Case number 1:18-cv-07665
Mattel, Inc. v. SmartEcom LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 28, 2019 | 39 | Endorsed Letter (30) Docket Text: ENDORSED LETTER addressed to Judge Victor Marrero from Kimberly J. Campbell dated 1/25/2019 re: response to Mr. Greenberger: s letter to the Court dated January 18, 2019. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Walmart, Inc. (Signed by Judge Victor Marrero on 1/25/2019) (jwh) |
| Jan 24, 2019 | N/A | Cashiers Registry Disbursement (0) Docket Text: CASHIERS OFFICE REGISTRY DISBURSEMENT as per [36] Stipulation and Order of Voluntary Dismissal,,,,,,,,, dated 1/11/2019, from Judge Victor Marrero, on 1/15/2019 disbursed to pay Dunnegan & Scileppi LLC $10,000.00 Check No. 01903245 dated 1/15/2019 (cla) |
| Jan 22, 2019 | 38 | Endorsed Letter (1) Docket Text: ENDORSED LETTER addressed to Judge Victor Marrero from Jordan Greenberger dated 1/18/2019 re: Request that the Court enter an order compelling Walmart, Inc and/or Payoneer to, within one business day:(1) wire all monies that it is withholding (approximately $74,000), pursuant to paragraph 1 of the January 11, 2019 So Ordered Stipulation and Notice of Dismissal; and (ii) reinstate and lift restrictions on Defendants' accounts, pursuant to paragraph 3 of the Order. ENDORSEMENT: Walmart, Inc. and Payoneer are directed to respond by 1/25/19 by letter not to exceed three (3) pages, to the matter set forth above by defendants, showing cause why the relief requested should not be granted. SO ORDERED. (Signed by Judge Victor Marrero on 1/22/2019) (rj) |
| Jan 11, 2019 | 37 | AO 120 Form Trademark - Case Terminated - Submitted (1) 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 1/11/2019 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). (rjm) |
| Jan 11, 2019 | 36 | Stipulation and Order of Voluntary Dismissal (3) Docket Text: SO ORDERED STIPULATION AND NOTICE OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT, AND SO ORDERED BY THE COURT THAT: 1. Walmart, Inc. and any of its third-party payment providers, including Payoneer, shall within three days of the receipt of this so ordered stipulation and notice of dismissal release the funds of defendants SmartEcom LLC and/or Americas Toys Project LLC that Walmart, Inc. and any of its third-party payment providers, including Payoneer, has frozen, attached or otherwise restrained, pursuant to any of the Court's orders in this Action, and wire such funds to the attorney trust account of Dunnegan & Scileppi LLC (who shall provide wire instructions for such account), which shall disburse those funds pursuant to the settlement agreement between the parties. 2. Groupon, Inc., Amazon, Inc. and PayPal, Inc., and any other non-party that froze, attached or otherwise restrained the defendants' funds or who by order of this court were restrained from transferring, withdrawing or accepting any funds from any account of Defendants shall as soon as possible release the funds of SmartEcom LLC and/or Americas Toys Project LLC to said defendants. 3. The orders entered in this action on November 30, 2018 and December 14, 2018 and January 4, 2019 and January 9, 2019, which attached Defendants' property and/or restrained the transfer, withdrawing, or accepting of any funds from any account of defendants at Walmart, Inc., Groupon, Inc., Amazon, Inc., or PayPal, Inc. (wherever located) be and hereby are, other than as amended as set forth in the preceding paragraphs, vacated. Walmart, Inc., Groupon, Inc., Amazon, Inc., or PayPal, Inc. are directed, in their dealings and transactions with defendants, to treat said orders as rescinded. 4. The Clerk of the Court shall return the $10,000 cash posted as security for the December 12, 2018, order to Dunnegan & Scileppi LLC as attorneys for Mattel, Inc. 5. The Court shall retain jurisdiction to enforce the terms of the parties' settlement agreement, dated as of January 10, 2019, and to enforce the terms of this stipulation. 6. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff dismisses this action with prejudice, with each party to bear its own costs. So ordered. (Signed by Judge Victor Marrero on 1/11/2019) (rjm) Transmission to Finance Unit (Cashiers) for processing. |
| Jan 11, 2019 | 35 | Proposed Stipulation and Order (3) Docket Text: PROPOSED STIPULATION AND ORDER. Document filed by Mattel, Inc.. (Dunnegan, William) |
| Jan 11, 2019 | 34 | Proposed Order (3) Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Mattel, Inc. (Dunnegan, William) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/11/2019 (km). |
| Jan 11, 2019 | 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 William Dunnegan to RE-FILE Document [34] Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. (km) |
| Jan 10, 2019 | 33 | Endorsed Letter (1) Docket Text: ENDORSED LETTER addressed to Judge Victor Marrero from Shannon Howley, Esq. dated 12/31/2018 re: In response to Judge Broderick's December 27th Order to Show Cause. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Third-party Wal-Mart. SO ORDERED. (Signed by Judge Victor Marrero on 1/10/2019) (kv) |
| Jan 10, 2019 | 32 | Order on Motion to Withdraw as Attorney (3) Docket Text: ORDER granting [27] Motion to Withdraw as Attorney. It is hereby ORDERED that Andrew Sup Chung is granted leave to withdraw as an attorney of record for Mattel; and it is hereby further ORDERED that the clerk shall terminate Andrew Sup Chung as an attorney of record for Mattel. Attorney Andrew Sup Chung terminated. (Signed by Judge Victor Marrero on 1/10/2019) (ne) |
| Jan 9, 2019 | 31 | Order (1) Docket Text: ORDER: It is hereby ORDERED that the Order is extended until January 16, 2019, to allow the parties to continue to engage in limited discovery regarding personal jurisdiction and the volume of sales of the allegedly infringing items. SO ORDERED. (Signed by Part One Judge Richard M. Berman on 1/9/2019) (jca) |
| Jan 9, 2019 | N/A | Show Cause Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Victor Marrero: Show Cause Hearing held on 1/9/2019. William Dunnegan present for plaintiff. Jordan Greenberger present for defendants. Court reporter present. Subsequent conference scheduled for 1/16/2019 at 10:00 a.m. (CS) Modified on 1/9/2019 (Landers, Rigoberto). |
| Jan 4, 2019 | 30 | Order (1) Docket Text: ORDER: ORDERED that the subsequent conference scheduled before Judge Marrero for January 4, 2019 is adjourned until January 9, 2019 at 11 a.m., and it is further ORDERED that the Order is extended until January 9, 2019, to allow the parties to continue to engage in limited discovery regarding personal jurisdiction and the volume of sales of the allegedly infringing items. SO ORDERED. (Show Cause Hearing set for 1/9/2019 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Vernon S. Broderick, Part 1 on 1/3/2019) (rro) |
| Dec 28, 2018 | 29 | Letter (3) Docket Text: LETTER addressed to Judge Vernon S. Broderick from Jordan Greenberger dated 12-28-2018 re: Doc. 28 Show Cause Order signed by Judge Broderick. Document filed by Americas Toys Project LLC, SmartEcom LLC.(Greenberger, Jordan) |
| Dec 27, 2018 | 28 | Endorsed Letter (3) Docket Text: ENDORSED LETTER addressed to Judge Victor Marrero from William Dunnegan dated 12/27/2018 re: clarity of the December 14, 2018 order. ENDORSEMENT: Defendant is directed to respond by December 28, 2018, by letter not to exceed three pages, to the matter set forth above by plaintiff, showing cause why Walmart's "release" to defendant of the funds therein described, and defendant's acceptance of such funds, would not violate the Court's Order dated December 14, 2018 and warrant appropriate sanctions. SO ORDERED. (Signed by Judge Vernon S. Broderick, Part 1 on 12/27/2018) (rro) |
| Dec 21, 2018 | 27 | Text of Proposed Order Granting Motion for Leave to Withdraw (1) |
| Dec 21, 2018 | 27 | Main Document (2) Docket Text: MOTION for Andrew Sup Chung to Withdraw as Attorney . Document filed by Mattel, Inc.. (Attachments: # (1) Text of Proposed Order Granting Motion for Leave to Withdraw)(Chung, Andrew) |
| Dec 14, 2018 | 26 | Order (1) Docket Text: ORDER re: [14] Order to Show Cause, Set Deadlines, filed by Mattel, Inc. The Court having on November 30, 2018 entered an order to show cause and temporary restraining order (the "Order"), and having on December 12, 2018 held a hearing on the order to show cause at which the parties agreed to schedule a subsequent conference to consider plaintiff's application for an order of prejudgment attachment to be held on January 4, 2019, it is hereby ORDERED that the Order is extended until January 4, 2019, to allow the parties to engage in limited discovery regarding personal jurisdiction and the volume of sales of the allegedly infringing items, and it is further ORDERED that the Order is modified so as to temporarily restrain only the transfer, withdrawing, or accepting of any funds from any account of defendants at Walmart, Inc., Groupon, Inc., Amazon, Inc., or PayPal, Inc. that are located within the jurisdiction of the Court in the State of New York. SO ORDERED. (Signed by Judge Victor Marrero on 12/14/2018) (kv) |
| Dec 12, 2018 | N/A | Show Cause Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Victor Marrero: Show Cause Hearing held on 12/12/2018. William Dunnegan present for plaintiff. Jordan Greenberger present for defendants. Court reporter present. Subsequent conference scheduled for 1/4/2019 at 10:30 a.m. (CS) |
| Dec 10, 2018 | 25 | Declaration in Support (2) Docket Text: DECLARATION of William Dunnegan in Support re: [14] Order to Show Cause,,, Set Deadlines,,. Document filed by Mattel, Inc.. (Dunnegan, William) |
| Dec 7, 2018 | 24 | Declaration in Support of Motion (1) Docket Text: DECLARATION of Muyindeen Olajide - Dec of Service by Hand in Support re: [20] MOTION to Vacate [14] Order to Show Cause,,, Set Deadlines,, Dissolve TRO.. Document filed by Americas Toys Project LLC, SmartEcom LLC. (Greenberger, Jordan) |
| Dec 7, 2018 | 23 | Declaration in Support of Motion (1) Docket Text: DECLARATION of Jordan Greenberger - Declaration of Service via Email in Support re: [20] MOTION to Vacate [14] Order to Show Cause,,, Set Deadlines,, Dissolve TRO.. Document filed by Americas Toys Project LLC, SmartEcom LLC. (Greenberger, Jordan) |
| Dec 7, 2018 | 22 | Memorandum of Law in Support of Motion (17) Docket Text: MEMORANDUM OF LAW in Support re: [20] MOTION to Vacate [14] Order to Show Cause,,, Set Deadlines,, Dissolve TRO. And In opposition to motion for provisional remedies. Document filed by Americas Toys Project LLC, SmartEcom LLC. (Greenberger, Jordan) |
| Dec 7, 2018 | 21 | Exhibit 1 - complaint (19) |
| Dec 7, 2018 | 21 | Main Document (3) Docket Text: AFFIDAVIT of Jordan Greenberger in Support re: [20] MOTION to Vacate [14] Order to Show Cause,,, Set Deadlines,, Dissolve TRO.. Document filed by Americas Toys Project LLC, SmartEcom LLC. (Attachments: # (1) Exhibit 1 - complaint)(Greenberger, Jordan) |
| Dec 7, 2018 | 20 | Motion to Vacate (1) Docket Text: MOTION to Vacate [14] Order to Show Cause,,, Set Deadlines,, Dissolve TRO. Document filed by Americas Toys Project LLC, SmartEcom LLC. Return Date set for 12/12/2018 at 10:00 AM.(Greenberger, Jordan) |
| Dec 6, 2018 | 19 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Jordan Daniel Greenberger on behalf of Americas Toys Project LLC, SmartEcom LLC. (Greenberger, Jordan) |
| Dec 5, 2018 | 17 | Main Document (3) Docket Text: DECLARATION of EMILY H. JAQUEZ in Support re: [14] Order to Show Cause,,, Set Deadlines,,. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit C, # (2) Exhibit D, # (3) Exhibit E, # (4) Exhibit F, # (5) Exhibit G, # (6) Exhibit H, # (7) Declaration of Service)(Dunnegan, William) |
| Dec 5, 2018 | 17 | Exhibit C (53) |
| Dec 5, 2018 | 17 | Exhibit D (36) |
| Dec 5, 2018 | 17 | Exhibit E (4) |
| Dec 5, 2018 | 17 | Exhibit F (3) |
| Dec 5, 2018 | 17 | Exhibit G (3) |
| Dec 5, 2018 | 17 | Exhibit H (2) |
| Dec 5, 2018 | 17 | Declaration of Service (3) |
| Dec 5, 2018 | 18 | Main Document (3) Docket Text: DECLARATION of WILLIAM DUNNEGAN in Support re: [14] Order to Show Cause,,, Set Deadlines,,. Document filed by Mattel, Inc.. (Attachments: # (1) Declaration of Service)(Dunnegan, William) |
| Dec 5, 2018 | 18 | Declaration of Service (3) |
| Dec 5, 2018 | 16 | Declaration of Service (3) |
| Dec 5, 2018 | 16 | Exhibit B (5) |
| Dec 5, 2018 | 16 | Exhibit A (10) |
| Dec 5, 2018 | 16 | Main Document (3) Docket Text: DECLARATION of MICHAEL MOORE in Support re: [14] Order to Show Cause,,, Set Deadlines,,. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Service)(Dunnegan, William) |
| Dec 5, 2018 | 15 | Declaration of Service and Bond Posting (3) |
| Dec 5, 2018 | 15 | Main Document (13) Docket Text: MEMORANDUM OF LAW in Support re: [14] Order to Show Cause,,, Set Deadlines,, . Document filed by Mattel, Inc.. (Attachments: # (1) Declaration of Service and Bond Posting)(Dunnegan, William) |
| Nov 30, 2018 | 14 | Order to Show Cause (3) Docket Text: ORDER TO SHOW CAUSE FOR AN ORDER OF ATTACHMENT AND TEMPORARY RESTRAINING ORDER filed by Mattel, Inc. Defendants shall show cause as to why an order should not be entered, Pursuant to Rule 64 of the Federal Rules of Civil Procedure and New York CPLR ยง 6201, attaching the funds of defendants at Walmart, Inc., Groupon, Inc., Amazon, Inc. and PayPal, Inc., as further set forth in this Order. (Show Cause Hearing set for 12/12/2018 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero, Service due by 12/5/2018, Show Cause Response due by 12/7/2018.) (Signed by Judge Victor Marrero on 11/30/2018) (jca) Transmission to Finance Unit (Cashiers) for processing. Modified on 12/3/2018 (jca). |
| Sep 12, 2018 | 13 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Richard Weiss on behalf of Mattel, Inc.. (Weiss, Richard) |
| Sep 10, 2018 | 12 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Mattel, Inc.. (Chung, Andrew) |
| Sep 10, 2018 | 11 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Laura Jean Scileppi on behalf of Mattel, Inc.. (Scileppi, Laura) |
| Aug 23, 2018 | 10 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to SmartEcom LLC. (pc) |
| Aug 23, 2018 | 9 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Americas Toys Project LLC. (pc) |
| Aug 23, 2018 | 8 | 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). (pc) |
| Aug 23, 2018 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (pc) |
| Aug 23, 2018 | N/A | Case Designation (0) Docket Text: Magistrate Judge Debra C. Freeman 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. (pc) |
| Aug 23, 2018 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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. (pc) |
| Aug 22, 2018 | 7 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to SmartEcom LLC, re: [1] Complaint. Document filed by Mattel, Inc.. (Dunnegan, William) |
| Aug 22, 2018 | 6 | 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.(Dunnegan, William) |
| Aug 22, 2018 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Americas Toys Project LLC, re: [1] Complaint. Document filed by Mattel, Inc.. (Dunnegan, William) |
| Aug 22, 2018 | 4 | Request for Issuance of Summons (2) Docket Text: FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR (SEE [7] Request) - REQUEST FOR ISSUANCE OF SUMMONS as to SmartEcom LLC, re: [1] Complaint. Document filed by Mattel, Inc.. (Dunnegan, William) Modified on 8/23/2018 (pc). Modified on 8/23/2018 (db). |
| Aug 22, 2018 | 3 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel, Inc..(Dunnegan, William) |
| Aug 22, 2018 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed. (Dunnegan, William) |
| Aug 22, 2018 | 1 | Exhibit D (2) |
| Aug 22, 2018 | 1 | Exhibit C (1) |
| Aug 22, 2018 | 1 | Exhibit B (3) |
| Aug 22, 2018 | 1 | Exhibit A (3) |
| Aug 22, 2018 | 1 | Main Document (9) Docket Text: COMPLAINT against Americas Toys Project LLC, SmartEcom LLC. (Filing Fee $ 400.00, Receipt Number 0208-15483265)Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Dunnegan, William) |
