United Fabrics International, Inc. v. The Cato Corporation et al
| United Fabrics International, Inc. |
| Cato Corporation and Does 1 - 10 |
| 3:2019cv00061 |
| February 7, 2019 |
| US District Court for the Western District of North Carolina |
| David Keesler |
| Frank D Whitney |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.
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Filing 35
ORDER granting #34 Unopposed Motion To Withdraw And Substitute Attorney. Attorney W. Thad Adams, III, Patrick B. Horne, and Lucas D. Garber be withdrawn as counsel for Plaintiff, and that Seth L. Hudson of Clements Bernard Walker be substituted as counsel of record for Plaintiff. Signed by Magistrate Judge David Keesler on 3/8/19. (mga)
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| Filing 34 Unopposed MOTION to Substitute Attorney by United Fabrics International, Inc.. (Hudson, Seth). Motions referred to David Keesler. |
| Filing 33 NOTICE of Appearance by Seth Lee Hudson on behalf of United Fabrics International, Inc. (Hudson, Seth) |
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Filing 32
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice. Mr. Scott Allen Burroughs is hereby admitted pro hac vice to represent Plaintiff United Fabrics International, Inc. Signed by Magistrate Judge David Keesler on 2/26/19. (mga)
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| Filing 31 MOTION for Leave to Appear Pro Hac Vice as to Scott Alan Burroughs Filing fee $ 281, receipt number 0419-3951435. by United Fabrics International, Inc.. (Horne, Patrick). Motions referred to David Keesler. |
| Notice to Scott Alan Burroughs: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/5/2019. (mga) |
| Filing 30 ANSWER to #10 Amended Complaint by Cato Corporation.(Wilson, J.) |
| Filing 29 NOTICE of Appearance by Lucas D. Garber on behalf of United Fabrics International, Inc. (Garber, Lucas) |
| Filing 28 NOTICE of Appearance by Patrick Blane Horne on behalf of United Fabrics International, Inc. (Horne, Patrick) |
| Filing 27 NOTICE of Appearance by W. Thad Adams, III on behalf of United Fabrics International, Inc. (Adams, W.) |
| SECOND Notice to Scott Alan Burroughs: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Bar of this Court and Associate local counsel and File a motion pro hac vice. Deadline by 2/26/2019. (tmg) Modified on 2/19/2019 (tmg). |
| Filing 26 NOTICE of Appearance by J. Mark Wilson on behalf of Cato Corporation (Wilson, J.) |
| Filing 25 Case transferred in from District of New York Southern; Case Number 1:18-cv-09537. Original electronic file and docket sheet received. |
| Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth) |
| Set/Reset Deadlines: Cato Corporation answer due 2/21/2019. (rth) |
| Notice to Scott Alan Burroughs: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 2/14/2019. (rth) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of North Carolina (rro) [Transferred from New York Southern on 2/7/2019.] |
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Filing 24
ORDER ON JOINT STIPULATION TO TRANSFER VENUE: Pursuant to 28 U.S.C. 1404, based on the stipulation of the parties, the Court hereby finds that a transfer of this action would serve the interest and convenience of the parties and witnesses; IT IS HEREBY ORDERED this action shall be transferred to the United States District Court for the Western District of North Carolina. IT IS FURTHER ORDERED that all pretrial deadlines shall be stayed pending the transfer of these claims. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/31/2019) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/7/2019.]
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| ***Deadlines Terminated*** The following deadline(s) was terminated: Answer Due Date. (rro) [Transferred from New York Southern on 2/7/2019.] |
| Filing 23 PROPOSED STIPULATION AND ORDER. Document filed by United Fabrics International, Inc.. (Attachments: #1 Text of Proposed Order) (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
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Filing 22
MEMO ENDORSEMENT with respect to #18 Motion to Dismiss. ENDORSEMENT: On or before February 4, 2019, the parties are directed to file a joint proposed stipulation to transfer of this action to the Western District of North Carolina. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/28/2019) (rro) [Transferred from New York Southern on 2/7/2019.]
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| Filing 21 NOTICE of Non-Opposition to Defendant's Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue; Notice of Consent to Transfer Venue re: #18 MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue.. Document filed by United Fabrics International, Inc.. (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 20 DECLARATION of Christin Reische in Support re: #18 MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue.. Document filed by Cato Corporation. (Huseth, Fielding) [Transferred from New York Southern on 2/7/2019.] |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue. . Document filed by Cato Corporation. (Attachments: #1 Exhibit A - California Order)(Huseth, Fielding)[Transferred from New York Southern on 2/7/2019.] |
| Filing 18 MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue. Document filed by Cato Corporation.(Huseth, Fielding) [Transferred from New York Southern on 2/7/2019.] |
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Filing 17
ORDER: granting #15 Letter Motion for Extension of Time to Answer. Application Granted. SO ORDERED. Cato Corporation answer due 1/10/2019. (Signed by Judge Vernon S. Broderick on 12/20/2018) (ama) (Main Document 17 replaced on 12/20/2018) (msa). (Main Document 17 replaced on 12/20/2018) (msa). [Transferred from New York Southern on 2/7/2019.]
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| Filing 16 NOTICE OF APPEARANCE by Fielding Huseth on behalf of Cato Corporation. (Huseth, Fielding) [Transferred from New York Southern on 2/7/2019.] |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Fielding E. Huseth dated December 19, 2018. Document filed by Cato Corporation.(Huseth, Fielding) [Transferred from New York Southern on 2/7/2019.] |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kathryn G. Cole to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16074826. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cato Corporation. (Attachments: #1 Affidavit Affidavit of Applicant, #2 Certificate of Good Standing - CA, #3 Certificate of Good Standing - NC)(Cole, Kathryn) Modified on 12/18/2018 (ma). [Transferred from New York Southern on 2/7/2019.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Kathryn G. Cole to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16074826. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF CALIFORNIA AND PLEASE ALSO ATTACH THE PROPOSED ORDER. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma) [Transferred from New York Southern on 2/7/2019.] |
| ***Motion(s) terminated: #14 MOTION for Kathryn G. Cole to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16074826. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Cato Corporation. (ma) [Transferred from New York Southern on 2/7/2019.] |
| Filing 13 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Cato Corporation served on 11/29/2018, answer due 12/20/2018. Service was accepted by Caroline Chase. Document filed by United Fabrics International, Inc.. (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to Cato Corporation. (pc) [Transferred from New York Southern on 2/7/2019.] |
| Filing 11 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The Cato Corporation, re: #10 Amended Complaint. Document filed by United Fabrics International, Inc.. (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 10 AMENDED COMPLAINT amending #1 Complaint against Cato Corporation, Does 1-10 with JURY DEMAND.Document filed by United Fabrics International, Inc.. Related document: #1 Complaint.(Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Cato Corporation. (jgo) [Transferred from New York Southern on 2/7/2019.] |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to The Cato Corporation, re: #1 Complaint. Document filed by United Fabrics International, Inc.. (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
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Filing 7
ORDER granting #5 Motion for Scott Alan Burroughs to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa) [Transferred from New York Southern on 2/7/2019.]
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| Filing 6 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: DOES 1-10; The Cato Corporation; United Fabrics International, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Scott Alan Burroughs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15767267. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 2/7/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Alan Burroughs. 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 State. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| Magistrate Judge Debra C. Freeman 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. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| Case Designated ECF. (dnh) [Transferred from New York Southern on 2/7/2019.] |
| Filing 5 MOTION for Scott Alan Burroughs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15767267. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United Fabrics International, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)(Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by United Fabrics International, Inc..(Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
| Filing 1 COMPLAINT against DOES 1-10, The Cato Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-15767255)Document filed by United Fabrics International, Inc..(Burroughs, Scott) [Transferred from New York Southern on 2/7/2019.] |
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