Nike, Inc. v. B&H Customs Services, Inc. et al > Documents

Date Field	Doc. No.	Description (Pages)
Apr 14, 2022	92	Main Document (2) Docket Text: JOINT MOTION to Reopen Case and Notice of Filing Stipulated Permanent Injunction and Final Order. Document filed by Nike, Inc.. (Attachments: # (1) Text of Proposed Order Stipulated Permanent Injunction and Final Order).(Holihan, Michael)
Apr 14, 2022	92	Text of Proposed Order Stipulated Permanent Injunction and Final Order (13)
Apr 14, 2022	93	Stipulation and Order of Dismissal (13) Docket Text: STIPULATED PERMANENT INJUNCTION AND FINAL ORDER AGAINST SHINE SHIPPING LTD AND SHINE INTERNATIONAL TRANSPORTATION (SHENZHEN) LIMITED: Upon consideration of the Stipulated Permanent Injunction and Final Order, and this Court being full aware of the premises, the Court makes the following findings of fact and conclusions of law: 1. Defendants, Shine Shipping Ltd. and Shine International Transportation (Shenzen) Limited (Collectively, "Shine) stipulate that this Court has jurisdiction over the Plaintiff and the Defendants and the subject matter of this action. 2. Shine stipulates that NIKE, Inc. ("NIKE") is the owner of the distinctive trademarks identified by the index of registrations set forth in this stipulation; which trademarks are incorporated herein and will collectively be referred to as the "NIKE Trademarks." The registrations are valid and subsisting, and conclusive proof of NIKE's rights to the NIKE Trademarks and properties noted. 3. NIKE brought this action (the "Litigation") against Shine, alleging claims of direct contributory trademark counterfeiting, trademark infringement, false designation of origin, trademark dilution, violation of the Tariff Act, and unlawful importation of goods bearing infringing/counterfeit marks in violation of the laws of the United States. Shine has denied liability for the claims asserted by NIKE in the Litigation. 4. Notwithstanding Shine's foregoing denial of liability, Shine has never been authorized by NIKE to import, manufacture, transport, sell, offer for sale, advertise, promote, market, display, or distribute merchandise bearing unauthorized simulations, reproductions, counterfeits, copies, or colorable imitations of the NIKE Trademarks, or any trademarks that Nike owns and has registered with the United States Patent and Trademark Office, or bearing any design or image that is of a substantially similar appearance to the NIKE Trademarks. 5. Without admission of liability of any kind as to the allegations brought by NIKE in the Litigation, Shine, its officers, directors, agents, employees, affiliates, divisions, and subsidiaries agree that in the future, while acting on or behalf of Shine, shall not willfully and/or knowingly import, transport, manufacture, export, distribute, offer for sale, sell, traffic, or assist in the importation, transportation, manufacture, exportation, distribution, offering for sale, selling, or trafficking, in any goods, bearing unauthorized simulations, reproductions, counterfeits, copies, or colorable imitations of the NIKE Trademarks, or any bearing a design or image that is likely to cause confusion with any of the NIKE Trademarks. 6. Shine agrees and stipulates that it acts as a United States Federal Maritime Commission ("FMC") registered, foreign domiciled, non-vessel operating common carrier ("NVOCC") pursuant to 46 CFR 515.19, and in this capacity, provides transportation services for third parties transporting goods from foreign countries to the United States for purposes of the importation of such goods into the United States (collectively, "Cargo Transportation Services"). Shine further agrees and stipulates that such Cargo Transportation Services are regulated in part by the FMC, as well as United States Customs and Border Protection ("CBP"). Additionally, Shine agrees and stipulates that FMC and CBP regulations prohibit it from knowingly passing on false or misleading information related to the transportation and importation of goods into the United States, and such regulations further require Shine to maintain copies of relevant documents, including electronic documents, which relate to Shine's provision of Cargo Transportation Services, importation or the assistance of importation of cargo into the United States, or exportation or the assistance of exportation of cargo out of the United States, for a period of five (5) years from the date of transportation or customs entry of any cargo imported in or exported out of the United States. Shine further agrees and stipulates that it has a duty of due diligence and reasonable care not to transport, import, or assist in the transportation or importation, of any goods that are in violation of United States law. 7. Shine stipulates and agrees to entry of the Permanent Injunction and Final Order against it in the form below. In view of the foregoing: IT IS ORDERED AND ADJUDGED that a Permanent Injunction is entered as to Shine, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining Shine, along with their agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, from the following: A. Willfully importing, exporting, assisting in the importation or exportation, transporting, assisting in the transportation, manufacturing, procuring, distributing, shipping, retailing, selling, offering for sale, marketing, advertising, or trafficking in any merchandise not authorized by NIKE bearing unauthorized simulations, reproductions, counterfeits, copies or colorable imitations of the NIKE Trademarks, or any trademarks that Nike owns and has registered with the United States Patent and Trademark Office, or bearing a design that is likely to cause confusion with the NIKE Trademarks, including but not limited to NIKE Trademarks listed herein; B. Willfully passing off, inducing, or enabling others to sell or pass off as authentic products produced by NIKE or otherwise authorized b NIKE, any product no manufactured by NIKE or produced under the control or supervision of NIKE and approved by NIKE, which uses any of the NIKE Trademarks listed herein or any trademarks that Nike owns and has registered with the United States Patent and Trademark Office; C. Willfully committing any act calculated to cause purchasers to believe that products subject to Shine's Cargo Transportation Services are those under the control and supervision of NIKE, sponsored, approved, or guaranteed by NIKE, or connected with and produced under the control of supervision of NIKE; and D. Providing Cargo Transportation Services for counterfeit or infringing goods, which goods violated any United States registered trademark (Unauthorized Goods"), to and/or from any United States or foreign port, or filing or causing to be filed false information, including manifest information with CBP's Automated Commercial Environment ("ACE"), concerning such Unauthorized Goods, without first conducting a due diligence investigation into the authenticity and source of the transportation documentation upon which it relied to provide Cargo Transportation Services or make any ACE filing concerning the Unauthorized Goods. The Parties stipulate and agree that the following procedures, if fully and materially compiled with by Shine, shall meet the due diligence investigation requirement required by Section D of this Permanent Injunction: i. Shine shall not provide transportation services for or with any transportation, logistics, or shipping companies not located in the United States ("Foreign Freight Forwarders") which Foreign Freight Forwarders Shine knows to be providing NVOCC services, as that term is defined by 46 CFR 515.2(k), and which Foreign Freight Forwarders are not registered and bonded through the FMC as a foreign NVOCC; ii. Shine shall verify the authenticity and source of any documentation, including shipping instructions, for any cargo which it provides Cargo Transportation Services to the United States, prior to providing such services by one of the three procedures identified in subsections (a) through (c) below: a. Shine shall communicate directly with the identified shipper of the goods as that shipper is identified on the shipping documentation or shipping instructions (the "Shipper"), by telephone, facsimile, or email. Shine shall communicate with the Shipper via a reliable telephone number, facsimile number, or email address publicly associated with the Shipper as found via: 1) government database or publication; 2) a website where the second level domain of the website domain name incorporates the Shipper's corporate name and the website is, on its face, operated by the Shipper; or 3) any publicly listed and generally recognized as reliable Internet database (the "Reliable Contact Point"). Shine shall, when communicating with the Shipper through the Reliable Contact Point, contact the identified shipper and obtain a representation that the information contained in the shipping instructions or shipping documentation is accurate and truthful before providing Cargo Transportation Services. As a material part of this confirmation process, Shine shall generate a written record of the communication(s). If made by telephone, Shine shall note the: 1) date; 2) telephone number utilized; 3) identity of the person(s) contacted; and 4) provide the substance of such communications. If the direct communication occurs via email or facsimile, Shine will ensure that a written record is made of the confirmation containing the same material information as if the confirmation was made via telephone. Additionally, Shine shall maintain a record of the source of the Reliable Contact Point; or b. Shine shall communicate directly with the identified Importer of Record if known, and if not know, the Ultimate Consignee of the goods (collectively, the "Importer"), as the Importer is identified on the shipping documentation or shipping instructions, so long as the identified on the shipping documentation or shipping instructions, so long as the identified Importer does not appear on the face of the shipping instructions or shipping documents to be a: 1) freight forwarder; 2) logistics entity; 3) receiving agent; or 4) other third party not intended to be the ultimate recipient of the subject goods. Such communications shall occur by telephone, facsimile, or email, and must be made with the Importer via a Reliable Contact Point. Shine shall, when communicating with the Importer through the Reliable Contact Point, obtain a representation that the information contained in the shipping instructions or shipping documentation is accurate and truthful before providing transportation or importation services. As a material part of this confirmation process, Shine shall make a written record of the communication. If made by telephone, Shine shall note the: 1) date; 2) telephone number utilized; 3) identity of the person(s) contacted; and 4) provide the substance of such communications. If the direct communication occurs via email or facsimile, Shine shall ensure that a written record is made of the communication containing the same material information as if the communication was made via telephone. Additionally, Shine shall maintain a record of the source of the Reliable Contact Point; or c. Shine shall receive written verification from any Foreign Freight Forwarder, or any other transportation, logistics, or shipping company based in the United States, which refers to Shine any shipment for transportation or passes on such a shipment to Shine as a co-loaded shipment (collectively, the "Referring Party"), confirming or attesting to the following information: (1) Referring Party represents that it has direct contact with the Shipper or Importer, and has verified the source of authenticity of the shipping instructions and/or shipping documentation through the requirements of Subsections (D)(ii)(a) and (D)(ii)(b) of this Permanent Injunction; and (2) Referring Party has verified that any cargo containing identified on any shipping instructions and/or shipping documents related to the transportation of the cargo, was in fact delivered and acquired from the location associated with the Shipper in such shipping instructions and/or shipping documents; and (3) Referring Party either: 1) provides shine with its full address, telephone number, facsimile number, email address, and if applicable, the Referring Party's FMC, Chinese FMC, or comparable Chinese or other foreign transportation license or registration number (which license or registration information Shine independently verifies through the applicable government database), or 2) if the referring Party is not licensed or registered by the FMC or Chinese FMC, or licensed or registered with a comparable Chinese or other foreign transportation regulatory agency, Shine will conduct a credit check of the Referring Party with the National Enterprise Credit Information Publicity System (NECIPS), CreditChina website, or comparable Chinese or other applicable foreign national credit database, to confirm the validity of referring Party's legal existence and contact information (hereinafter the "Identity Confirmation"). If the Identity Confirmation shows no record of the existence of the Referring Party, Shine shall not provide Cargo Transportation Services to the Referring Party without first verifying the shipment via the provisions of D.ii.(a) or (b) above. iii. Shine shall maintain for a period of five (5) years from the date of providing transportation services, all records related to its transportation and/or importation, or the assisting in the transportation or importation, of goods to or from the United States via ocean carrier, including, but not limited to the following data which shall collectively be referred to as a Shipping File: 1) shipping instructions; 2) bills of lading; 3) arrival notices; 4) packing lists; 5) commercial invoices; 6) invoices, or bills for transportation or importation services, rendered to or from Shine; 7) entry documents; 8) export documents 9) ACE filings; 10) Import Security Filing information; 11) CBP or FMC inquiries; 12) customer identity verification information; 13) customer banking information used for any payment; 14) copies of any government identifications reviewed or relied upon; 15) Power of Attorney; 16) credit checks utilized to conducted the Identity Confirmation under section D.ii.c.(3) above; and 17) relevant communications with any applicable shipper consignee, vessel operating common carrier, NVOCC, freight forwarder, or other interested party. iv. If Shine is put on written notice by NIKE, or any United States, Chinese or other foreign government agency, that a Referring Party has previously, willfully or with reckless disregard, transmitted false or misleading transportation documentation involving the transportation or importation of Unauthorized Goods into the United States or into any foreign country (the "Identified Referring Party"), Shine shall cease accepting any further cargo referrals or co-loading with said Identified Referring Party within twenty (20) days of receiving such notice. It is further ORDERED AND ADJUDGED. That this Court shall retain jurisdiction of this action for purposes of enforcing the provisions of this Permanent Injunction and Final Order by way of contempt or otherwise. Shine agrees not to contest the validity of the NIKE Trademarks in any such proceedings. It is further ORDERED AND ADJUDGED. That the Parties waive appeal of this Permanent Injunction and Final Order. It is further ORDERED AND ADJUDGED. That each party to this Permanent Injunction and Final Order shall bear its own attorneys' fees and costs of this action. SO ORDERED. The Clerk of Court is directed to terminated ECF No. 92. Motions terminated: [92] JOINT MOTION to Reopen Case and Notice of Filing Stipulated Permanent Injunction and Final Order. filed by Nike, Inc. (Signed by Judge Jesse M. Furman on 4/14/2022) (ate)
Feb 16, 2022	89	Motion for Extension of Time (1) Docket Text: JOINT LETTER MOTION for Extension of Time to Finalize Settlement Documents addressed to Magistrate Judge Ona T. Wang from Michael W.O. Holihan and Brendan Collins dated February 16, 2022. Document filed by Nike, Inc...(Holihan, Michael)
Feb 16, 2022	90	Order of Dismissal (1) Docket Text: ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to terminate ECF No. 89 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/22) (yv)
Feb 16, 2022	91	AO 120 Form Trademark - Case Terminated - Submitted (3) 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 2/16/22 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). (yv)
Jan 18, 2022	N/A	Order on Motion for Extension of Time (0) Docket Text: ORDER granting [87] Letter Motion for Extension of Time. Application GRANTED. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (kds)
Jan 17, 2022	87	Motion for Extension of Time (1) Docket Text: JOINT LETTER MOTION for Extension of Time to Continue Settlement Discussions addressed to Magistrate Judge Ona T. Wang from Michael W.O. Holihan and Brendan Collins dated 01/17/2022. Document filed by Nike, Inc...(Holihan, Michael)
Dec 7, 2021	N/A	Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Settlement Conference held on 12/7/2021. (Quinn, Diane)
Nov 24, 2021	86	Order on Motion for Extension of Time (1) Docket Text: ORDER granting [85] Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 85. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/2021) (va)
Nov 23, 2021	85	Motion for Extension of Time (1) Docket Text: JOINT LETTER MOTION for Extension of Time Extending Pre-trial Deadlines addressed to Judge Jesse M. Furman from Michael W.O. Holihan and Brendan Collins dated November 23, 2021. Document filed by Nike, Inc...(Holihan, Michael)
Oct 26, 2021	N/A	Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 10/26/2021. (Quinn, Diane)
Oct 26, 2021	83	Scheduling Order (1) Docket Text: SCHEDULING ORDER: ORDERED that a Settlement Conference for Plaintiff counsel only will be held on Tuesday, December 07, 2021 at 2:30 p.m. The Dial in information is (866) 3901828, access code 1582687. Counsel shall review and comply with the Courts Individual Rules of Practice in Civil Cases § VI upon receipt of this Scheduling Order. It is further ORDERED that the parties Ex Parte Settlement Conference Summary Forms and Letters shall be submitted by Tuesday, November 30, 2021. SO ORDERED. Telephone Conference set for 12/7/2021 at 02:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 10/26/2021) (kv)
Oct 26, 2021	84	Scheduling Order (1) Docket Text: SCHEDULING ORDER: ORDERED that a Settlement Conference, for Defense counsel only, will be held on Tuesday, December 07, 2021 at 3:30 p.m. The Dial in information is (866) 3901828, access code 1582687. Counsel shall review and comply with the Court's Individual Rules of Practice in Civil Cases § VI upon receipt of this Scheduling Order. It is further ORDERED that the parties' Ex Parte Settlement Conference Summary Forms and Letters shall be submitted by Tuesday, November 30, 2021. Telephone Conference set for 12/7/2021 at 03:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 10/26/2021) (rro)
Oct 12, 2021	82	Internet Citation (14) Docket Text: INTERNET CITATION NOTE: Material from decision with Internet citation re: [77] Memorandum & Opinion. (sjo)
Oct 7, 2021	81	Scheduling Order (1) Docket Text: SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Tuesday, October 26, 2021 at 12:00 p.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. Telephone Conference set for 10/26/2021 at 12:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 10/7/2021) (rro)
Oct 6, 2021	79	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 Ona T. Wang. (Signed by Judge Jesse M. Furman on 10/5/2021) (tg)
Oct 6, 2021	80	Order on Motion for Conference (1) Docket Text: ORDER granting in part and denying in part [78] Letter Motion for Conference re: [78] LETTER MOTION for Conference re: [77] Memorandum & Opinion,,,,,,,,,,,, Requesting Referral to Magistrate for Settlement Conference and Staying all Discovery and Pre-trial Deadlines addressed to Judge Jesse M. Furman from Michael W.O. Holi. Application GRANTED in part. All discovery and pre-trial deadlines as set forth in the Court's September 30, 2021 Opinion and Order, see ECF No. 77, are hereby extended by sixty days. If additional time is required to facilitate settlement discussions, the parties may submit a joint letter to that effect. The Clerk of Court is directed to terminate ECF No. 78. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2021) (tg) Modified on 10/14/2021 (tg).
Oct 5, 2021	78	Motion for Conference (1) Docket Text: LETTER MOTION for Conference re: [77] Memorandum & Opinion,,,,,,,,,,,, Requesting Referral to Magistrate for Settlement Conference and Staying all Discovery and Pre-trial Deadlines addressed to Judge Jesse M. Furman from Michael W.O. Holihan and Brendan Collins dated 10/05/2021. Document filed by Nike, Inc...(Holihan, Michael)
Sep 30, 2021	77	Memorandum & Opinion (30) Docket Text: OPINION AND ORDER re: [63] MOTION for Summary Judgment . filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd. Nike's motion for summary judgment is DENIED, while Shine's cross-motion for summary judgment is GRANTED in part and DENIED in part. More specifically, the Court rules as follows: Nike's direct-infringement claims under Sections 1114 and 1125(a) of the Lanham Act must be and are dismissed because Shine, as a mere transporter of the goods at issue, is not strictly liable under those provisions of the Lanham Act; There is a genuine dispute of material fact with respect to whether Shine knew or should have known that I/O Interconnect and/or IO Innovative were shipping counterfeit goods and, thus, Nike's claims for contributory infringement under Sections 1114 and 1125(a) of the Lanham Act cannot be dismissed; So too, there is a genuine dispute of material fact with respect to whether Shine imported or dealt in counterfeit goods within the meaning of the Tariff Act, 19 U.S.C. § 1526, precluding summary judgment on that claim; Nike's similar claim under Section 1124 of the Lanham Act must be and is dismissed, both because there is no private cause of action for violation of that provision and because it is duplicative of the Tariff Act claim; Nike is not entitled to summary judgment with respect to whether a presumption of willfulness applies to its Lanham Act claims under Section 1117(e) of the Act; and Nike's dilution claims, under federal and state law, and its other state-law claims fail as a matter of law and, thus, must be dismissed. Unless and until the Court orders otherwise, the parties shall have sixty days from entry of this Opinion and Order to complete discovery on damages. See ECF No. 52. Within thirty days of the close of such discovery, the parties shall submit a proposed joint pretrial order and associated materials (in accordance with Section 5 of the Court's Individual Rules and Practices in Civil Cases, available at https://www.nysd.uscourts.gov/hon-jesse-m-furman). After reviewing the parties' submissions, the Court will schedule a pretrial conference to discuss the procedures for and timing of trial in light of the COVID-19 pandemic. In the meantime, the Court is of the view that the parties should try to settle this case without the need for an expensive trial. To that end, the parties shall promptly meet and confer to discuss settlement and advise the Court if there is anything the Court can do to facilitate a resolution without trial, such as referral to the assigned Magistrate Judge for settlement purposes or referral to the Court-annexed mediation program. If the parties agree that a settlement conference would be appropriate, they shall promptly advise the Court and seek an appropriate extension of the pretrial deadlines. The Clerk of Court is directed to terminate ECF No. 63. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/21) (yv)
Apr 12, 2021	75	Reply Memorandum of Law (15) Docket Text: REPLY MEMORANDUM OF LAW re: [72] Memorandum of Law in Opposition to Motion,, . Document filed by Nike, Inc...(Holihan, Michael)
Apr 12, 2021	76	Main Document (10) Docket Text: COUNTER STATEMENT TO [73] Rule 56.1 Statement. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit 1 Declaration of Cindy Thompson, # (2) Exhibit 2 Declaration of Kenneth Kim).(Holihan, Michael)
Apr 12, 2021	76	Exhibit 1 Declaration of Cindy Thompson (6)
Apr 12, 2021	76	Exhibit 2 Declaration of Kenneth Kim (18)
Mar 29, 2021	72	Main Document (29) Docket Text: MEMORANDUM OF LAW in Opposition re: [66] MOTION for Summary Judgment on the Issues of Liability and Presumption of Willfulness Against Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited and Opposition to Shine Shipping Ltd and Shine International Transportation and Reply in Support of Shine International Transportation (Shenzhen) Limited, and Shine Shipping Ltd.'s Motion for Summary Judgment. Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd. (Attachments: # (1) Exhibit A - Fed. Maritime Case).(Collins, Brendan)
Mar 29, 2021	72	Exhibit A - Fed. Maritime Case (33)
Mar 29, 2021	73	Main Document (5) Docket Text: RULE 56.1 STATEMENT. Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd. (Attachments: # (1) Exhibit 1 - Supp. Chim Dec.).(Collins, Brendan)
Mar 29, 2021	73	Exhibit 1 - Supp. Chim Dec. (6)
Mar 29, 2021	74	Counter Statement to Rule 56.1 (30) Docket Text: COUNTER STATEMENT TO [70] Rule 56.1 Statement. Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd..(Collins, Brendan)
Mar 18, 2021	70	Rule 56.1 Statement (26) Docket Text: RULE 56.1 STATEMENT. Document filed by Nike, Inc...(Holihan, Michael)
Mar 18, 2021	71	Counter Statement to Rule 56.1 (30) Docket Text: COUNTER STATEMENT TO [65] Rule 56.1 Statement,. Document filed by Nike, Inc...(Holihan, Michael)
Mar 17, 2021	N/A	Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael W.O. Holihan to RE-FILE Document [66] MOTION for Summary Judgment on the Issues of Liability and Presumption of Willfulness Against Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited and Opposition to Shine Shipping Ltd and Shine International Transportation. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Rule 56.1 Statement and Counter Statement to Rule 56.1 are both found under the event list Other Answers. (ldi)
Mar 9, 2021	69	Main Document (3) Docket Text: NOTICE of of Filing Amended Exhibit 12 to the Declaration of Michael W.O. Holihan re: [67] Notice (Other),,,,,,. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit 12 to Holihan Declaration filed at Docket 67).(Holihan, Michael)
Mar 9, 2021	69	Exhibit 12 to Holihan Declaration filed at Docket 67 (35)
Mar 8, 2021	66	Main Document (3) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment on the Issues of Liability and Presumption of Willfulness Against Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited and Opposition to Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited's Motion for Summary Judgment. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit A Nike's Statement of Uncontested Material Facts, # (2) Exhibit B Nike's Response to Shine's Statement of Uncontested Material Facts, # (3) Text of Proposed Order C Proposed Order).(Holihan, Michael) Modified on 3/17/2021 (ldi).
Mar 8, 2021	66	Exhibit A Nike's Statement of Uncontested Material Facts (27)
Mar 8, 2021	66	Exhibit B Nike's Response to Shine's Statement of Uncontested Material (42)
Mar 8, 2021	66	Text of Proposed Order C Proposed Order (3)
Mar 8, 2021	67	Main Document (3) Docket Text: NOTICE of of Filing Declaration of Michael W.O. Holihan in Support of NIKE, Inc.'s Motion for Summary Judgment re: [66] MOTION for Summary Judgment on the Issues of Liability and Presumption of Willfulness Against Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited and Opposition to Shine Shipping Ltd and Shine International Transportation. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit 1 Declaration of Newton Vieira Part 1, # (2) Exhibit 1 Declaration of Newton Vieira Part 2, # (3) Exhibit 1 Declaration of Newton Vieira Part 2, # (4) Exhibit 2 Declaration of Gina Yeh, # (5) Exhibit 3 Declaration of Kenneth Kim, # (6) Exhibit 4 Declaration of Todd Owen, # (7) Exhibit 5 Shine Shipping Amended Responses to RFA, # (8) Exhibit 5 Shine International Amended Responses to Request for Admissions, # (9) Exhibit 7 Kim Depo Excerpts Part 1, # (10) Exhibit 7 Kim Depo Excerpts Part 2, # (11) Exhibit 7 Kim Depo Excerpts Part 3, # (12) Exhibit 7 Kim Depo Excerpts Part 4, # (13) Exhibit 7 Kim Depo Excerpts Part 5, # (14) Exhibit 8 Luong Depo Excerpts Part 1, # (15) Exhibit 8 Luong Depo Excerpts Part 2, # (16) Exhibit 8 Luong Depo Excerpts Part 3, # (17) Exhibit 8 Luong Depo Excerpts Part 4, # (18) Exhibit 8 Luong Depo Excerpts Part 5, # (19) Exhibit 8 Luong Depo Excerpts Part 6, # (20) Exhibit 8 Luond Depo Excerpts Part 7, # (21) Exhibit 9 Owen Depo Excerpts, # (22) Exhibit 10 Owen Depo Exhibit 169, # (23) Exhibit 11 Roche Depo Excerpts Part 1, # (24) Exhibit 11 Roche Depo Excerpts Part 2, # (25) Exhibit 11 Roche Depo Excerpts Part 3, # (26) Exhibit 12 RT Express Depo Excerpts, # (27) Exhibit 13 Shine Police Report).(Holihan, Michael)
Mar 8, 2021	67	Exhibit 1 Declaration of Newton Vieira Part 1 (92)
Mar 8, 2021	67	Exhibit 1 Declaration of Newton Vieira Part 2 (12)
Mar 8, 2021	67	Exhibit 1 Declaration of Newton Vieira Part 2 (20)
Mar 8, 2021	67	Exhibit 2 Declaration of Gina Yeh (8)
Mar 8, 2021	67	Exhibit 3 Declaration of Kenneth Kim (12)
Mar 8, 2021	67	Exhibit 4 Declaration of Todd Owen (12)
Mar 8, 2021	67	Exhibit 5 Shine Shipping Amended Responses to RFA (47)
Mar 8, 2021	67	Exhibit 5 Shine International Amended Responses to Request for Admissions (48)
Mar 8, 2021	67	Exhibit 7 Kim Depo Excerpts Part 1 (29)
Mar 8, 2021	67	Exhibit 7 Kim Depo Excerpts Part 2 (30)
Mar 8, 2021	67	Exhibit 7 Kim Depo Excerpts Part 3 (30)
Mar 8, 2021	67	Exhibit 7 Kim Depo Excerpts Part 4 (25)
Mar 8, 2021	67	Exhibit 7 Kim Depo Excerpts Part 5 (10)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 1 (25)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 2 (25)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 3 (24)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 4 (22)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 5 (23)
Mar 8, 2021	67	Exhibit 8 Luong Depo Excerpts Part 6 (37)
Mar 8, 2021	67	Exhibit 8 Luond Depo Excerpts Part 7 (36)
Mar 8, 2021	67	Exhibit 9 Owen Depo Excerpts (64)
Mar 8, 2021	67	Exhibit 10 Owen Depo Exhibit 169 (37)
Mar 8, 2021	67	Exhibit 11 Roche Depo Excerpts Part 1 (31)
Mar 8, 2021	67	Exhibit 11 Roche Depo Excerpts Part 2 (22)
Mar 8, 2021	67	Exhibit 11 Roche Depo Excerpts Part 3 (33)
Mar 8, 2021	67	Exhibit 12 RT Express Depo Excerpts (34)
Mar 8, 2021	67	Exhibit 13 Shine Police Report (1)
Mar 8, 2021	68	Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [66] MOTION for Summary Judgment on the Issues of Liability and Presumption of Willfulness Against Shine Shipping Ltd and Shine International Transportation (Shenzhen) Limited and Opposition to Shine Shipping Ltd and Shine International Transportation, [63] MOTION for Summary Judgment . . Document filed by Nike, Inc...(Holihan, Michael)
Feb 8, 2021	63	Motion for Summary Judgment (3) Docket Text: MOTION for Summary Judgment . Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd..(Collins, Brendan)
Feb 8, 2021	64	Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [63] MOTION for Summary Judgment . . Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd..(Collins, Brendan)
Feb 8, 2021	65	Main Document (19) Docket Text: RULE 56.1 STATEMENT. Document filed by Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9).(Collins, Brendan)
Feb 8, 2021	65	Exhibit 1 (11)
Feb 8, 2021	65	Exhibit 2 (18)
Feb 8, 2021	65	Exhibit 3 (202)
Feb 8, 2021	65	Exhibit 4 (4)
Feb 8, 2021	65	Exhibit 5 (37)
Feb 8, 2021	65	Exhibit 6 (2)
Feb 8, 2021	65	Exhibit 7 (2)
Feb 8, 2021	65	Exhibit 8 (3)
Feb 8, 2021	65	Exhibit 9 (3)
Dec 8, 2020	62	Protective Order (5) Docket Text: CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). The Clerk of Court is directed to terminate ECF No. 61. Motions terminated: [61] JOINT MOTION for Confidentiality Confidentiality Stipulation and Proposed Protective Order. filed by Nike, Inc.. (Signed by Judge Jesse M. Furman on 12/8/2020) (cf)
Dec 7, 2020	61	Motion for Confidentiality (5) Docket Text: JOINT MOTION for Confidentiality Confidentiality Stipulation and Proposed Protective Order. Document filed by Nike, Inc...(Holihan, Michael)
Nov 24, 2020	59	Letter (3) Docket Text: JOINT LETTER addressed to Judge Jesse M. Furman from Michael W.O. Holihan and Brendan Collins dated 11/24/2020 re: Joint Status Letter. Document filed by Nike, Inc...(Holihan, Michael)
Nov 24, 2020	60	Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT on re: [59] Joint Status Letter filed by Nike, Inc. ENDORSEMENT: Upon review of the parties' letter, the Court concludes that there is no need for a pretrial conference at this time, so the conference scheduled for December 2, 2020, is hereby CANCELED. If any party believes that a conference would, in fact, be appropriate - to discuss the anticipated motions, settlement, expert discovery, or anything else - the parties should promptly confer and file a letter motion requesting a conference. Upon reflection, the Court concludes that it would be better to structure summary judgment practice so that there are four briefs rather than six, to wit: an initial motion; then a consolidated opposition and cross-motion; then a consolidated reply and opposition; and then a reply. Unless and until the Court orders otherwise, the following schedule shall apply to the anticipated summary judgment motion practice: - No later than February 8, 2021, Defendants shall file a motion for summary judgment, supported by a memorandum of law not to exceed 25 pages; - No later than March 8, 2021, Plaintiff shall file a cross-motion and opposition to Defendants' motion, to be supported by a single, consolidated memorandum of law not to exceed 35 pages; - No later than March 29, 2021, Defendants shall file their opposition to Plaintiff's cross-motion and reply in support of their own motion, in the form of a single, consolidated memorandum of law not to exceed 25 pages; - No later than April 12, 2021, Plaintiff shall file its reply, not to exceed 10 pages, If either party believes that the foregoing schedule or structure should be modified, the parties should promptly confer and file a letter motion seeking an appropriate modification. SO ORDERED., ( Cross Motions due by 3/8/2021., Motions due by 2/8/2021., Responses due by 3/29/2021, Replies due by 4/12/2021.) (Signed by Judge Jesse M. Furman on 11/24/20) (yv)
Nov 17, 2020	56	Motion to Adjourn Conference (1) Docket Text: JOINT LETTER MOTION to Adjourn Conference Scheduled for 11/18/2020 at 3:30 p.m. addressed to Judge Jesse M. Furman from Michael W.O. Holihan and Brendan Collins dated 11/17/2020. Document filed by Nike, Inc...(Holihan, Michael)
Nov 17, 2020	57	Order (1) Docket Text: ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case - currently scheduled for December 2, 2020 - in person. Counsel should submit their joint status letter on ECF no later than the Wednesday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/17/2020) (jwh)
Nov 17, 2020	58	Order on Motion to Adjourn Conference (1) Docket Text: ORDER granting [56] Letter Motion to Adjourn Conference: In light of the parties' joint letter stating that they "were able to resolve the pending discovery disputes," ECF No. 56, the conference scheduled for November 18, 2020, is hereby CANCELLED and Plaintiff's motion for a discovery conference, ECF No. 53, is deemed WITHDRAWN. The Clerk of Court is directed to terminate ECF Nos. 53 and 56. (Signed by Judge Jesse M. Furman on 11/17/2020) (jwh)
Nov 15, 2020	N/A	Order on Motion for Conference (0) Docket Text: ORDER granting [53] Letter Motion for Conference: The Court will hold a telephone conference on November 18, 2020, at 3:30 p.m., to address Plaintiff's letter motion. Counsel shall confer in advance of the conference to further narrow the issues in dispute. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
Nov 5, 2020	54	Main Document (3) Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Brendan Collins dated November 5, 2020 re: [53] LETTER MOTION for Conference Regarding Discovery addressed to Judge Jesse M. Furman from Michael W.O. Holihan dated 11/02/2020. . Document filed by Shine Shipping Ltd. (Attachments: # (1) Supplement Response to Request for Production for Shine Shipping, # (2) Supplement Dickie Zeng Resignation letter).(Collins, Brendan)
Nov 5, 2020	54	Supplement Response to Request for Production for Shine Shipping (24)
Nov 5, 2020	54	Supplement Dickie Zeng Resignation letter (1)
Nov 2, 2020	53	Motion for Conference (3) Docket Text: LETTER MOTION for Conference Regarding Discovery addressed to Judge Jesse M. Furman from Michael W.O. Holihan dated 11/02/2020. Document filed by Nike, Inc.. Return Date set for 11/5/2020 at 05:00 PM..(Holihan, Michael)
Sep 30, 2020	N/A	Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Cross Motions due by 2/8/2021. Discovery due by 1/8/2021. Responses due by 3/8/2021 Replies due by 3/28/2021. (rro)
Sep 30, 2020	51	Main Document (2) Docket Text: LETTER MOTION for Discovery Bifurcation addressed to Judge Jesse M. Furman from Michael W.O. Holihan and Brendan Collins dated 09/30/2020. Document filed by Nike, Inc.. (Attachments: # (1) Text of Proposed Order).(Holihan, Michael)
Sep 30, 2020	51	Text of Proposed Order (3)
Sep 30, 2020	52	Order on Motion for Discovery (2) Docket Text: AMENDED SCHEDULING ORDER granting [51] Letter Motion for Discovery. Discovery on the issue of liability shall be completed no later than January8, 2021. Cross motions for summary judgment on the issue of liability shall be filed on or before February 8, 2021. Oppositions to summary judgment motions shall be filed no later than March 8, 2021. Reply briefs on summary judgment motions shall be filed no later than March 28, 2021. Should the Court's ruling on the cross motions for summary judgment not fully resolve this matter, the Parties shall have sixty (60) days from entry of an Order on the cross motions for summary judgment to complete discovery on damages. The Parties shall identify any damage experts within seven (7) days of the Court entering its summary judgment order. The Clerk of Court is directed to terminate ECF No. 51. (Signed by Judge Jesse M. Furman on 9/30/2020) (rro)
Sep 24, 2020	N/A	Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: ( Expert Discovery due by 1/8/2021., Fact Discovery due by 11/20/2020.), Set/Reset Hearings:( Initial Conference set for 12/2/2020 at 03:15 PM before Judge Jesse M. Furman.) (ama)
Sep 24, 2020	49	Order on Motion for Extension of Time (1) Docket Text: ORDER AMENDING SCHEDULING ORDER TO EXTEND DISCOVERY DEADLINES: granting [45] Letter Motion for Extension of Time; granting [47] Letter Motion for Extension of Time to File Response/Reply; granting [48] Letter Motion for Extension of Time to File Response/Reply. It is hereby ordered that the discovery deadlines included in this Court's Civil Case Management Plan and Scheduling Order [ECF No. 41], is hereby amended to provide the following updated discovery deadlines: a. Fact Discovery shall be completed no later than November 20, 2020. b. Expert Discovery shall be completed no later than January 8, 2021. c. Affirmative Expert Reports shall be provided no later than November 1, 2020. d. Rebuttal Expert Reports shall be provided no later than December 1, 2020. The pretrial conference scheduled for October 21, 2020, is ADJOURNED to December 2, 2020, at 3:15 p.m. The Clerk of Court is directed to terminate ECF Nos. 45, 47, and 48. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/24/2020) (ama)
Sep 24, 2020	50	Stipulation and Order (15) Docket Text: STIPULATED PERMANENT INJUNCTION AND FINAL ORDER AGAINST HANA FREIGHT LLC D/R/A HANA INTERNATIONAL LOGISTICS, IT IS ORDERED AND ADJUDGED that a Permanent Injunction is entered as to Hana, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining Hana, their agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise as further set forth in this Stipulation. It is further ORDERED AND ADJUDGED, That the parties waive appeal of this Permanent Injunction and Final Order. It is further ORDERED AND ADJUDGED, That each party to this Permanent Injunction and Final Order shall bear its own attorneys' and costs of this action. As this resolves Plaintiff's claims against Hana Freight LLC d/b/a Hana International Logistics, the Clerk of Court is directed to terminate Hana Freight LLC d/b/a/ Hana International Logistics as a party to this action. (Hana Freight LLC terminated.) (Signed by Judge Jesse M. Furman on 9/24/20) (yv)
Sep 22, 2020	47	Motion for Extension of Time to File Response/Reply (3) Docket Text: LETTER MOTION for Extension of Time to File Response/Reply as to [45] LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Michael W.O. Holihan dated 09/18/2020. Letter Motion addressed to Judge Jesse M. Furman from Brendan Collins dated September 22, 2020. Document filed by Shine International Transportation (Shenzhen) Limited..(Collins, Brendan)
Sep 22, 2020	48	Motion for Extension of Time to File Response/Reply (3) Docket Text: LETTER MOTION for Extension of Time to File Response/Reply as to [45] LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Michael W.O. Holihan dated 09/18/2020. Letter Motion addressed to Judge Jesse M. Furman from Brendan Collins dated September 22, 2020. Document filed by Shine Shipping Ltd..(Collins, Brendan)
Sep 18, 2020	N/A	Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 9/23/2020 (rro)
Sep 18, 2020	45	Main Document (3) Docket Text: LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Michael W.O. Holihan dated 09/18/2020. Document filed by Nike, Inc.. (Attachments: # (1) Text of Proposed Order).(Holihan, Michael)
Sep 18, 2020	45	Text of Proposed Order (2)
Sep 18, 2020	46	Order on Motion for Extension of Time (3) Docket Text: ORDER with respect to [45] Letter Motion for Extension of Time. The Shine Defendants are ORDERED to file any response to Plaintiff's letter-motion on or before September 23, 2020. No reply shall be filed absent leave of this Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/2020) (rro)
Jun 15, 2020	44	Answer to Amended Complaint (16) Docket Text: ANSWER to [32] Amended Complaint,,,,. Document filed by Shine International Transportation (Shenzhen) Limited..(Collins, Brendan)
Jun 12, 2020	43	Main Document (2) Docket Text: NOTICE of of Filing Stipulated Permanent Injunction and Final Order Against Hana Freight LLC d/b/a Hana International Logistics. Document filed by Nike, Inc.. (Attachments: # (1) Text of Proposed Order).(Holihan, Michael)
Jun 12, 2020	43	Text of Proposed Order (15)
Jun 11, 2020	42	Main Document (2) Docket Text: NOTICE of Of Filing Affidavit of Service re: [32] Amended Complaint,,,,. Document filed by Nike, Inc.. (Attachments: # (1) Affidavit Affidavit of Service).(Holihan, Michael)
Jun 11, 2020	42	Affidavit Affidavit of Service (8)
May 15, 2020	41	Case Management Plan (6) Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting a a United States Magistrate Judge, including motions and trial. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 7/1/2020. Deposition due by 12/7/2020. Fact Discovery due by 10/20/2020. Expert Discovery due by 12/7/2020. Counsel for the parties have conferred, and the present best estimate of the length of trial is 6 days. Initial Conference set for 10/21/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The pretrial conference previously scheduled for May 20, 2020 is cancelled. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/15/20) (yv)
May 14, 2020	40	Main Document (5) Docket Text: JOINT LETTER addressed to Judge Jesse M. Furman from Michael W.O. Holihan, Brendan Collins and Richard Catalina dated 05/14/2020 re: Joint Status Letter. Document filed by Nike, Inc.. (Attachments: # (1) Civil Case Management Plan and Scheduling Order).(Holihan, Michael)
May 14, 2020	40	Civil Case Management Plan and Scheduling Order (6)
May 11, 2020	39	Order (1) Docket Text: ORDER. In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/11/20) (yv)
May 5, 2020	37	Main Document (2) Docket Text: NOTICE of of Filing Stipulated Permanent Injunction and Final Order Against B&H Customs Services, Inc. re: [36] Notice (Other). Document filed by Nike, Inc.. (Attachments: # (1) Text of Proposed Order Stipulated Permanent Injunction).(Holihan, Michael)
May 5, 2020	37	Text of Proposed Order Stipulated Permanent Injunction (13)
May 5, 2020	38	Stipulation and Order (13) Docket Text: STIPULATION PERMANENT INJUNCTION AND FINAL ORDER AGAINST B&H CUSTOMS SERVICES, INC. T IS ORDERED AND ADJUDGED that a Permanent Injunction is entered as to B&H, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining B&H, their agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise: From willfully importing, exporting, assisting in the importation or exportation, transporting, assisting in the transportation, manufacturing, procuring, distributing, shipping, retailing, selling, offering for sale, marketing, advertising, or trafficking in any merchandise: ( 1) not authorized by NIKE, and (ii) bearing unauthorized simulations, reproductions, counterfeits, copies, or colorable imitations of the NIKE Trademarks, or bearing a design that is of a substantially similar appearance to the NIKE Trademarks including but not limited to the NIKE Trademarks listed herein; From willfully passing off, inducing, or enabling others to sell or pass off as authentic products produced by NIKE or otherwise authorized by NIKE, any product not manufactured by NIKE or produced under the control or supervision of NIKE and approved by NIKE, which uses any of the NIKE Trademarks listed herein and as further set forth in this Stipulation. I.B&H shall: a.receive and have in its possession a fully executed POA granting authority from the Importer to the Customs Broker prior to the filing of any entry documents, which POA will clearly and legibly identify the Importer's name, address, and if a corporation, partnership or limited liability company, the state where such entity is fonned and registered, the entity's phone number, the full name of any grantor signing the POA, the grantor's phone number if different from the entity's phone number, and the grantor's position or relationship to the Importer; and B&H must collect the following information from the Importer to be utilized by the B&H to validate the identity of the Importer from whom it has received a putatively valid POA as provided for in Section l(a) above as further set forth in this Stipulation; It is further ORDERED AND ADJUDGED, that this Court will retain jurisdiction of this action for purposed of enforcing the provisions of the Permanent Injunction and Final Order by way of contempt or otherwise. B&H agrees not to contest the validity of the NIKE Trademarks in any such proceedings; It is further ORDERED AND ADJUDGED, that the parties waive appeal of this Permanent Injunction and Final Order. It is further ORDERED AND ADJUDGED, that each party to this Permanent Injunction and Final Order shall bear its own attorneys' fees and costs of this action and as further set forth in this Stipulation; As this resolves Plaintiff's claims against B&H Customs Services, Inc., the Clerk of Court is directed to terminate B&H Customs Services, Inc., as a party to this action., ( B&H Customs Services, Inc. terminated.) (Signed by Judge Jesse M. Furman on 5/5/20) (yv) Modified on 5/5/2020 (yv).
May 4, 2020	36	Notice (Other) (13) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #37) - NOTICE of of Filing Stipulated Permanent Injunction and Final Order Against B&H Customs Services, Inc. Document filed by Nike, Inc.(Holihan, Michael) Modified on 5/5/2020 (ldi).
Apr 16, 2020	35	Answer to Amended Complaint (16) Docket Text: ANSWER to [32] Amended Complaint,,,,. Document filed by Shine Shipping Ltd..(Collins, Brendan)
Mar 27, 2020	N/A	Notice to Attorney Regarding Party Modification (0) Docket Text:***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael W.O. Holihan. The party information for the following party/parties has been modified: Shine Shipping Ltd. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne)
Mar 27, 2020	34	Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Shine International Transportation (Shenzhen) Limited..(pne)
Mar 26, 2020	N/A	Add Party for Pleading (0) Docket Text: ADD PARTY FOR PLEADING. Defendants/Respondents Shine International Transportation (Shenzhen) Limited added. Party added pursuant to [30] Amended Complaint,,,,.Document filed by Nike, Inc.. Related document: [30] Amended Complaint,,,,..(Holihan, Michael)
Mar 26, 2020	32	Main Document (39) Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint,,, against B&H Customs Services, Inc., Jane Does, Various John Does, Hana Freight LLC, Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd with JURY DEMAND.Document filed by Nike, Inc.. Related document: [1] Complaint,,,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40).(Holihan, Michael)
Mar 26, 2020	32	Exhibit 1 (63)
Mar 26, 2020	32	Exhibit 2 (2)
Mar 26, 2020	32	Exhibit 3 (2)
Mar 26, 2020	32	Exhibit 4 (2)
Mar 26, 2020	32	Exhibit 5 (3)
Mar 26, 2020	32	Exhibit 6 (2)
Mar 26, 2020	32	Exhibit 7 (5)
Mar 26, 2020	32	Exhibit 8 (3)
Mar 26, 2020	32	Exhibit 9 (2)
Mar 26, 2020	32	Exhibit 10 (2)
Mar 26, 2020	32	Exhibit 11 (2)
Mar 26, 2020	32	Exhibit 12 (2)
Mar 26, 2020	32	Exhibit 13 (2)
Mar 26, 2020	32	Exhibit 14 (2)
Mar 26, 2020	32	Exhibit 15 (2)
Mar 26, 2020	32	Exhibit 16 (2)
Mar 26, 2020	32	Exhibit 17 (2)
Mar 26, 2020	32	Exhibit 18 (3)
Mar 26, 2020	32	Exhibit 19 (2)
Mar 26, 2020	32	Exhibit 20 (2)
Mar 26, 2020	32	Exhibit 21 (2)
Mar 26, 2020	32	Exhibit 22 (2)
Mar 26, 2020	32	Exhibit 23 (3)
Mar 26, 2020	32	Exhibit 24 (2)
Mar 26, 2020	32	Exhibit 25 (2)
Mar 26, 2020	32	Exhibit 26 (3)
Mar 26, 2020	32	Exhibit 27 (2)
Mar 26, 2020	32	Exhibit 28 (2)
Mar 26, 2020	32	Exhibit 29 (2)
Mar 26, 2020	32	Exhibit 30 (2)
Mar 26, 2020	32	Exhibit 31 (3)
Mar 26, 2020	32	Exhibit 32 (2)
Mar 26, 2020	32	Exhibit 33 (3)
Mar 26, 2020	32	Exhibit 34 (2)
Mar 26, 2020	32	Exhibit 35 (3)
Mar 26, 2020	32	Exhibit 36 (2)
Mar 26, 2020	32	Exhibit 37 (2)
Mar 26, 2020	32	Exhibit 38 (2)
Mar 26, 2020	32	Exhibit 39 (2)
Mar 26, 2020	32	Exhibit 40 (7)
Mar 26, 2020	33	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Shine International Transportation (Shenzhen) Limited, re: [32] Amended Complaint,,,,. Document filed by Nike, Inc...(Holihan, Michael)
Mar 25, 2020	N/A	Notice to Attorney Regarding Deficient Pleading (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael W.O. Holihan to RE-FILE re: Document No. [30] 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 party/parties whom the pleading is against were selected; Shine Shipping Ltd must be added to the case as a new party with no aliases. 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 PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
Mar 25, 2020	N/A	Notice to Attorney Regarding Deficient Request for Issuance of Summons (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael W.O. Holihan to RE-FILE Document No. [31] Request for Issuance of Summons. The filing is deficient for the following reason(s): the summons request was not processed due to the deficient pleading; re-file your summons request after you have correctly re-filed your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne)
Mar 24, 2020	30	Main Document (39) Docket Text: FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-FIRST AMENDED COMPLAINT amending [1] Complaint,,, against B&H Customs Services, Inc., Jane Does, Various John Does, Hana Freight LLC, Shine International Transportation (Shenzhen) Limited, Shine Shipping Ltd, XYZ Companies with JURY DEMAND.Document filed by Nike, Inc.. Related document: [1] Complaint,,,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40).(Holihan, Michael) Modified on 3/25/2020 (pne).
Mar 24, 2020	30	Exhibit 1 (63)
Mar 24, 2020	30	Exhibit 2 (2)
Mar 24, 2020	30	Exhibit 3 (2)
Mar 24, 2020	30	Exhibit 4 (2)
Mar 24, 2020	30	Exhibit 5 (3)
Mar 24, 2020	30	Exhibit 6 (2)
Mar 24, 2020	30	Exhibit 7 (5)
Mar 24, 2020	30	Exhibit 8 (3)
Mar 24, 2020	30	Exhibit 9 (2)
Mar 24, 2020	30	Exhibit 10 (2)
Mar 24, 2020	30	Exhibit 11 (2)
Mar 24, 2020	30	Exhibit 12 (2)
Mar 24, 2020	30	Exhibit 13 (2)
Mar 24, 2020	30	Exhibit 14 (2)
Mar 24, 2020	30	Exhibit 15 (2)
Mar 24, 2020	30	Exhibit 16 (2)
Mar 24, 2020	30	Exhibit 17 (2)
Mar 24, 2020	30	Exhibit 18 (3)
Mar 24, 2020	30	Exhibit 19 (2)
Mar 24, 2020	30	Exhibit 20 (2)
Mar 24, 2020	30	Exhibit 21 (2)
Mar 24, 2020	30	Exhibit 22 (2)
Mar 24, 2020	30	Exhibit 23 (3)
Mar 24, 2020	30	Exhibit 24 (2)
Mar 24, 2020	30	Exhibit 25 (2)
Mar 24, 2020	30	Exhibit 26 (3)
Mar 24, 2020	30	Exhibit 27 (2)
Mar 24, 2020	30	Exhibit 28 (2)
Mar 24, 2020	30	Exhibit 29 (2)
Mar 24, 2020	30	Exhibit 30 (2)
Mar 24, 2020	30	Exhibit 31 (3)
Mar 24, 2020	30	Exhibit 32 (2)
Mar 24, 2020	30	Exhibit 33 (3)
Mar 24, 2020	30	Exhibit 34 (2)
Mar 24, 2020	30	Exhibit 35 (3)
Mar 24, 2020	30	Exhibit 36 (2)
Mar 24, 2020	30	Exhibit 37 (2)
Mar 24, 2020	30	Exhibit 38 (2)
Mar 24, 2020	30	Exhibit 39 (2)
Mar 24, 2020	30	Exhibit 40 (7)
Mar 24, 2020	31	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Shine International Transportation (Shenzhen) Limited, re: [30] Amended Complaint,,,,. Document filed by Nike, Inc...(Holihan, Michael)
Mar 11, 2020	29	Stipulation and Order (1) Docket Text: STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND, IT IS HEREBY STIPULATED, CONSENTED AND AGREED, by and between the undersigned counsel, that: The time for Hana to answer, move or otherwise respond to the Summons and Complaint is extended to and includes March 25, 2020. The Clerk of Court is directed to terminate ECF No. 28. So Ordered. Motions terminated: [28] LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Richard S. Meisner dated March 10, 2020. filed by Hana Freight LLC., (Hana Freight LLC answer due 3/25/2020.) (Signed by Judge Jesse M. Furman on 3/11/20) (yv)
Mar 10, 2020	26	Notice (Other) (1) Docket Text: NOTICE of of Service to Shine Shipping Ltd. d/b/a Shine International Transportation (Shenzhen) Limited re: [13] Order for Initial Pretrial Conference,,,,,,,,,. Document filed by Nike, Inc...(Holihan, Michael)
Mar 10, 2020	27	Notice (Other) (1) Docket Text: NOTICE of of Service to Hana Freight LLC d/b/a Hana International Logistics re: [13] Order for Initial Pretrial Conference,,,,,,,,,. Document filed by Nike, Inc...(Holihan, Michael)
Mar 10, 2020	28	Main Document (1) Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Richard S. Meisner dated March 10, 2020. Document filed by Hana Freight LLC. (Attachments: # (1) Text of Proposed Order Stipulation Extending Time to Answer).(Meisner, Richard)
Mar 10, 2020	28	Text of Proposed Order Stipulation Extending Time to Answer (1)
Mar 9, 2020	22	Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shine Shipping Ltd..(Collins, Brendan)
Mar 9, 2020	23	Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shine International Transportation (Shenzhen) Limited..(Collins, Brendan)
Mar 9, 2020	24	Answer to Complaint (16) Docket Text: ANSWER to [1] Complaint,,,. Document filed by Shine Shipping Ltd..(Collins, Brendan)
Mar 9, 2020	25	Answer to Complaint (16) Docket Text: ANSWER to [1] Complaint,,,. Document filed by Shine International Transportation (Shenzhen) Limited..(Collins, Brendan)
Feb 26, 2020	19	Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Hana Freight LLC served on 2/18/2020, answer due 3/10/2020. Service was accepted by Kenneth Kim, Registered Agent. Document filed by Nike, Inc...(Holihan, Michael)
Feb 26, 2020	20	Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Shine Shipping Ltd served on 2/18/2020, answer due 3/10/2020. Service was accepted by Lynda Ferguson, Human Resources Executive Assistant. Document filed by Nike, Inc...(Holihan, Michael)
Feb 26, 2020	21	Acknowledgment of Service Complaints (1) Docket Text: ACKNOWLEDGMENT OF SERVICE Summons and Complaint,,, served. B&H Customs Services, Inc. served on 2/25/2020. Service was accepted by Patrick J. Caulfield, Attorney for B&H Customs Services, Inc.. Service was made by Email. Document filed by Nike, Inc...(Holihan, Michael)
Feb 13, 2020	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [15] MOTION for Michael W.O. Holihan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18794080. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
Feb 13, 2020	N/A	Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Kimberly A. Harchuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18794869. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Feb 13, 2020	11	Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Hana Freight LLC..(sj) (Main Document 11 replaced on 2/13/2020) (gp).
Feb 13, 2020	12	Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to B&H Customs Services, Inc...(sj) (Main Document 12 replaced on 2/13/2020) (gp).
Feb 13, 2020	13	Order for Initial Pretrial Conference (3) Docket Text: NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on May 20, 2020 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 5/20/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/12/20) (yv)
Feb 13, 2020	14	AO 120 Form Trademark - Case Opening - Submitted (2) 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)..(sj)
Feb 13, 2020	15	Main Document (7) Docket Text: MOTION for Michael W.O. Holihan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18794080. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit A Certificate of Good Standing, # (2) Exhibit B Declaration in Support of Application for Admission Pro Hac Vice, # (3) Text of Proposed Order).(Holihan, Michael)
Feb 13, 2020	15	Exhibit A Certificate of Good Standing (2)
Feb 13, 2020	15	Exhibit B Declaration in Support of Application for Admission Pro Hac Vice (3)
Feb 13, 2020	15	Text of Proposed Order (2)
Feb 13, 2020	16	Main Document (2) Docket Text: MOTION for Kimberly A. Harchuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18794869. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: # (1) Exhibit A Certificate of Good Standing, # (2) Exhibit B Declaration in Support of Application for Admission Pro Hac Vice, # (3) Text of Proposed Order).(Harchuck, Kimberly)
Feb 13, 2020	16	Exhibit A Certificate of Good Standing (2)
Feb 13, 2020	16	Exhibit B Declaration in Support of Application for Admission Pro Hac Vice (3)
Feb 13, 2020	16	Text of Proposed Order (2)
Feb 13, 2020	N/A	Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER granting [15] Motion for Michael W.O. Holihan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
Feb 13, 2020	N/A	Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER granting [16] Motion for Kimberly A. Harchuck to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
Feb 12, 2020	N/A	Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
Feb 12, 2020	N/A	Case Designation (0) Docket Text: Magistrate Judge Ona T. Wang 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
Feb 12, 2020	N/A	Case Designated ECF (0) Docket Text: Case Designated ECF. (pne)
Feb 12, 2020	N/A	Notice to Attorney Regarding Case Opening Statistical Error Correction (0) Docket Text:***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael D. Hynes. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to New York. (pne)
Feb 12, 2020	N/A	Notice to Attorney Regarding Deficient Request for Issuance of Summons (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael D. Hynes to RE-FILE Document No. [3] Request for Issuance of Summons, [4] Request for Issuance of Summons,. The filing is deficient for the following reason(s): second party name in the 'To' field on the summons request PDF must include 'c/o' or 'via'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne)
Feb 12, 2020	N/A	Notice to Attorney to Submit AO 120 Form/AO 121 Form (0) Docket Text:***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Michael D. Hynes to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pne)
Feb 12, 2020	7	Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Shine Shipping Ltd. d/b/a Shine International Transportation (Shenzhen) Limited.(pne) (Main Document 7 replaced on 2/13/2020) (sj).
Feb 12, 2020	8	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to B&H Customs Services, Inc., re: [1] Complaint,,,. Document filed by Nike, Inc...(Hynes, Michael)
Feb 12, 2020	9	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Hana Freight LLC d/b/a Hana International Logistics, re: [1] Complaint,,,. Document filed by Nike, Inc...(Hynes, Michael)
Feb 12, 2020	10	AO 120 Form Patent/Trademark - Notice of Submission by Attorney (2) Docket Text: AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hynes, Michael)
Feb 11, 2020	1	Main Document (38) Docket Text: COMPLAINT against B&H Customs Services, Inc., Jane Does, Various John Does, Hana Freight LLC, Shine Shipping Ltd, XYZ Companies. (Filing Fee $ 400.00, Receipt Number ANYSDC-18767144)Document filed by Nike, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40).(Hynes, Michael)
Feb 11, 2020	1	Exhibit 1 (63)
Feb 11, 2020	1	Exhibit 2 (2)
Feb 11, 2020	1	Exhibit 3 (2)
Feb 11, 2020	1	Exhibit 4 (2)
Feb 11, 2020	1	Exhibit 5 (3)
Feb 11, 2020	1	Exhibit 6 (2)
Feb 11, 2020	1	Exhibit 7 (5)
Feb 11, 2020	1	Exhibit 8 (7)
Feb 11, 2020	1	Exhibit 9 (2)
Feb 11, 2020	1	Exhibit 10 (2)
Feb 11, 2020	1	Exhibit 11 (2)
Feb 11, 2020	1	Exhibit 12 (2)
Feb 11, 2020	1	Exhibit 13 (2)
Feb 11, 2020	1	Exhibit 14 (2)
Feb 11, 2020	1	Exhibit 15 (2)
Feb 11, 2020	1	Exhibit 16 (2)
Feb 11, 2020	1	Exhibit 17 (2)
Feb 11, 2020	1	Exhibit 18 (3)
Feb 11, 2020	1	Exhibit 19 (2)
Feb 11, 2020	1	Exhibit 20 (2)
Feb 11, 2020	1	Exhibit 21 (2)
Feb 11, 2020	1	Exhibit 22 (2)
Feb 11, 2020	1	Exhibit 23 (3)
Feb 11, 2020	1	Exhibit 24 (2)
Feb 11, 2020	1	Exhibit 25 (2)
Feb 11, 2020	1	Exhibit 26 (3)
Feb 11, 2020	1	Exhibit 27 (2)
Feb 11, 2020	1	Exhibit 28 (2)
Feb 11, 2020	1	Exhibit 29 (2)
Feb 11, 2020	1	Exhibit 30 (2)
Feb 11, 2020	1	Exhibit 31 (3)
Feb 11, 2020	1	Exhibit 32 (2)
Feb 11, 2020	1	Exhibit 33 (3)
Feb 11, 2020	1	Exhibit 34 (2)
Feb 11, 2020	1	Exhibit 35 (3)
Feb 11, 2020	1	Exhibit 36 (2)
Feb 11, 2020	1	Exhibit 37 (2)
Feb 11, 2020	1	Exhibit 38 (2)
Feb 11, 2020	1	Exhibit 39 (2)
Feb 11, 2020	1	Exhibit 40 (7)
Feb 11, 2020	2	Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Hynes, Michael)
Feb 11, 2020	3	Request for Issuance of Summons (2) Docket Text: FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to B&H Customs Services, Inc., re: [1] Complaint,,,. Document filed by Nike, Inc...(Hynes, Michael) Modified on 2/12/2020 (pne).
Feb 11, 2020	4	Request for Issuance of Summons (2) Docket Text: FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hana Freight LLC d/b/a Hana International Logistics, re: [1] Complaint,,,. Document filed by Nike, Inc...(Hynes, Michael) Modified on 2/12/2020 (pne).
Feb 11, 2020	5	Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Shine Shipping Ltd d/b/a Shine International Transportation (Shenzhen) Limited, re: [1] Complaint,,,. Document filed by Nike, Inc...(Hynes, Michael)
Feb 11, 2020	6	Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc...(Hynes, Michael)

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Nike, Inc. v. B&H Customs Services, Inc. et al > Documents