Case number 1:18-cv-11648
Mattel, Inc. v 2012SHININGROOM2012, et al. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 18, 2022 | N/A | Cashiers Registry Disbursement (0) Docket Text: CASHIERS OFFICE REGISTRY DISBURSEMENT as per [121] Default Judgment, Terminate Motions, dated 05/02/2022, from Judge P. Kevin Castel, on 05/09/2022 disbursed to pay EPSTEIN DRANGEL LLP $5,000.00 No. 01100889.(bwi) |
| May 3, 2022 | 121 | Default Judgment (10) Docket Text: FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiff on all claims properly pled against Defaulting Defendants in the Complaint. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages requested in its Motion for Default Judgment, the Court awards Plaintiff Fifty Thousand Dollars ($50,000.00) ("Defaulting Defendants' Individual Damages Award") in statutory damages against each of the Twenty-Eight (28) Defaulting Defendants pursuant to 15 U.S.C. § 1117(c) for a total of One Million Four Hundred Thousand Dollars ($1,400,000.00) ("Defaulting Defendants' Collective Damages Award"), as well as post-judgment interest at the statutory rate set forth in 28 U.S.C. § 1961(a). IT IS FURTHER ORDERED, ADJOURNED AND DECREED that the Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection to this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 2520, New York, NY 10166. And as set forth herein. The Clerk of the Court is respectfully directed to terminate the instant motion (Doc 117) and close the case. SO ORDERED., Motions terminated: [117] MOTION for Default Judgment as to Defaulting Defendants filed by Mattel, Inc. (Signed by Judge P. Kevin Castel on 5/03/2022) (ama) Transmission to Finance Unit (Cashiers) for processing. (Main Document 121 replaced on 5/4/2022) (tro). Modified on 5/4/2022 (tro). |
| Apr 12, 2022 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [120] Proposed Default Judgment was reviewed and approved as to form. (km) |
| Apr 12, 2022 | 117 | Motion for Default Judgment (2) Docket Text: MOTION for Default Judgment as to Defaulting Defendants. Document filed by Mattel, Inc...(Futterman, Danielle) |
| Apr 12, 2022 | 118 | Main Document (11) Docket Text: AFFIDAVIT of Danielle (Yamali) Futterman in Support re: [117] MOTION for Default Judgment as to Defaulting Defendants.. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E).(Futterman, Danielle) |
| Apr 12, 2022 | 118 | Exhibit A (40) |
| Apr 12, 2022 | 118 | Exhibit B (20) |
| Apr 12, 2022 | 118 | Exhibit C (4) |
| Apr 12, 2022 | 118 | Exhibit D (3) |
| Apr 12, 2022 | 118 | Exhibit E (3) |
| Apr 12, 2022 | 119 | Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [117] MOTION for Default Judgment as to Defaulting Defendants. . Document filed by Mattel, Inc...(Futterman, Danielle) |
| Apr 12, 2022 | 120 | Proposed Default Judgment (10) Docket Text: PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Mattel, Inc...(Futterman, Danielle) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Apr 7, 2022 | 116 | Order (1) Docket Text: ORDER: Final pretrial conference is adjourned from April 12, 2022 to June 14, 2022 at 4:00 p.m. SO ORDERED., ( Final Pretrial Conference set for 6/14/2022 at 04:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/7/2022) (ama) |
| Feb 15, 2022 | 115 | Order (2) Docket Text: ORDER granting ([163] in 18-cv-11644) Letter Motion for Leave to File Document. Plaintiff shall move for a default judgment against the remaining defendants in the three actions or the action will be dismissed for failure to prosecute. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/15/2022) (tg) |
| Feb 11, 2022 | 114 | Order (2) Docket Text: ORDER: By March 2, 2022, plaintiff shall file its proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions and deliver to defendant (but not file) its portion of the Joint Pre-Trial Order in Word format. By March 16, 2022, defendant shall file its proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions and its responses to plaintiff's in limine motions. By March 18, defendant shall file the proposed Joint Pre-Trial Order. Plaintiff may respond to defendant's in limine motions by March 23, 2022. The Final Pre-Trial Conference will take place on April 12, 2022 at 3:00 p.m. in Courtroom 11D, 500 Pearl Street, New York, N.Y. SO ORDERED., ( Motions due by 3/16/2022., Proposed Pretrial Order due by 3/18/2022., Responses due by 3/23/2022, Final Pretrial Conference set for 4/12/2022 at 03:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/11/2022) (ama) |
| Jul 7, 2021 | 113 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT: on re: [112] Letter filed by Mattel, Inc. ENDORSEMENT: Application Granted. SO ORDERED., Attorney Brieanne Scully terminated. (Signed by Judge P. Kevin Castel on 7/06/2021) (ama) |
| Jul 6, 2021 | 112 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Brieanne Scully dated July 6, 2021 re: Request to Withdraw as Counsel. Document filed by Mattel, Inc...(Scully, Brieanne) |
| Mar 23, 2021 | 110 | Transcript (33) Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 7/21/2020 before Judge P. Kevin Castel. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2021. Redacted Transcript Deadline set for 4/23/2021. Release of Transcript Restriction set for 6/21/2021..(McGuirk, Kelly) |
| Mar 23, 2021 | 111 | 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 7/21/20 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) |
| Oct 27, 2020 | 106 | Judgment (11) Docket Text: FINAL JUDGMENT: Plaintiff is awarded statutory damages pursuant to 17 U.S.C. § 504(c) against Ya Qin, plus post judgment interest in the amount of $200,000.00. This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this order. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/27/2020)*** Party LUCKY992016 and POPULAR888 terminated. (ama) Modified on 10/27/2020 (ama). |
| Oct 27, 2020 | 107 | Judgment (12) Docket Text: FINAL JUDGMENT: Plaintiff is awarded statutory damages pursuant to 17 U.S.C. § 504(c) and 15 U.S.C. § 1117(c) against Huang Dongwu, plus post judgment interest in the amount of $200,000.00. This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this order. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 10/27/2020) (cf) |
| Oct 27, 2020 | 108 | Judgment (12) Docket Text: FINAL JUDGMENT: Plaintiff is awarded statutory damages pursuant to 17 U.S.C. § 504(c) and 15 U.S.C. § 1117(c) against Xioling Gao, plus post judgment interest in the amount of $200,000.00. This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this order. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 10/27/2020) (cf) |
| Oct 27, 2020 | 109 | Judgment (12) Docket Text: FINAL JUDGMENT: Plaintiff is awarded statutory damages pursuant to 17 U.S.C. § 504(c) and 15 U.S.C. § 1117(c) against Luo Bin plus post judgment interest in the amount of $200,000.00. This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this order. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 10/27/2020) (cf) |
| Oct 9, 2020 | 101 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated October 9, 2020 re: Attorneys' Fees. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Oct 9, 2020 | 102 | Proposed Judgment (11) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Oct 9, 2020 | 103 | Proposed Judgment (12) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Oct 9, 2020 | 104 | Proposed Judgment (12) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Oct 9, 2020 | 105 | Proposed Judgment (12) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Sep 25, 2020 | 100 | Findings of Fact & Conclusions of Law (26) Docket Text: FINDINGS OF FACT AND CONCLUSIONS OF LAW: For these reasons, the Court finds that Mattel has established that the Wang Defendants counterfeited one of Mattel's Barbie Marks, and willfully infringed this registered Barbie Mark and several of its registered Barbie Works. The Wang Defendants, by the four individual Storefront OwnersYa Qin, Huang Dongwu, Xioling Gao, and Luo Binare permanently enjoined from future infringing conduct, and shall each be liable in the amount of $200,000 in damages, plus attorneys' fees. The application for attorneys' fees shall be filed within fourteen (14) days hereof. The asset restraint previously entered will remain in effect, and, seven (7) days after the determination of attorneys' fees, Mattel may submit a proposed Order effectuating a transfer of the restrained assets of each Storefront Owner to Mattel up to but not exceeding the amount of damages and attorneys' fees imposed upon the particular Storefront Owner. (Signed by Judge P. Kevin Castel on 9/25/2020) (rro) |
| Aug 20, 2020 | 97 | Main Document (12) Docket Text: PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Defendants' Response to Plaintiff's Findings of Fact and Conclusion of Law (Same as Dkt # 96)).(Cheng, He) |
| Aug 20, 2020 | 97 | Defendants' Response to Plaintiff's Findings of Fact and Conclusion o (31) |
| Aug 20, 2020 | 98 | Post Trial Memorandum (9) Docket Text: POST TRIAL MEMORANDUM. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY..(Cheng, He) |
| Aug 20, 2020 | 99 | Proposed Judgment (3) Docket Text: PROPOSED JUDGMENT. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY..(Cheng, He) |
| Aug 18, 2020 | 96 | Proposed Findings of Fact (30) Docket Text: PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY..(Cheng, He) |
| Aug 4, 2020 | 93 | Proposed Findings of Fact (28) Docket Text: PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Aug 4, 2020 | 94 | Memorandum of Law (30) Docket Text: MEMORANDUM OF LAW re: [93] Proposed Findings of Fact, [92] Order,, in Support of Plaintiff's Claim for Damages. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Aug 4, 2020 | 95 | Proposed Judgment (11) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Jul 21, 2020 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial on 7/21/2020. Appearing for plaintiff, Danielle S. Yamali and Jason M. Drangel. Appearing for defendants, He Cheng. Law Clerk, Elana Stern. Bench Trial held. Court reserves decision. See, Order of July 21, 2020. (Court Reporter Raquel Robles) (Nacanther, Florence) |
| Jul 21, 2020 | 92 | Order (1) Docket Text: ORDER: As stated at today's bench trial, within fourteen days of this Order, the plaintiff shall submit proposed findings of fact and conclusions of law via ECF and via email to Chambers in Microsoft Word format. Plaintiff shall also submit a supporting memorandum of law that lays out the basis for the damages it seeks, and a proposed judgment. Defendants shall respond fourteen days after receiving plaintiff's submissions. Defendants may submit their own proposed stipulations of fact, conclusions of law, memorandum of law, and proposed judgment, also via ECF and email to Chambers. (Signed by Judge P. Kevin Castel on 7/21/2020) (jwh) |
| Jul 20, 2020 | 91 | Order (1) Docket Text: ORDER: The bench trial in this case will proceed in Courtroom 26B on Tuesday, July 21, 2020 at 11:30am. Members of the public may use the following call-in information to listen to the proceedings: Dial-in: (888) 363-4749 Access Code: 3667981 (Signed by Judge P. Kevin Castel on 7/20/2020) (jwh) |
| Jul 15, 2020 | 90 | Order (2) Docket Text: ORDER: The bench trial scheduled for July 21, 2020 at 11:30am will take place in Courtroom 26B, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into that courthouse, as further set forth in this order. (Bench Trial set for 7/21/2020 at 11:30 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/15/2020) (jwh) |
| Jun 30, 2020 | 89 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated June 30, 2020 re: July 21, 2020 Trial. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Jun 10, 2020 | 88 | Memo Endorsement (4) Docket Text: MEMO ENDORSEMENT on re: [86] LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated June 5, 2020 re: Pre-Motion Letter. Document filed by Mattel, Inc. ENDORSEMENT: The Court will conduct a bench trial in Courtroom 11D on July 21, 2020 at 11:30 a.m. Letter motion (DE 86) is denied. SO ORDERED. (Bench Trial set for 7/21/2020 at 11:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/10/2020) (rjm) |
| Jun 5, 2020 | 86 | Letter (4) Docket Text: LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated June 5, 2020 re: Pre-Motion Letter. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Jun 4, 2020 | 84 | Transcript (8) Docket Text: TRANSCRIPT of Proceedings re: CONFERNECE held on 5/14/2020 before Judge P. Kevin Castel. Court Reporter/Transcriber: Rebecca Forman, (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 6/25/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/2/2020..(McGuirk, Kelly) |
| Jun 4, 2020 | 85 | 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 5/14/2020 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 14, 2020 | N/A | Pretrial Conference - Final (0) Docket Text: Minute Entry for proceedings held before Judge P. Kevin Castel: Telephonic Final Pretrial Conference held on 5/14/2020. Appearing for plaintiff, Danielle Yamali, Ashley Sands, Brieanne Scully and Jason Drangel. Appearing for defendants, He Cheng. Law Clerk, Elana Stern. Joint Pretrial Order entered. Parties consent to bench trial. See transcript.(Court Reporter Rebecca Forman) (Nacanther, Florence) |
| May 14, 2020 | 83 | Pretrial Order (20) Docket Text: JOINT PRE-TRIAL ORDER: ADDENDUM: At the Final Pre-Trial Conference held today: 1. Defendants consented to the entry of the Joint Pre- Trial Order proposed by plaintiff. 2. All parties agreed to waive a jury trial and to proceed with a trial to the Court. It is Plaintiff's position that the trial will last for one (1) day. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/14/2020) (ama) |
| May 6, 2020 | 82 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated May 6, 2020 re: May 14, 2020 Final Pretrial Conference Call-In Number. Document filed by Mattel, Inc...(Yamali, Danielle) |
| May 5, 2020 | 81 | Order (1) Docket Text: ORDER: Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. Counsel for the plaintiff(s) shall arrange for the conference call. Each scheduled conference will take place on the date and time originally set. The final pretrial conference in this case is scheduled for May 14, 2020 at 11:00 a.m., as further set forth in this order. (Telephone Conference set for 5/14/2020 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/5/2020) (jwh) Modified on 5/6/2020 (jwh). |
| Apr 28, 2020 | 80 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Danielle S. Yamali dated April 28, 2020 re: Plaintiff's Pre-Trial Submissions. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Mar 31, 2020 | 75 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Danielle S. Yamali on behalf of Mattel, Inc...(Yamali, Danielle) |
| Mar 31, 2020 | 76 | Pretrial Memorandum (20) Docket Text: PRETRIAL MEMORANDUM. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Mar 31, 2020 | 77 | Proposed Jury Instructions (27) Docket Text: PROPOSED JURY INSTRUCTIONS. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Mar 31, 2020 | 78 | Proposed Voir Dire Questions (5) Docket Text: PROPOSED VOIR DIRE QUESTIONS. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Mar 31, 2020 | 79 | Pretrial Memorandum (11) Docket Text: PRETRIAL MEMORANDUM. Document filed by Mattel, Inc...(Yamali, Danielle) |
| Mar 27, 2020 | 73 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Tao Liu on behalf of CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY..(Liu, Tao) |
| Mar 27, 2020 | 74 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Wei Yang on behalf of CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY..(Yang, Wei) |
| Feb 20, 2020 | N/A | Mediation Conference (0) Docket Text: Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 2/20/2020. (ah) |
| Feb 10, 2020 | N/A | Mediation Conference Scheduled/Re-Scheduled (0) Docket Text: MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 2/20/2020 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(ah) |
| Feb 4, 2020 | N/A | Notice of Mediator Assignment (0) Docket Text: NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.Mediation to be Held on February 20, 10:00AM-NYC Exact location to be determined.(ms) |
| Jan 30, 2020 | N/A | Case Management Conference (0) Docket Text: Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 1/30/2020. Case referred to mediation, session scheduled for February 20, 2020 at 10:00 a.m.. The Final Pretrial Conference is scheduled for May 14, 2020 at 11:00 a.m. See, Order Following Pretrial Conference. (Nacanther, Florence) |
| Jan 30, 2020 | 71 | Mediation Referral Order (1) Docket Text: MEDIATION REFERRAL ORDER:It is ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This expedited mediation is set for February 20, 2020 at 10:00 a.m.at the Thurgood Marshall Courthouse, 40 Foley Square, Lower Level, New York, NY. The assigned Mediator is authorized to advance or extend the mediation date by up to 7 days without leave of Court. After the initial mediation session, the Mediator is empowered to conduct such subsequent mediation sessions as the Mediator in his or her discretion chooses to conduct. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/10/2020. (Signed by Judge P. Kevin Castel on 1/30/2020) (jwh) |
| Jan 30, 2020 | 72 | Order (2) Docket Text: ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. All parties, meaning the plaintiff and all defendants who have been served, are bound by this Order. 2. Plaintiff's proposed voir dire, proposed jury instructions, proposed verdict sheet, plaintiff's in limine motions and plaintiff's portion of the proposed joint pretrial order are due March 31, 2020. 3. Defendants' proposed voir dire, proposed jury instructions, proposed verdict sheet, defendants' response to in limine motions, defendants' in limine motions and defendants' portion of the proposed joint pretrial order are due April 17, 20202. 4. Plaintiff's responses to defendants' in limine motions and the Final Proposed Joint Pre-Trial Order are due April 28, 2020. 5. Case set for mediation on February 20, 2020 at 10am. The Final Pretrial Conference will be held on May 14, 2020, at 100:00 am. Any conference scheduled for a date prior thereto is adjourned. (Motions due by 4/17/2020. Proposed Pretrial Order due by 4/28/2020. Responses due by 4/28/2020 Final Pretrial Conference set for 5/14/2020 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/30/2020) (jwh) |
| Jan 29, 2020 | 70 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by He Cheng on behalf of CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Cheng, He) |
| Jan 3, 2020 | N/A | Notice to Court Regarding Voluntary Dismissal (0) Docket Text:***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [67] Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Jan 3, 2020 | 66 | Motion to Adjourn Conference (2) Docket Text: LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Shengmao Mu dated 01/03/2020. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Mu, Shengmao) |
| Jan 3, 2020 | 67 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) KZYU_17. Document filed by Mattel, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne) |
| Jan 3, 2020 | 68 | Notice of Voluntary Dismissal - Signed (2) Docket Text: NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 4l(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendant kzyu_l7 in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is SO ORDERED. KZYU_17 terminated. (Signed by Judge P. Kevin Castel on 1/3/2020) (kv) |
| Jan 3, 2020 | 69 | Order on Motion to Adjourn Conference (2) Docket Text: ORDER: granting [66] Letter Motion to Adjourn Conference. Conference Adjourned from: Jan. 27, 2020 to: Jan. 30, 2020 at 12:00 p.m. SO ORDERED. Case Management Conference set for 1/30/2020 at 12:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/03/2020) (ama) |
| Oct 16, 2019 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: ( Fact Discovery due by 1/10/2020.), Set/Reset Hearings:( Case Management Conference set for 1/27/2020 at 02:30 PM before Judge P. Kevin Castel.) (ama) |
| Oct 16, 2019 | 65 | Order on Motion for Extension of Time to Complete Discovery (2) Docket Text: ORDER: granting [62] Letter Motion for Extension of Time to Complete Discovery. Fact discovery extended to January 10, 2020. Motions for summary judgment and for judgment on the pleadings will be scheduled at next conference which is adjourned from October 29, 2019 to January 27, 2020 at 2:30 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/16/2019) (ama) |
| Oct 14, 2019 | 63 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from SHENGMAO MU dated 10/14/2019 re: Correction of Plaintiff's motion for extension of time for discovery. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Mu, Shengmao) |
| Oct 14, 2019 | 64 | Letter (2) Docket Text: LETTER addressed to Judge P. Kevin Castel from SHENGMAO MU dated 10/14/2019 re: Pre-motion letter for motion to dismiss and motion to vacate preliminary injunction. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Mu, Shengmao) |
| Oct 11, 2019 | 62 | Motion for Extension of Time to Complete Discovery (2) Docket Text: LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge P. Kevin Castel from Brieanne Scully dated October 11, 2019. Document filed by Mattel, Inc..(Scully, Brieanne) |
| Oct 9, 2019 | 60 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Shengmao Mu on behalf of CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Mu, Shengmao) |
| Oct 9, 2019 | 61 | Notice to Take Deposition (4) Docket Text: NOTICE TO TAKE DEPOSITION of Designated officer from Mattel on 10/17/2019 at 10:00 am.Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Mu, Shengmao) |
| Sep 24, 2019 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings: Case Management Conference set for 10/29/2019 at 10:30 AM before Judge P. Kevin Castel. (jwh) |
| Sep 24, 2019 | 59 | Order on Motion for Extension of Time (1) Docket Text: ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME terminating [57] Letter Motion for Extension of Time; granting [58] Letter Motion for Extension of Time: Upon mutual consent of Plaintiff Mattel Inc. and Defendants ccs_online999,lucky992016, popular888, ilante, herpop, go-gift1225, prcbey, keepupop, ebbpop, andovepop2009, for an order permitting Plaintiff and Defendants, the Case Management Conference is Adjourned to October 29, 2019, at 10:30 a.m. Motions (Doc 57 and 57) are terminated. (Signed by Judge P. Kevin Castel on 9/24/2019) (jwh) |
| Sep 20, 2019 | 58 | Main Document (1) Docket Text: AMENDED MOTION for Extension of Time . Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Text of Proposed Order)(Wang, Xuanye) |
| Sep 20, 2019 | 58 | Text of Proposed Order (1) |
| Sep 19, 2019 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Fact Discovery due by 10/18/2019. Expert Discovery due by 11/26/2019. (jwh) Modified on 11/5/2019 (jwh). |
| Sep 19, 2019 | 56 | Order on Motion for Extension of Time (1) Docket Text: ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME granting [55] Motion for Extension of Time: ORDERED that Defendants' motion for extension of time be GRANTED. (Signed by Judge P. Kevin Castel on 9/18/2019) (jwh) |
| Sep 19, 2019 | 57 | Main Document (1) Docket Text: MOTION for Extension of Time . Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Text of Proposed Order)(Wang, Xuanye) |
| Sep 19, 2019 | 57 | Text of Proposed Order (1) |
| Sep 5, 2019 | 55 | Main Document (1) Docket Text: MOTION for Extension of Time . Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Text of Proposed Order)(Wang, Xuanye) |
| Sep 5, 2019 | 55 | Text of Proposed Order (1) |
| Jul 18, 2019 | N/A | Notice to Court Regarding Voluntary Dismissal (0) Docket Text:***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [53] Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Jul 18, 2019 | 53 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) HG-TECH-LTD, URCHOICE-LTD. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne) |
| Jul 18, 2019 | 54 | Notice of Voluntary Dismissal - Signed (2) Docket Text: NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendants hg-tech-ltd and urchoice-ltd in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. (HG-TECH-LTD and URCHOICE-LTD terminated.) (Signed by Judge P. Kevin Castel on 7/18/2019) (jwh) |
| Jun 11, 2019 | 51 | Order on Motion to Withdraw as Attorney (2) Docket Text: MEMO ENDORSEMENT on REQUEST TO WITHDRAW : denying without prejudice [49] Motion to Withdraw as Attorney. ENDORSEMENT: Denied without prejudice. 1. to showing good cause for withdrawal and 2. service of the application to withdraw on client. Submit an affidavit. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/10/2019) (ama) |
| Jun 11, 2019 | 52 | Order on Motion for Discovery (1) Docket Text: ORDER: granting [50] Letter Motion for Discovery. Initial Disclosure deadline adjourned from June 7 to July 8. SO ORDERED (Signed by Judge P. Kevin Castel on 6/11/2019) (ama) |
| Jun 4, 2019 | 50 | Motion for Discovery (1) Docket Text: LETTER MOTION for Discovery addressed to Judge P. Kevin Castel from Brieanne Scully dated June 4, 2019. Document filed by Mattel, Inc..(Scully, Brieanne) |
| May 20, 2019 | 49 | Motion to Withdraw as Attorney (2) Docket Text: MOTION for Xuanye Wang to Withdraw as Attorney . Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Wang, Xuanye) |
| May 16, 2019 | 46 | Proposed Clerk's Certificate of Default (2) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| May 16, 2019 | 47 | Main Document (5) Docket Text: DECLARATION of Brieanne Scully re: [46] Proposed Clerk's Certificate of Default . Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Scully, Brieanne) |
| May 16, 2019 | 47 | Exhibit 1 (3) |
| May 16, 2019 | 47 | Exhibit 2 (4) |
| May 16, 2019 | 48 | Clerk's Certificate of Default (2) Docket Text: CLERK'S CERTIFICATE OF DEFAULT as to 20l2shiningroom2012, alexstore888, aliya_smile, bigmouth333, connie monica, ejewelrycode, fanhuasij in02, fashionjewelry20136, fenghe2012, flyflower88, futall, gloryroad2015, gyl09047, hanjingyuhuaone, hg-tech-ltd, hmzsluck, in-style 1820, jialu-88, ktmail, kzyu_ 17, laqO 1018, musenwaimao, newang, santafe2016, summer*20l0*, urchoice-ltd, xiaotwan cbqzz, xywl722, yumisell8, yunwawa527 and zhanytino. (km) |
| Apr 30, 2019 | 45 | Order on Motion for Discovery (2) Docket Text: ORDER granting [44] Letter Motion for Discovery: Application Granted. (Signed by Judge P. Kevin Castel on 4/30/2019) (jwh) |
| Apr 29, 2019 | 44 | Motion for Discovery (2) Docket Text: LETTER MOTION for Discovery addressed to Judge P. Kevin Castel from Brieanne Scully dated April 29, 2019. Document filed by Mattel, Inc..(Scully, Brieanne) |
| Apr 23, 2019 | N/A | Case Management Conference (0) Docket Text: Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 4/23/2019. See, Scheduling Order. The next Case Management Conference is scheduled for September 24, 2019 at 11:00 a.m. (Nacanther, Florence) |
| Apr 23, 2019 | 42 | Case Management Plan (3) Docket Text: CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days of this Order. All Fact Discovery due by 9/3/2019. All Expert Discovery due by 10/11/2019. Case Management Conference set for 9/24/2019 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/23/2019) (kv) |
| Apr 23, 2019 | 43 | Order (2) Docket Text: ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. As to defendants CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, and PRCBEY, their answers to the Complaint, filed April 8, 2019 (Doc 30), shall stand and will not be stricken. The defendants are located in China and had difficulty locating and retaining U.S. counsel. 2. The discovery ordered by paragraph A.5) of the Temporary Restraining Order shall be responded to by May 24, 2019. Plaintiff will transmit a copy of the TRO (which as to discovery remains in effect - see Preliminary Injunction at paragraph 3). 3. All fact discovery shall be completed by September 3, 2019 and all expert discovery by October 11, 2019. See Separate Scheduling Order. 4. Plaintiff may seek and obtain a Clerk's Certificate of Default and may move for a default judgment as to all other defendants, i.e. those who did not answer on April 8, 2019. 5. Defendants may proceed with their proposed motions outlined in the premotion letter filed on April 12, 2019 by May 24, 2019. Plaintiff shall respond by June 14, 2019 and defendants may reply by June 24, 2019. (Motions due by 5/24/2019. Responses due by 6/14/2019. Replies due by 6/24/2019.) (Signed by Judge P. Kevin Castel on 4/23/2019) (jwh) |
| Apr 22, 2019 | 41 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [40] Letter. ENDORSEMENT: Application to participate by phone is reluctantly granted. (Signed by Judge P. Kevin Castel on 4/22/2019) (jwh) |
| Apr 19, 2019 | 40 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Xuanye Wang dated 04/19/2019 re: REQUEST TO STAY PROCEEDINGS OR ATTEND 04/23/2019 PRETRIAL CONFERENCE VIA TELEPHONE, OR POSTPONE THE PRETRIAL CONFERENCE FOR A LATER DATE. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Wang, Xuanye) |
| Apr 18, 2019 | N/A | Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [37] MOTION for Xuanye Wang 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) |
| Apr 18, 2019 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER granting [37] Motion for Xuanye Wang to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
| Apr 18, 2019 | 39 | Order (1) Docket Text: ORDER: A conference is scheduled for April 23, 2019 at 12:00 p.m. in Courtroom 11D at 500 Pearl Street, New York, New York. (Status Conference set for 4/23/2019 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/18/2019) (jwh) |
| Apr 17, 2019 | 37 | Main Document (1) Docket Text: MOTION for Xuanye Wang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Affidavit, # (2) Text of Proposed Order, # (3) Good standing)(Wang, Xuanye) |
| Apr 17, 2019 | 37 | Affidavit (1) |
| Apr 17, 2019 | 37 | Text of Proposed Order (1) |
| Apr 17, 2019 | 37 | Good standing (1) |
| Apr 12, 2019 | 35 | Letter (3) Docket Text: LETTER addressed to Judge P. Kevin Castel from Xuanye Wang dated 04/12/2019 re: Pre-Motion Letter For Motion To Dismiss and Vacate Preliminary Injunction. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Wang, Xuanye) |
| Apr 12, 2019 | 36 | Letter (3) Docket Text: LETTER addressed to Judge P. Kevin Castel from Xuanye Wang dated 04/12/2019 re: Response to Plaintiffs Request to Strike the Wang Defendants Answer. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Wang, Xuanye) |
| Apr 11, 2019 | 34 | Letter (2) Docket Text: LETTER addressed to Judge P. Kevin Castel from Brieanne Scully dated April 11, 2019 re: Request to Strike the Wang Defendants Answer. Document filed by Mattel, Inc..(Scully, Brieanne) |
| Apr 10, 2019 | N/A | Notice to Attorney Regarding Rejection of Proposed Clerk's Certificate of Default (0) Docket Text:***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Brieanne Scully re:document [31] Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): an answer has been filed; Defendants CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, OVEPOP2009, POPULAR888, and PRCBEY filed an answer. (km) |
| Apr 10, 2019 | 33 | Main Document (7) Docket Text: FIRST MOTION to Strike Document No. [31] . Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. (Attachments: # (1) Supplement)(Wang, Xuanye) |
| Apr 10, 2019 | 33 | Supplement (1) |
| Apr 9, 2019 | 31 | Proposed Clerk's Certificate of Default (2) Docket Text: FILING ERROR - RESPONSIVE PLEADING FILED - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/10/2019 (km). |
| Apr 9, 2019 | 32 | Main Document (4) Docket Text: DECLARATION of Brieanne Scully in Support re: [31] Proposed Clerk's Certificate of Default. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Scully, Brieanne) |
| Apr 9, 2019 | 32 | Exhibit 1 (3) |
| Apr 9, 2019 | 32 | Exhibit 2 (4) |
| Apr 8, 2019 | 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. [29] MOTION for Xuanye Wang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16644058. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from New York;. 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) |
| Apr 8, 2019 | 29 | Main Document (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Xuanye Wang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16644058. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY. Return Date set for 4/9/2019 at 10:30 AM. (Attachments: # (1) Affidavit, # (2) Text of Proposed Order, # (3) Supplement)(Wang, Xuanye) Modified on 4/8/2019 (ma). |
| Apr 8, 2019 | 29 | Affidavit (1) |
| Apr 8, 2019 | 29 | Text of Proposed Order (1) |
| Apr 8, 2019 | 29 | Supplement (1) |
| Apr 8, 2019 | 30 | Answer to Complaint (21) Docket Text: ANSWER to [7] Complaint,,,. Document filed by CCS_ONLINE999, EBBPOP, GO-GIFT1225, HERPOP, ILANTE, KEEPUPOP, LUCKY992016, OVEPOP2009, POPULAR888, PRCBEY.(Wang, Xuanye) |
| Mar 29, 2019 | 28 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: (27 in 1:18-cv-11648-PKC) Letter filed by Mattel, Inc., (44 in 1:18-cv-11647-PKC) Letter filed by Mattel, Inc., (42 in 1:18-cv-11644-PKC) Letter filed by Mattel, Inc. ENDORSEMENT: Application Granted. (Attorney Andrew Sup Chung terminated.) (Signed by Judge P. Kevin Castel on 3/29/2019) (jwh) |
| Mar 28, 2019 | 27 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Andrew S. Chung dated March 28, 2019 re: Request to Withdraw as Counsel. Document filed by Mattel, Inc..(Chung, Andrew) |
| Feb 5, 2019 | 26 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: (34 in 1:18-cv-11647-PKC) Letter filed by Mattel, Inc., (25 in 1:18-cv-11648-PKC) Letter filed by Mattel, Inc., (35 in 1:18-cv-11644-PKC) Letter filed by Mattel, Inc. ENDORSEMENT: Application Granted. (Attorney Mary Catherine Brennan terminated.) (Signed by Judge P. Kevin Castel on 2/5/2019) (jwh) |
| Feb 4, 2019 | 25 | Letter (1) Docket Text: LETTER addressed to Judge P. Kevin Castel from Mary Kate Brennan dated February 4, 2019 re: Request to Withdraw as Counsel. Document filed by Mattel, Inc..(Brennan, Mary) |
| Jan 10, 2019 | 24 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Mattel, Inc.. (Chung, Andrew) |
| Dec 21, 2018 | 23 | Certificate of Service Other (3) Docket Text: CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Defendants on December 20, 2018. Document filed by Mattel, Inc.. (Brennan, Mary) |
| Dec 20, 2018 | N/A | Show Cause Hearing (0) Docket Text: Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 12/20/2018. Preliminary Injunction GRANTED. (Court Reporter Karen Gorlaski) (Nacanther, Florence) |
| Dec 20, 2018 | 21 | Preliminary Injunction (11) Docket Text: PRELIMINARY INJUNCTION ORDER: 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Preliminary Injunction Order (hereinafter, "PI Order") is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: i. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh) |
| Dec 20, 2018 | 22 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: (3 in 1:18-cv-11648-PKC) Order, (3 in 1:18-cv-11644-PKC) Order, (3 in 1:18-cv-11647-PKC) Order. ENDORSEMENT: The Complaints and all exhibits and submission in the above three actions are to be unsealed. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh) Transmission to Sealed Records Clerk for processing. |
| Dec 19, 2018 | N/A | Case Accepted as Related (0) Docket Text: CASE ACCEPTED AS RELATED. Create association to 1:18-cv-11644-PKC. Notice of Assignment to follow. (jc) |
| Dec 19, 2018 | N/A | Notice of Case Assignment/Reassignment (0) Docket Text: NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (jc) |
| Dec 19, 2018 | N/A | Case Designation (0) Docket Text: Magistrate Judge James L. Cott 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. (jc) |
| Dec 19, 2018 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [20] Proposed Order was reviewed and approved as to form. (km) |
| Dec 19, 2018 | 19 | Certificate of Service Complaints (3) Docket Text: CERTIFICATE OF SERVICE. 2012SHININGROOM2012 served on 12/18/2018, answer due 1/8/2019; ALEXSTORE888 served on 12/18/2018, answer due 1/8/2019; ALIYA_SMILE served on 12/18/2018, answer due 1/8/2019; BIGMOUTH333 served on 12/18/2018, answer due 1/8/2019; CCS_ONLINE999 served on 12/18/2018, answer due 1/8/2019; CONNIE_MONICA served on 12/18/2018, answer due 1/8/2019; EBBPOP served on 12/18/2018, answer due 1/8/2019; EJEWELRYCODE served on 12/18/2018, answer due 1/8/2019; FANHUASIJIN02 served on 12/18/2018, answer due 1/8/2019; FASHIONJEWELRY20136 served on 12/18/2018, answer due 1/8/2019; FENGHE2012 served on 12/18/2018, answer due 1/8/2019; FLYFLOWER88 served on 12/18/2018, answer due 1/8/2019; FUTALL served on 12/18/2018, answer due 1/8/2019; GLORYROAD2015 served on 12/18/2018, answer due 1/8/2019; GO-GIFT1225 served on 12/18/2018, answer due 1/8/2019; GYL09047 served on 12/18/2018, answer due 1/8/2019; HANJINGYUHUAONE served on 12/18/2018, answer due 1/8/2019; HERPOP served on 12/18/2018, answer due 1/8/2019; HG-TECH-LTD served on 12/18/2018, answer due 1/8/2019; HMZSLUCK served on 12/18/2018, answer due 1/8/2019; ILANTE served on 12/18/2018, answer due 1/8/2019; IN-STYLE1820 served on 12/18/2018, answer due 1/8/2019; JIALU-88 served on 12/18/2018, answer due 1/8/2019; KEEPUPOP served on 12/18/2018, answer due 1/8/2019; KTMAIL served on 12/18/2018, answer due 1/8/2019; KZYU_17 served on 12/18/2018, answer due 1/8/2019; LAQ01018 served on 12/18/2018, answer due 1/8/2019; LUCKY992016 served on 12/18/2018, answer due 1/8/2019; MUSENWAIMAO served on 12/18/2018, answer due 1/8/2019; NEWANG served on 12/18/2018, answer due 1/8/2019; OVEPOP2009 served on 12/18/2018, answer due 1/8/2019; POPULAR888 served on 12/18/2018, answer due 1/8/2019; PRCBEY served on 12/18/2018, answer due 1/8/2019; SANTAFE2016 served on 12/18/2018, answer due 1/8/2019; SUMMER2010 served on 12/18/2018, answer due 1/8/2019; URCHOICE-LTD served on 12/18/2018, answer due 1/8/2019; XIAOTWAN_CBQZZ served on 12/18/2018, answer due 1/8/2019; XYWL722 served on 12/18/2018, answer due 1/8/2019; YUMISELL8 served on 12/18/2018, answer due 1/8/2019; YUNWAWA527 served on 12/18/2018, answer due 1/8/2019; ZHANYTINO served on 12/18/2018, answer due 1/8/2019. Document filed by Mattel, Inc.. (Scully, Brieanne) |
| Dec 19, 2018 | 20 | Proposed Order (11) Docket Text: PROPOSED ORDER. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed Order to be reviewed by Clerk's Office staff. |
| Dec 18, 2018 | 3 | Order (1) Docket Text: ORDER P. Kevin Castel, District Judge: Ordered that cases 18cv11644(PKC), 18cv11647(PKC), and 18cv11648(PKC) shall be unsealed. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/18/18) (rz) |
| Dec 18, 2018 | 4 | Order to Show Cause (19) Docket Text: 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Mattel's Application is hereby GRANTED as follows (the "Order"): A. IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the hearing and determination of Mattel's Application for a preliminary injunction as referenced in Paragraph (II)(A) below: 1) manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products, or any other products bearing the Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works, as further set forth in this order. Defendants shall show cause as to why a preliminary injunction, pursuant to FRCP 65(a), should not issue. Show Cause Hearing set for 12/20/2018 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 12/19/2018. (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh) |
| Dec 18, 2018 | N/A | Motion to Seal Case (0) Docket Text: APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Mattel, Inc.(ne) ***This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** |
| Dec 18, 2018 | 6 | Order on Motion to Seal Case (2) Docket Text: ORDER granting [5] Motion to Seal Case. On this day. the Court considered Plaintiff's Application to Temporarily File Under Seal and it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action. including. but not limited to, Plaintiff's Complaint and exhibits attached thereto and Plaintiff's ex parte application for: 1) a temporary restraining order; 2) an order restraining assets and Merchant Storefronts; 3) an order to show cause why a preliminary injunction should not issue; 4) an order authorizing alternative service; and 5) an order authorizing expedited discovery ("Application") and the supporting declarations of Jessica Amaiz, Lisa Delanty and Brieanne Scully and exhibits attached thereto under seal for a period of one (1) week, or until order by the Judge to whom this case is randomly assigned. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal. (Signed by Judge William H. Pauley, III Part I on 12/13/2018) (ne) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** Modified on 12/19/2018 (ne). |
| Dec 18, 2018 | 7 | Main Document (83) Docket Text: COMPLAINT against 2012SHININGROOM2012, ALEXSTORE888, ALIYA_SMILE, BIGMOUTH333, CCS_ONLINE999, CONNIE_MONICA, EBBPOP, EJEWELRYCODE, FANHUASIJIN02, FASHIONJEWELRY20136, FENGHE2012, FLYFLOWER88, FUTALL, GLORYROAD2015, GO-GIFT1225, GYL09047, HANJINGYUHUAONE, HERPOP, HG-TECH-LTD, HMZSLUCK, ILANTE, IN-STYLE1820, JIALU-88, KEEPUPOP, KTMAIL, KZYU_17, LAQ01018, LUCKY992016, MUSENWAIMAO, NEWANG, OVEPOP2009, POPULAR888, PRCBEY, SANTAFE2016, SUMMER2010, URCHOICE-LTD, XIAOTWAN_CBQZZ, XYWL722, YUMISELL8, YUNWAWA527, ZHANYTINO. Document filed by Mattel, Inc. (Attachments: # (1) Exhibit C Part 1, # (2) Exhibit C Part 2, # (3) Exhibit C Part 3, # (4) Exhibit C Part 4) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne) |
| Dec 18, 2018 | 7 | Exhibit C Part 1 (189) |
| Dec 18, 2018 | 7 | Exhibit C Part 2 (173) |
| Dec 18, 2018 | 7 | Exhibit C Part 3 (182) |
| Dec 18, 2018 | 7 | Exhibit C Part 4 (23) |
| Dec 18, 2018 | 8 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 18, 2018 | 9 | Summons Issued (2) Docket Text: SUMMONS ISSUED as to 2012SHININGROOM2012, ALEXSTORE888, ALIYA_SMILE, BIGMOUTH333, CCS_ONLINE999, CONNIE_MONICA, EBBPOP, EJEWELRYCODE, FANHUASIJIN02, FASHIONJEWELRY20136, FENGHE2012, FLYFLOWER88, FUTALL, GLORYROAD2015, GO-GIFT1225, GYL09047, HANJINGYUHUAONE, HERPOP, HG-TECH-LTD, HMZSLUCK, ILANTE, IN-STYLE1820, JIALU-88, KEEPUPOP, KTMAIL, KZYU_17, LAQ01018, LUCKY992016, MUSENWAIMAO, NEWANG, OVEPOP2009, POPULAR888, PRCBEY, SANTAFE2016, SUMMER2010, URCHOICE-LTD, XIAOTWAN_CBQZZ, XYWL722, YUMISELL8, YUNWAWA527, ZHANYTINO. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 18, 2018 | 10 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel, Inc. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne) |
| Dec 18, 2018 | 11 | Main Document (1) Docket Text: AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: # (1) Copyright List) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne) |
| Dec 18, 2018 | 11 | Copyright List (1) |
| Dec 18, 2018 | 12 | Main Document (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). (Attachments: # (1) TM List) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne) |
| Dec 18, 2018 | 12 | TM List (1) |
| Dec 18, 2018 | 13 | Remark (2) Docket Text: RELATED CASE STATEMENT. Document filed by Mattel, Inc. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 18, 2018 | 14 | Main Document (4) Docket Text: DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. (Attachments: # (1) Exhibit A Part 1, # (2) Exhibit A Part 2, # (3) Exhibit A Part 3, # (4) Exhibit A Part 4) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne) |
| Dec 18, 2018 | 14 | Exhibit A Part 1 (189) |
| Dec 18, 2018 | 14 | Exhibit A Part 2 (173) |
| Dec 18, 2018 | 14 | Exhibit A Part 3 (182) |
| Dec 18, 2018 | 14 | Exhibit A Part 4 (23) |
| Dec 18, 2018 | 15 | Declaration (30) Docket Text: DECLARATION OF BRIEANNE SCULLY AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 18, 2018 | 16 | Declaration (30) Docket Text: DECLARATION OF LISA DELANTY AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 18, 2018 | N/A | Memorandum of Law in Support (0) Docket Text: MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S 1) EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (The file size was too big to upload) (ne) |
| Dec 18, 2018 | 18 | Remark (19) Docket Text: [PROPOSED] 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Mattel, Inc. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne) |
| Dec 17, 2018 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mhe) |
| Dec 13, 2018 | N/A | Order (0) Docket Text: ORDER, Case sealed. (Signed by Judge William H. Pauley, III on 12/13/2018) (mhe) |
