390-4053. 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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(D'Emidio, Sabrina) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 06/10/2019 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...(D'Emidio, Sabrina) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 6/10/2019. For the reasons stated on the record, the Court declines to sign Plaintiff's Proposed Temporary Restraining Order. The Court directs Plaintiff by June 11, 2019 at 5:00 p.m. to identify what witnesses that she intends to call and provide a brief description of what they will be talking about via letter to the Court. The Court directs Defendant Sixuvus, Ltd by June 13, 2019 at 5:00 p.m. to identify what witnesses that they intend to call and provide a brief description of what they will be talking about via letter to the Court. The Court also directs Plaintiff to turn over marked hearing exhibits to the Defendant(s) by June 13, 2019 at 10:00 a.m. (Eastern Standard Time) Two courtesy copies of Plaintiff's marked exhibits should be sent to Chambers (via the Clerk's Office) when Plaintiff turns them over to Defendant. The Court grants Plaintiff leave to amend the Complaint. Amended Complaint to be submitted by June 28, 2019. Defendants' Facebook, Inc. and Pennsylvania Horticultural Society Motion to Dismiss to be submitted by August 12, 2019; Plaintiff's opposition due September 22, 2019; Defendants' reply due October 6, 2019. Any other Defendants can submit a pre-motion letter if seeking to file a Motion. The Court also directs that Defendant(s) Facebook, Inc. and Pennsylvania Horticultural Society are not required to attend the June 18th Evidentiary hearing. See transcript. (Evidentiary Hearing set for 6/18/2019 at 09:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Sabrina D'Emidio) (wc) |
| Filing 20 REPLY to Response to Motion re: #9 MOTION for Temporary Restraining Order . REPLY TO FACEBOOK OPPOSITION. Document filed by Karen Willis. (Willis, Karen) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION for Temporary Restraining Order . RE SIXUVUS DEFENDANTS. Document filed by Karen Willis. (Willis, Karen) |
| Filing 18 L RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Facebook, Inc..(Binns, Micheal) |
| Filing 17 RESPONSE in Opposition to Motion re: #9 MOTION for Temporary Restraining Order . . Document filed by Facebook, Inc.. (Binns, Micheal) |
| Filing 16 RESPONSE in Opposition to Motion re: #9 MOTION for Temporary Restraining Order . Letter Response Outline. Document filed by Eric Anzalone, Alexander Briley, James F. Newman, Felipe Rose, Raymond Simpson, Sixuvus, Ltd., William Whitefield. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Matz, Sarah) |
| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION for Temporary Restraining Order . RE Pennsylvania Horticultural Society. Document filed by Karen Willis. (Willis, Karen) |
| Filing 14 MOTION for Attachment Missing Exhibits Due to Scan Error . Document filed by Karen Willis.(Willis, Karen) |
| Filing 13 NOTICE OF APPEARANCE by Jacquelyn Nicole Schell on behalf of Pennsylvania Horticultural Society. (Schell, Jacquelyn) |
| Filing 12 RESPONSE in Opposition to Motion re: #9 MOTION for Temporary Restraining Order . . Document filed by Pennsylvania Horticultural Society. (Schell, Jacquelyn) |
| Filing 11 NOTICE OF APPEARANCE by Micheal Lloyd Binns on behalf of Facebook, Inc.. (Binns, Micheal) |
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Filing 10
ORDER: I will hear the parties on Monday, June 10, 2019, at 10 a.m. as to whether a temporary restraining order should be entered pending Plaintiff's application for a preliminary injunction. The parties are to appear in person. Plaintiff is directed to serve a copy of this order, and all the papers underlying her application, to all parties by tomorrow, June 6, 2019, at 12 p.m. Any party opposing the application should file written opposition by June 8, 2019, at 5 p.m. On Monday we will schedule the preliminary injunction hearing, which the parties should expect to occur in short order.SO ORDERED. (Status Conference set for 6/10/2019 at 10:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 6/5/2019) (jca)
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| Filing 9 MOTION for Temporary Restraining Order . Document filed by Karen Willis. (Attachments: #1 Exhibit Exhibits 1-19 In support of TRO, #2 Affidavit Declaration of Sal Michaels, #3 Affidavit Declaration of Karen Willis, #4 Text of Proposed Order In Support of TRO)(Willis, Karen) |
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter filed by Karen L. Willis. ENDORSEMENT: Application granted. The Clerk of Court shall extend ECF filing privileges to Ms. Willis for purposes of this case. SO ORDERED. (Signed by Judge Cathy Seibel on 5/31/2019) (mml)
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| Filing 7 LETTER addressed to Judge Cathy Seibel from Karen L. Willis, J.D. dated 5/29/19 re: LETTER MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. Document filed by Karen L. Willis.(sbr) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Nelson Stephen Roman is no longer assigned to the case. (jc) |
| Magistrate Judge Lisa M. Smith is so redesignated. (jc) |
| Letter sent to Pro Se Plaintiff Karen L. Willis at 220 West G St., Ste. E, San Diego, CA 92101 re: Notice of Assignment/Reassignment on 5/23/19. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 7:17-cv-06513-CS. Notice of Assignment to follow. (jc) |
| Filing 6 LETTER from Karen L. Willis re: Motion to File Electronically. Document filed by Karen L. Willis.(rdz) |
| Filing 5 AMENDED COMPLAINT amending #1 Complaint, against Eric Anzalone, Alexander Briley, Celebrity Direct Entertainment, Facebook, Inc., Mewes Entertainment Group, James F. Newman, Andrew Pacho, Pennsylvania Horticultural Society, Red Entertainment Agency, Felipe Rose, Scraton Cultural Center, Raymond Simpson, Sixuvus, Ltd., Texan Theater, Universal Attractions Agency, Inc., William Whitefield with JURY DEMAND.Document filed by Karen L. Willis. Related document: #1 Complaint.(sbr) |
| Filing 4 LETTER/NOTICE OF RELATED CASE from Karen L. Willis dated 5/14/2019 re: I hereby request this case be assigned to courtroom 621, Hon. Cathy Seibel as related to: 7:17cv6513-CS. Document filed by Karen L. Willis.(sac) |
| Filing 3 SUMMONS ISSUED as to Eric Anzalone, Alexander Briley, Celebrity Direct Entertainment, Facebook, Inc., Mewes Entertainment Group, James F. Newman, Andrew Pacho, Pennsylvania Horticultural Society, Red Entertainment Agency, Felipe Rose, Scraton Cultural Center, Raymond Simpson, Sixuvus, Ltd., Texan Theater, Universal Attractions Agency, Inc., William Whitefield. (sac) |
| Filing 2 MEMORANDUM OF PRO SE FEE filed. (sac) |
| Filing 1 COMPLAINT against Eric Anzalone, Alexander Briley, Celebrity Direct Entertainment, Facebook, Inc., Mewes Entertainment Group, James F. Newman, Andrew Pacho, Pennsylvania Horticultural Society, Red Entertainment Agency, Felipe Rose, Scraton Cultural Center, Raymond Simpson, Sixuvus, Ltd., Texan Theater, Universal Attractions Agency, Inc., William Whitefield. (Filing Fee $ $400.00, Receipt Number 465407017092) Document filed by Karen L. Willis. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (sac) |
| CASE REFERRED TO Judge Cathy Seibel as possibly related to 7:17cv6513. (sac) |
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