Case number 1:21-cv-03230
Display Vectors LLC v. Sound Around Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 18, 2021 | 15 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 Electronic Order Dismissing Case) (Hong, Loan) (Entered: 10/18/2021) (0) |
| Oct 13, 2021 | 14 | NOTICE of Voluntary Dismissal by Display Vectors LLC (Loaknauth, Nicholas) (Entered: 10/13/2021) (3) |
| Oct 13, 2021 | N/A | ORDER DISMISSING CASE: The 14 Notice of Voluntary Dismissal is So Ordered. The 13 Motion to Stay is terminated as moot. Ordered by Judge Pamela K. Chen on 10/13/2021. (Irving, Louisa) (Entered: 10/13/2021) (0) |
| Oct 10, 2021 | N/A | ORDER: In light of the settlement reached among the parties, the Initial Conference scheduled for 10/29/2021 is adjourned sine die. The parties are directed to file a stipulation of dismissal by 11/9/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/10/2021. (Morrow, Emily) (Entered: 10/10/2021) (0) |
| Oct 8, 2021 | 13 | MOTION to Stay by Display Vectors LLC. (Loaknauth, Nicholas) (Entered: 10/08/2021) (2) |
| Sep 21, 2021 | N/A | RE-SCHEDULING ORDER: Due to a scheduling conflict the telephonic-initial conference scheduled for 10/22/2021 is adjourned to 10/29/2021 at 11:30 A.M. before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report 11 and electronically file same with the Court no later than two days before 10/29/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/21/2021. (Manson, Eddie) (Entered: 09/21/2021) (0) |
| Sep 10, 2021 | N/A | ORDER: The Motion for Extension of Time to Answer 12 is granted. Defendant Sound Around Inc. shall answer, move, or otherwise respond to the Complaint by 10/11/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2021. (Farrell, Gillian) (Entered: 09/10/2021) (0) |
| Sep 9, 2021 | 12 | Second MOTION for Extension of Time to File Answer re 1 Complaint, (Joined Motion) by Sound Around Inc.. (Peikes, Ariel) (Entered: 09/09/2021) (2) |
| Aug 17, 2021 | 11 | SCHEDULING ORDER: A telephonic initial conference will be held at 11:30 A.M. on 10/22/2021 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two days before 10/22/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/17/2021. (Manson, Eddie) (Entered: 08/17/2021) (8) |
| Aug 12, 2021 | N/A | ORDER: The Motion 10 is granted. Defendant Sound Around Inc. ("Defendant") has established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendant has established that the default was not willful, but the result of a delay following service via the New York State Secretary of State. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (ruling that "a filing mistake" by "counsel's clerk" was "grossly negligent" but "was not willful, deliberate, or evidence of bad faith"). Second, Plaintiff has consented to set aside the default. And third, Defendant is prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendant is directed to file its answer by 9/10/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/12/2021. (Farrell, Gillian) (Entered: 08/12/2021) (0) |
| Aug 11, 2021 | 9 | Amended MOTION for Extension of Time to File Answer re 1 Complaint, by Sound Around Inc.. (Moskowitz, Max) (Entered: 08/11/2021) (2) |
| Aug 11, 2021 | 10 | AFFIDAVIT/DECLARATION in Support re 9 Amended MOTION for Extension of Time to File Answer re 1 Complaint, Jerry Brach, Declarant filed by Sound Around Inc.. (Attachments: # 1 Exhibit 1 - Letter from NY Department of State dated July 22, 2021, # 2 Exhibit 2 - Email from Jerry Brach dated August 4, 2021, # 3 Exhibit 3 - "Affidavit of Service - Secretary of State") (Moskowitz, Max) (Entered: 08/11/2021) (0) |
| Aug 10, 2021 | N/A | ORDER: The Motion for Extension of Time to Answer 8 is denied without prejudice to renewal. Defendant Sound Around Inc. ("Defendant") seeks to extend the time to answer, move, or otherwise respond to the Complaint. Defendant's answer was due on 7/8/2021. Because it is seeking to extend the time to answer after the time to do so has passed, Defendant must file a motion by 8/17/2021 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 8/10/2021. (Farrell, Gillian) (Entered: 08/10/2021) (0) |
| Aug 9, 2021 | 7 | NOTICE of Appearance by Max Moskowitz on behalf of Sound Around Inc. (aty to be noticed) (Moskowitz, Max) (Entered: 08/09/2021) (1) |
| Aug 9, 2021 | 8 | First MOTION for Extension of Time to File Answer re 1 Complaint, by Sound Around Inc.. (Moskowitz, Max) (Entered: 08/09/2021) (2) |
| Jun 22, 2021 | 6 | SUMMONS Returned Executed by Display Vectors LLC. Sound Around Inc. served on 6/17/2021, answer due 7/8/2021. (Loaknauth, Nicholas) (Entered: 06/22/2021) (1) |
| Jun 10, 2021 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Lois Bloom no longer assigned to case (Mahoney, Brenna) (Entered: 06/10/2021) (0) |
| Jun 9, 2021 | 5 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 06/09/2021) (0) |
| Jun 9, 2021 | N/A | PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel. Ordered by Magistrate Judge Lois Bloom on 6/9/2021. (Wilhelm, Samantha) (Entered: 06/09/2021) (0) |
| Jun 8, 2021 | 2 | Summons Issued as to Sound Around Inc.. (Bowens, Priscilla) (Entered: 06/08/2021) (2) |
| Jun 8, 2021 | 3 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/08/2021) (2) |
| Jun 8, 2021 | 4 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/08/2021) (1) |
| Jun 7, 2021 | N/A | Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 06/08/2021) (0) |
| Jun 7, 2021 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) (Entered: 06/08/2021) (0) |
| Jun 7, 2021 | 1 | Complaint* (1) |
