Case number 1:18-cv-05841
Hair Flair Limited v. Walmart Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 27, 2019 | 39 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 Order) (Hong, Loan) (Entered: 08/27/2019) (0) |
| Aug 22, 2019 | 38 | STIPULATION OF DISMISSAL: that the above-entitled action against Defendant, is dismissed with prejudice and without costs, or disbursements, or attorneys' fees to any party. pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The application is granted. SO Ordered by Judge William F. Kuntz, II on 8/22/2019. (Ramesar, Thameera) (Entered: 08/22/2019) (1) |
| Aug 22, 2019 | 37 | STIPULATION of Dismissal With Prejudice by Hair Flair Limited (McDonough, Theodore) (Entered: 08/22/2019) (1) |
| Aug 9, 2019 | N/A | ORDER granting 36 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 8/9/2019. (Lanci, Michael) (Entered: 08/09/2019) (0) |
| Aug 9, 2019 | 36 | Joint MOTION for Extension of Time to File Response/Reply as to 33 Letter /Defendant's Motion to Dismiss by Hair Flair Limited. (McDonough, Theodore) (Entered: 08/09/2019) (2) |
| Jul 25, 2019 | N/A | ORDER granting 35 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 7/25/2019. (Kuntz, William) (Entered: 07/25/2019) (0) |
| Jul 25, 2019 | 35 | Joint MOTION for Extension of Time to File Response/Reply to Defendant's Rule 12(b) (6) Motion by Hair Flair Limited. (McDonough, Theodore) (Entered: 07/25/2019) (2) |
| Jul 8, 2019 | N/A | ORDER granting 34 Motion for Extension of Time to File Response/Reply. The Court adopts the parties' agreed-upon amended briefing schedule. Plaintiff shall serve its opposition brief on or before July 26, 2019. Defendant shall serve its reply, if any, on or before August 12, 2019. So Ordered by Judge William F. Kuntz, II on 7/8/2019. (Lanci, Michael) (Entered: 07/08/2019) (0) |
| Jul 8, 2019 | 34 | Joint MOTION for Extension of Time to File Response/Reply to Defendant's Rule 12(b)(6) Motion by Hair Flair Limited. (McDonough, Theodore) (Entered: 07/08/2019) (2) |
| Jun 14, 2019 | 33 | Letter Serving Motion to Dismiss Amended Complaint by Walmart Inc. (Kahn, Sherman) (Entered: 06/14/2019) (2) |
| Jun 7, 2019 | N/A | ORDER: The motion 32 is granted. The discovery deadlines are hereby extended as proposed by the parties. The settlement conference scheduled for 7/18/2019 is hereby adjourned to 9/11/2019 at 10:30 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/7/2019. (Murphy, Colleen) (Entered: 06/07/2019) (0) |
| Jun 6, 2019 | 32 | Joint MOTION for Extension of Time to Complete Discovery by Walmart Inc.. (Kahn, Sherman) (Entered: 06/06/2019) (2) |
| May 30, 2019 | N/A | ORDER granting 31 Motion for Extension of Time to File. The Court adopts the parties' agreed-upon briefing schedule. Defendant shall serve its opening brief on or before June 14, 2019. Plaintiff shall serve its opposition brief on or before July 12, 2019. Defendant shall serve its reply, if any, on or before July 29, 2019. So Ordered by Judge William F. Kuntz, II on 5/30/2019. (Lanci, Michael) (Entered: 05/30/2019) (0) |
| May 29, 2019 | 31 | Letter MOTION for Extension of Time to File and Brief Defendant's Rule 12(b)(6) Motion by Walmart Inc.. (Kahn, Sherman) (Entered: 05/29/2019) (2) |
| May 23, 2019 | N/A | ORDER granting 30 Motion for Extension of Time to File. The Court adopts the parties' agreed-upon briefing schedule. Defendant shall serve its opening brief on or before May 31, 2019. Plaintiff shall serve its opposition brief on or before June 28, 2019. Defendant shall serve its reply, if any, on or before July 15, 2019. So Ordered by Judge William F. Kuntz, II on 5/23/2019. (Lanci, Michael) (Entered: 05/23/2019) (0) |
| May 22, 2019 | 30 | Letter MOTION for Extension of Time to File and Brief Defendant's Rule 12(b)(6) Motion by Walmart Inc.. (Kahn, Sherman) (Entered: 05/22/2019) (2) |
| May 6, 2019 | N/A | ORDER granting 29 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 5/6/2019. (Kuntz, William) (Entered: 05/06/2019) (0) |
| May 6, 2019 | 29 | Letter MOTION for Extension of Time to File and Brief Defendant's Rule 12(b)(6) Motion by Walmart Inc.. (Kahn, Sherman) (Entered: 05/06/2019) (2) |
| Apr 23, 2019 | N/A | ORDER granting 27 Motion for Pre Motion Conference. The Court grants Defendant leave to file a Motion to Dismiss in lieu of holding a second Pre Motion Conference and adopts the parties' agreed-upon briefing schedule. Defendant shall serve its opening brief on or before May 10, 2019. Plaintiff shall serve its opposition brief on or before June 7, 2019. Defendant shall serve its reply, if any, on or before June 21, 2019. So Ordered by Judge William F. Kuntz, II on 4/23/2019. (Lanci, Michael) (Entered: 04/23/2019) (0) |
| Apr 22, 2019 | N/A | ORDER: The motion for extension of time 28 is granted. The Court adopts the parties' proposed schedule. The deadline to serve the first set of document requests and interrogatories is hereby extended to 5/17/2019. The settlement conference scheduled for 5/7/2019 is hereby rescheduled for 7/18/2019 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/22/2019. (Murphy, Colleen) (Entered: 04/22/2019) (0) |
| Apr 19, 2019 | 28 | Joint MOTION for Extension of Time to Complete Discovery and Continuance of Settlement Conference Pending Settlement Discussions by Walmart Inc.. (Kahn, Sherman) (Entered: 04/19/2019) (2) |
| Apr 17, 2019 | 27 | Letter MOTION for pre motion conference for Leave to File Second Motion to Dismiss by Walmart Inc.. (Kahn, Sherman) (Entered: 04/17/2019) (2) |
| Apr 4, 2019 | 26 | Amended Complaint* (1) |
| Apr 4, 2019 | 26 | AMENDED COMPLAINT with Jury Trial Demanded against Walmart Inc., filed by Hair Flair Limited. (Attachments: # 1 Exhibit A - Copies of the Registration Certificates for Plaintiffs word and logo marks, # 2 Exhibit B - Copy of the 989 patent, # 3 Exhibit C - Copy of a search result page using the search term CURLFORMERS, # 4 Exhibit D - Listing for last product listed, # 5 Exhibit E - Google search results showing unauthorized product at walmart.com, and walmart.com, # 6 Exhibit F - CURLFORMERS search results page on Alibaba.com, # 7 Exhibit G - Screenshot illustrating the infringing search terms supplied by Defendants websites auto-complete feature, # 8 Exhibit H - Screenshot illustrating the infringing Related Searches, # 9 Exhibit I - Copy of Plaintiffs April 13, 2018 letter to Defendant, # 10 Exhibit J - Copy of Defendants May 11, 2018 email, # 11 Exhibit K - List of Accused Products for sale on walmart.com as of October 9, 2018., # 12 Exhibit L - Printouts of the sale listings identified on Exhibit K, # 13 Exhibit M - Plaintiffs Disclosure of Asserted Claims and Infringement Contentions) (Griem, John) (Entered: 04/04/2019) (0) |
| Apr 3, 2019 | N/A | ORDER granting 25 Motion to Amend/Correct/Supplement. So Ordered by Judge William F. Kuntz, II on 4/3/2019. (Kuntz, William) (Entered: 04/03/2019) (0) |
| Apr 2, 2019 | 25 | Letter MOTION to Amend/Correct/Supplement 1 Complaint, Requesting Leave to File Amended Complaint on Consent and/or Scheduling of a Pre-Motion Conference by Hair Flair Limited. (Attachments: # 1 Proposed Amended Complaint with Exhibits - Part 1, # 2 Proposed Amended Complaint with Exhibits - Part 2) (Griem, John) (Entered: 04/02/2019) (0) |
| Mar 5, 2019 | 24 | AGREED CONFIDENTIALITY ORDER. So Ordered by Judge William F. Kuntz, II on 3/5/2019. (Lee, Tiffeny) (Entered: 03/05/2019) (12) |
| Mar 4, 2019 | 23 | STIPULATION /Agreed Confidentiality Order by Hair Flair Limited (McDonough, Theodore) (Entered: 03/04/2019) (12) |
| Mar 1, 2019 | 22 | Letter Serving Motion to Dismiss by Walmart Inc. (Kahn, Sherman) (Entered: 03/01/2019) (2) |
| Feb 22, 2019 | 21 | ORDER: IT IS HEREBY ORDERED that the parties are directed to brief their submissions as follows: (1) Defendant to serve its motion to dismiss on or before March 1, 2019 at 5:00 P.M. on ECF; (2) Plaintiff to serve its opposition to Defendant's motion to dismiss on or before April 5, 2019 at 5:00 P.M. on ECF; (2) Defendant to serve its reply, if any, on or before April 19, 2019 at 5:00 P.M. on ECF. The Court further ORDERS discovery will continue during the pendency of the briefing schedule. SO Ordered by Judge William F. Kuntz, II on 2/21/2019. (Tavarez, Jennifer) (Entered: 02/22/2019) (1) |
| Feb 21, 2019 | N/A | Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 2/21/2019. Appearances: John Griem, Esq., appeared on behalf of Plaintiff Hair Flair Limited. Sherman Kahn, Esq., appeared on behalf of Defendant Walmart Inc. The Court granted Defendant's application to make a Motion to Dismiss. The Court ordered the following briefing schedule: 1) Defendant shall serve the motion to dismiss on or before Friday, March 1, 2019; 2) Plaintiff shall serve the memorandum in opposition on or before Friday, April 5, 2019; and 3) Defendant shall serve the reply memorandum on or before Friday, April 19, 2019. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, April 19, 2019, the parties shall electronically file their individual papers by 5:00 p.m. Defense counsel shall mail a complete set of courtesy copies of all motion papers, via overnight mail, to the United States District Courthouse, attention of Mr. Andrew Jackson. (Court Reporter Denise Parisi.) (Jackson, Andrew) (Entered: 03/08/2019) (0) |
| Jan 24, 2019 | 20 | SCHEDULING ORDER: The parties shall submit a joint certification that discovery has been completed by 12/20/2019. Other deadlines set based on parties' submitted joint discovery worksheet and are reflected in the attached order. An in-person settlement conference will be held on 2:00 P.M. on 5/7/2019 before Magistrate Judge Bulsara in Courtroom 324N. All parties must be present. Parties are to submit their respective settlement positions via ex parte to Chambers email no later than three days before 5/7/2019. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Courts website. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/23/2019. (Manson, Eddie) (Entered: 01/24/2019) (10) |
| Jan 23, 2019 | N/A | Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 1/23/2019. All parties were present.(See separate docket entry for orders issuing from this proceeding.) (FTR Log #10:10-10:28.) (Manson, Eddie) (Entered: 01/24/2019) (0) |
| Jan 18, 2019 | 19 | REPORT of Rule 26(f) Planning Meeting (Griem, John) (Entered: 01/18/2019) (10) |
| Jan 18, 2019 | 18 | Letter in response to the letter of Defendant Walmart Inc. dated January 11, 2019, requesting a Pre-Motion Conference on its planned Rule 12(b)(6) motion by Hair Flair Limited (Griem, John) (Entered: 01/18/2019) (3) |
| Jan 15, 2019 | 17 | NOTICE of Appearance by Marc Pernick on behalf of Walmart Inc. (notification declined or already on case) (Pernick, Marc) (Entered: 01/15/2019) (1) |
| Jan 15, 2019 | 16 | NOTICE of Appearance by Jason R. Bartlett on behalf of Walmart Inc. (notification declined or already on case) (Bartlett, Jason) (Entered: 01/15/2019) (1) |
| Jan 15, 2019 | N/A | ORDER: The Motion of Marc J. Pernick for Leave to Appear Pro Hac Vice 15 is granted. The attorney shall register for ECF, which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/15/2019. (Murphy, Colleen) (Entered: 01/15/2019) (0) |
| Jan 15, 2019 | N/A | ORDER: The Motion of Jason R. Bartlett for Leave to Appear Pro Hac Vice 14 is granted. The attorney shall register for ECF, which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/15/2019. (Murphy, Colleen) (Entered: 01/15/2019) (0) |
| Jan 14, 2019 | 15 | MOTION to Appear Pro Hac Vice by Marc J. Pernick for Defendant Walmart Inc. Filing fee $ 150, receipt number ANYEDC-11103880. by Walmart Inc.. (Attachments: # 1 Affidavit) (Pernick, Marc) (Entered: 01/14/2019) (0) |
| Jan 14, 2019 | 14 | MOTION to Appear Pro Hac Vice by Jason R. Bartlett for Defendant Walmart Inc. Filing fee $ 150, receipt number ANYEDC-11103874. by Walmart Inc.. (Attachments: # 1 Affidavit) (Bartlett, Jason) (Entered: 01/14/2019) (0) |
| Jan 14, 2019 | N/A | ORDER granting 13 Motion for Pre Motion Conference: Pre Motion Hearing set for 2/21/2019 at 12:00 PM in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 1/14/2019. (Jackson, Andrew) (Entered: 01/14/2019) (0) |
| Jan 11, 2019 | 13 | Letter MOTION for pre motion conference by Walmart Inc.. (Kahn, Sherman) (Entered: 01/11/2019) (3) |
| Dec 19, 2018 | 12 | DISCLOSURE of Interested Parties by Walmart Inc.. (Kahn, Sherman) (Entered: 12/19/2018) (1) |
| Dec 19, 2018 | 11 | SCHEDULING ORDER: An in-person initial conference will be held at 10:00 A.M. on 1/23/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/23/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/19/2018. (Manson, Eddie) (Entered: 12/19/2018) (6) |
| Dec 18, 2018 | N/A | ORDER: The motion for extension of time 10 is granted. Walmart Inc.'s answer is due 1/12/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2018. (Murphy, Colleen) (Entered: 12/18/2018) (0) |
| Dec 17, 2018 | 10 | Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Walmart Inc.. (Kahn, Sherman) (Entered: 12/17/2018) (1) |
| Dec 17, 2018 | 9 | NOTICE of Appearance by Sherman W Kahn on behalf of Walmart Inc. (aty to be noticed) (Kahn, Sherman) (Entered: 12/17/2018) (1) |
| Nov 13, 2018 | N/A | ORDER granting 8 Motion for Extension of Time to Answer as to Walmart Inc. Answer due 12/13/2018. So Ordered by Judge William F. Kuntz, II on 11/13/2018. (Niles, Elizabeth) (Entered: 11/13/2018) (0) |
| Nov 12, 2018 | 8 | Letter MOTION for Extension of Time to File Answer re 1 Complaint, for Defendant Walmart, Inc. to December 13, 2018 by Hair Flair Limited. (Griem, John) (Entered: 11/12/2018) (1) |
| Oct 30, 2018 | 7 | SUMMONS Returned Executed by Hair Flair Limited. Walmart Inc. served on 10/23/2018, answer due 11/13/2018. (Griem, John) (Entered: 10/30/2018) (2) |
| Oct 23, 2018 | 6 | NOTICE of Appearance by Theodore Young McDonough on behalf of Hair Flair Limited (aty to be noticed) (McDonough, Theodore) (Entered: 10/23/2018) (1) |
| Oct 22, 2018 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge William F. Kuntz, II for all further proceedings. Judge Nicholas G. Garaufis no longer assigned to case (Davis, Kimberly) (Entered: 10/22/2018) (0) |
| Oct 22, 2018 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case (Marziliano, August) (Entered: 10/22/2018) (0) |
| Oct 19, 2018 | 5 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 10/19/2018) (0) |
| Oct 19, 2018 | 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 Robert M. Levy on 10/19/2018. (Marino, Janine) (Entered: 10/19/2018) (0) |
| Oct 19, 2018 | 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: 10/19/2018) (1) |
| Oct 19, 2018 | 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: 10/19/2018) (2) |
| Oct 18, 2018 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) (Entered: 10/19/2018) (0) |
| Oct 18, 2018 | 2 | Summons Issued as to Walmart Inc.. (Bowens, Priscilla) (Entered: 10/19/2018) (2) |
| Oct 18, 2018 | 1 | Complaint* (1) |
| Oct 18, 2018 | N/A | Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. 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: 10/19/2018) (0) |
