CASHIERS OFFICE REGISTRY DISBURSEMENT as per 94 Order on Motion for Leave to File Document, dated 8/15/2018, from Judge Kimba M. Wood, on 8/22/2018 disbursed to pay Epstein Drangel LLP $5,000.00 Check No. 01901495 dated 8/22/2018 (cla)
ORDER RELEASING SECURITY BOND TO EPSTEIN DRANGEL LLP granting 93 Letter Motion for Leave to File Document. The security bond of $5,000.00 (Five Thousand Dollars) shall be released to counsel for Plaintiffs, Epstein Drangel LLP, located at 60 East 42nd Street, Suite 2520, New York, New York 10165. (Signed by Judge Kimba M. Wood on 8/15/2018) (ne) Transmission to Finance Unit (Cashiers) for processing.
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Request for Security Bond addressed to Judge Kimba M. Wood from Mary Kate Brennan dated August 14, 2018. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Text of Proposed Order Proposed Order Releasing Security Bond)(Brennan, Mary) Modified on 8/22/2018 (ldi).
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Wolgang Declaration in support of Plaintiffs Motion for Default Judgment and a Permanent Injunction ("Motion for Default Judgment"), the Certificate of Service of the Summons and Complaint, the Certificate of the Clerk of the Court, and upon all other pleadings and papers on file in this Action, it is hereby ORDERED, ADJUDGED AND DECREED as follows (hereinafter, "Default Judgment Order"): 1) Judgment is granted in favor of Plaintiff on Causes of Action One through Seven asserted against Defaulting Defendants in the Complaint; 1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both the compensatory and punitive purposes of the Lanham and Copyright Acts' prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment and a Permanent Injunction, the Court finds such an award to be reasonable and Plaintiff is awarded Fifty Thousand Dollars ($50,000.00) ("Defaulting Defendants' Individual Damages Award") in statutory damages against each of the ten (10) Defaulting Defendants pursuant to Section 15 U.S.C. ยง 1117(c) of the Lanham Act and/or Section 504(c) of the Copyright Act for a total of Five Hundred Thousand Dollars ($500,000.00) ("Defaulting Defendants' Collective Damages Award") and post-judgment interest; 1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants, their respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of this Order, including, without limitation, any: (1) banks, financial institutions, credit card companies and payment processing agencies, such as PayPal Inc. ("PayPal"), Payoneer Inc., the Alibaba Group d/b/a Alibaba.com and Aliexpress.com ("Alibaba") and Dunhuang Group d/b/a DHgate.com ("DHgate") payment services (e.g., Alipay.com Co., Ltd., Ant Financial Services Group or DHpay.com), and other companies or agencies that engage in the processing or transfer of money and/or real or personal property of Defendants ("Financial Institutions"); and (2) Digital Marketplaces, including, without limitation, those owned and operated, directly or indirectly, by Alibaba and DHgate, such as Alibaba.com, AliExpress.com and DHgate.com ("Third Party Service Providers") (hereinafter collectively referred to as the "Restrained Persons") are permanently enjoined and restrained as further set forth in this judgement. (Signed by Judge Kimba M. Wood on 7/24/2018) (ne) Modified on 7/24/2018 (ne).
MEMORANDUM AND OPINION re: 88 MOTION for Default Judgment as to Bling Boutique Store d/b/a Cash29784729, Echina24 Co., Ltd. d/b/a Echina24, Elleven2, Sexytoystore, Shanghai Weimeike International Trade Co., Ltd. d/b/a Maybersport, Shenzhen Goodeal Technology Co., Ltd. d/b/a filed by Ideavillage Products Corp. For the reasons set forth above, the Court GRANTS Plaintiffs Motion for Default Judgment. Pursuant to this Opinion & Order, the Court will enter judgment in a subsequent filing. This Opinion & Order resolves docket entry 88. The Clerk of Court is directed to close this case. All pending motions are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/24/2018) (ne)
MEMORANDUM OF LAW in Support re: 88 MOTION for Default Judgment as to Bling Boutique Store d/b/a Cash29784729, Echina24 Co., Ltd. d/b/a Echina24, Elleven2, Sexytoystore, Shanghai Weimeike International Trade Co., Ltd. d/b/a Maybersport, Shenzhen Goodeal Technology Co., Ltd. d/b/a . Document filed by Ideavillage Products Corp.. (Wolgang, Spencer)
AFFIDAVIT of Spencer J. Wolgang in Support re: 88 MOTION for Default Judgment as to Bling Boutique Store d/b/a Cash29784729, Echina24 Co., Ltd. d/b/a Echina24, Elleven2, Sexytoystore, Shanghai Weimeike International Trade Co., Ltd. d/b/a Maybersport, Shenzhen Goodeal Technology Co., Ltd. d/b/a. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Exhibit Exhibit A to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction, # 2 Exhibit Exhibit B to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction, # 3 Exhibit Exhibit C to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction, # 4 Exhibit Exhibit D to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction, # 5 Exhibit Exhibit E to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction, # 6 Exhibit Exhibit F to Affidavit of Spencer J. Wolgang in Support of Default Judgment and Permanent Injunction)(Wolgang, Spencer)
MOTION for Default Judgment as to Bling Boutique Store d/b/a Cash29784729, Echina24 Co., Ltd. d/b/a Echina24, Elleven2, Sexytoystore, Shanghai Weimeike International Trade Co., Ltd. d/b/a Maybersport, Shenzhen Goodeal Technology Co., Ltd. d/b/a Health Index, Shenzhen Sanofee Electronic Technology Company Limited, Shenzhen Starlight Con Inc. d/b/a Goodspeed, SZ5188, AE08F99 d/b/a Miss Yings Store and Yiwu Yinhong Healthy & Sports Article Co., Ltd.. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Clerk's Certificate of Default, # 2 Summons, Complaint and Certificate of Service, # 3 Text of Proposed Order Proposed Default Judgment and Permanent Injunction Order)(Wolgang, Spencer)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Spencer Joseph Wolgang to RE-FILE Document 86 MOTION for Default Judgment as to Defaulting Defendants. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Shenzhen Starlight Con Inc. d/b/a Godspeed in the above-captioned action, with prejudice, and with each party to bear its own attorney's fees, costs and expenses. Shenzhen Starlight Con Inc. terminated. (Signed by Judge Kimba M. Wood on 3/26/2018) (mro) Modified on 3/27/2018 (mro).
REQUEST TO ENTER DEFAULT against Bling Boutique Store d/b/a Cash29784729, Echina24 Co., Ltd. d/b/a Echina 24, Elleven2, Sexytoystore, Shanghai Weimeike International Trade Co., Ltd. d/b/a Maybersport, Shenzhen Goodeal Technology Co., Ltd. d/b/a Health Index, Shenzhen Sanofee Electronic Technology Company Limited, Shenzhen Starlight Con Inc. d/b/a Goodspeed, SZ5188, AE08F99 d/b/a Miss Yings Store and Yiwu Yinhong Healthy & Sports Article Co., Ltd. . Document filed by Ideavillage Products Corp.. (Attachments: # 1 Affidavit Declaration of Spencer Wolgang in Support of Plaintiff's Request for Entry of Default Judgment, # 2 Exhibit Exhibit 1 to Declaration of Spencer Wolgang, # 3 Exhibit Exhibit 2 to Declaration of Spencer Wolgang, # 4 Exhibit Exhibit 3 to Declaration of Spencer Wolgang, # 5 Exhibit Exhibit 4 to Declaration of Spencer Wolgang, # 6 Text of Proposed Order [Proposed] Clerk's Certificate of Default)(Wolgang, Spencer)
MEMO ENDORSEMENT: on re: 81 Letter filed by Ideavillage Products Corp. ENDORSEMENT: Granted. (Motions due by 2/9/2018.) (Signed by Judge Kimba M. Wood on 12/5/2017) (ap)
LETTER addressed to Judge Kimba M. Wood from Spencer J. Wolgang dated December 5, 2017 re: Permission to Seek Default Judgment as to Remaining Defendants. Document filed by Ideavillage Products Corp..(Wolgang, Spencer)
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Lidragon Store, in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. (Lidragon Store terminated.) (Signed by Judge Kimba M. Wood on 11/21/2017) (ras)
MEMO ENDORSEMENT: on re: 78 Letter filed by Ideavillage Products Corp. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/16/2017) (ama)
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Spencer Wolgang dated November 16, 2017 re: Status of Remaining Defendants. Document filed by Ideavillage Products Corp..(Wolgang, Spencer)
JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT YIWU ZD HOUSEHOLD ITEMS FACTORY: PURSUANT TO Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff") and Defendant Yiwu ZD Household Items Factory ("Yiwu ZD") hereby jointly stipulate that all of Plaintiff's claims against Yiwu ZD (set forth in Plaintiff's Complaint, Docket Entry No. 5), be dismissed with prejudice in the above-mentioned action, and with each party to bear its own attorneys' fees, costs and expenses. (Yiwu ZD Household Items Factory terminated.) (Signed by Judge Kimba M. Wood on 11/16/2017) (ras)
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Ishar in the above-captioned action, with prejudice, and with each party to bear its own attorney's fees, costs and expenses. It is so ORDERED. (Party Ishar terminated.) (Signed by Judge Kimba M. Wood on 11/16/2017) (ras) Modified on 11/16/2017 (ras).
ORDER: Discovery has concluded in this matter. Plaintiff is directed to file a letter on or before November 16, 2017, indicating the status of this matter as to each defendant (including but not limited to, whether the defendant has been served; if not, what steps have been taken to serve the defendant; and if so, whether the time to answer has expired). To the extent plaintiff wishes to seek a default judgment against any defendant, plaintiff shall include in his letter a proposed deadline by which he shall file a letter to Judge Wood seeking permission to make a motion for a default judgment as to that defendant. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2017) (rj)
JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT RMB INDUSTRIAL-HOUSEWARE CO., LTD. (NINGBO): PURSUANT TO Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff") and Defendant RMB Industrial-Houseware Co., Ltd. (Ningbo) ("RMB") hereby jointly stipulate that all of Plaintiff's claims against RMB (set forth in Plaintiff's Complaint, Docket Entry No.5), be dismissed with prejudice in the above-mentioned action, and with each party to bear its own attorneys' fees, costs and expenses. SO ORDERED, N.Y., N.Y. (Party RMB Industrial-Houseware Co., Ltd. (Ningbo) terminated.) (Signed by Judge Kimba M. Wood on 10/4/2017) (ras) Modified on 10/6/2017 (ras).
MEMO ENDORSEMENT on MOTION TO BE RELIEVED AS COUNSEL. ENDORSEMENT: No party having filed any opposition to this motion, it is granted. So ordered. Granting 62 Motion to Withdraw as Attorney. Attorney Anthony Scordo terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2017) (rjm)
AFFIDAVIT of Anthony Scordo in Support re: 62 FIRST MOTION for Anthony Scordo to Withdraw as Attorney for defendants.. Document filed by Echina24 Co., Ltd, Jiaxing Yu Zhu Textile Co., Ltd., RMB Industrial-Houseware Co., Ltd. (Ningbo), Shenzhen Sanofee Electronic Technology Company Limited, Yiwu Yinhong Healthy & Sports Article Co., Ltd.. (Attachments: # 1 Exhibit Exhibit A pg 1, # 2 Exhibit Exhibit A pg 2)(Scordo, Anthony)
ENDORSED LETTER addressed to Judgments Clerk from Jeannie Ashten dated 9/11/2017 re: enclosed Notice of Dismissal. ENDORSEMENT: Denied, because Yiwu ZH Household Items Factory, had already filed an Answer. (Signed by Judge Kimba M. Wood on 9/13/2017) (ras)
ORDER: Accordingly, Mr. Scordo is directed to file a new affidavit by September 14, 2017, that provides this information. If Mr. Scordo did not himself confirm receipt of the August 29 Order and did not himself confirm that the defendants understand there is a September 22 deadline to object, he shall identify who he believes did so and state his basis for believing such other person did so. And as set forth herein. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2017) (ama)
AFFIDAVIT of Anthony Scordo in Support re: 62 FIRST MOTION for Anthony Scordo to Withdraw as Attorney for defendants.. Document filed by Echina24 Co., Ltd, Jiaxing Yu Zhu Textile Co., Ltd., RMB Industrial-Houseware Co., Ltd. (Ningbo), Shenzhen Sanofee Electronic Technology Company Limited, Yiwu Yinhong Healthy & Sports Article Co., Ltd., Yiwu ZD Household Items Factory. (Scordo, Anthony)
ORDER granting 66 Letter Motion to Adjourn. The reference to the Mediation Program (Docket # 58) is hereby withdrawn. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
LETTER MOTION to Adjourn Conference Mediation addressed to Magistrate Judge Gabriel W. Gorenstein from Spencer Wolgang dated August 31, 2017. Document filed by Ideavillage Products Corp..(Wolgang, Spencer)
ORDER: Anthony Scordo, Esq., attorney for defendants, has filed a motion seeking to withdraw as counsel (Docket # 62). The Court hereby ORDERS as follows: Any party wishing to oppose this motion shall file opposition papers (either by letter or by memorandum of law) by September 22, 2017. The corporate defendants are hereby made aware that if Mr. Scordo's motion to withdraw is granted, any corporate defendant will be deemed to be in default because a corporation may be represented only by an attorney and cannot proceed pro se. The plaintiff will be able to immediately obtain a default judgment against any defendant who no longer has an attorney. If desired, any defendant may request additional time to obtain an attorney by letter filed on or before September 22, 2017. Mr. Scordo shall arrange for the delivery either by hand, overnight delivery, email, or other equally expeditious means to each defendant (a) a copy of this Order and (b) a copy of his papers moving to withdraw. He shall thereafter make all reasonable efforts to confirm with each defendant or its representative by telephone, email, or in person that the copy of this Order and the motion papers were actually received by each defendant and that they understand that there is a September 22, 2017, deadline for filing any written response to Mr. Scordo's motion. All of Mr. Scordo's efforts shall be completed by September 8, 2017. On or before September 11, 2017, Mr. Scordo shall file with the Court an affidavit or declaration that describes in detail what he has done to comply with paragraph 3 of this Order, including providing the names of individuals contacted and the means used to confirm receipt of the motion papers and this Order. SO ORDERED., ( Responses due by 9/22/2017) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/29/2017) (ama)
ORDER: granting 63 Letter Motion for Extension of Time to Complete Discovery. With regard to the application made in Docket # 63, the deadlines in paragraph 8 through 10 of Docket # 48 are each extended by 60 days. The Court intends to adjudicate the motion to withdraw in due course. If the motion is granted, a default judgment against Echina24 will be available to plaintiff on the ground that a corporation cannot appear in court without counsel. See Grace v. Bank Leumi,.443 F.3d 180, 192 (2d Cir. 2006). Thus, we deny at this time plaintiff's proposed motion for a default judgment against Echina24 based on allegations of discovery violations. Rather, counsel should wait until after the motion to withdraw has been adjudicated and then, if it is granted, seek a default judgment against Echina24 based on its lack of counsel. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/29/2017) (ama)
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Jason M. Drangel dated August 25, 2017. Document filed by Ideavillage Products Corp..(Drangel, Jason)
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Jiaxing Yu Zhu Textile Co., Ltd., in the above-captioned action, with prejudice, and with each party to bear its own attorney's fees, costs and expenses. It is so ORDERED. (Jiaxing Yu Zhu Textile Co., Ltd. terminated.) (Signed by Judge Kimba M. Wood on 8/4/2017) (ras)
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jennette Wiser dated July 27, 2017 re: July 13, 2017 Order (Dkt 54) - Mediation. Document filed by Ideavillage Products Corp..(Wiser, Jennette)
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court annexed Mediation Program. The parties are hereby notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/7/2017. Mediator Expertise Request due by 7/31/2017. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/2017) (ama)
ORDER: As stated at a conference held today, each defendant must produce the report required by paragraph V.A.1 of the Temporary Restraining Order (Docket 9-1) on or before August 2, 2017. In addition each defendant must make the initial disclosures required by Fed. R. Civ. P. 26(a)(1)(A) by August 2, 2017. If a defendant fails to comply with this Order (or with any court ordered extension), that defendant may be subject to sanctions including but not limited to default. The deadlines in paragraphs 2 through 10 of the Discovery Plan (Docket # 48) are each extended by 30 days. All discovery (including requests for admissions) must be initiated in time to be concluded by the deadline for all discovery. The parties are reminded that this action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. ยง 636(b )(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/25/2017) (ama)
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 7/25/2017. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the transcript request form. The form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (sg)
Filed: 7/20/2017, Entered: 7/20/2017
TEXT ONLY ORDER: The matters raised in Docket Numbers 52 and 56 will be addressed at the conference on July 25, 2017, at 3:30 p.m. TEXT ONLY ORDER entered by Magistrate Judge Gabriel W. Gorenstein on July 20, 2017.(GWG)
ORDER: Having received no response, it is the Court's intention to grant plaintiff's application as unopposed. If the represented defendants in fact intend to file a letter opposing plaintiff's request, they may do so by 5:00 p.m. today. In the alternative, if they can show good cause under Fed. R. Civ. P. 6(b), defendants may by 5:00 p.m. today file a letter compliant with paragraph 1.E of the Court's Individual Practices that seeks an extension of the time to file the responsive letter. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2017) (ama)
ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. ยง 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: www.nysd.uscourts.gov/judge/Gorenstein. All discovery (including requests for admissions) must be initiated in time to be concluded by the deadline for all discovery. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2017) (ama)
ORDER: re: 52 Letter filed by Ideavillage Products Corp. A conference to discuss the discovery dispute raised in the letter dated July 12, 2017, Docket # 52, will take place on Tuesday, July 25, 2017, at 3:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. A responsive letter should be submitted in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the dispute at the conference based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. SO ORDERED., ( Discovery Hearing set for 7/25/2017 at 03:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2017) (ama)
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jennette Wiser dated July 12, 2017 re: Defendants Failure to Comply with the Discovery Orders. Document filed by Ideavillage Products Corp..(Wiser, Jennette)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Kimba M. Wood on 7/12/2017) (ras)
DECLARATION of Jennette Wiser in Support re: 49 Request to Enter Default,,. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wiser, Jennette)
DISCOVERY PLAN [DISCOVERY PLAN PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(f)]: Both plaintiff and defendant shall serve their notices of deposition, pursuant to Federal Rule of Civil Procedure 30, no later than 7/11/2017. Plaintiff anticipates deposing: Representatives of Defendants. Depositions of the parties shall commence after 7/25/2017, at mutually convenient dates and times, without prejudice to either party conducting a non-party deposition beforehand at a mutually convenient date, time and place. Depositions of the experts shall begin in time to be completed no later than 9/11/2017. All discovery shall be complete by 9/11/2017. The parties may seek to schedule additional discovery as necessary, so long as it is completed by 9/11/2017. SO ORDERED. (Deposition due by 9/11/2017. Discovery due by 9/11/2017.) (Signed by Judge Kimba M. Wood on 6/13/2017) (ras) Modified on 6/13/2017 (ras).
SCHEDULING ORDER: Joinder of Parties due by 7/14/2017. Amended Pleadings due by 7/14/2017. Discovery due by 9/11/2017. Motions due by 10/2/2017. Joint Pretrial Order due by 10/9/2017. This case is to be tried to a jury. Estimated trial time is one (1) week. Ready for Trial by 10/10/2017. (Signed by Judge Kimba M. Wood on 6/13/2017) (ap)
LETTER addressed to Judge Kimba M. Wood from Ashly E. Sands dated June 8, 2017 re: Initial Conference. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Proposed Scheduling Order)(Wiser, Jennette)
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the initial conference scheduled for June 13, 2017, at 4:30 p.m., will be moved up to 2:30 p.m. that same day. SO ORDERED. (Initial Conference set for 6/13/2017 at 02:30 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 6/7/17) (yv)
SCHEDULING ORDER FOR INITIAL PRETRIAL CONFERENCE: This action is scheduled for a conference in accordance with Fed. R. Civ. P. Rule 16 on June 13, 2017 at 4:30 P.M., in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York, and as further set forth herein. (Initial Conference set for 6/13/2017 at 04:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 6/5/2017) (ras)
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Ideavillage Products Corp. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Dongguan Welkong Sports Industrial Co., Ltd., in the above-captioned action, with prejudice, and with each party to bear its own attorney's fees, costs and expenses. It is so ORDERED. Dongguan Welkong Sports Industrial Co., Ltd. terminated. (Signed by Judge Kimba M. Wood on 5/15/2017) (ras)
OPINION AND ORDER. This Court DENIES the Motion to Dismiss for Forum non Conveniens and DENIES the Motion to Release Frozen Funds. This resolves docket numbers 29 and 36. (Signed by Judge Kimba M. Wood on 4/21/2017) (ras)
CASHIERS OFFICE REGISTRY DEPOSIT as per 3 Order dated 12/9/2016, from Judge Kimba M. Wood, received $5,000.00 from Ideavillage Products Corp. Receipt Number 465401177796 on 3/27/2017. (nm)
ORDER granting 29 Motion to Vacate. In light of Defendants' assertion that their failure to answer or appear within 21 days of the Complaint was unintentional, caused by logistical difficulties surrounding a short time frame to appear in the case and respond, see Doc. No. 30 at 5-6, and acknowledging that this Court allowed for alternative means of service, the entry of default is hereby VACATED. The Rule 16 conference will be adjourned pending the decision of the Motion to Dismiss. If Defendants wish to submit a Reply to Plaintiff's Opposition, they may do so by February 22, 2017. (Signed by Judge Kimba M. Wood on 2/8/2017) (cla)
DECLARATION of Jennette Wiser in Opposition re: 29 MOTION to Vacate entry of default. MOTION to Dismiss for forum non conveniens.. Document filed by Ideavillage Products Corp.. (Wiser, Jennette)
MEMORANDUM OF LAW in Opposition re: 29 MOTION to Vacate entry of default. MOTION to Dismiss for forum non conveniens. . Document filed by Ideavillage Products Corp.. (Wiser, Jennette)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony Scordo to RE-FILE Document 28 FIRST MOTION to Vacate entry of default. MOTION to Dismiss for forum non conveniens. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
ORDER granting 24 Motion for Anthony Scordo III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Kimba M. Wood)(Text Only Order) (Wood, Kimba)
Filed: 12/20/2016, Entered: 12/20/2016
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13118215. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
DECLARATION of Jennette Wiser in Support re: 19 Request to Enter Default,,,. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wiser, Jennette)
CERTIFICATE OF SERVICE of Summons and Complaint,,. Bling Boutique Store served on 11/23/2016, answer due 12/14/2016; Corporate served on 11/23/2016, answer due 12/14/2016; Dongguan Welkong Sports Industrial Co., Ltd. served on 11/23/2016, answer due 12/14/2016; Echina24 Co., Ltd served on 11/23/2016, answer due 12/14/2016; Elleven2 served on 11/23/2016, answer due 12/14/2016; Ishar served on 11/23/2016, answer due 12/14/2016; Jiaxing Yu Zhu Textile Co., Ltd. served on 11/23/2016, answer due 12/14/2016; Lidragon Store served on 11/23/2016, answer due 12/14/2016; RMB Industrial-Houseware Co., Ltd. (Ningbo) served on 11/23/2016, answer due 12/14/2016; SZ5188 served on 11/23/2016, answer due 12/14/2016; Sextoystore served on 11/23/2016, answer due 12/14/2016; Shangai Weimeike International Trade Co., Ltd served on 11/23/2016, answer due 12/14/2016; Shenzhen Goodeal Technology Co. Ltd served on 11/23/2016, answer due 12/14/2016; Shenzhen Sanofee Electronic Technology Company Limited served on 11/23/2016, answer due 12/14/2016; Shenzhen Starlight Con Inc. served on 11/23/2016, answer due 12/14/2016; Sunpring served on 11/23/2016, answer due 12/14/2016; Tonglicheng Lct served on 11/23/2016, answer due 12/14/2016; AE08F99 served on 11/23/2016, answer due 12/14/2016; Yiwu Yinhong Healthy & Sports Article Co., Ltd. served on 11/23/2016, answer due 12/14/2016; Yiwu ZD Household Items Factory served on 11/23/2016, answer due 12/14/2016. Service was made by ELECTRONIC MAIL. Document filed by Ideavillage Products Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wiser, Jennette)
SCHEDULING ORDER FOR INITIAL CONFERENCE: Initial Conference set for 2/13/2017 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood, and as further set forth in this order. (Signed by Judge Kimba M. Wood on 12/5/2016) (tn)
MOTION TO EXCEED PAGE LIMIT OF PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ASSET RESTRAINING ORDER; ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro)
14
Filed: 12/9/2016, Entered: 12/12/2016
DECLARATION OF LORIANN LOMBARDO AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER; (2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; (4) ASSET RESTRAINING ORDER; (5) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND (6) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (Attachments: # 1 Exhibit A)(mro)
13
Filed: 12/9/2016, Entered: 12/12/2016
DECLARATION OF JENNETTE WISER AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER; (2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; (4) ASSET RESTRAINING ORDER; (5) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND (6) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(mro)
12
Filed: 12/9/2016, Entered: 12/12/2016
DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER; (2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; (4) ASSET RESTRAINING ORDER; (5) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND (6) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.)(mro)
11
Filed: 12/9/2016, Entered: 12/12/2016
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ASSET RESTRAINING ORDER; ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.)(mro)
10
Filed: 12/9/2016, Entered: 12/12/2016
APPLICATION TO FILE UNDER SEAL. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro)
9
Filed: 12/9/2016, Entered: 12/12/2016
TEMPORARY RESTRAINING ORDER; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ASSET RESTRAINING ORDER; ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: Pending the hearing and determination of Plaintiff's Application for a preliminary injunction referenced in Paragraph(II)(A) below, IT IS HEREBY ORDERED that Defendants, their affiliates, subsidiaries, and respective officers, directors, employees, agents, attorneys, distributors, and all persons in active concert or participation with any of them are hereby temporarily restrained: 1) from manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products, or any other products bearing Plaintiff's Copper Fit Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of Plaintiff's Copper Fit Marks and/or incorporating Plaintiff's Copper Fit Works and/or artwork that is substantially similar to, identical to and constitute infringement of Plaintiff's Copper Fit Works; as further set forth in this Order. (Signed by Judge Kimba M. Wood on 11/21/2016) (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (Attachments: # 1 Part 2)(mro)
8
Filed: 12/9/2016, Entered: 12/12/2016
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro)
7
Filed: 12/9/2016, Entered: 12/12/2016
CIVIL COVER SHEET filed. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro) Modified on 12/12/2016 (mro).
6
Filed: 12/9/2016, Entered: 12/12/2016
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). (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro) Modified on 12/12/2016 (mro).
5
Filed: 12/9/2016, Entered: 12/12/2016
COMPLAINT against Bling Boutique Store, Corporate, Dongguan Welkong Sports Industrial Co., Ltd., Echina24 Co., Ltd, Elleven2, Ishar, Jiaxing Yu Zhu Textile Co., Ltd., Lidragon Store, RMB Industrial-Houseware Co., Ltd. (Ningbo), Sextoystore, Shangai Weimeike International Trade Co., Ltd, Shenzhen Goodeal Technology Co. Ltd, Shenzhen Sanofee Electronic Technology Company Limited, Shenzhen Starlight Con Inc., Sunpring, SZ5188, Tonglicheng Lct, AE08F99, Yiwu Yinhong Healthy & Sports Article Co., Ltd., Yiwu ZD Household Items Factory. Document filed by Ideavillage Products Corp. (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (Attachments: # 1 Exhibit A)(mro)
4
Filed: 12/9/2016, Entered: 12/12/2016
ORDER TO SEAL: On this day, the Court considered Plaintiff's Application to File Under Seal and it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including but not limited to: Plaintiff's Complaint and exhibits attached thereto and Plaintiff's ex parte application for: a temporary restraining order; an order to show cause why a preliminary injunction should not issue; an asset restraining order; an order authorizing alternative service by electronic mail; and an order authorizing expedited discovery ("Application") and Declarations of LoriAnn Lombardo, Jessica Arnaiz, and Jennette Wiser in support of Plaintiff's Application and exhibits attached thereto under seal pending further order by the Court. It is also hereby ORDERED that, notwithstanding this Order to Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal. (Signed by Judge Loretta A. Preska on 11/21/2016) (This document was previously filed under seal in envelope #2 and unsealed on 12/9/2016.) (mro) Modified on 12/12/2016 (mro).
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