Can't Live Without It, LLC d/b/a S'well Bottle v. ETS Express, Inc. > Documents

Date Field	Doc. No.	Description (Pages)
Aug 12, 2022	12	Motion to Appear Pro Hac Vice (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bradford Earl Mattes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13701157. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc..(Mattes, Bradford) Modified on 5/24/2017 (ma).
Jun 28, 2018	N/A	Bill of Costs Hearing (0) Docket Text: Minute Entry Bill of Costs, done on submission 6/28/2018, objections filed and taken into consideration. (dt)
Jun 28, 2018	170	Main Document (33) Docket Text: TAXATION OF COSTS: as to [167] Bill of Costs Notice of Taxation. Costs are taxed on 06/28/2018 in favor of ETS Express, Inc. against Can't Live Without it, LLC in the amount of $16,148.09. Done on submission, objections filed and taken into consideration. (Attachments: # (1) Bill of Costs continued, # (2) Billof Costs continued)(dt)
Jun 28, 2018	170	Bill of Costs continued (31)
Jun 28, 2018	170	Billof Costs continued (39)
Jun 26, 2018	169	Bill of Costs Objections (10) Docket Text: BILL OF COSTS OBJECTIONS to re: [167] Bill of Costs Notice of Taxation,. Document filed by Can't Live Without It, LLC.(Penchina, Robert)
Jun 12, 2018	167	Main Document (1) Docket Text: BILL OF COSTS NOTICE OF TAXATION to recover costs against Can't Live Without It, LLC. Document filed by ETS Express, Inc.. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 6/26/2018 (Attachments: # (1) refiled Bill of Costs, # (2) refiled Itemization of Taxable Costs)(Mattes, Bradford)
Jun 12, 2018	167	refiled Bill of Costs (2)
Jun 12, 2018	167	refiled Itemization of Taxable Costs (3)
Jun 12, 2018	168	Main Document (3) Docket Text: DECLARATION of Bradford E. Mattes in Support re: [167] Bill of Costs Notice of Taxation,. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Mattes, Bradford)
Jun 12, 2018	168	Exhibit 1 (26)
Jun 12, 2018	168	Exhibit 2 (5)
Jun 12, 2018	168	Exhibit 3 (26)
Jun 12, 2018	168	Exhibit 4 (23)
Jun 12, 2018	168	Exhibit 5 (4)
Jun 11, 2018	166	Order on Motion for New Trial (18) Docket Text: MEMORANDUM ORDER denying [146] Motion for New Trial; denying [147] Motion for Judgment as a Matter of Law: For the reasons given, S'well's motion for Judgment as a matter of law and motion for a new trial are denied. The Clerk of Court is hereby ordered to close all open motions on this docket. (Signed by Judge Jed S. Rakoff on 6/10/2018) (jwh)
Jun 5, 2018	162	Reply Memorandum of Law in Support of Motion (15) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a). . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jun 5, 2018	163	Main Document (1) Docket Text: DECLARATION of Robert Penchina in Support re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a).. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Ex. 1)(Penchina, Robert)
Jun 5, 2018	163	Ex. 1 (10)
Jun 5, 2018	164	Reply Memorandum of Law in Support of Motion (10) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b). . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jun 5, 2018	165	Main Document (2) Docket Text: DECLARATION of Mara Gassmann in Support re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b).. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Ex. 1, # (2) Ex. 2, # (3) Ex. P-116, # (4) Ex. P-117, # (5) Ex. P-118, # (6) Ex. P-119, # (7) Ex. P-169, # (8) Ex. P-170, # (9) Ex. P-177, # (10) Ex. P-183)(Penchina, Robert)
Jun 5, 2018	165	Ex. 1 (7)
Jun 5, 2018	165	Ex. 2 (4)
Jun 5, 2018	165	Ex. P-116 (7)
Jun 5, 2018	165	Ex. P-117 (9)
Jun 5, 2018	165	Ex. P-118 (5)
Jun 5, 2018	165	Ex. P-119 (8)
Jun 5, 2018	165	Ex. P-169 (5)
Jun 5, 2018	165	Ex. P-170 (2)
Jun 5, 2018	165	Ex. P-177 (18)
Jun 5, 2018	165	Ex. P-183 (17)
May 29, 2018	158	Response in Opposition to Motion (22) Docket Text: RESPONSE in Opposition to Motion re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a). . Document filed by ETS Express, Inc.. (Mattes, Bradford)
May 29, 2018	159	Main Document (2) Docket Text: DECLARATION of Bradford E. Mattes in Opposition re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a).. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 8A, # (4) Exhibit 34, # (5) Exhibit 217, # (6) Exhibit 313)(Mattes, Bradford)
May 29, 2018	159	Exhibit 1 (14)
May 29, 2018	159	Exhibit 2 (58)
May 29, 2018	159	Exhibit 8A (59)
May 29, 2018	159	Exhibit 34 (3)
May 29, 2018	159	Exhibit 217 (38)
May 29, 2018	159	Exhibit 313 (3)
May 29, 2018	160	Response in Opposition to Motion (11) Docket Text: RESPONSE in Opposition to Motion re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b). . Document filed by ETS Express, Inc.. (Mattes, Bradford)
May 29, 2018	161	Main Document (1) Docket Text: DECLARATION of Bradford E. Mattes in Opposition re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b).. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1)(Mattes, Bradford)
May 29, 2018	161	Exhibit 1 (22)
May 17, 2018	154	Transcript (170) Docket Text: TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 3/23/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 6/7/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/15/2018.(McGuirk, Kelly)
May 17, 2018	155	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 3/23/18 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...(McGuirk, Kelly)
May 17, 2018	156	Transcript (127) Docket Text: TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 3/27/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 6/7/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/15/2018.(McGuirk, Kelly)
May 17, 2018	157	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 3/27/18 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...(McGuirk, Kelly)
May 16, 2018	N/A	Notice to Attorney Regarding Rejection of Bill of Costs Notice of Taxation (0) Docket Text:***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney Bradford Mattes, document [148] Bill of Costs Notice of Taxation, was rejected by the Clerk's Office for the following reason: there is a motion for a new trial pending in the case. The filer must wait until the motion is disposed of. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of order or judgment disposing of motion. (dt)
May 15, 2018	148	Main Document (1) Docket Text: FILING ERROR - MOTION FOR A NEW TRIAL PENDING - BILL OF COSTS NOTICE OF TAXATION to recover costs against Can't Live Without It, LLC. Document filed by ETS Express, Inc.. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 5/29/2018 (Attachments: # (1) Bill of Costs, # (2) Itemization of Taxable Costs)(Mattes, Bradford) Modified on 5/16/2018 (dt).
May 15, 2018	148	Bill of Costs (2)
May 15, 2018	148	Itemization of Taxable Costs (3)
May 15, 2018	149	Main Document (3) Docket Text: DECLARATION of Bradford E. Mattes in Support re: [148] Bill of Costs Notice of Taxation,. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Mattes, Bradford)
May 15, 2018	149	Exhibit 1 (26)
May 15, 2018	149	Exhibit 2 (5)
May 15, 2018	149	Exhibit 3 (26)
May 15, 2018	149	Exhibit 4 (23)
May 15, 2018	149	Exhibit 5 (4)
May 15, 2018	150	Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a). . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
May 15, 2018	151	Main Document (5) Docket Text: DECLARATION of Robert Penchina in Support re: [146] MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a).. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1 pt. 1, # (2) Exhibit 1 pt. 2, # (3) Exhibit 2, # (4) Exhibit 2, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit D-008 pt. 1, # (8) Exhibit D-008 pt. 2, # (9) Exhibit D-220 pt. 1, # (10) Exhibit D-220 pt. 2, # (11) Exhibit D-220 pt. 3, # (12) Exhibit D-220 pt. 4, # (13) Exhibit D-220 pt. 5, # (14) Exhibit D-220 pt. 6, # (15) Exhibit P-026, # (16) Exhibit P-028, # (17) Exhibit P-033, # (18) Exhibit P-046, # (19) Exhibit P-048, # (20) Exhibit P-051, # (21) Exhibit P-054, # (22) Exhibit P-055, # (23) Exhibit P-056, # (24) Exhibit P-057, # (25) Exhibit P-058, # (26) Exhibit P-066, # (27) Exhibit P-069, # (28) Exhibit P-080, # (29) Exhibit P-081, # (30) Exhibit P-104, # (31) Exhibit P-113, # (32) Exhibit P-116, # (33) Exhibit P-117, # (34) Exhibit P-118, # (35) Exhibit P-119, # (36) Exhibit P-144, # (37) Exhibit P-169, # (38) Exhibit P-170, # (39) Exhibit P-172, # (40) Exhibit P-190 pt. 1, # (41) Exhibit P-190 pt. 2, # (42) Exhibit P-190 pt. 3, # (43) Exhibit P-208, # (44) Exhibit P-210 pt. 1, # (45) Exhibit P-210 pt. 2, # (46) Exhibit P-217)(Penchina, Robert)
May 15, 2018	151	Exhibit 1 pt. 1 (72)
May 15, 2018	151	Exhibit 1 pt. 2 (70)
May 15, 2018	151	Exhibit 2 (5)
May 15, 2018	151	Exhibit 2 (12)
May 15, 2018	151	Exhibit 4 (7)
May 15, 2018	151	Exhibit 5 (7)
May 15, 2018	151	Exhibit D-008 pt. 1 (31)
May 15, 2018	151	Exhibit D-008 pt. 2 (29)
May 15, 2018	151	Exhibit D-220 pt. 1 (88)
May 15, 2018	151	Exhibit D-220 pt. 2 (89)
May 15, 2018	151	Exhibit D-220 pt. 3 (67)
May 15, 2018	151	Exhibit D-220 pt. 4 (51)
May 15, 2018	151	Exhibit D-220 pt. 5 (51)
May 15, 2018	151	Exhibit D-220 pt. 6 (62)
May 15, 2018	151	Exhibit P-026 (3)
May 15, 2018	151	Exhibit P-028 (3)
May 15, 2018	151	Exhibit P-033 (3)
May 15, 2018	151	Exhibit P-046 (4)
May 15, 2018	151	Exhibit P-048 (46)
May 15, 2018	151	Exhibit P-051 (2)
May 15, 2018	151	Exhibit P-054 (2)
May 15, 2018	151	Exhibit P-055 (4)
May 15, 2018	151	Exhibit P-056 (2)
May 15, 2018	151	Exhibit P-057 (2)
May 15, 2018	151	Exhibit P-058 (2)
May 15, 2018	151	Exhibit P-066 (3)
May 15, 2018	151	Exhibit P-069 (2)
May 15, 2018	151	Exhibit P-080 (3)
May 15, 2018	151	Exhibit P-081 (12)
May 15, 2018	151	Exhibit P-104 (5)
May 15, 2018	151	Exhibit P-113 (5)
May 15, 2018	151	Exhibit P-116 (7)
May 15, 2018	151	Exhibit P-117 (9)
May 15, 2018	151	Exhibit P-118 (5)
May 15, 2018	151	Exhibit P-119 (8)
May 15, 2018	151	Exhibit P-144 (3)
May 15, 2018	151	Exhibit P-169 (5)
May 15, 2018	151	Exhibit P-170 (2)
May 15, 2018	151	Exhibit P-172 (3)
May 15, 2018	151	Exhibit P-190 pt. 1 (66)
May 15, 2018	151	Exhibit P-190 pt. 2 (65)
May 15, 2018	151	Exhibit P-190 pt. 3 (69)
May 15, 2018	151	Exhibit P-208 (9)
May 15, 2018	151	Exhibit P-210 pt. 1 (67)
May 15, 2018	151	Exhibit P-210 pt. 2 (47)
May 15, 2018	151	Exhibit P-217 (5)
May 15, 2018	152	Memorandum of Law in Support of Motion (18) Docket Text: MEMORANDUM OF LAW in Support re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b). . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
May 15, 2018	153	Main Document (5) Docket Text: DECLARATION of Mara J. Gassmann in Support re: [147] MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b).. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit P-008, # (5) Exhibit P-009, # (6) Exhibit P-011, # (7) Exhibit P-021A, # (8) Exhibit P-026, # (9) Exhibit D-027, # (10) Exhibit P-028, # (11) Exhibit P-036, # (12) Exhibit P-037, # (13) Exhibit P-048, # (14) Exhibit P-054, # (15) Exhibit P-055, # (16) Exhibit P-056, # (17) Exhibit P-057, # (18) Exhibit P-066, # (19) Exhibit P-068, # (20) Exhibit P-069, # (21) Exhibit P-075, # (22) Exhibit P-080, # (23) Exhibit P-081, # (24) Exhibit P-084, # (25) Exhibit P-095, # (26) Exhibit P-104, # (27) Exhibit P-126, # (28) Exhibit P-128, # (29) Exhibit P-129, # (30) Exhibit P-136, # (31) Exhibit P-143, # (32) Exhibit P-144, # (33) Exhibit P-145, # (34) Exhibit P-172, # (35) Exhibit P-201, # (36) Exhibit P-257)(Penchina, Robert)
May 15, 2018	153	Exhibit 1 (26)
May 15, 2018	153	Exhibit 2 (6)
May 15, 2018	153	Exhibit 3 (11)
May 15, 2018	153	Exhibit P-008 (10)
May 15, 2018	153	Exhibit P-009 (9)
May 15, 2018	153	Exhibit P-011 (4)
May 15, 2018	153	Exhibit P-021A (44)
May 15, 2018	153	Exhibit P-026 (3)
May 15, 2018	153	Exhibit D-027 (9)
May 15, 2018	153	Exhibit P-028 (3)
May 15, 2018	153	Exhibit P-036 (6)
May 15, 2018	153	Exhibit P-037 (4)
May 15, 2018	153	Exhibit P-048 (46)
May 15, 2018	153	Exhibit P-054 (2)
May 15, 2018	153	Exhibit P-055 (4)
May 15, 2018	153	Exhibit P-056 (2)
May 15, 2018	153	Exhibit P-057 (2)
May 15, 2018	153	Exhibit P-066 (3)
May 15, 2018	153	Exhibit P-068 (2)
May 15, 2018	153	Exhibit P-069 (2)
May 15, 2018	153	Exhibit P-075 (2)
May 15, 2018	153	Exhibit P-080 (3)
May 15, 2018	153	Exhibit P-081 (12)
May 15, 2018	153	Exhibit P-084 (3)
May 15, 2018	153	Exhibit P-095 (3)
May 15, 2018	153	Exhibit P-104 (5)
May 15, 2018	153	Exhibit P-126 (3)
May 15, 2018	153	Exhibit P-128 (4)
May 15, 2018	153	Exhibit P-129 (3)
May 15, 2018	153	Exhibit P-136 (3)
May 15, 2018	153	Exhibit P-143 (3)
May 15, 2018	153	Exhibit P-144 (3)
May 15, 2018	153	Exhibit P-145 (5)
May 15, 2018	153	Exhibit P-172 (3)
May 15, 2018	153	Exhibit P-201 (35)
May 15, 2018	153	Exhibit P-257 (37)
May 14, 2018	146	Motion for New Trial (3) Docket Text: MOTION for New Trial Pursuant to Fed. R. Civ. P. 59(a). Document filed by Can't Live Without It, LLC.(Penchina, Robert)
May 14, 2018	147	Motion for Judgment as a Matter of Law (3) Docket Text: MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b). Document filed by Can't Live Without It, LLC. Responses due by 5/29/2018(Penchina, Robert)
May 9, 2018	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/9/2018. (Kotowski, Linda)
Apr 24, 2018	144	Amended Judgment (1) Docket Text: AMENDED JUDGMENT: amending [143] Judgment, in favor of ETS Express, Inc. against Can't Live Without It, LLC. Following a jury trial in this case, on March 29, 2018, the jury rendered a verdict finding the defendant not liable on all claims. Accordingly, judgment on plaintiff's claims is hereby entered in favor of the defendant, dismissing these claims with prejudice. Defendant's counterclaim seeking a declaration that ETS has not infringed any trade dress rights held by S'well in S'well's bottle and cap configuration is mooted by the jury's verdict and so denied as moot, and all other counterclaims are denied with prejudice for the reasons stated from the bench. See Tr. 841:1-7. (Signed by Judge Jed S. Rakoff on 4/24/2018) (ap)
Apr 17, 2018	N/A	Terminate Transcript Deadlines (0) Docket Text: Terminate Transcript Deadlines (jwh)
Apr 17, 2018	N/A	Terminate Transcript Deadlines (0) Docket Text: Terminate Transcript Deadlines (jwh)
Apr 17, 2018	143	Judgment (1) Docket Text: ORDER & JUDGMENT: Following a jury trial in this case on March 29, 2018, the jury rendered a verdict finding the defendant not liable on all claims. Accordingly, judgment is hereby entered in favor of the defendant, dismissing the case with prejudice. (Signed by Judge Jed S. Rakoff on 4/16/2018) (jwh)
Apr 17, 2018	145	AO 120 Form Trademark - Case Terminated - Submitted (2) Docket Text: AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 4/17/2018 in a court action 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). (jwh)
Apr 11, 2018	129	Transcript (95) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/19/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	130	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/19/18 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...(McGuirk, Kelly)
Apr 11, 2018	131	Transcript (130) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/20/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	132	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/20/18 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...(McGuirk, Kelly)
Apr 11, 2018	133	Transcript (107) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/22/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	134	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/22/18 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...(McGuirk, Kelly)
Apr 11, 2018	135	Transcript (170) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/23/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	136	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/23/18 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...(McGuirk, Kelly)
Apr 11, 2018	137	Transcript (127) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/27/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	138	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/27/18 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...(McGuirk, Kelly)
Apr 11, 2018	139	Transcript (129) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/28/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	140	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/28/18 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...(McGuirk, Kelly)
Apr 11, 2018	141	Transcript (83) Docket Text: TRANSCRIPT of Proceedings re: TRIAL held on 3/29/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018.(McGuirk, Kelly)
Apr 11, 2018	142	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/29/18 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...(McGuirk, Kelly)
Apr 3, 2018	127	Jury Verdict (2) Docket Text: JURY VERDICT. (ap)
Apr 3, 2018	128	Jury Instructions (26) Docket Text: THE COURT'S INSTRUCTION+S OF LAW TO THE JURY. (ap)
Mar 29, 2018	N/A	Jury Trial - Completed (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial completed on 3/29/2018. (Kotowski, Linda)
Mar 28, 2018	N/A	Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 3/28/2018. (Kotowski, Linda)
Mar 27, 2018	N/A	Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 3/27/2018. (Kotowski, Linda)
Mar 27, 2018	126	Endorsed Letter (1) Docket Text: ENDORSED LETTER addressed to Thad Eagles from Keith J. Murphy dated 3/26/18 re: request to have the specified electronics in the court room during his attendance. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 3/27/18) (yv)
Mar 25, 2018	125	Rule 26 Disclosure (5) Docket Text: RULE 26 DISCLOSURE.Document filed by Can't Live Without It, LLC.(Safier, Paul)
Mar 23, 2018	N/A	Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 3/23/2018. (Kotowski, Linda)
Mar 22, 2018	N/A	Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 3/22/2018. (Kotowski, Linda)
Mar 20, 2018	N/A	Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 3/20/2018. (Kotowski, Linda)
Mar 19, 2018	N/A	Jury Trial - Begun (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial begun on 3/19/2018. (Kotowski, Linda)
Mar 16, 2018	124	Rule 26 Disclosure (5) Docket Text: RULE 26 DISCLOSURE.Document filed by Can't Live Without It, LLC.(Safier, Paul)
Mar 12, 2018	119	Rule 26 Disclosure (17) Docket Text: RULE 26 DISCLOSURE.Document filed by Can't Live Without It, LLC.(Penchina, Robert)
Mar 12, 2018	120	Main Document (39) Docket Text: JOINT PRELIMINARY TRIAL REPORT. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A)(Penchina, Robert)
Mar 12, 2018	120	Exhibit A (4)
Mar 12, 2018	121	Rule 26 Disclosure (23) Docket Text: RULE 26 DISCLOSURE.Document filed by ETS Express, Inc..(Carwin, Michael)
Mar 12, 2018	122	Memorandum of Law in Opposition to Motion (12) Docket Text: MEMORANDUM OF LAW in Opposition re: [115] MOTION in Limine No. 5. . Document filed by ETS Express, Inc.. (Carwin, Michael)
Mar 12, 2018	123	Main Document (2) Docket Text: DECLARATION of Michael W. Carwin in Opposition re: [115] MOTION in Limine No. 5.. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Carwin, Michael)
Mar 12, 2018	123	Exhibit 1 (2)
Mar 12, 2018	123	Exhibit 2 (4)
Mar 12, 2018	123	Exhibit 3 (4)
Mar 8, 2018	118	Rule 26 Disclosure (12) Docket Text: RULE 26 DISCLOSURE.Document filed by ETS Express, Inc..(Mattes, Bradford)
Mar 5, 2018	115	Motion in Limine (3) Docket Text: MOTION in Limine No. 5. Document filed by Can't Live Without It, LLC. Return Date set for 3/19/2018 at 09:00 AM.(Safier, Paul)
Mar 5, 2018	116	Memorandum of Law in Support of Motion (11) Docket Text: MEMORANDUM OF LAW in Support re: [115] MOTION in Limine No. 5. . Document filed by Can't Live Without It, LLC. (Safier, Paul)
Mar 5, 2018	117	Main Document (3) Docket Text: DECLARATION of Paul J. Safier in Support re: [115] MOTION in Limine No. 5.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4-1, # (5) Exhibit 4-2, # (6) Exhibit 4-3, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10)(Safier, Paul)
Mar 5, 2018	117	Exhibit 1 (3)
Mar 5, 2018	117	Exhibit 2 (2)
Mar 5, 2018	117	Exhibit 3 (5)
Mar 5, 2018	117	Exhibit 4-1 (55)
Mar 5, 2018	117	Exhibit 4-2 (56)
Mar 5, 2018	117	Exhibit 4-3 (56)
Mar 5, 2018	117	Exhibit 5 (3)
Mar 5, 2018	117	Exhibit 6 (4)
Mar 5, 2018	117	Exhibit 7 (16)
Mar 5, 2018	117	Exhibit 8 (16)
Mar 5, 2018	117	Exhibit 9 (4)
Mar 5, 2018	117	Exhibit 10 (5)
Feb 26, 2018	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/26/2018. (Kotowski, Linda)
Feb 26, 2018	114	Rule 26 Disclosure (11) Docket Text: RULE 26 DISCLOSURE.Document filed by ETS Express, Inc..(Mattes, Bradford)
Feb 16, 2018	105	Reply Memorandum of Law in Support of Motion (9) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [92] MOTION in Limine . . Document filed by ETS Express, Inc.. (Carwin, Michael)
Feb 16, 2018	106	Reply Memorandum of Law in Support of Motion (13) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [81] MOTION in Limine No. 1. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Feb 16, 2018	107	Main Document (1) Docket Text: DECLARATION of Robert Penchina in Support re: [81] MOTION in Limine No. 1.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1)(Penchina, Robert)
Feb 16, 2018	107	Exhibit 1 (7)
Feb 16, 2018	108	Reply Memorandum of Law in Support of Motion (11) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [83] MOTION in Limine No. 2. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Feb 16, 2018	109	Main Document (1) Docket Text: DECLARATION of Robert Penchina in Support re: [83] MOTION in Limine No. 2.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1)(Penchina, Robert)
Feb 16, 2018	109	Exhibit 1 (10)
Feb 16, 2018	110	Reply Memorandum of Law in Support of Motion (9) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [86] MOTION in Limine No. 3. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Feb 16, 2018	111	Main Document (2) Docket Text: DECLARATION of Robert Penchina in Support re: [86] MOTION in Limine No. 3.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Penchina, Robert)
Feb 16, 2018	111	Exhibit 1 (2)
Feb 16, 2018	111	Exhibit 2 (5)
Feb 16, 2018	112	Reply Memorandum of Law in Support of Motion (11) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [89] MOTION in Limine No. 4. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Feb 16, 2018	113	Main Document (1) Docket Text: DECLARATION of Robert Penchina in Support re: [89] MOTION in Limine No. 4.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1)(Penchina, Robert)
Feb 16, 2018	113	Exhibit 1 (4)
Feb 9, 2018	97	Memorandum of Law in Opposition to Motion (22) Docket Text: MEMORANDUM OF LAW in Opposition re: [92] MOTION in Limine . . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Feb 9, 2018	98	Main Document (2) Docket Text: DECLARATION of Robert Penchina in Opposition re: [92] MOTION in Limine .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Penchina, Robert)
Feb 9, 2018	98	Exhibit A (18)
Feb 9, 2018	98	Exhibit B (28)
Feb 9, 2018	98	Exhibit C (25)
Feb 9, 2018	98	Exhibit D (18)
Feb 9, 2018	98	Exhibit E (9)
Feb 9, 2018	98	Exhibit F (5)
Feb 9, 2018	98	Exhibit G (5)
Feb 9, 2018	99	Memorandum of Law in Opposition to Motion (12) Docket Text: MEMORANDUM OF LAW in Opposition re: [81] MOTION in Limine No. 1. . Document filed by ETS Express, Inc.. (Carwin, Michael)
Feb 9, 2018	100	Main Document (2) Docket Text: DECLARATION of Michael W. Carwin in Opposition re: [81] MOTION in Limine No. 1.. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Carwin, Michael)
Feb 9, 2018	100	Exhibit 1 (7)
Feb 9, 2018	100	Exhibit 2 (2)
Feb 9, 2018	100	Exhibit 3 (3)
Feb 9, 2018	100	Exhibit 4 (3)
Feb 9, 2018	101	Memorandum of Law in Opposition to Motion (8) Docket Text: MEMORANDUM OF LAW in Opposition re: [83] MOTION in Limine No. 2. . Document filed by ETS Express, Inc.. (Carwin, Michael)
Feb 9, 2018	102	Memorandum of Law in Opposition to Motion (6) Docket Text: MEMORANDUM OF LAW in Opposition re: [86] MOTION in Limine No. 3. . Document filed by ETS Express, Inc.. (Carwin, Michael)
Feb 9, 2018	103	Memorandum of Law in Opposition to Motion (17) Docket Text: MEMORANDUM OF LAW in Opposition re: [89] MOTION in Limine No. 4. . Document filed by ETS Express, Inc.. (Carwin, Michael)
Feb 9, 2018	104	Main Document (2) Docket Text: DECLARATION of Michael W. Carwin in Opposition re: [89] MOTION in Limine No. 4.. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9)(Carwin, Michael)
Feb 9, 2018	104	Exhibit 1 (3)
Feb 9, 2018	104	Exhibit 2 (7)
Feb 9, 2018	104	Exhibit 3 (3)
Feb 9, 2018	104	Exhibit 4 (6)
Feb 9, 2018	104	Exhibit 5 (3)
Feb 9, 2018	104	Exhibit 6 (18)
Feb 9, 2018	104	Exhibit 7 (18)
Feb 9, 2018	104	Exhibit 8 (65)
Feb 9, 2018	104	Exhibit 9 (21)
Feb 6, 2018	96	Order on Motion to Appear Pro Hac Vice (4) Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [95] Motion for Eman Al-Hassan to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, includingthe Rules governing the discipline of attorneys.(Signed by Judge Jed S. Rakoff on 2/5/18) (yv)
Jan 29, 2018	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [95] MOTION for Eman Safaa Al-Hassan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14634275. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
Jan 29, 2018	95	Main Document (1) Docket Text: MOTION for Eman Safaa Al-Hassan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14634275. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc.. (Attachments: # (1) Affidavit Declaration, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order Proposed Order)(Al-Hassan, Eman)
Jan 29, 2018	95	Affidavit Declaration (1)
Jan 29, 2018	95	Exhibit Certificate of Good Standing (1)
Jan 29, 2018	95	Text of Proposed Order Proposed Order (1)
Jan 25, 2018	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/25/2018. (Kotowski, Linda)
Jan 24, 2018	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/24/2018. (Kotowski, Linda)
Jan 22, 2018	81	Motion in Limine (3) Docket Text: MOTION in Limine No. 1. Document filed by Can't Live Without It, LLC. Return Date set for 2/5/2018 at 09:00 AM.(Penchina, Robert)
Jan 22, 2018	82	Memorandum of Law in Support of Motion (10) Docket Text: MEMORANDUM OF LAW in Support re: [81] MOTION in Limine No. 1. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jan 22, 2018	83	Motion in Limine (3) Docket Text: MOTION in Limine No. 2. Document filed by Can't Live Without It, LLC. Return Date set for 2/5/2018 at 09:00 AM.(Penchina, Robert)
Jan 22, 2018	84	Memorandum of Law in Support of Motion (7) Docket Text: MEMORANDUM OF LAW in Support re: [83] MOTION in Limine No. 2. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jan 22, 2018	85	Main Document (3) Docket Text: DECLARATION of Robert Penchina in Support re: [83] MOTION in Limine No. 2.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Penchina, Robert)
Jan 22, 2018	85	Exhibit A (13)
Jan 22, 2018	85	Exhibit B (14)
Jan 22, 2018	85	Exhibit C (4)
Jan 22, 2018	85	Exhibit D (4)
Jan 22, 2018	85	Exhibit E (3)
Jan 22, 2018	85	Exhibit F (3)
Jan 22, 2018	85	Exhibit G (3)
Jan 22, 2018	85	Exhibit H (6)
Jan 22, 2018	86	Motion in Limine (3) Docket Text: MOTION in Limine No. 3. Document filed by Can't Live Without It, LLC. Return Date set for 2/5/2018 at 09:00 AM.(Penchina, Robert)
Jan 22, 2018	87	Memorandum of Law in Support of Motion (7) Docket Text: MEMORANDUM OF LAW in Support re: [86] MOTION in Limine No. 3. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jan 22, 2018	88	Main Document (3) Docket Text: DECLARATION of Robert Penchina in Support re: [86] MOTION in Limine No. 3.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Penchina, Robert)
Jan 22, 2018	88	Exhibit A (4)
Jan 22, 2018	88	Exhibit B (22)
Jan 22, 2018	88	Exhibit C (2)
Jan 22, 2018	88	Exhibit D (2)
Jan 22, 2018	88	Exhibit E (2)
Jan 22, 2018	88	Exhibit F (2)
Jan 22, 2018	88	Exhibit G (5)
Jan 22, 2018	88	Exhibit H (7)
Jan 22, 2018	89	Motion in Limine (3) Docket Text: MOTION in Limine No. 4. Document filed by Can't Live Without It, LLC. Return Date set for 2/5/2018 at 09:00 AM.(Penchina, Robert)
Jan 22, 2018	90	Memorandum of Law in Support of Motion (18) Docket Text: MEMORANDUM OF LAW in Support re: [89] MOTION in Limine No. 4. . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Jan 22, 2018	91	Main Document (2) Docket Text: DECLARATION of Robert Penchina in Support re: [89] MOTION in Limine No. 4.. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A-1, # (2) Exhibit A-2, # (3) Exhibit B, # (4) Exhibit C-1, # (5) Exhibit C-2, # (6) Exhibit D-1, # (7) Exhibit D-2, # (8) Exhibit E, # (9) Exhibit F, # (10) Exhibit G-1, # (11) Exhibit G-2)(Penchina, Robert)
Jan 22, 2018	91	Exhibit A-1 (30)
Jan 22, 2018	91	Exhibit A-2 (32)
Jan 22, 2018	91	Exhibit B (42)
Jan 22, 2018	91	Exhibit C-1 (16)
Jan 22, 2018	91	Exhibit C-2 (17)
Jan 22, 2018	91	Exhibit D-1 (30)
Jan 22, 2018	91	Exhibit D-2 (32)
Jan 22, 2018	91	Exhibit E (10)
Jan 22, 2018	91	Exhibit F (3)
Jan 22, 2018	91	Exhibit G-1 (35)
Jan 22, 2018	91	Exhibit G-2 (37)
Jan 22, 2018	92	Motion in Limine (1) Docket Text: MOTION in Limine . Document filed by ETS Express, Inc.. Return Date set for 2/5/2018 at 09:00 AM.(Carwin, Michael)
Jan 22, 2018	93	Memorandum of Law in Support of Motion (27) Docket Text: MEMORANDUM OF LAW in Support re: [92] MOTION in Limine . . Document filed by ETS Express, Inc.. (Carwin, Michael)
Jan 22, 2018	94	Main Document (2) Docket Text: DECLARATION of Michael W. Carwin in Support re: [92] MOTION in Limine .. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2, # (3) Exhibit 2, # (4) Exhibit 3)(Carwin, Michael)
Jan 22, 2018	94	Exhibit 1-1 (32)
Jan 22, 2018	94	Exhibit 1-2 (502)
Jan 22, 2018	94	Exhibit 2 (61)
Jan 22, 2018	94	Exhibit 3 (19)
Jan 17, 2018	78	Notice of Change of Address (1) Docket Text: NOTICE OF CHANGE OF ADDRESS by Robert Penchina on behalf of Can't Live Without It, LLC. New Address: Ballard Spahr LLP, 1675 Broadway, 19th Floor, New York, NY, US 10019, 212-850-6109. (Penchina, Robert)
Jan 17, 2018	79	Exhibit List (25) Docket Text: Exhibit List and Rule 26(a)(3)(A) Pretrial Disclosures. Document filed by Can't Live Without It, LLC.(Penchina, Robert)
Jan 17, 2018	80	Rule 26 Disclosure (9) Docket Text: RULE 26 DISCLOSURE.Document filed by ETS Express, Inc..(Mattes, Bradford)
Jan 16, 2018	77	Memorandum & Opinion (40) Docket Text: OPINION AND ORDER re: [52] MOTION for Partial Summary Judgment . filed by Can't Live Without It, LLC, [56] MOTION for Summary Judgment . filed by ETS Express, Inc. Defendant's motion for summary judgment is granted dismissing plaintiff's second, fifth, and sixth causes of action (false designation of origin and unfair competition in violation of the Lanham Act, deceptive acts and practices in violation of New York General Business law § 349, and false advertising in violation of New York General Business Law § 350), but is otherwise denied, and plaintiff's motion for summary judgment is denied in its entirety. The Clerk of Court is ordered to close documents numbered 52 and 56 on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/15/18) (yv)
Jan 11, 2018	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/11/2018. (Kotowski, Linda)
Dec 28, 2017	76	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/13/17 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...(McGuirk, Kelly)
Dec 27, 2017	75	Transcript (10) Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 12/13/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 1/17/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/27/2018.(McGuirk, Kelly)
Dec 18, 2017	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/18/2017. (Kotowski, Linda)
Dec 11, 2017	68	Reply Memorandum of Law in Support of Motion (15) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [52] MOTION for Partial Summary Judgment . . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Dec 11, 2017	69	Counter Statement to Rule 56.1 (30) Docket Text: COUNTER STATEMENT TO [48] Rule 56.1 Statement. Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Dec 11, 2017	70	Main Document (3) Docket Text: DECLARATION of Mara J. Gassmann in Support re: [52] MOTION for Partial Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1 to Gassmann Decl., # (2) Exhibit 2 to Gassmann Decl., # (3) Exhibit 3 to Gassmann Decl., # (4) Exhibit 4 to Gassmann Decl., # (5) Exhibit 5 to Gassmann Decl., # (6) Exhibit 6 to Gassmann Decl., # (7) Exhibit 7 to Gassmann Decl., # (8) Exhibit 8 to Gassmann Decl., # (9) Exhibit 9 to Gassmann Decl., # (10) Exhibit 10 to Gassmann Decl., # (11) Exhibit 11 to Gassmann Decl., # (12) Exhibit 12 to Gassmann Decl., # (13) Exhibit 13 to Gassmann Decl., # (14) Exhibit 14 to Gassmann Decl., # (15) Exhibit 15 to Gassmann Decl., # (16) Exhibit 16 to Gassmann Decl., # (17) Exhibit 17 to Gassmann Decl.)(Penchina, Robert)
Dec 11, 2017	70	Exhibit 1 to Gassmann Decl. (7)
Dec 11, 2017	70	Exhibit 2 to Gassmann Decl. (5)
Dec 11, 2017	70	Exhibit 3 to Gassmann Decl. (8)
Dec 11, 2017	70	Exhibit 4 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 5 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 6 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 7 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 8 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 9 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 10 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 11 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 12 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 13 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 14 to Gassmann Decl. (1)
Dec 11, 2017	70	Exhibit 15 to Gassmann Decl. (7)
Dec 11, 2017	70	Exhibit 16 to Gassmann Decl. (8)
Dec 11, 2017	70	Exhibit 17 to Gassmann Decl. (8)
Dec 11, 2017	71	Reply Memorandum of Law in Support of Motion (13) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [56] MOTION for Summary Judgment . . Document filed by ETS Express, Inc.. (Mattes, Bradford)
Dec 11, 2017	72	Main Document (2) Docket Text: DECLARATION of Michael W. Carwin in Support re: [56] MOTION for Summary Judgment .. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13)(Mattes, Bradford)
Dec 11, 2017	72	Exhibit 1 (8)
Dec 11, 2017	72	Exhibit 2 (4)
Dec 11, 2017	72	Exhibit 3 (3)
Dec 11, 2017	72	Exhibit 4 (3)
Dec 11, 2017	72	Exhibit 5 (3)
Dec 11, 2017	72	Exhibit 6 (10)
Dec 11, 2017	72	Exhibit 7 (4)
Dec 11, 2017	72	Exhibit 8 (3)
Dec 11, 2017	72	Exhibit 9 (32)
Dec 11, 2017	72	Exhibit 10 (10)
Dec 11, 2017	72	Exhibit 11 (3)
Dec 11, 2017	72	Exhibit 12 (9)
Dec 11, 2017	72	Exhibit 13 (21)
Dec 11, 2017	73	Counter Statement to Rule 56.1 (17) Docket Text: COUNTER STATEMENT TO [59] Rule 56.1 Statement. Document filed by ETS Express, Inc.. (Mattes, Bradford)
Dec 11, 2017	N/A	Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz)
Dec 4, 2017	60	Memorandum of Law in Opposition to Motion (30) Docket Text: MEMORANDUM OF LAW in Opposition re: [56] MOTION for Summary Judgment . . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Dec 4, 2017	61	Counter Statement to Rule 56.1 (26) Docket Text: COUNTER STATEMENT TO [59] Rule 56.1 Statement, [47] Rule 56.1 Statement. Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Dec 4, 2017	62	Main Document (6) Docket Text: DECLARATION of Paul J. Safier in Opposition re: [56] MOTION for Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22-1, # (23) Exhibit 22-2, # (24) Exhibit 22-3, # (25) Exhibit 23, # (26) Exhibit 24, # (27) Exhibit 25, # (28) Exhibit 26-1, # (29) Exhibit 26-2, # (30) Exhibit 27, # (31) Exhibit 28, # (32) Exhibit 29, # (33) Exhibit 30, # (34) Exhibit 31, # (35) Exhibit 32, # (36) Exhibit 33, # (37) Exhibit 34, # (38) Exhibit 35, # (39) Exhibit 36)(Penchina, Robert)
Dec 4, 2017	62	Exhibit 1 (1)
Dec 4, 2017	62	Exhibit 2 (5)
Dec 4, 2017	62	Exhibit 3 (6)
Dec 4, 2017	62	Exhibit 4 (2)
Dec 4, 2017	62	Exhibit 5 (8)
Dec 4, 2017	62	Exhibit 6 (1)
Dec 4, 2017	62	Exhibit 7 (9)
Dec 4, 2017	62	Exhibit 8 (6)
Dec 4, 2017	62	Exhibit 9 (1)
Dec 4, 2017	62	Exhibit 10 (6)
Dec 4, 2017	62	Exhibit 11 (3)
Dec 4, 2017	62	Exhibit 12 (1)
Dec 4, 2017	62	Exhibit 13 (1)
Dec 4, 2017	62	Exhibit 14 (1)
Dec 4, 2017	62	Exhibit 15 (1)
Dec 4, 2017	62	Exhibit 16 (1)
Dec 4, 2017	62	Exhibit 17 (1)
Dec 4, 2017	62	Exhibit 18 (1)
Dec 4, 2017	62	Exhibit 19 (2)
Dec 4, 2017	62	Exhibit 20 (3)
Dec 4, 2017	62	Exhibit 21 (9)
Dec 4, 2017	62	Exhibit 22-1 (11)
Dec 4, 2017	62	Exhibit 22-2 (12)
Dec 4, 2017	62	Exhibit 22-3 (11)
Dec 4, 2017	62	Exhibit 23 (1)
Dec 4, 2017	62	Exhibit 24 (1)
Dec 4, 2017	62	Exhibit 25 (1)
Dec 4, 2017	62	Exhibit 26-1 (6)
Dec 4, 2017	62	Exhibit 26-2 (5)
Dec 4, 2017	62	Exhibit 27 (2)
Dec 4, 2017	62	Exhibit 28 (5)
Dec 4, 2017	62	Exhibit 29 (7)
Dec 4, 2017	62	Exhibit 30 (18)
Dec 4, 2017	62	Exhibit 31 (17)
Dec 4, 2017	62	Exhibit 32 (18)
Dec 4, 2017	62	Exhibit 33 (22)
Dec 4, 2017	62	Exhibit 34 (7)
Dec 4, 2017	62	Exhibit 35 (4)
Dec 4, 2017	62	Exhibit 36 (4)
Dec 4, 2017	63	Main Document (6) Docket Text: DECLARATION of Sarah M. Kauss in Opposition re: [56] MOTION for Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A-1, # (2) Exhibit A-2, # (3) Exhibit A-3, # (4) Exhibit B-1, # (5) Exhibit B-2, # (6) Exhibit B-3, # (7) Exhibit C, # (8) Exhibit D)(Penchina, Robert)
Dec 4, 2017	63	Exhibit A-1 (9)
Dec 4, 2017	63	Exhibit A-2 (10)
Dec 4, 2017	63	Exhibit A-3 (6)
Dec 4, 2017	63	Exhibit B-1 (14)
Dec 4, 2017	63	Exhibit B-2 (14)
Dec 4, 2017	63	Exhibit B-3 (12)
Dec 4, 2017	63	Exhibit C (3)
Dec 4, 2017	63	Exhibit D (3)
Dec 4, 2017	64	Memorandum of Law in Opposition to Motion (17) Docket Text: MEMORANDUM OF LAW in Opposition re: [52] MOTION for Partial Summary Judgment . . Document filed by ETS Express, Inc.. (Mattes, Bradford)
Dec 4, 2017	65	Counter Statement to Rule 56.1 (30) Docket Text: COUNTER STATEMENT TO [48] Rule 56.1 Statement. Document filed by ETS Express, Inc.. (Mattes, Bradford)
Dec 4, 2017	66	Main Document (3) Docket Text: DECLARATION of Michael W. Carwin in Opposition re: [52] MOTION for Partial Summary Judgment .. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21)(Mattes, Bradford)
Dec 4, 2017	66	Exhibit 1 (5)
Dec 4, 2017	66	Exhibit 2 (3)
Dec 4, 2017	66	Exhibit 3 (3)
Dec 4, 2017	66	Exhibit 4 (5)
Dec 4, 2017	66	Exhibit 5 (3)
Dec 4, 2017	66	Exhibit 6 (5)
Dec 4, 2017	66	Exhibit 7 (4)
Dec 4, 2017	66	Exhibit 8 (8)
Dec 4, 2017	66	Exhibit 9 (6)
Dec 4, 2017	66	Exhibit 10 (6)
Dec 4, 2017	66	Exhibit 11 (17)
Dec 4, 2017	66	Exhibit 12 (12)
Dec 4, 2017	66	Exhibit 13 (3)
Dec 4, 2017	66	Exhibit 14 (1)
Dec 4, 2017	66	Exhibit 15 (3)
Dec 4, 2017	66	Exhibit 16 (14)
Dec 4, 2017	66	Exhibit 17 (3)
Dec 4, 2017	66	Exhibit 18 (3)
Dec 4, 2017	66	Exhibit 19 (3)
Dec 4, 2017	66	Exhibit 20 (10)
Dec 4, 2017	66	Exhibit 21 (3)
Dec 4, 2017	N/A	Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz)
Nov 21, 2017	N/A	Notice to Attorney to Re-File Document - Event Type Error (0) Docket Text:*NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bradford Earl Mattes to RE-FILE Document [44] MOTION for Summary Judgment . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. REMINDER** - First refile the [41] Notice AS THE MOTION, then file and link any supporting documents. (db)
Nov 21, 2017	N/A	Notice to Attorney to Re-File Document - Event Type Error (0) Docket Text:*NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Penchina to RE-FILE Document [46] MOTION for Partial Summary Judgment . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. REMINDER** - First refile the [42] Notice AS THE MOTION, then file and link any supporting documents. (db)
Nov 21, 2017	N/A	Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Penchina to RE-FILE Document [50] Declaration in Support of Motion,, [49] Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
Nov 21, 2017	N/A	Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bradford Earl Mattes to RE-FILE Document [45] Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
Nov 21, 2017	52	Motion for Partial Summary Judgment (3) Docket Text: MOTION for Partial Summary Judgment . Document filed by Can't Live Without It, LLC. Responses due by 12/4/2017 Return Date set for 12/14/2017 at 02:00 PM.(Penchina, Robert)
Nov 21, 2017	53	Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [52] MOTION for Partial Summary Judgment . . Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Nov 21, 2017	54	Main Document (9) Docket Text: DECLARATION of Robert Penchina in Support re: [52] MOTION for Partial Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 49, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58)(Penchina, Robert)
Nov 21, 2017	54	Exhibit 1 (1)
Nov 21, 2017	54	Exhibit 2 (15)
Nov 21, 2017	54	Exhibit 3 (1)
Nov 21, 2017	54	Exhibit 4 (1)
Nov 21, 2017	54	Exhibit 5 (1)
Nov 21, 2017	54	Exhibit 6 (1)
Nov 21, 2017	54	Exhibit 7 (1)
Nov 21, 2017	54	Exhibit 8 (4)
Nov 21, 2017	54	Exhibit 9 (1)
Nov 21, 2017	54	Exhibit 10 (1)
Nov 21, 2017	54	Exhibit 11 (1)
Nov 21, 2017	54	Exhibit 12 (1)
Nov 21, 2017	54	Exhibit 13 (1)
Nov 21, 2017	54	Exhibit 14 (10)
Nov 21, 2017	54	Exhibit 15 (4)
Nov 21, 2017	54	Exhibit 16 (1)
Nov 21, 2017	54	Exhibit 17 (1)
Nov 21, 2017	54	Exhibit 18 (2)
Nov 21, 2017	54	Exhibit 19 (2)
Nov 21, 2017	54	Exhibit 20 (2)
Nov 21, 2017	54	Exhibit 21 (71)
Nov 21, 2017	54	Exhibit 22 (5)
Nov 21, 2017	54	Exhibit 23 (2)
Nov 21, 2017	54	Exhibit 24 (1)
Nov 21, 2017	54	Exhibit 25 (1)
Nov 21, 2017	54	Exhibit 26 (1)
Nov 21, 2017	54	Exhibit 27 (1)
Nov 21, 2017	54	Exhibit 28 (1)
Nov 21, 2017	54	Exhibit 29 (1)
Nov 21, 2017	54	Exhibit 30 (1)
Nov 21, 2017	54	Exhibit 31 (1)
Nov 21, 2017	54	Exhibit 32 (1)
Nov 21, 2017	54	Exhibit 33 (1)
Nov 21, 2017	54	Exhibit 34 (1)
Nov 21, 2017	54	Exhibit 35 (1)
Nov 21, 2017	54	Exhibit 36 (1)
Nov 21, 2017	54	Exhibit 37 (1)
Nov 21, 2017	54	Exhibit 38 (1)
Nov 21, 2017	54	Exhibit 39 (1)
Nov 21, 2017	54	Exhibit 40 (1)
Nov 21, 2017	54	Exhibit 41 (1)
Nov 21, 2017	54	Exhibit 42 (1)
Nov 21, 2017	54	Exhibit 43 (1)
Nov 21, 2017	54	Exhibit 44 (1)
Nov 21, 2017	54	Exhibit 45 (1)
Nov 21, 2017	54	Exhibit 46 (1)
Nov 21, 2017	54	Exhibit 47 (1)
Nov 21, 2017	54	Exhibit 48 (1)
Nov 21, 2017	54	Exhibit 49 (1)
Nov 21, 2017	54	Exhibit 50 (1)
Nov 21, 2017	54	Exhibit 51 (3)
Nov 21, 2017	54	Exhibit 52 (3)
Nov 21, 2017	54	Exhibit 53 (3)
Nov 21, 2017	54	Exhibit 54 (3)
Nov 21, 2017	54	Exhibit 55 (2)
Nov 21, 2017	54	Exhibit 56 (4)
Nov 21, 2017	54	Exhibit 57 (1)
Nov 21, 2017	54	Exhibit 58 (1)
Nov 21, 2017	55	Main Document (8) Docket Text: DECLARATION of Sarah M. Kauss in Support re: [52] MOTION for Partial Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-1, # (3) Exhibit B-2, # (4) Exhibit B-3, # (5) Exhibit B-4, # (6) Exhibit B-5, # (7) Exhibit B-6, # (8) Exhibit B-7, # (9) Exhibit B-8, # (10) Exhibit B-9, # (11) Exhibit B-10, # (12) Exhibit B-11, # (13) Exhibit B-12, # (14) Exhibit B-13, # (15) Exhibit B-14, # (16) Exhibit B-15, # (17) Exhibit B-16, # (18) Exhibit C, # (19) Exhibit D, # (20) Exhibit E)(Penchina, Robert)
Nov 21, 2017	55	Exhibit A (5)
Nov 21, 2017	55	Exhibit B-1 (6)
Nov 21, 2017	55	Exhibit B-2 (11)
Nov 21, 2017	55	Exhibit B-3 (4)
Nov 21, 2017	55	Exhibit B-4 (8)
Nov 21, 2017	55	Exhibit B-5 (14)
Nov 21, 2017	55	Exhibit B-6 (12)
Nov 21, 2017	55	Exhibit B-7 (5)
Nov 21, 2017	55	Exhibit B-8 (4)
Nov 21, 2017	55	Exhibit B-9 (8)
Nov 21, 2017	55	Exhibit B-10 (8)
Nov 21, 2017	55	Exhibit B-11 (14)
Nov 21, 2017	55	Exhibit B-12 (11)
Nov 21, 2017	55	Exhibit B-13 (11)
Nov 21, 2017	55	Exhibit B-14 (5)
Nov 21, 2017	55	Exhibit B-15 (3)
Nov 21, 2017	55	Exhibit B-16 (4)
Nov 21, 2017	55	Exhibit C (6)
Nov 21, 2017	55	Exhibit D (4)
Nov 21, 2017	55	Exhibit E (3)
Nov 21, 2017	56	Motion for Summary Judgment (1) Docket Text: MOTION for Summary Judgment . Document filed by ETS Express, Inc.. Responses due by 12/4/2017 Return Date set for 12/14/2017 at 02:00 PM.(Mattes, Bradford)
Nov 21, 2017	57	Memorandum of Law in Support of Motion (25) Docket Text: MEMORANDUM OF LAW in Support re: [56] MOTION for Summary Judgment . . Document filed by ETS Express, Inc.. (Mattes, Bradford)
Nov 21, 2017	58	Main Document (3) Docket Text: DECLARATION of Michael W. Carwin in Support re: [56] MOTION for Summary Judgment .. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11.1, # (12) Exhibit 11.2, # (13) Exhibit 11.3, # (14) Exhibit 11.4.1, # (15) Exhibit 11.4.2, # (16) Exhibit 11.5.1, # (17) Exhibit 11.5.2, # (18) Exhibit 11.6.1, # (19) Exhibit 11.6.2, # (20) Exhibit 11.7, # (21) Exhibit 12.1, # (22) Exhibit 12.2, # (23) Exhibit 12.3, # (24) Exhibit 12.4, # (25) Exhibit 12.5, # (26) Exhibit 12.6, # (27) Exhibit 12.7, # (28) Exhibit 12.8, # (29) Exhibit 12.9, # (30) Exhibit 13, # (31) Exhibit 14, # (32) Exhibit 15, # (33) Exhibit 16.1, # (34) Exhibit 16.2, # (35) Exhibit 17, # (36) Exhibit 18, # (37) Exhibit 19, # (38) Exhibit 20, # (39) Exhibit 21, # (40) Exhibit 22)(Mattes, Bradford)
Nov 21, 2017	58	Exhibit 1 (6)
Nov 21, 2017	58	Exhibit 2 (5)
Nov 21, 2017	58	Exhibit 3 (3)
Nov 21, 2017	58	Exhibit 4 (3)
Nov 21, 2017	58	Exhibit 5 (5)
Nov 21, 2017	58	Exhibit 6 (3)
Nov 21, 2017	58	Exhibit 7 (14)
Nov 21, 2017	58	Exhibit 8 (10)
Nov 21, 2017	58	Exhibit 9 (61)
Nov 21, 2017	58	Exhibit 10 (61)
Nov 21, 2017	58	Exhibit 11.1 (70)
Nov 21, 2017	58	Exhibit 11.2 (70)
Nov 21, 2017	58	Exhibit 11.3 (70)
Nov 21, 2017	58	Exhibit 11.4.1 (20)
Nov 21, 2017	58	Exhibit 11.4.2 (20)
Nov 21, 2017	58	Exhibit 11.5.1 (25)
Nov 21, 2017	58	Exhibit 11.5.2 (25)
Nov 21, 2017	58	Exhibit 11.6.1 (25)
Nov 21, 2017	58	Exhibit 11.6.2 (25)
Nov 21, 2017	58	Exhibit 11.7 (56)
Nov 21, 2017	58	Exhibit 12.1 (20)
Nov 21, 2017	58	Exhibit 12.2 (20)
Nov 21, 2017	58	Exhibit 12.3 (20)
Nov 21, 2017	58	Exhibit 12.4 (10)
Nov 21, 2017	58	Exhibit 12.5 (10)
Nov 21, 2017	58	Exhibit 12.6 (10)
Nov 21, 2017	58	Exhibit 12.7 (10)
Nov 21, 2017	58	Exhibit 12.8 (15)
Nov 21, 2017	58	Exhibit 12.9 (18)
Nov 21, 2017	58	Exhibit 13 (17)
Nov 21, 2017	58	Exhibit 14 (11)
Nov 21, 2017	58	Exhibit 15 (34)
Nov 21, 2017	58	Exhibit 16.1 (20)
Nov 21, 2017	58	Exhibit 16.2 (9)
Nov 21, 2017	58	Exhibit 17 (3)
Nov 21, 2017	58	Exhibit 18 (3)
Nov 21, 2017	58	Exhibit 19 (4)
Nov 21, 2017	58	Exhibit 20 (27)
Nov 21, 2017	58	Exhibit 21 (10)
Nov 21, 2017	58	Exhibit 22 (4)
Nov 21, 2017	59	Rule 56.1 Statement (7) Docket Text: RULE 56.1 STATEMENT. Document filed by ETS Express, Inc.. (Mattes, Bradford)
Nov 20, 2017	N/A	Transmission to Sealed Records Clerk (0) Docket Text: Transmission to Sealed Records Clerk. Transmitted re: [43] Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
Nov 20, 2017	43	Order (1) Docket Text: ORDER: Upon the joint application of the parties for permission to file those portions of their summary judgment papers that contain confidential competitive business information under seal, the application is hereby granted. The Clerk of Court is directed to accept redacted copies of the parties' summary judgment papers for purposes of the public filing. Unredacted copies of those papers, along with all other motion-related papers, shall be submitted to the Court in a hard-copy form and served on opposing counsel via electronic mail. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/17/2017) (kgo)
Nov 20, 2017	44	Motion for Summary Judgment (25) Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by ETS Express, Inc.. Responses due by 12/4/2017(Mattes, Bradford) Modified on 11/21/2017 (db).
Nov 20, 2017	45	Main Document (3) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael W. Carwin in Support re: [44] MOTION for Summary Judgment .. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11.1, # (12) Exhibit 11.2, # (13) Exhibit 11.3, # (14) Exhibit 11.4.1, # (15) Exhibit 11.4.2, # (16) Exhibit 11.5.1, # (17) Exhibit 11.5.2, # (18) Exhibit 11.6.1, # (19) Exhibit 11.6.2, # (20) Exhibit 11.7, # (21) Exhibit 12.1, # (22) Exhibit 12.2, # (23) Exhibit 12.3, # (24) Exhibit 12.4, # (25) Exhibit 12.5, # (26) Exhibit 12.6, # (27) Exhibit 12.7, # (28) Exhibit 12.8, # (29) Exhibit 12.9, # (30) Exhibit 13, # (31) Exhibit 14, # (32) Exhibit 15, # (33) Exhibit 16.1, # (34) Exhibit 16.2, # (35) Exhibit 17, # (36) Exhibit 18, # (37) Exhibit 19, # (38) Exhibit 20, # (39) Exhibit 21, # (40) Exhibit 22)(Mattes, Bradford) Modified on 11/21/2017 (db).
Nov 20, 2017	45	Exhibit 1 (6)
Nov 20, 2017	45	Exhibit 2 (5)
Nov 20, 2017	45	Exhibit 3 (3)
Nov 20, 2017	45	Exhibit 4 (3)
Nov 20, 2017	45	Exhibit 5 (5)
Nov 20, 2017	45	Exhibit 6 (3)
Nov 20, 2017	45	Exhibit 7 (14)
Nov 20, 2017	45	Exhibit 8 (10)
Nov 20, 2017	45	Exhibit 9 (61)
Nov 20, 2017	45	Exhibit 10 (61)
Nov 20, 2017	45	Exhibit 11.1 (70)
Nov 20, 2017	45	Exhibit 11.2 (70)
Nov 20, 2017	45	Exhibit 11.3 (70)
Nov 20, 2017	45	Exhibit 11.4.1 (20)
Nov 20, 2017	45	Exhibit 11.4.2 (20)
Nov 20, 2017	45	Exhibit 11.5.1 (25)
Nov 20, 2017	45	Exhibit 11.5.2 (25)
Nov 20, 2017	45	Exhibit 11.6.1 (25)
Nov 20, 2017	45	Exhibit 11.6.2 (25)
Nov 20, 2017	45	Exhibit 11.7 (56)
Nov 20, 2017	45	Exhibit 12.1 (20)
Nov 20, 2017	45	Exhibit 12.2 (20)
Nov 20, 2017	45	Exhibit 12.3 (20)
Nov 20, 2017	45	Exhibit 12.4 (10)
Nov 20, 2017	45	Exhibit 12.5 (10)
Nov 20, 2017	45	Exhibit 12.6 (10)
Nov 20, 2017	45	Exhibit 12.7 (10)
Nov 20, 2017	45	Exhibit 12.8 (15)
Nov 20, 2017	45	Exhibit 12.9 (18)
Nov 20, 2017	45	Exhibit 13 (17)
Nov 20, 2017	45	Exhibit 14 (11)
Nov 20, 2017	45	Exhibit 15 (34)
Nov 20, 2017	45	Exhibit 16.1 (20)
Nov 20, 2017	45	Exhibit 16.2 (9)
Nov 20, 2017	45	Exhibit 17 (3)
Nov 20, 2017	45	Exhibit 18 (3)
Nov 20, 2017	45	Exhibit 19 (4)
Nov 20, 2017	45	Exhibit 20 (27)
Nov 20, 2017	45	Exhibit 21 (10)
Nov 20, 2017	45	Exhibit 22 (4)
Nov 20, 2017	46	Motion for Partial Summary Judgment (30) Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment . Document filed by Can't Live Without It, LLC. Responses due by 12/4/2017 Return Date set for 12/14/2017 at 02:00 PM.(Penchina, Robert) Modified on 11/21/2017 (db).
Nov 20, 2017	47	Rule 56.1 Statement (7) Docket Text: RULE 56.1 STATEMENT. Document filed by ETS Express, Inc.. (Mattes, Bradford)
Nov 20, 2017	48	Rule 56.1 Statement (18) Docket Text: RULE 56.1 STATEMENT. Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Nov 20, 2017	49	Main Document (9) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert Penchina in Support re: [46] MOTION for Partial Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 49, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58)(Penchina, Robert) Modified on 11/21/2017 (db).
Nov 20, 2017	49	Exhibit 1 (1)
Nov 20, 2017	49	Exhibit 2 (15)
Nov 20, 2017	49	Exhibit 3 (1)
Nov 20, 2017	49	Exhibit 4 (1)
Nov 20, 2017	49	Exhibit 5 (1)
Nov 20, 2017	49	Exhibit 6 (1)
Nov 20, 2017	49	Exhibit 7 (1)
Nov 20, 2017	49	Exhibit 8 (4)
Nov 20, 2017	49	Exhibit 9 (1)
Nov 20, 2017	49	Exhibit 10 (1)
Nov 20, 2017	49	Exhibit 11 (1)
Nov 20, 2017	49	Exhibit 12 (1)
Nov 20, 2017	49	Exhibit 13 (1)
Nov 20, 2017	49	Exhibit 14 (10)
Nov 20, 2017	49	Exhibit 15 (4)
Nov 20, 2017	49	Exhibit 16 (1)
Nov 20, 2017	49	Exhibit 17 (1)
Nov 20, 2017	49	Exhibit 18 (2)
Nov 20, 2017	49	Exhibit 19 (2)
Nov 20, 2017	49	Exhibit 20 (2)
Nov 20, 2017	49	Exhibit 21 (71)
Nov 20, 2017	49	Exhibit 22 (5)
Nov 20, 2017	49	Exhibit 23 (2)
Nov 20, 2017	49	Exhibit 24 (1)
Nov 20, 2017	49	Exhibit 25 (1)
Nov 20, 2017	49	Exhibit 26 (1)
Nov 20, 2017	49	Exhibit 27 (1)
Nov 20, 2017	49	Exhibit 28 (1)
Nov 20, 2017	49	Exhibit 29 (1)
Nov 20, 2017	49	Exhibit 30 (1)
Nov 20, 2017	49	Exhibit 31 (1)
Nov 20, 2017	49	Exhibit 32 (1)
Nov 20, 2017	49	Exhibit 33 (1)
Nov 20, 2017	49	Exhibit 34 (1)
Nov 20, 2017	49	Exhibit 35 (1)
Nov 20, 2017	49	Exhibit 36 (1)
Nov 20, 2017	49	Exhibit 37 (1)
Nov 20, 2017	49	Exhibit 38 (1)
Nov 20, 2017	49	Exhibit 39 (1)
Nov 20, 2017	49	Exhibit 40 (1)
Nov 20, 2017	49	Exhibit 41 (1)
Nov 20, 2017	49	Exhibit 42 (1)
Nov 20, 2017	49	Exhibit 43 (1)
Nov 20, 2017	49	Exhibit 44 (1)
Nov 20, 2017	49	Exhibit 45 (1)
Nov 20, 2017	49	Exhibit 46 (1)
Nov 20, 2017	49	Exhibit 47 (1)
Nov 20, 2017	49	Exhibit 48 (1)
Nov 20, 2017	49	Exhibit 49 (1)
Nov 20, 2017	49	Exhibit 50 (1)
Nov 20, 2017	49	Exhibit 51 (3)
Nov 20, 2017	49	Exhibit 52 (3)
Nov 20, 2017	49	Exhibit 53 (3)
Nov 20, 2017	49	Exhibit 54 (3)
Nov 20, 2017	49	Exhibit 55 (2)
Nov 20, 2017	49	Exhibit 56 (4)
Nov 20, 2017	49	Exhibit 57 (1)
Nov 20, 2017	49	Exhibit 58 (1)
Nov 20, 2017	50	Main Document (8) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sarah M. Kauss in Support re: [46] MOTION for Partial Summary Judgment .. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B-1, # (3) Exhibit B-2, # (4) Exhibit B-3, # (5) Exhibit B-4, # (6) Exhibit B-5, # (7) Exhibit B-6, # (8) Exhibit B-7, # (9) Exhibit B-8, # (10) Exhibit B-9, # (11) Exhibit B-10, # (12) Exhibit B-11, # (13) Exhibit B-12, # (14) Exhibit B-13, # (15) Exhibit B-14, # (16) Exhibit B-15, # (17) Exhibit B-16, # (18) Exhibit C, # (19) Exhibit D, # (20) Exhibit E)(Penchina, Robert) Modified on 11/21/2017 (db).
Nov 20, 2017	50	Exhibit A (5)
Nov 20, 2017	50	Exhibit B-1 (6)
Nov 20, 2017	50	Exhibit B-2 (11)
Nov 20, 2017	50	Exhibit B-3 (4)
Nov 20, 2017	50	Exhibit B-4 (8)
Nov 20, 2017	50	Exhibit B-5 (14)
Nov 20, 2017	50	Exhibit B-6 (12)
Nov 20, 2017	50	Exhibit B-7 (5)
Nov 20, 2017	50	Exhibit B-8 (4)
Nov 20, 2017	50	Exhibit B-9 (8)
Nov 20, 2017	50	Exhibit B-10 (8)
Nov 20, 2017	50	Exhibit B-11 (14)
Nov 20, 2017	50	Exhibit B-12 (11)
Nov 20, 2017	50	Exhibit B-13 (11)
Nov 20, 2017	50	Exhibit B-14 (5)
Nov 20, 2017	50	Exhibit B-15 (3)
Nov 20, 2017	50	Exhibit B-16 (4)
Nov 20, 2017	50	Exhibit C (6)
Nov 20, 2017	50	Exhibit D (4)
Nov 20, 2017	50	Exhibit E (3)
Nov 20, 2017	N/A	Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mps)
Nov 16, 2017	41	Notice (Other) (1) Docket Text: NOTICE of Motion for Summary Judgment. Document filed by ETS Express, Inc.. (Mattes, Bradford)
Nov 16, 2017	42	Notice (Other) (3) Docket Text: NOTICE of of Motion for Partial Summary Judgment. Document filed by Can't Live Without It, LLC. (Penchina, Robert)
Oct 17, 2017	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/17/2017. (Kotowski, Linda)
Oct 10, 2017	40	Order (6) Docket Text: MEMORANDUM: Plaintiff Can't Live Without It, LLC, d/b/a S'well Bottle ("S'well") holds a registered trademark in the trade dress of its signature product, the S'well water bottle, the design of which has registered with the United States Patent and Trademark Office. S'well alleges in this litigation that defendant ETS Express, Inc. ("ETS") has infringed its registered trade dress and violated various federal and state laws by selling and promoting very similarly shaped bottles. ETS has filed a counterclaim seeking cancellation of the relevant registrations and declarations that they are invalid and that ETS has not infringed plaintiff's trade dress rights; as further set forth herein. For the foregoing reasons, the Court granted defendants' application for a preliminary injunction and denied plaintiff's application that ETS be ordered to post a bond. (Signed by Judge Jed S. Rakoff on 10/9/2017) (mro)
Oct 2, 2017	N/A	Brief (0) Docket Text: DEFENDANTS' LETTER BRIEF. ***Docketed as a docket and file pursuant to instructions from Chambers. (mro)
Oct 2, 2017	N/A	Remark (0) Docket Text: ATTACHMENT 1 TO DEFENDANTS' LETTER BRIEF. ***Docketed as a docket and file pursuant to instructions from Chambers. (mro)
Oct 2, 2017	N/A	Remark (0) Docket Text: ATTACHMENT 2 TO DEFENDANTS' LETTER BRIEF. ***Docketed as a docket and file pursuant to instructions from Chambers. (mro)
Oct 2, 2017	N/A	Remark (0) Docket Text: ATTACHMENT 3 TO DEFENDANTS' LETTER BRIEF. ***Docketed as a docket and file pursuant to instructions from Chambers. (mro)
Oct 2, 2017	37	Notice of Change of Address (1) Docket Text: NOTICE OF CHANGE OF ADDRESS by Mara J. Gassmann on behalf of Can't Live Without It, LLC. New Address: Ballard Spahr LLP, 1909 K Street, NW, 12th Floor, Washington, DC, USA 2006-1157, 202-508-1104. (Gassmann, Mara)
Oct 2, 2017	38	Notice of Change of Address (1) Docket Text: NOTICE OF CHANGE OF ADDRESS by Paul Safier on behalf of Can't Live Without It, LLC. New Address: Ballard Spahr LLP, 1735 Market Street, 51st Floor, Philadelphia, PA, USA 19103-7599, 215-988-9146. (Safier, Paul)
Oct 2, 2017	39	Notice of Change of Address (1) Docket Text: NOTICE OF CHANGE OF ADDRESS by Robert Penchina on behalf of Can't Live Without It, LLC. New Address: Ballard Spahr LLP, 919 Third Avenue, 37th Floor, New York, NY, USA 10022-3915, 212-850-6109. (Penchina, Robert)
Sep 21, 2017	31	Transcript (12) Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 9/8/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 10/12/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/20/2017.(McGuirk, Kelly)
Sep 21, 2017	32	Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 9/8/17 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...(McGuirk, Kelly)
Sep 15, 2017	N/A	Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/15/2017. (Kotowski, Linda)
Sep 12, 2017	30	Order (1) Docket Text: ORDER: Before the Court is a motion for a preliminary injunction brought by defendant ETS Express, Inc. After hearing oral argument and upon consideration of the letter briefs, the Court hereby grants the motion. Plaintiff shall forthwith notify the U.S. Customs and Border Protection, Port Directors of Charleston, South Carolina and Los Angeles, California that it consents to (1) the immediate release of all goods seized or otherwise held in connection with U.S. Patent & Trademark Office Registration Number 5118514, and (2) to any future importation of such goods where the importer of record is ETS Express, Inc., until future written notice. Plaintiff shall copy the Court and opposing counsel on this communication. A memorandum explaining the reasons for this ruling will issue in due course. (Signed by Judge Jed S. Rakoff on 9/10/2017) (ap)
Sep 8, 2017	N/A	Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 9/8/2017 re: [1] Complaint filed by Can't Live Without It, LLC. (Kotowski, Linda)
Sep 6, 2017	29	Main Document (5) Docket Text: OPPOSITION BRIEF . Document filed by Can't Live Without It, LLC. (Attachments: # (1) Exhibit A to Letter Brief)(Safier, Paul)
Sep 6, 2017	29	Exhibit A to Letter Brief (3)
Aug 21, 2017	28	Protective Order (7) Docket Text: PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Jed S. Rakoff on 8/18/17) (yv)
Aug 7, 2017	27	Order on Motion to Appear Pro Hac Vice (8) Docket Text: ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting [26] Motion for Paul J. Safier to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/4/2017) (anc)
Aug 3, 2017	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [26] MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13974816. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
Aug 3, 2017	26	Main Document (2) Docket Text: MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13974816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Affidavit of Paul Safier in Support, # (2) Exhibit A to the Safier Affidavit - Certificate of Good Standing, # (3) Proposed Order)(Safier, Paul)
Aug 3, 2017	26	Affidavit of Paul Safier in Support (2)
Aug 3, 2017	26	Exhibit A to the Safier Affidavit - Certificate of Good Standing (2)
Aug 3, 2017	26	Proposed Order (2)
Jun 23, 2017	25	Answer to Counterclaim (7) Docket Text: ANSWER to [23] Counterclaim. Document filed by Can't Live Without It, LLC.(Penchina, Robert)
Jun 6, 2017	24	Order on Motion to Appear Pro Hac Vice (10) Docket Text: ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting [21] Motion for Mara J. Gassmann to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/5/2017) (mro)
Jun 2, 2017	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [21] MOTION for Mara J. Gassmann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13737165. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
Jun 2, 2017	21	Main Document (2) Docket Text: MOTION for Mara J. Gassmann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13737165. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Can't Live Without It, LLC. (Attachments: # (1) Affidavit of Mara J. Gassmann in Support, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Text of Proposed Order)(Gassmann, Mara)
Jun 2, 2017	21	Affidavit of Mara J. Gassmann in Support (2)
Jun 2, 2017	21	Exhibit 1 (2)
Jun 2, 2017	21	Exhibit 2 (2)
Jun 2, 2017	21	Text of Proposed Order (2)
Jun 2, 2017	22	Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ETS Express, Inc..(Kleinberg, Marvin)
Jun 2, 2017	23	Main Document (16) Docket Text: ANSWER to [1] Complaint with JURY DEMAND., COUNTERCLAIM against Can't Live Without It, LLC. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit 1 - December 2014 letter, # (2) Exhibit 2 - Complaint for Dec. Judgment filed 2014)(Kleinberg, Marvin)
Jun 2, 2017	23	Exhibit 1 - December 2014 letter (6)
Jun 2, 2017	23	Exhibit 2 - Complaint for Dec. Judgment filed 2014 (23)
Jun 1, 2017	N/A	Pretrial Conference - Initial (0) Docket Text: Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 6/1/2017. (Kotowski, Linda)
Jun 1, 2017	20	Case Management Plan (3) Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Amended Pleadings due by 6/30/2017. Joinder of Parties due by 6/30/2017. Motions due by 10/6/2017. Responses due by 10/20/2017. Replies due by 10/27/2017. Deposition due by 9/29/2017. Discovery due by 9/29/2017. Oral Argument set for 11/8/2017 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 11/8/2017 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 11/1/2017, and as further set forth in this Civil Case Management Plan and Scheduling Order. So ordered. (Signed by Judge Jed S. Rakoff on 6/1/2017) (rjm)
May 31, 2017	18	Order on Motion to Appear Pro Hac Vice (7) Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [15] Motion for Michael William Carwin to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/27/2017) (mro)
May 31, 2017	19	Order on Motion to Appear Pro Hac Vice (7) Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [14] Motion for Bradford Earl Mattes to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/27/2017) (mro)
May 30, 2017	17	Order on Motion to Appear Pro Hac Vice (7) Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [16] Motion for Marvin H. Kleinberg to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/27/2017) (mro)
May 24, 2017	N/A	Notice Regarding Deficient Motion to Appear Pro Hac vice (0) Docket Text:>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [12] MOTION for Bradford Earl Mattes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13701157. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE MOTION FOR PRO HAC VICE FILING IS MISSING THE REQUIRED DOCUMENTS: AFFIDAVIT, CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF CALIFORNIA AND 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)
May 24, 2017	N/A	Notice Regarding Deficient Motion to Appear Pro Hac vice (0) Docket Text:>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [13] Declaration in Support of Motion,.. The filing is deficient for the following reason(s): MISSING THE MOTION. ALL DOCUMENTS MUST BE SUBMITTED IN ONE SUBMISSION. THE ORDER OF THE DOCUMENTS SHOULD BE AS FOLLOWS: MOTION, AFFIDAVIT/DECLARATION, CERTIFICATE OF GOOD STANDING AND 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)
May 24, 2017	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [14] MOTION for Bradford Earl Mattes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 24, 2017	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Marvin H. Kleinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13703905. Motion and supporting papers to be reviewed by Clerk's Office staff., [15] MOTION for Michael William Carwin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 24, 2017	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [15] MOTION for Michael William Carwin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 24, 2017	13	Main Document (2) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Bradford Earl Mattes in Support re: [12] MOTION for Bradford Earl Mattes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13701157. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit Certificate of Good Standing, # (2) Exhibit Proposed Order)(Mattes, Bradford) Modified on 5/24/2017 (ma).
May 24, 2017	13	Exhibit Certificate of Good Standing (2)
May 24, 2017	13	Exhibit Proposed Order (2)
May 24, 2017	14	Main Document (1) Docket Text: MOTION for Bradford Earl Mattes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc.. (Attachments: # (1) Affidavit /Declaration, # (2) Exhibit 1 - Certificate of Good Standing, # (3) Exhibit 2 - Proposed Order)(Mattes, Bradford)
May 24, 2017	14	Affidavit /Declaration (2)
May 24, 2017	14	Exhibit 1 - Certificate of Good Standing (2)
May 24, 2017	14	Exhibit 2 - Proposed Order (2)
May 24, 2017	15	Main Document (1) Docket Text: MOTION for Michael William Carwin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc.. (Attachments: # (1) Affidavit Declaration, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Proposed Order)(Carwin, Michael)
May 24, 2017	15	Affidavit Declaration (2)
May 24, 2017	15	Exhibit Certificate of Good Standing (2)
May 24, 2017	15	Exhibit Proposed Order (2)
May 24, 2017	16	Main Document (1) Docket Text: MOTION for Marvin H. Kleinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13703905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc.. (Attachments: # (1) Affidavit Declaration, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Proposed Order)(Kleinberg, Marvin)
May 24, 2017	16	Affidavit Declaration (2)
May 24, 2017	16	Exhibit Certificate of Good Standing (2)
May 24, 2017	16	Exhibit Proposed Order (2)
May 22, 2017	N/A	Notice Regarding Deficient Motion to Appear Pro Hac vice (0) Docket Text:>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [11] MOTION for Michael William Carwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13692726. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT AND CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF CALIFORNIA.;. 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)
May 22, 2017	11	Main Document (3) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael William Carwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13692726. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ETS Express, Inc.. (Attachments: # (1) Exhibit Certificate of Good Standing, # (2) Exhibit Proposed Order)(Carwin, Michael) Modified on 5/22/2017 (ma).
May 22, 2017	11	Exhibit Certificate of Good Standing (1)
May 22, 2017	11	Exhibit Proposed Order (2)
May 18, 2017	10	Summons Returned Executed (5) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint served. ETS Express, Inc. served on 5/12/2017, answer due 6/2/2017. Service was accepted by Alexis Arazo. Document filed by Can't Live Without It, LLC. (Penchina, Robert)
May 15, 2017	9	Order for Initial Pretrial Conference (3) Docket Text: NOTICE OF COURT CONFERENCE: Initial Conference set for 6/1/2017 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 5/15/2017) (kgo)
May 12, 2017	7	AO 120 Form Trademark - Case Opening - Submitted (1) Docket Text: 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). (kl)
May 12, 2017	8	Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed. (Penchina, Robert)
May 11, 2017	N/A	Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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. (jvs)
May 11, 2017	N/A	Case Designation (0) Docket Text: Magistrate Judge Andrew J. Peck 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. (jvs)
May 11, 2017	N/A	Case Designated ECF (0) Docket Text: Case Designated ECF. (jvs)
May 11, 2017	N/A	Notice to Attorney Regarding Deficient Civil Cover Sheet (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Penchina to RE-FILE Document No. [2] Civil Cover Sheet. The filing is deficient for the following reason(s): COURTHOUSE ASSIGMENT MUST BE MARKED OFF;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jvs)
May 11, 2017	6	Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to ETS Express, Inc. (jvs)
May 10, 2017	1	Main Document (28) Docket Text: COMPLAINT against ETS Express, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13648487)Document filed by Can't Live Without It, LLC d/b/a S'well Bottle. (Attachments: # (1) Exhibit A)(Penchina, Robert)
May 10, 2017	1	Exhibit A (2)
May 10, 2017	2	Civil Cover Sheet (2) Docket Text: FILING ERROR - PDF ERROR CIVIL COVER SHEET filed. (Penchina, Robert) Modified on 5/11/2017 (jvs).
May 10, 2017	3	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to ETS Express, Inc., re: [1] Complaint. Document filed by Can't Live Without It, LLC d/b/a S'well Bottle. (Penchina, Robert)
May 10, 2017	4	Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Can't Live Without It, LLC d/b/a S'well Bottle.(Penchina, Robert)
May 10, 2017	5	AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Penchina, Robert)

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Can't Live Without It, LLC d/b/a S'well Bottle v. ETS Express, Inc. > Documents