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 55 |
Filed: 12/22/2014, Entered: None |
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ORDER OF DISCONTINUANCE. It having been reported to this Court that the above entitled action has been settled, and the parties and their counsel having consented to the undersigned exercising jurisdiction over this case for the limited purpose of entering this Order of Discontinuance, it is hereby ORDERED that said action be and hereby is, discontinued with prejudice and without costs; provided, however, that within 30 days of the date of this order, counsel for plaintiff may apply by letter for restoration of the action to the active calendar of the court, in which event the action will be restored. (Signed by Magistrate Judge Frank Maas on 12/22/2014) (rjm) (Entered: 12/23/2014)
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| 54 |
Filed: 12/19/2014, Entered: None |
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SECOND AMENDED COMPLAINT amending 17 Amended Complaint against NY Fusion Merchandise, LLC with JURY DEMAND.Document filed by Sheila A. Masterson. Related document: 17 Amended Complaint filed by Sheila A. Masterson.(Cortez, Adam) (Entered: 12/19/2014)
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| 53 |
Filed: 12/19/2014, Entered: None |
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MEMO ENDORSEMENT granting 46 Motion for Leave to File Document. ENDORSEMENT: Motion granted. (Signed by Judge P. Kevin Castel on 12/18/2014) (lmb) Modified on 1/12/2015 (lmb). (Entered: 12/19/2014)
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| 52 |
Filed: 11/14/2014, Entered: None |
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NOTICE OF CONFERENCE: that the settlement conference in the above referenced matter scheduled for 12/22/2014, at 10:00 a.m., has been rescheduled to 12/22/2014 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. (tn) (Entered: 11/14/2014)
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Request |
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| 51 |
Filed: 10/30/2014, Entered: None |
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NOTICE OF CONFERENCE: A settlement conference in the above referenced matter has been scheduled for December 22, 2014, at 10:00 a.m., before Magistrate Judge Frank Maas, in Courtroom 20A, 500 Pearl Street, New York 10007. Judge Maas has directed that the parties comply with Judge Maas' individual settlement procedures, which can be located on his page of the Court's website. Requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference. Settlement Conference set for 12/22/2014 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. (ja) (Entered: 10/30/2014)
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| 50 |
Filed: 9/29/2014, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge P. Kevin Castel on 9/29/2014) (lmb) (Entered: 09/29/2014)
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| 49 |
Filed: 9/29/2014, Entered: None |
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ORDER FOLLOWING PRETRIAL CONFERENCE: As result of a pretrial conference held before the Court today, the following is ORDERED: By October 14, 2014, plaintiff shall amend the disclosure of asserted claims and infringement contentions to identify specific claims of the patent asserted to be infringed. By November 14, 2014, defendant shall respond to paragraph 1 above. Refer to Judge Maas for settlement. The next Case Management Conference will be held on January 5, 2015 at 11:30 am. Any conference scheduled for a date prior thereto is adjourned., ( Case Management Conference set for 1/5/2015 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/29/2014) (lmb) (Entered: 09/29/2014)
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Request |
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| 48 |
Filed: 9/24/2014, Entered: None |
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LETTER addressed to Judge P. Kevin Castel from Adam Cortez dated September 24, 2014 re: Response to Issues for the Conference on September 29, 2014. Document filed by Sheila A. Masterson.(Cortez, Adam) (Entered: 09/24/2014)
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| 47 |
Filed: 9/24/2014, Entered: None |
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LETTER addressed to Judge P. Kevin Castel from Christopher R. Kinkade, Esq. dated September 24, 2014, re: Issues for Scheduled Conference on September 29, 2014. Document filed by NY Fusion Merchandise, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kinkade, Christopher) (Entered: 09/24/2014)
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| 46 |
Filed: 9/17/2014, Entered: None |
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MOTION for Leave to File Amended Complaint . Document filed by Sheila A. Masterson. (Attachments: # 1 Exhibit Copy of Second Amended Complaint, # 2 Exhibit 2)(Cortez, Adam) (Entered: 09/17/2014)
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Request |
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| 45 |
Filed: 9/15/2014, Entered: None |
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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Extension of Time to Amend 17 Amended Complaint addressed to Judge P. Kevin Castel from Adam Cortez dated September 15, 2014. Document filed by Sheila A. Masterson. (Attachments: # 1 Exhibit Copy of Second Amended Complaint)(Cortez, Adam) Modified on 9/16/2014 (db). (Entered: 09/15/2014)
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| 44 |
Filed: 9/15/2014, Entered: None |
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ORDER granting 42 Letter Motion for Conference. I, too, am not quite sure of the purpose of the conference. Nevertheless, I will hear Mr. Kinkade. Conference set for Sept 29, 2014 at 11:30 am. Status Conference set for 9/29/2014 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/12/2014) (lmb) (Entered: 09/15/2014)
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| 43 |
Filed: 9/11/2014, Entered: None |
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ANSWER to 40 Amended Counterclaim,. Document filed by Sheila A. Masterson.(Cortez, Adam) (Entered: 09/11/2014)
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| 42 |
Filed: 9/10/2014, Entered: None |
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LETTER MOTION for Conference re: 41 Letter addressed to Judge P. Kevin Castel from Adam Cortez dated September 10, 2014. Document filed by Sheila A. Masterson.(Cortez, Adam) (Entered: 09/10/2014)
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| 41 |
Filed: 9/10/2014, Entered: None |
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LETTER addressed to Judge P. Kevin Castel from Christopher R. Kinkade, Esq. dated September 10, 2014 re: Request for Conference. Document filed by NY Fusion Merchandise, LLC.(Kinkade, Christopher) (Entered: 09/10/2014)
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| 40 |
Filed: 8/27/2014, Entered: None |
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FIRST AMENDED COUNTERCLAIM amending 36 Answer to Amended Complaint, Counterclaim against Sheila A. Masterson.Document filed by NY Fusion Merchandise, LLC. Related document: 36 Answer to Amended Complaint, Counterclaim filed by NY Fusion Merchandise, LLC.(Kinkade, Christopher) (Entered: 08/27/2014)
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| 39 |
Filed: 8/26/2014, Entered: None |
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NOTICE OF SUBSTITUTION OF COUNSEL: that Christopher R. Kinkade, Esq. of Fox Rothschild LLP is substituted in as counsel on behalf of defendant NY Fusion Merchandise, LLC in place of Ronald D. Coleman, Esq. and Joel G. MacMull, Esq. of Goelz Fitzpatrick LLP. Attorney Ronald David Coleman and Joel Geoffrey MacMull terminated. (Signed by Judge P. Kevin Castel on 8/26/2014) (tn) (Entered: 08/26/2014)
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| 38 |
Filed: 8/26/2014, Entered: None |
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NOTICE OF APPEARANCE by Christopher Robert Kinkade on behalf of NY Fusion Merchandise, LLC. (Kinkade, Christopher) (Entered: 08/26/2014)
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| 37 |
Filed: 8/20/2014, Entered: None |
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ANSWER to 36 Counterclaim. Document filed by Sheila A. Masterson.(Cortez, Adam) (Entered: 08/20/2014)
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| 36 |
Filed: 8/1/2014, Entered: None |
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ANSWER to 17 Amended Complaint with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by NY Fusion Merchandise, LLC.(MacMull, Joel) (Entered: 08/01/2014)
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| 35 |
Filed: 7/29/2014, Entered: None |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Fact Discovery due by 12/15/2014. Depositions due by 12/15/2014. Expert Discovery due by 1/30/2015. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. File answer by August 1, 2014. Plaintiff shall provide the disclosure set forth in Local Patent Rule 6 by August 29, 2014. Case Management Conference set for 1/5/2015 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/29/2014) (tn) (Entered: 07/29/2014)
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| 34 |
Filed: 7/14/2014, Entered: None |
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MEMO ENDORSED ORDER granting 33 Letter Motion for Extension of Time to Answer. ENDORSEMENT: Application granted. SO ORDERED. NY Fusion Merchandise, LLC answer due 7/29/2014. (Signed by Judge P. Kevin Castel on 7/11/2014) (ajs) (Entered: 07/14/2014)
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| 33 |
Filed: 7/10/2014, Entered: None |
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CONSENT LETTER MOTION for Extension of Time to File Answer re: 31 Order on Motion for Extension of Time to Answer, 17 Amended Complaint addressed to Judge P. Kevin Castel from Joel G. MacMull dated 7/10/14. Document filed by NY Fusion Merchandise, LLC.(MacMull, Joel) (Entered: 07/10/2014)
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Request |
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| 32 |
Filed: 6/25/2014, Entered: None |
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ORDER granting 30 Letter Motion to Adjourn Conference: Conference Adjourned From: June 27, 2014 To: July 29. (Signed by Judge P. Kevin Castel on 6/25/2014) (tn) (Entered: 06/25/2014)
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| 31 |
Filed: 6/25/2014, Entered: None |
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ORDER granting 29 Letter Motion for Extension of Time to Answer: Application granted. NY Fusion Merchandise, LLC answer due 7/15/2014. (Signed by Judge P. Kevin Castel on 6/25/2014) (tn) (Entered: 06/25/2014)
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| 30 |
Filed: 6/24/2014, Entered: None |
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JOINT LETTER MOTION to Adjourn Conference scheduled for June 27, 2014 addressed to Judge P. Kevin Castel from Joel G. MacMull on behalf of all parties dated 6/24/2014. Document filed by NY Fusion Merchandise, LLC.(MacMull, Joel) (Entered: 06/24/2014)
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| 29 |
Filed: 6/24/2014, Entered: None |
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CONSENT LETTER MOTION for Extension of Time to File Answer re: 17 Amended Complaint, 28 Order on Motion to Dismiss, Order on Motion to Stay,, addressed to Judge P. Kevin Castel from Joel G. MacMull dated 6/24/14. Document filed by NY Fusion Merchandise, LLC.(MacMull, Joel) (Entered: 06/24/2014)
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| 28 |
Filed: 6/18/2014, Entered: None |
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MEMORANDUM AND ORDER denying 18 Motion to Dismiss; denying as moot 20 Motion to Stay: For the foregoing reasons, NY Fusion's motion to dismiss (Docket # 18) is DENIED. NY Fusion's motion to stay discovery (Docket # 20) is DENIED as moot. (Signed by Judge P. Kevin Castel on 6/17/2014) (tn) (Entered: 06/18/2014)
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| 27 |
Filed: 6/2/2014, Entered: None |
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CERTIFICATE OF SERVICE of Reply submissions to Motions by Defendant of May 12, 2014. served on Shelia A. Masterson on 6/2/2014. Service was accepted by Adam Cortez; Plaintiff's Attorney. Document filed by NY Fusion Merchandise, LLC. (MacMull, Joel) (Entered: 06/02/2014)
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| 26 |
Filed: 6/2/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Stay re: 19 Memorandum of Law in Support of Motion, 18 MOTION to Dismiss the Amended Complaint. . . Document filed by NY Fusion Merchandise, LLC. (MacMull, Joel) (Entered: 06/02/2014)
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| 25 |
Filed: 6/2/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss the Amended Complaint. . Document filed by NY Fusion Merchandise, LLC. (Attachments: # 1 MacMull Reply Declaration with Exhibits)(MacMull, Joel) (Entered: 06/02/2014)
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| 24 |
Filed: 5/26/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 20 MOTION to Stay re: 19 Memorandum of Law in Support of Motion, 18 MOTION to Dismiss the Amended Complaint. . . Document filed by Sheila A. Masterson. (Cortez, Adam) (Entered: 05/26/2014)
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| 23 |
Filed: 5/26/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 18 MOTION to Dismiss the Amended Complaint. . Document filed by Sheila A. Masterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Affidavit of Adam Cortez)(Cortez, Adam) (Entered: 05/26/2014)
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Request |
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| 22 |
Filed: 5/12/2014, Entered: None |
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CERTIFICATE OF SERVICE of Documents in support of dismissing the Complaint and correspondeing motion to stay discovery pending a determination of the motion served on Shelia A. Masterson on 5/12/2014. Service was accepted by counsel of record for plaintiff. Document filed by NY Fusion Merchandise, LLC. (MacMull, Joel) (Entered: 05/12/2014)
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| 21 |
Filed: 5/12/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 20 MOTION to Stay re: 19 Memorandum of Law in Support of Motion, 18 MOTION to Dismiss the Amended Complaint. . . Document filed by NY Fusion Merchandise, LLC. (Attachments: # 1 Affidavit Declaration of Joel G. MacMull with accompanying exhibits)(MacMull, Joel) (Entered: 05/12/2014)
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| 20 |
Filed: 5/12/2014, Entered: None |
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MOTION to Stay re: 19 Memorandum of Law in Support of Motion, 18 MOTION to Dismiss the Amended Complaint. . Document filed by NY Fusion Merchandise, LLC. Return Date set for 5/27/2014 at 11:59 PM.(MacMull, Joel) (Entered: 05/12/2014)
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| 19 |
Filed: 5/12/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss the Amended Complaint. . Document filed by NY Fusion Merchandise, LLC. (Attachments: # 1 Affidavit Declaration of Joel G. MacMull with accompanying exhibits)(MacMull, Joel) (Entered: 05/12/2014)
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| 18 |
Filed: 5/12/2014, Entered: None |
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MOTION to Dismiss the Amended Complaint. Document filed by NY Fusion Merchandise, LLC. Responses due by 5/27/2014(MacMull, Joel) (Entered: 05/12/2014)
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Request |
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| 17 |
Filed: 2/24/2014, Entered: None |
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FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT amending 1 Complaint against NY Fusion Merchandise, LLC with JURY DEMAND.Document filed by Sheila A. Masterson. Related document: 1 Complaint filed by Sheila A. Masterson.(djc) (Entered: 02/26/2014)
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Request |
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| 16 |
Filed: 2/6/2014, Entered: None |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury.Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Amended Pleadings due by 2/20/2014. Deposition due by 6/9/2014. Fact Discovery due by 6/9/2014. Expert Discovery due by 7/31/2014. Case Management Conference set for 6/27/2014 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 2/6/2014) (lmb) (Entered: 02/06/2014)
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| 15 |
Filed: 2/5/2014, Entered: None |
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NOTICE OF APPEARANCE by Joel Geoffrey MacMull on behalf of NY Fusion Merchandise, LLC. (MacMull, Joel) (Entered: 02/05/2014)
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Request |
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| 14 |
Filed: 1/17/2014, Entered: None |
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ORDER granting 12 Letter Motion to Adjourn Conference. Conference Adjourned From: 1-17-14 To: Feb. 6, 2014 at 10:30 a.m. Initial Conference set for 2/6/2014 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/15/2014) (lmb) (Entered: 01/17/2014)
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| 13 |
Filed: 1/15/2014, Entered: None |
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LETTER RESPONSE in Support of Motion addressed to Judge P. Kevin Castel from Adam Cortez dated 1/15/2014 re: 12 LETTER MOTION to Adjourn Conference currently scheduled for 1/17/14 addressed to Judge P. Kevin Castel from Joel MacMull dated January 15, 2014.. Document filed by Sheila A. Masterson. (Cortez, Adam) (Entered: 01/15/2014)
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| 12 |
Filed: 1/15/2014, Entered: None |
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LETTER MOTION to Adjourn Conference currently scheduled for 1/17/14 addressed to Judge P. Kevin Castel from Joel MacMull dated January 15, 2014. Document filed by NY Fusion Merchandise, LLC.(Coleman, Ronald) (Entered: 01/15/2014)
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Request |
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| 11 |
Filed: 1/1/2014, Entered: None |
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LETTER addressed to Judge P. Kevin Castel from Adam Cortez dated January 1, 2014 re: Response to Pre-Motion Procedure. Document filed by Sheila A. Masterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cortez, Adam) (Entered: 01/01/2014)
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| 10 |
Filed: 12/16/2013, Entered: None |
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MEMO ENDORSEMENT on re: 9 Letter filed by NY Fusion Merchandise, LLC. ENDORSEMENT: Plaintiff should respond by January 3, 2014. Matter will be discussed at the January 17 Conference. SO ORDERED. ( Responses due by 1/3/2014) (Signed by Judge P. Kevin Castel on 12/16/2013) (ama) (Entered: 12/16/2013)
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| 9 |
Filed: 12/16/2013, Entered: None |
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LETTER addressed to Judge P. Kevin Castel from Ronald D. Coleman, Esq. dated December 16, 2013 re: Pre-Motion Procedure. Document filed by NY Fusion Merchandise, LLC.(Coleman, Ronald) (Entered: 12/16/2013)
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Request |
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| 8 |
Filed: 12/2/2013, Entered: None |
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NOTICE OF APPEARANCE by Ronald David Coleman on behalf of NY Fusion Merchandise, LLC. (Coleman, Ronald) (Entered: 12/02/2013)
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| 7 |
Filed: 11/23/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Summons and Complaint. NY Fusion Merchandise, LLC served on 11/15/2013, answer due 12/6/2013. Service was made by Mail. Document filed by Sheila A. Masterson. (Cortez, Adam) (Entered: 11/23/2013)
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| 6 |
Filed: 11/15/2013, Entered: None |
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ORDER granting 5 Letter Motion to Adjourn Conference. Conference Adjourned from: Nov. 21, 2013 to: Jan. 17, 2014 at 10:45 a.m. SO ORDERED. Initial Conference set for 1/17/2014 at 10:45 AM before Judge P. Kevin Castel.(Signed by Judge P. Kevin Castel on 11/15/2013) (ama) (Entered: 11/15/2013)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 5 |
Filed: 11/14/2013, Entered: None |
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LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Adam Cortez dated November 14, 2013. Document filed by Sheila A. Masterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cortez, Adam) (Entered: 11/14/2013)
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| 4 |
Filed: 9/30/2013, Entered: None |
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ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 21, 2013 at 11:00 a.m. in Courtroom 12C at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Initial Conference set for 11/21/2013 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/27/2013) (ja) (Entered: 09/30/2013)
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| 3 |
Filed: 9/24/2013, Entered: None |
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AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (sjo) (Entered: 09/24/2013)
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| 2 |
Filed: 9/17/2013, Entered: None |
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STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd) (Entered: 09/18/2013)
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| 1 |
Filed: 9/17/2013, Entered: None |
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COMPLAINT against NY Fusion Merchandise, LLC. (Filing Fee $ 350.00, Receipt Number 465401076906)Document filed by Sheila A. Masterson.(jd) (jd). (Entered: 09/18/2013)
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