Case number 1:17-cv-00488
Merchdirect LLC v. Sunfrog LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 24, 2017 | 47 | Order of Dismissal (1) Docket Text: ORDER OF DISMISSAL ON CONSENT: Based on the settlement agreement reached by all parties dated July 18, 2017, and on the stipulation of the parties pursuant to 28 U.S.C. § 636(c), IT IS HEREBY ORDERED THAT this action is dismissed without prejudice and without costs provided, however, that the Court retains jurisdiction pursuant to the terms of the July 18, 2017 settlement agreement. Any pending motions are to be terminated as moot and all conferences are cancelled. This Order replaces and supersedes the prior Order of Dismissal. (Signed by Magistrate Judge Andrew J. Peck on 7/24/2017) (mro) |
| Jul 24, 2017 | N/A | Terminate Transcript Deadlines (0) Docket Text: Terminate Transcript Deadlines (mro) |
| Jul 21, 2017 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mps) |
| Jul 20, 2017 | 45 | Memo Endorsement (3) Docket Text: MEMO ENDORSED on re: [44] Letter filed by Deftones, Merchdirect LLC. ENDORSEMENT: If you want the Court to retain jurisdiction over the settlement agreement, file it with the Court (under seal if necessary-but with a courtesy copy to my Chambers). (Signed by Magistrate Judge Andrew J. Peck on 7/20/2017) Copies Sent Via ECF By Chambers. (js) |
| Jul 19, 2017 | 44 | Letter (2) Docket Text: JOINT LETTER addressed to Magistrate Judge Andrew J. Peck from Ryan S. Klarberg dated 7/19/17 re: request to amend the Order dated June 15, 2017. Document filed by Deftones, Merchdirect LLC.(Klarberg, Ryan) |
| Jul 13, 2017 | 43 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT: on re: [42] Letter filed by Deftones, Merchdirect LLC. ENDORSEMENT: Rather than the parties' proposal the Court extends the time to reinstate the action to 8/15/17. (Signed by Magistrate Judge Andrew J. Peck on 7/13/2017) (ap) |
| Jul 13, 2017 | 42 | Letter (2) Docket Text: JOINT LETTER addressed to Magistrate Judge Andrew J. Peck from Dyan Finguerra-DuCharme dated 7/13/17 re: request to amend the Order dated June 15, 2017. Document filed by Deftones, Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
| Jun 15, 2017 | 41 | ORDER OF DISMISSAL (1) |
| Jun 15, 2017 | 41 | Main Document (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 6/15/2017 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). (Attachments: # (1) ORDER OF DISMISSAL) (ap) |
| Jun 15, 2017 | 40 | Order of Dismissal (1) Docket Text: ORDER OF DISMISSAL ON CONSENT: The parties having reached a settlement agreement in principle at the June 14, 2017 conference and are finalizing settlement documents, IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs, provided, however that any party may reinstate the action within 30 days hereof if the settlement is not fully effectuated. Any application to reopen must be filed via ECF within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Any pending motions are to be terminated as moot. (Signed by Magistrate Judge Andrew J. Peck on 6/15/2017) (ap) |
| Jun 15, 2017 | N/A | Terminate Transcript Deadlines (0) Docket Text: Terminate Transcript Deadlines. (ap) |
| Jun 14, 2017 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Settlement Conference held on 6/14/2017. Settled (30 day order) (Kelly, Diane) |
| May 31, 2017 | 39 | Order (6) Docket Text: ORDER FOR SETTLEMENT CONFERENCE, A settlement conference is scheduled for June 14, 2017 at 2:30 PM before Magistrate Judge Andrew J. Peck in Courtroom 20D, 500 Pearl Street. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. The Court requires each side to have made at least one settlement demand/response prior to submission of their settlement memoranda. It is my practice to have only one settlement conference in a case; counsel should confer as much as possible before the conference to make it as meaningful as possible. If defendant intends to assert an inability to pay, defendant shall provide plaintiff's counsel with tax records, business records, bank statements or other documents or information, demonstrating defendant's financial condition. On or before June 7, 2017, counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). The latter should be the realistic settlement range of that party, not just the party's "opening bid." The settlement range in the settlement memorandum will be kept confidential by me and not disclosed to opposing counsel. I strongly suggest that the settlement memorandum not exceed 15 pages (any memorandum in excess of 15 pages must be filed two weeks before the conference). Also on that same date, counsel shall advise the Court and opposing counsel, by letter, of who the client representative(s) will be (name, position and, if necessary, an explanation of their role). Within two business days, counsel shall bring any concerns as to the client representatives to the Court's attention. The parties are to follow the "Individual Practices of Magistrate Judge Andrew J. Peck," a copy of which is on the S.D.N.Y. website and also is attached. SO ORDERED. (Settlement Conference set for 6/14/2017 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 5/31/17) (yv) Copies by ECF to: All Counsel. |
| May 17, 2017 | 38 | 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 3/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) |
| May 17, 2017 | 37 | Transcript (22) Docket Text: TRANSCRIPT of Proceedings re: Conference held on 3/23/2017 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/15/2017.(Siwik, Christine) |
| May 11, 2017 | 36 | Answer to Amended Complaint (30) Docket Text: ANSWER to [28] Amended Complaint, with JURY DEMAND. Document filed by John Does 1-10, Josh Kent, Sunfrog LLC.(Duff, Anderson) |
| May 11, 2017 | 35 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sunfrog LLC.(Duff, Anderson) |
| May 1, 2017 | 34 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT: on re: [33] Letter filed by Deftones, Merchdirect LLC. ENDORSEMENT: Parties to update re status by 6/1/17. (This does not extend any litigation deadlines.) (Signed by Magistrate Judge Andrew J. Peck on 4/1/2017) (ap) |
| May 1, 2017 | 33 | Letter (2) Docket Text: JOINT LETTER addressed to Magistrate Judge Andrew J. Peck from Joint Letter dated 5/1/17 re: Settlement Negotiations. Document filed by Deftones, Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
| Apr 11, 2017 | 32 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [31] Letter filed by Sunfrog LLC, Josh Kent. ENDORSEMENT: SO ORDERED. Jane Does 1-10 answer due 5/11/2017; John Does 1-10 answer due 5/11/2017; Josh Kent answer due 5/11/2017; Sunfrog LLC answer due 5/11/2017; XYZ Companies 1-10 answer due 5/11/2017. (Signed by Judge Richard J. Sullivan on 4/11/2017) (cf) |
| Apr 11, 2017 | 31 | Letter (2) Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Anderson J. Duff and Ryan S. Klarberg dated April 11, 2017 re: First Request for Extension of Time to Respond to Amended Complaint. Document filed by Josh Kent, Sunfrog LLC.(Duff, Anderson) |
| Apr 4, 2017 | 30 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [29] Letter filed by Sunfrog LLC, Josh Kent. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties shall proceed according to the case management plant and scheduling order at docket number 25. IT IS FURTHER ORDERED THAT if either party contemplates a motion, the post-discovery conference scheduled for October 13, 2017 shall also serve as a pre-motion conference. Any pre-motion letters must be submitted by September 29, 2017. (Signed by Judge Richard J. Sullivan on 4/4/2017) (jwh) |
| Apr 3, 2017 | 29 | Letter (1) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Anderson J. Duff dated March 31, 2017 re: Joint Letter Regarding Defendants' Contemplated Motion to Dismiss. Document filed by Josh Kent, Sunfrog LLC.(Duff, Anderson) |
| Mar 28, 2017 | 28 | Amended Complaint (25) Docket Text: AMENDED COMPLAINT amending [1] Complaint against Jane Does 1-10, John Does 1-10, Josh Kent, Sunfrog LLC, XYZ Companies 1-10 with JURY DEMAND.Document filed by Merchdirect LLC, Deftones. Related document: [1] Complaint filed by Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
| Mar 28, 2017 | N/A | Notice to Attorney Regarding Deficient Pleading (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dyan Finguerra-DuCharme to RE-FILE re: Document No. [27] Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; The amended complaint was filed incorrectly on the due date. Permission from Chambers will need to be acquired in order for the correctly filed amended complaint to be accepted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Mar 27, 2017 | 27 | Amended Complaint (25) Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending [1] Complaint against Jane Does 1-10, John Does 1-10, Josh Kent, Sunfrog LLC, XYZ Companies 1-10 with JURY DEMAND.Document filed by Merchdirect LLC. Related document: [1] Complaint filed by Merchdirect LLC.(Finguerra-DuCharme, Dyan) Modified on 3/28/2017 (pc). |
| Mar 23, 2017 | N/A | Pre-Motion Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 3/23/2017. Attorneys Dyan Finguerra-DuCharme and Ryan Klarberg present for Plaintiff. Attorney Anderson Duff present for Defendants. Court reporter present. The Court ordered Plaintiff to file an amended complaint by 3/27/2017, and the parties to submit a joint letter about Defendants' contemplated motion to dismiss by 4/3/2017 (as set forth in a separately docketed order). The Court also approved a separately docketed case management plan. (Blacklock, Evelyn) |
| Mar 23, 2017 | 24 | Order (1) Docket Text: ORDER: As stated on the record at the March 23, 2017 pre-motion conference, IT IS HEREBY ORDERED THAT Plaintiff shall file its amended complaint by March 27, 2017. IT IS FURTHER ORDERED THAT, by April 3, 2017, the parties shall submit a joint letter that (1) indicates whether Defendants intend to proceed with their contemplated motion to dismiss, and (2) if so, proposes a briefing schedule for that motion. ( Amended Pleadings due by 3/27/2017.) (Signed by Judge Richard J. Sullivan on 3/23/2017) (mro) |
| Mar 23, 2017 | 25 | Scheduling Order (4) Docket Text: CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Depositions shall be completed by 6/16/2017. All fact discovery is to be completed no later than 7/14/2017. All discovery shall be completed no later than 9/29/2017. All expert disclosures, including reports, production of underlying documents, and depositions shall be completed pursuant to the following deadlines: a. Expert(s) of Plaintiff(s): September 1, 2017; b. Expert(s) of Defendant(s): September 1, 2017. Referral to a Magistrate Judge for settlement discussions. The parties are to contact MJ Peck by 5/1/2017. Parties have conferred and their present best estimate of the length of trial is 5 days. Status Conference set for 10/13/2017 at 02:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 3/23/2017) (mro) |
| Mar 23, 2017 | 26 | Order Referring Case to Magistrate Judge (1) Docket Text: ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. The parties shall contact Magistrate Judge Peck to schedule a settlement conference by May 1, 2017. (Signed by Judge Richard J. Sullivan on 3/23/2017) (mro) |
| Mar 16, 2017 | 23 | Initial Report of Parties Before Pretrial Conference (4) Docket Text: INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
| Feb 28, 2017 | 22 | Blackline Comparison (42) |
| Feb 28, 2017 | 22 | Proposed Amended Complaint (27) |
| Feb 28, 2017 | 22 | Main Document (3) Docket Text: LETTER addressed to Judge Richard J. Sullivan from BRAD D. ROSE dated FEBRUARY 28, 2017 re: RESPONSE TO DEFENDANTS' PRE-MOTION LETTER. Document filed by Merchdirect LLC. (Attachments: # (1) Proposed Amended Complaint, # (2) Blackline Comparison)(Rose, Brad) |
| Feb 24, 2017 | 21 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT on re: [20] FIRST LETTER addressed to Judge Richard J. Sullivan from Anderson J. Duff dated February 23, 2017 re: Pre-Motion Conference. Document filed by Josh Kent, Sunfrog LLC. ENDORSEMENT: IT IS HEREBY ORDERED THAT the initial conference scheduled for March 23, 2017 shall also serve as a pre-motion conference on Defendants' contemplated motion to dismiss. Plaintiff is reminded to respond to Defendants' pre-motion letter by February 28, 2017, in accordance with Rule 2.A of the Court's Individual Rules and Practices. So ordered. (Pre-Motion Conference set for 3/23/2017 at 11:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/24/2017) (rjm) |
| Feb 23, 2017 | 20 | Letter (3) Docket Text: FIRST LETTER addressed to Judge Richard J. Sullivan from Anderson J. Duff dated February 23, 2017 re: Pre-Motion Conference. Document filed by Josh Kent, Sunfrog LLC.(Duff, Anderson) |
| Feb 23, 2017 | 19 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Anderson Josiah Duff on behalf of Josh Kent, Sunfrog LLC. (Duff, Anderson) |
| Feb 21, 2017 | 18 | Affidavit of Service Other (1) Docket Text: AFFIDAVIT OF SERVICE of Court Order dated 2/15/17 served on Sunfrog LLC, Josh Kent, John Does 1-10 d/b/a Sunfrog.com on 2/17/17. Document filed by Merchdirect LLC. (Klarberg, Ryan) |
| Feb 15, 2017 | 17 | Order for Initial Pretrial Conference (2) Docket Text: ORDER: Initial Conference set for 3/23/2017 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 2/15/2017) (cla) |
| Feb 13, 2017 | 16 | Summons Returned Executed (1) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint served. Jane Does 1-10 served on 2/3/2017, answer due 2/24/2017; John Does 1-10 served on 2/3/2017, answer due 2/24/2017. Service was accepted by Josh Kent. Document filed by Merchdirect LLC. (Klarberg, Ryan) |
| Feb 13, 2017 | 15 | Summons Returned Executed (1) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint served. Josh Kent served on 2/3/2017, answer due 2/24/2017. Service was accepted by Josh Kent. Document filed by Merchdirect LLC. (Klarberg, Ryan) |
| Feb 13, 2017 | 14 | Summons Returned Executed (1) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint served. Sunfrog LLC served on 2/3/2017, answer due 2/24/2017. Service was accepted by SUNFROG LLC. Document filed by Merchdirect LLC. (Klarberg, Ryan) |
| Jan 24, 2017 | 13 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to John Does 1-10. (pc) |
| Jan 24, 2017 | 12 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Josh Kent. (pc) |
| Jan 24, 2017 | 11 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Sunfrog LLC. (pc) |
| Jan 24, 2017 | 10 | 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) |
| Jan 24, 2017 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (pc) |
| Jan 24, 2017 | N/A | Case Designation (0) Docket Text: Magistrate Judge Andrew J. Peck is so designated. (pc) |
| Jan 24, 2017 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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) |
| Jan 24, 2017 | N/A | Notice to Attorney Regarding Party Modification (0) Docket Text:***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dyan Finguerra-DuCharme. The party information for the following party/parties has been modified: John Does 1-10 d/b/a Sunfrog.com. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc) |
| Jan 23, 2017 | 9 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Ryan Klarberg on behalf of Merchdirect LLC. (Klarberg, Ryan) |
| Jan 23, 2017 | 8 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Brad David Rose on behalf of Merchdirect LLC. (Rose, Brad) |
| Jan 23, 2017 | 7 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to John Does 1-10 d/b/a Sunfrog.com, re: [1] Complaint. Document filed by Merchdirect LLC. (Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 6 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Sunfrog LLC, re: [1] Complaint. Document filed by Merchdirect LLC. (Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Josh Kent, re: [1] Complaint. Document filed by Merchdirect LLC. (Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 4 | 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.(Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 3 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed. (Finguerra-DuCharme, Dyan) |
| Jan 23, 2017 | 1 | Complaint (23) Docket Text: COMPLAINT against Jane Does 1-10, John Does 1-10 d/b/a Sunfrog.com, Josh Kent, Sunfrog LLC, XYZ Companies 1-10. (Filing Fee $ 400.00, Receipt Number 0208-13229400)Document filed by Merchdirect LLC.(Finguerra-DuCharme, Dyan) |
