Case number 2:23-cv-02360
Suzette Kelly v. Fashion Nova, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 11, 2023 | 131 | SUPPLEMENT to MOTION for Sanctions for Spoliation of Evidence and to Strike Deposition Testimony in Errata Sheet 101 Defendant's L.R. 37-2.3 Supplemental Memorandum filed by Defendant Fashion Nova Inc. (Gills, Jeanne) (Entered: 10/11/2023) (9) |
| Oct 11, 2023 | 132 | RESPONSE filed by Counter Defendants Sarahi Fashion House, Inc., Suzette A. Kellyto Amended Counterclaim 123 (Adli, Dariush) (Entered: 10/11/2023) (30) |
| Oct 4, 2023 | 130 | DECLARATION of Suzette A. Kelly in support of APPLICATION to file document Exhibit 26 to Gills Declaration in Support of Defendant's Motion for Summary Judgment and Statement of Uncontroverted Facts under seal 125 filed by Plaintiff Suzette A. Kelly. (Adli, Dariush) (Entered: 10/04/2023) (6) |
| Oct 2, 2023 | 129 | (IN CHAMBERS) ORDER RE CORRECTED TEXT-ONLY ORDER RE DEFENDANT'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. 121) by Judge John A. Kronstadt: On September 15, 2023, Plaintiffs were ordered to submit a declaration from a percipient witness with personal knowledge of the substantive basis for the filing of the documents identified at Dkt. 111 under seal, rather than a declaration from Plaintiffs' counsel. Plaintiffs were to submit this declaration on or before September 22, 2023. No such declaration was timely filed. Plaintiffs shall submit an appropriate declaration on or before October 6, 2023. Failure to do so will result in the denial of the sealing application (Dkt. 111 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 10/02/2023) (0) |
| Sep 28, 2023 | 125 | APPLICATION to file document Exhibit 26 to Gills Declaration in Support of Defendant's Motion for Summary Judgment and Statement of Uncontroverted Facts under seal filed by Defendant Fashion Nova Inc. (Attachments: # 1 Redacted Document Exhibit 26 to Gills Declaration in Support of Defendant's Motion for Summary Judgment, # 2 Redacted Document Statement of Uncontroverted Facts, # 3 Proposed Order)(Gills, Jeanne) (Entered: 09/28/2023) (0) |
| Sep 28, 2023 | 126 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 26 to Gills Declaration in Support of Defendant's Motion for Summary Judgment and Statement of Uncontroverted Facts under seal 125 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Unredacted Document Exhibit 26 to Gills Declaration in Support of Defendant's Motion for Summary Judgment, # 2 Unredacted Document Statement of Uncontroverted Facts)(Gills, Jeanne) (Entered: 09/28/2023) (0) |
| Sep 28, 2023 | 127 | Notice OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC. Motion set for hearing on 11/6/2023 at 8:30 AM before Judge John A. Kronstadt filed by defendant Fashion Nova Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(Gills, Jeanne) (Entered: 09/28/2023) (0) |
| Sep 28, 2023 | 128 | MEMORANDUM in Support of 127 Notice of Motion and Motion for Summary Judgment filed by Defendant Fashion Nova Inc. (Attachments: # 1 Declaration J. M. Gills In Support of Motion for Summary Judgment, # 2 Exhibit 1 to Gills Decl. - SJ excerpt_ Suzette A. Kelly Dep, # 3 Exhibit 2 to Gills Decl. - Duran Excerpt, # 4 Exhibit 3 to Gills Decl. - Press release, # 5 Exhibit 4 to Gills Decl. - Website, # 6 Exhibit 5 to Gills Decl. - Website, # 7 Exhibit 6 to Gills Decl - Kelly Dep. Ex. 8, # 8 Exhibit 7 to Gils Decl. - Kelly Dep. Ex. 16, # 9 Exhibit 8 to Gills Decl. - Kelly Dep. Ex. 18, # 10 Exhibit 9 to Gills Decl. - Kelly Dep. Ex. 17, # 11 Exhibit 10 to Gills Decl. - Kelly Dep. Ex. 19, # 12 Exhibit 11 to Gills Decl. - Kelly Dep. Ex. 15, # 13 Exhibit 12 to Gills Decl. - Sarahi Kelly Facebook with Bronze Magazine, # 14 Exhibit 13 to Gills Decl. - Globalfashion, # 15 Exhibit 14 to Gills Decl. - Grieder Expert Report, # 16 Exhibit 15 to Gills Decl. - Plaintiff SARAHI's Response to IRROGS, # 17 Exhibit 16 to Gills Decl. - Example TM product photos, # 18 Exhibit 17 to Gills Decl. - Sarah Button Front Blazer Blue, # 19 Exhibit 18 to Gills Decl. - Sarah Sequin Top Black, # 20 Exhibit 19 to Gills Decl. - Sarah Sleeveless Midi Dress Black, # 21 Exhibit 20 to Gills Decl. - Sarah Sleeveless Midi Dress Blue, # 22 Exhibit 21 to Gills Decl. - Sarai Quilted Shacket Green, # 23 Exhibit 22 to Gills Decl. - Sarai Quilted Shacket Taupe, # 24 Exhibit 23 - to Gills Decl. - Saraiah Mini Dress Black, # 25 Exhibit 24 - to Gills Decl. - 2022.08.19 Plaintiff's Initial Disclosures, # 26 Exhibit 25 to Gills Decl. - 2023.1.20 - Plaintiff SARAHI's Response to Production, # 27 Exhibit 27 to Gills Decl. - Curve Collections Sarahi Jeans, # 28 Exhibit 28 to Gills Decl. - PL00074, # 29 Exhibit 29 to Gills Decl. - Sarahi Jeans Instagram photos and videos, # 30 Exhibit 30 to Gills Decl. - twitter, # 31 Exhibit 31 to Gills Decl. - Facebook, # 32 Exhibit 32 to Gills Decl. - Forever21 Jeans, # 33 Exhibit 33 to Gills Decl. - Hoodie Sweatshirt Sarahi Jeans, # 34 Exhibit 34 to Gills Decl. - Tops Sarahi Jeans, # 35 Exhibit 35 to Gills Decl. - Old Navy)(Gills, Jeanne) (Entered: 09/28/2023) (0) |
| Sep 27, 2023 | 123 | FIRST AMENDED COUNTERCLAIM against plaintiffs counterclaim-defendants Sarahi Fashion House, Inc., Suzette A. Kelly amending Counterclaim 84 ; JURY DEMAND, filed by defendant counterclaimant Fashion Nova Inc(Gills, Jeanne) (Entered: 09/27/2023) (30) |
| Sep 27, 2023 | 124 | ANSWER to Amended Complaint/Petition, 119 with JURY DEMAND filed by Defendant Fashion Nova Inc.(Gills, Jeanne) (Entered: 09/27/2023) (30) |
| Sep 19, 2023 | 122 | Notice of Withdrawal of Motion for Summary Judgment, 102 filed by defendant Fashion Nova Inc. (Gills, Jeanne) (Entered: 09/19/2023) (2) |
| Sep 15, 2023 | 120 | JOINT REPORT of SCHEDULING filed by Defendant Fashion Nova Inc. (Boehm, Kelsey) (Entered: 09/15/2023) (4) |
| Sep 15, 2023 | 121 | (IN CHAMBERS) CORRECTED TEXT-ONLY ORDER RE DEFENDANT'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. 111 ) by Judge John A. Kronstadt: Based on a review of Defendant's Application for Leave to File Under Seal Certain Documents in Support of Defendant's Motion for Summary Judgment (the "Application" (Dkt. 111 )), a ruling on the Application is deferred. The Application was not supported by a declaration from a percipient witness with personal knowledge of the alleged need to file the documents under seal, rather than from counsel. Within seven days of the issuance of this Order, Plaintiff shall submit an appropriate declaration in support of the Application. Failure to do so may result in the denial of the Application. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 09/15/2023) (0) |
| Sep 13, 2023 | 119 | THIRD AMENDED COMPLAINT against Defendant Fashion Nova Inc amending COMPLAINT - event converted from ICMS 9 , filed by Plaintiff Suzette A. Kelly, Sarahi Fashion House, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Adli, Dariush) (Entered: 09/13/2023) (0) |
| Sep 13, 2023 | 119 | Amended Complaint* (1) |
| Sep 12, 2023 | 118 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Exhibit to Motion 104 , Exhibit to Motion 105 , Exhibit to Motion 106 , Exhibit to Motion 107 , Exhibit to Motion 108 , Exhibit to Motion 109 , Exhibit to Motion 112 by Judge John A. Kronstadt. The documents are STRICKEN. (tj) (Entered: 09/12/2023) (1) |
| Sep 11, 2023 | 117 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Exhibits to Motion 104 , 105 , 106 , 107 , 108 , 109 , 112 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 09/11/2023) (1) |
| Sep 8, 2023 | 116 | DECLARATION of Jeanne Gills in support of APPLICATION to file document in support of Motion for Summary Judgment under seal 111 filed by Defendant Fashion Nova Inc. (Gills, Jeanne) (Entered: 09/08/2023) (3) |
| Sep 7, 2023 | 114 | (IN CHAMBERS) TEXT-ONLY ORDER RE DEFENDANT'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. 111 ) by Judge John A. Kronstadt: Based on a review of Defendant's Application for Leave to File Under Seal Certain Documents in Support of Defendant's Motion for Summary Judgment (the "Application" (Dkt. 111 )), a ruling on the Application is deferred. The Application was not supported by a declaration from a percipient witness with personal knowledge of the alleged need to file the documents under seal. Within seven days of the issuance of this Order, Defendant shall submit an appropriate declaration in support of the Application. Failure to do so may result in the denial of the Application. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY (Entered: 09/07/2023) (0) |
| Sep 7, 2023 | 115 | (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DKT. 96 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED IN PART as to Plaintiffs' request for leave to amend with a trademark-infringement claim and DENIED IN PART as to Plaintiffs' request to add additional defendants. The requests for an award of sanctions are DENIED. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 09/08/2023) (9) |
| Sep 5, 2023 | 113 | DECLARATION of Carol Green von Kaul in support of APPLICATION to file document in support of Motion for Summary Judgment under seal 111 filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly. (Adli, Dariush) (Entered: 09/05/2023) (5) |
| Sep 1, 2023 | 102 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC filed by defendant Fashion Nova Inc. Motion set for hearing on 10/23/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment) (Gills, Jeanne) (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 103 | DECLARATION of Jeanne Gills in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Gills, Jeanne) (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 104 | **STRICKEN** EXHIBIT 6 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 105 | **STRICKEN** EXHIBIT 6 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 106 | **STRICKEN** EXHIBIT 5 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 12)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 107 | **STRICKEN** EXHIBIT 13 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17, # 5 Exhibit 18)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 108 | **STRICKEN** EXHIBIT 19 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23, # 5 Exhibit 24, # 6 Exhibit 25, # 7 Exhibit 27, # 8 Exhibit 28, # 9 Exhibit 29, # 10 Exhibit 30)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 109 | **STRICKEN** EXHIBIT 31 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Exhibit 32, # 2 Exhibit 33, # 3 Exhibit 34)(Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 110 | SEALED DOCUMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 , Declaration (Motion related), 103 , Order on Motion to Appear Pro Hac Vice, 88 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Declaration, # 2 Memorandum In Support of Motion for Summary Judgment, # 3 Statement of Uncontroverted Facts, # 4 Exhibit 1 to Declaration of Jeanne Gills, # 5 Exhibit 26 to Declaration of Jeanne Gills, # 6 Proposed Order)(Gills, Jeanne) (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 111 | APPLICATION to file document in support of Motion for Summary Judgment under seal filed by Defendant Fashion Nova Inc. (Attachments: # 1 Declaration, # 2 Statement of Uncontroverted Facts, # 3 Memorandum, # 4 Exhibit 1 to Declaration of Jeanne Gills, # 5 Exhibit 26 to Declaration of Jeanne Gills)(Gills, Jeanne) (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 112 | **STRICKEN** EXHIBIT 11 to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims against Fashion Nova LLC 102 filed by Defendant Fashion Nova Inc. (Gills, Jeanne) Modified on 9/14/2023 Per Order 118 (iv). (Entered: 09/02/2023) (2) |
| Aug 31, 2023 | 101 | NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence and to Strike Deposition Testimony in Errata Sheet filed by defendant Fashion Nova Inc. Motion set for hearing on 10/25/2023 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: # 1 Joint Stipulation, # 2 Declaration Declaration of Justin M. Sobaje, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Declaration Declaration of Carol von Kaul, # 32 Exhibit A, # 33 Exhibit B, # 34 Exhibit C, # 35 Exhibit D, # 36 Exhibit E, # 37 Exhibit F, # 38 Exhibit G, # 39 Declaration Declaration of Suzette A. Kelly, # 40 Proposed Order)(Gills, Jeanne) (Entered: 08/31/2023) (0) |
| Jul 10, 2023 | 100 | PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DKT. 96 ) held before Judge John A. Kronstadt. The motion hearing is held. Ms. Von Kaul appears via Zoom webinar. Recording or re-broadcasting of the proceedings is strictly prohibited. The Court states its tentative views that it is inclined to grant in part Plaintiffs Motion for Leave to File First Amended Complaint at Dkt. 96. Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. The Court confers with counsel regarding settlement discussions. Counsel state that mediation is currently set for January 2024. IT IS SO ORDERED. Court Reporter: Suzanne McKennon. (yl) Modified on 7/18/2023 (yl). (Entered: 07/18/2023) (1) |
| Jul 7, 2023 | 99 | (IN CHAMBERS) ORDER CHANGING THE TIME FOR PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DKT. 96 ) HEARING by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 10:00 a.m., on July 10, 2023. In person or Zoom appearances are both permitted. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 07/07/2023) (0) |
| Jun 26, 2023 | 98 | REPLY in support of NOTICE OF MOTION AND MOTION to to Amend the Second Amended Complaint 96 filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly. (Attachments: # 1 Declaration of Carol Green von Kaul, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C (Part A) to Declaration, # 5 Exhibit C (Part B) to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration)(Adli, Dariush) (Entered: 06/26/2023) (0) |
| Jun 1, 2023 | 97 | OPPOSITION re: NOTICE OF MOTION AND MOTION to to Amend the Second Amended Complaint 96 filed by Defendant Fashion Nova Inc. (Attachments: # 1 Declaration of Jeanne Gills in Support of Opposition to Motion to Amend Complaint, # 2 Exhibit A - Motion to Amend Email - Gills, # 3 Exhibit B - Motion to Amend Email -Sobaje, # 4 Exhibit C - FN Initial Disclosures, # 5 Exhibit D - Kelly Transcript, # 6 Exhibit E - Duran Transcript, # 7 Exhibit F - FN Second Supp. Accused Product Measurement Disclosure, # 8 Exhibit G - 40000 baby names)(Gills, Jeanne) (Entered: 06/01/2023) (0) |
| May 18, 2023 | 96 | NOTICE OF MOTION AND MOTION to to Amend the Second Amended Complaint filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly. Motion set for hearing on 7/10/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Declaration of Carol Green von Kaul, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C (Part 1) to Declaration, # 5 Exhibit C (Part 2) to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration, # 8 Exhibit F to Declaration, # 9 PROPOSED Third Amended Complaint, # 10 Exhibit A to PROPOSED Third Amended Complaint, # 11 Exhibit B to PROPOSED Third Amended Complaint, # 12 Exhibit C (Part 1) to PROPOSED Third Amended Complaint, # 13 Exhibit C (Part 2) to PROPOSED Third Amended Complaint, # 14 Exhibit D to PROPOSED Third Amended Complaint, # 15 Exhibit E to PROPOSED Third Amended Complaint) (Adli, Dariush) (Entered: 05/18/2023) (0) |
| May 9, 2023 | 95 | Text Only Entry re Order/Referral to ADR (No 1) 93 . This case has been referred to Magistrate Judge Rozella A. Oliver for settlement proceedings. For scheduling, counsel are directed to contact chambers at RAO_Chambers@cacd.uscourts.gov at least six (6) weeks prior to the ADR deadline set by the district judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY (Entered: 05/09/2023) (0) |
| May 5, 2023 | 93 | ORDER/REFERRAL to ADR Procedure No 1 by Judge John A. Kronstadt. Case ordered to Magistrate Judge Rozella A. Oliver for Settlement Conference. ADR Proceeding to be held no later than January 12, 2024. Post Mediation Status Conference set for February 5, 2024, at 11:30 AM before Judge John A. Kronstadt. (tj) (Entered: 05/05/2023) (1) |
| May 5, 2023 | 94 | (IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. 91) by Judge John A. Kronstadt. Based on a review of the parties April 25, 2023 Joint Report, the following deadlines are set in this matter: Expert Discovery Cut-Off is August 4, 2023. The last day to file all motions is 9/1/2023. The last day to participate in a settlement is 1/12/2024. The Post Mediation Status Conference is set for 2/5/2024 at 11:30 a.m. The Court directs the parties to participate in a settlement conference with Magistrate Judge Oliver. (See document for further details) (yl) Modified on 5/9/2023 (yl). (Entered: 05/08/2023) (2) |
| May 3, 2023 | 92 | ANSWER to Counterclaim 84 filed by counter defendants Sarahi Fashion House, Inc., Suzette A. Kelly.(Adli, Dariush) (Entered: 05/03/2023) (30) |
| Apr 25, 2023 | 91 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly.. (Attachments: # 1 Exhibit A)(Adli, Dariush) (Entered: 04/25/2023) (0) |
| Apr 17, 2023 | 90 | NOTICE of Change of Lead Counsel changing lead counsel from Justin Mark Sobaje to Jeanne M. Gills. filed by Defendant Fashion Nova Inc, (Gills, Jeanne) (Entered: 04/17/2023) (2) |
| Apr 12, 2023 | 82 | Notice of Withdrawal of Motion to Amend/Correct,, 62 filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly. (Adli, Dariush) (Entered: 04/12/2023) (2) |
| Apr 12, 2023 | 83 | ANSWER to COMPLAINT - event converted from ICMS 9 JURY DEMAND. filed by Defendant Fashion Nova Inc.(Sobaje, Justin) (Entered: 04/12/2023) (30) |
| Apr 12, 2023 | 84 | COUNTERCLAIM against Counter Defendants Sarahi Fashion House, Inc., Suzette A. Kelly; Jury Demanded, filed by Defendant Fashion Nova Inc.(Sobaje, Justin) (Entered: 04/12/2023) (30) |
| Apr 12, 2023 | 85 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Fashion Nova Inc identifying Fashion Nova Holdings, LLC as Corporate Parent. (Sobaje, Justin) (Entered: 04/12/2023) (2) |
| Apr 12, 2023 | 89 | RESPONSE filed by Pro Hac Vice attorney Laura Ganoza on behalf of Counter Claimant Fashion Nova Inc, Defendant Fashion Nova Inc. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) (Entered: 04/12/2023) (1) |
| Apr 11, 2023 | 80 | STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 04/11/2023) (30) |
| Apr 11, 2023 | 81 | (IN CHAMBERS) TEXT-ONLY ORDER DIRECTING PARTIES TO FILE JOINT REPORT RE SCHEDULING by Judge John A. Kronstadt: In view of the recent transfer of this case to the Central District of California, the parties are directed to file a joint report concerning the status of this case. The joint report shall address whether the schedule previously set in this case should remain in place, with adjustments made to conform to this Courts procedures. Because claim construction proceedings are not typically conducted in design patent cases, the joint report shall also address whether any unique circumstances apply in this case warranting separate claim construction proceedings rather than considering any such issues as part of the summary judgment process. Before meeting and conferring to discuss the joint report, the parties shall familiarize themselves with the Standing Order and Schedule A. Within 14 days of the issuance of this order, the parties shall file their joint report and completed Schedule A reflecting the proposed schedule in conformance with the Standing Order. After reviewing the joint report, a determination will be made whether to set a scheduling conference or issue a revised Scheduling Order without a hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 04/11/2023) (0) |
| Apr 11, 2023 | 86 | ORDER by Judge John A. Kronstadt: granting 77 Non-Resident Attorney Boehm, Kelsey C APPLICATION to Appear Pro Hac Vice on behalf of Defendant Fashion Nova, Inc., designating Sobaje, Justin M. as local counsel. (yl) (Entered: 04/12/2023) (1) |
| Apr 11, 2023 | 87 | ORDER by Judge John A. Kronstadt: granting 78 Non-Resident Attorney Gills, Jeanne M. APPLICATION to Appear Pro Hac Vice on behalf of Fashion Nova, Inc., designating Sobaje, Justin M. as local counsel. (yl) (Entered: 04/12/2023) (1) |
| Apr 11, 2023 | 88 | ORDER by Judge John A. Kronstadt granting 79 Non-Resident Attorney Von Kaul, Carol N.G. APPLICATION to Appear Pro Hac Vice on behalf of Suzette A. Kelly and Sarahi Fashion House, Inc., designating Adli, Dariush G. as local counsel. (yl) (Entered: 04/12/2023) (1) |
| Apr 10, 2023 | 77 | APPLICATION of Non-Resident Attorney Kelsey C. Boehm to Appear Pro Hac Vice on behalf of Defendant Fashion Nova Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35110208) filed by Defendant Fashion Nova Inc. (Attachments: # 1 Proposed Order) (Sobaje, Justin) (Entered: 04/10/2023) (0) |
| Apr 10, 2023 | 78 | APPLICATION of Non-Resident Attorney Jeanne M. Gills to Appear Pro Hac Vice on behalf of Defendant Fashion Nova Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35111214) filed by Defendant Fashion Nova Inc. (Attachments: # 1 Proposed Order) (Sobaje, Justin) (Entered: 04/10/2023) (0) |
| Apr 10, 2023 | 79 | APPLICATION of Non-Resident Attorney Carol Green von Kaul to Appear Pro Hac Vice on behalf of Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35112617) filed by Plaintiffs Sarahi Fashion House, Inc., Suzette A. Kelly. (Attachments: # 1 Proposed Order) (Attorney Dariush G Adli added to party Sarahi Fashion House, Inc.(pty:pla), Attorney Dariush G Adli added to party Suzette A. Kelly(pty:pla)) (Adli, Dariush) (Entered: 04/10/2023) (0) |
| Apr 7, 2023 | 76 | NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Stephen V. Wilson. Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Stephen V. Wilson to Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver for all further proceedings. Case number now reads 2:23-cv-02360 JAK(RAOx). (rn) (Entered: 04/07/2023) (1) |
| Apr 5, 2023 | 67 | ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Southern (Entered: 04/05/2023) (0) |
| Apr 5, 2023 | 68 | NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 0:21-cv-61937-RS, from Southern District of Florida. The above-referenced case has been transferred to this district and assigned the above civil case number 2:23-cv-2360 SVW (AGRx). (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 69 | NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Alicia G. Rosenberg. (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 70 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 04/05/2023) (2) |
| Apr 5, 2023 | 71 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 72 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Carol Green von Kaul on behalf on Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 73 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeanne M. Gills on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 74 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kelsey C Boehm on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) (Entered: 04/05/2023) (1) |
| Apr 5, 2023 | 75 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Laura Ganoza on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) (Entered: 04/05/2023) (1) |
| Mar 30, 2023 | N/A | SYSTEM ENTRY - Case 0:21-cv-61937 electronically transferred out to California Central. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/30/2023) (0) |
| Mar 30, 2023 | 66 | TRANSCRIPT of DISCOVERY HEARING held on 03/10/2023 before Magistrate Judge Lisette M. Reid, 1-56 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/28/2023. (jes) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/30/2023) (0) |
| Mar 29, 2023 | 64 | ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE AND IN THE ALTERNATIVE, TO TRANSFER VENUE, denying 21 Motion to Dismiss. Signed by Judge Rodney Smith on 3/29/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/30/2023) (4) |
| Mar 29, 2023 | N/A | Civil Case Terminated. Closing Case. Per d.e. 64 Order. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/30/2023) (0) |
| Mar 29, 2023 | 65 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Order) (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/30/2023) (0) |
| Mar 28, 2023 | 63 | Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 62 Plaintiff's MOTION to Amend/Correct Second Amended Complaint Fashion Nova LLC's Unopposed Motion for Extension of Time to File Its Response in Opposition to Plaintiffs' Motion for Leave to Amend by Fashion Nova, Inc.. (Attachments: # 1 Text of Proposed Order Ex. A - Proposed Order on Fashion Nova LLC's Unopposed Motion for Extension of Time to File Its Response in Opposition to Plaintiffs' Motion for Leave to Amend)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/28/2023) (0) |
| Mar 16, 2023 | 62 | Plaintiff's MOTION to Amend/Correct Second Amended Complaint by Sarahi Fashion House, Inc., Suzette A. Kelly. Responses due by 3/30/2023 (Attachments: # 1 Memorandum Plaintiffs' Opposed Motion for Leave, # 2 Exhibit A- Proposed 3rd Amended Complaint, # 3 Exhibit B - Declaration of Carol von Kaul, Esq., # 4 Exhibit C - Plaintiff's First Amended Complaint, # 5 Exhibit D- Composite Trademark Documents, # 6 Exhibit E- Copyright Certificate)(von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/16/2023) (0) |
| Mar 10, 2023 | 61 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lisette M. Reid: Discovery Hearing held on 3/10/2023. Order to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Carol Green von Kaul, Jeanne M. Gills, (Digital REID 01 03/10/23 Zoom) (br) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/10/2023) (0) |
| Mar 9, 2023 | 60 | PAPERLESS NOTICE of Hearing: Discovery Hearing set for March 10, 2023 at 03:30 PM before Magistrate Judge Lisette M. Reid via Zoom. The Zoom login information will be emailed to counsel. The Court will address Plaintiff's request to to compel further responses to interrogatory 2. (ama) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/09/2023) (0) |
| Mar 7, 2023 | 59 | ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, granting 58 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Justin M. Sobaje. Signed by Magistrate Judge Lisette M. Reid on 3/7/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/07/2023) (2) |
| Mar 6, 2023 | 58 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin M. Sobaje. Filing Fee $ 200.00 Receipt # AFLSDC-16399695 by Fashion Nova, Inc.. Responses due by 3/20/2023 (Attachments: # 1 Certification of Justin M. Sobaje, # 2 Text of Proposed Order Granting Motion to Appear - Justin M. Sobaje)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/06/2023) (0) |
| Feb 22, 2023 | 56 | MEDIATION REPORT by Leslie J. Lott, Esq.. Disposition: Case did not settle.(Lott, Leslie) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/22/2023) (4) |
| Feb 22, 2023 | 57 | ORDER CONTINUING CLAIM-CONSTRUCTION (MARKMAN) HEARING. Markman Hearing set for 4/6/2023 at 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Signed by Judge Rodney Smith on 2/22/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/23/2023) (1) |
| Feb 14, 2023 | 54 | Statement of: Plaintiffs' Claim Construction Response Brief by Sarahi Fashion House, Inc., Suzette A. Kelly (Attachments: # 1 Exhibit A - Rebuttal Declaration of Alozie Etufugh, Esq.)(von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/14/2023) (0) |
| Feb 14, 2023 | 55 | Statement of: DEFENDANT FASHION NOVA, LLCS CLAIM CONSTRUCTION RESPONSE BRIEF by Fashion Nova, Inc. re 49 Statement, (Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/14/2023) (16) |
| Feb 13, 2023 | 53 | TRANSCRIPT of DISCOVERY HEARING held on 12/20/2022 before Magistrate Judge Lisette M. Reid, 1-26 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2023. Redacted Transcript Deadline set for 3/16/2023. Release of Transcript Restriction set for 5/15/2023. (jes) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/13/2023) (0) |
| Feb 7, 2023 | 51 | Witness List by Sarahi Fashion House, Inc., Suzette A. Kelly.. (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/07/2023) (5) |
| Feb 7, 2023 | 52 | Witness List by Fashion Nova, Inc... (Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/07/2023) (6) |
| Jan 31, 2023 | 49 | Statement of: PLAINTIFFS CLAIM CONSTRUCTION OPENING BRIEF by Sarahi Fashion House, Inc., Suzette A. Kelly (Attachments: # 1 Exhibit U.S. Design Pat. No. US D674,991, # 2 Exhibit U.S. Design Pat. No. D686,800, # 3 Exhibit Notices of Allowance, # 4 Exhibit Office Action)(von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 50 | Statement of: Defendants Claim Construction Brief by Fashion Nova, Inc. (Attachments: # 1 Affidavit Gills Declaration ISO Claim Construction Brief, # 2 Exhibit 1 - U.S. Patent No. D674,991, # 3 Exhibit 2 - U.S. Patent No. D686,800, # 4 Exhibit 3 - Copy of webpage, # 5 Exhibit 4 - Transcript of YouTube video, # 6 Exhibit 5 - Screenshots of YouTube video, # 7 Exhibit 6 - U.S. Patent No. 6,543,062, # 8 Exhibit 7 - Excerpt from The World Has Curves, # 9 Exhibit 8 - Copy of webpage, # 10 Exhibit 9 - Copy of webpage, # 11 Exhibit 10 - Portion of webpage, # 12 Exhibit 11 - Copy of webpage, # 13 Exhibit 12 - Copy of webpage, # 14 Exhibit 13 - Office Action, # 15 Exhibit 14 - Response to Office Action, # 16 Exhibit 15 - Portions of the 800 patent File History, # 17 Exhibit 16 - Portions of the 991 patent File History, # 18 Exhibit 17 - Copy of webpage, # 19 Exhibit 18 - Copy of webpage, # 20 Exhibit 19 - Copy of webpage)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/31/2023) (0) |
| Jan 17, 2023 | 47 | NOTICE by Fashion Nova, Inc. Defendant Fashion Nova LLC's Notice of Rebuttal Claim Construction Expert Disclosure (Attachments: # 1 Exhibit 1 - Rebuttal Declaration of Expert Trista Grieder in Support of Def's Claim Contruction Brief.pdf) (Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 48 | NOTICE by Sarahi Fashion House, Inc., Suzette A. Kelly of Rebuttal Claim Construction Expert Disclosure (Attachments: # 1 Exhibit A - Rebuttal Declaration of A. Davidson) (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/17/2023) (0) |
| Jan 13, 2023 | 46 | ORDER GRANTING JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER:DENYING AS MOOT 40 Motion for Protective Order; GRANTING 44 Motion for Protective Order. Signed by Magistrate Judge Lisette M. Reid on 1/12/2023. See attached document for full details. (mab) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/13/2023) (22) |
| Jan 10, 2023 | 44 | Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order by Fashion Nova, Inc.. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order Governing Confidential Materials.pdf, # 2 Exhibit 2 - Stipulated Protective Order Governing Confidential Materials.pdf)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/10/2023) (0) |
| Jan 10, 2023 | 45 | Statement of: Joint Claim Construction and Prehearing by Sarahi Fashion House, Inc., Suzette A. Kelly (Attachments: # 1 Exhibit Declaration of Asanyah Davidson, # 2 Exhibit FN Intrinsic and Extrinsic Evidence, # 3 Exhibit Declaration of Expert Grieder)(von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/10/2023) (0) |
| Jan 9, 2023 | 43 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lisette M. Reid: Motion Hearing held on 1/9/2023 re 40 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order filed by Fashion Nova, Inc.; order to follow. Total time in court: 15 minutes. Attorney Appearance(s): Carol Green von Kaul, Jeanne M. Gills, Kelsey C. Boehm, (Digital 14:02:24) (br) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/09/2023) (0) |
| Jan 5, 2023 | 42 | PAPERLESS NOTICE of Hearing: The Motion Hearing 41 set for 1/6/2023 02:00 PM re 40 Joint MOTION for Protective Order is reset for 1/9/2023 at 02:00 PM before Magistrate Judge Lisette M. Reid via video-conference. The Zoom login information is the following: Meeting ID: 161 765 4308; Passcode: 606226. (ama) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/05/2023) (0) |
| Jan 3, 2023 | 41 | PAPERLESS NOTICE of Hearing: re 40 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order Motion Hearing set for 1/6/2023 02:00 PM before Magistrate Judge Lisette M. Reid via Zoom. The Zoom information will be emailed to counsel at a later date. (ama) [Transferred from Florida Southern on 4/5/2023.] (Entered: 01/03/2023) (0) |
| Dec 30, 2022 | 40 | Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order by Fashion Nova, Inc.. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order Governing Confidential Materials)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 12/30/2022) (0) |
| Dec 20, 2022 | 38 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lisette M. Reid: Discovery Hearing held on 12/20/2022. Order to follow. Total time in court: 41 minutes. Attorney Appearance(s): Carol Green von Kaul -Counsel for the Plaintiff; Laura Ganoza and Kelsey C. Boehm -Counsel for the Defendant. (Digital L.M.R. zoom 11:00:44) (kan) [Transferred from Florida Southern on 4/5/2023.] (Entered: 12/20/2022) (0) |
| Dec 20, 2022 | 39 | PAPERLESS ORDER following discovery hearing 37 and denying Defendant's request to stay or extend discovery deadline pending resolution of Defendant's Motion to Dismiss 21 . Motions to stay discovery "are not favored because when discovery is delayed or prolonged it can create case management problems which impede the Court's responsibility to expedite discovery and cause unnecessary litigation expenses and problems." Cuhaci v. Kouri Grp., LP, 2021 WL 1945819, at *2 (S.D. Fla. May 14, 2021) (cleaned up). "[D]iscovery stay motions are generally denied except where a specific showing of prejudice or burdensomeness is made." Montoya v. PNC Bank, N.A., 2014 WL 2807617, at *2 (S.D. Fla. June 20, 2014). The party moving for a stay of discovery "bears the burden of showing good cause and reasonableness." Feldman v. Flood, 176 F.R.D. 651, 652 (M.D. Fla. 1997). Similarly, the Court's scheduling orders may be modified "only for good cause." Fed. R. Civ. P. 16(b)(4). Here, Defendant has failed to establish that staying discovery is warranted. Defendants sole justification for requesting a stay is that its pending motion to dismiss might eliminate the need for discovery. But that could be said about nearly all motions to dismiss -- and so, Defendant has done nothing to establish a "specific showing of prejudice or burdensomeness." Defendant has not, for example, pointed to extraordinary costs or to a particularly dubious complaint. In fact, taking "a preliminary peek" at the merits of the motion to dismiss, the motion is not "clearly" meritorious. Feldman, 176 F.R.D. at 65253. For these reasons, Defendant has not established that a stay would be reasonable or that there is good cause for the request in this case. The parties have agreed to meet and confer regarding pending discovery. Signed by Magistrate Judge Lisette M. Reid on 12/20/2022. (ama) [Transferred from Florida Southern on 4/5/2023.] (Entered: 12/20/2022) (0) |
| Dec 12, 2022 | 37 | PAPERLESS NOTICE of Hearing: Discovery Hearing set for 12/20/2022 11:00 AM before Magistrate Judge Lisette M. Reid via Zoom. The Zoom information will be emailed to counsel at a later date. (ama) [Transferred from Florida Southern on 4/5/2023.] (Entered: 12/12/2022) (0) |
| Oct 3, 2022 | 36 | Amended NOTICE of Mediator Selection and Hearing. Selected/Added Carol Green von Kaul, P.A., Leslie J. Lott as Mediator. Mediation Hearing set for 02/17/2023 at 11:30 a.m.. (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 10/03/2022) (2) |
| Sep 28, 2022 | 35 | NOTICE by Sarahi Fashion House, Inc., Suzette A. Kelly and Fashion Nova, LLC (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/28/2022) (2) |
| Sep 22, 2022 | 34 | STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID- Signed by Magistrate Judge Lisette M. Reid on 9/22/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/22/2022) (1) |
| Sep 14, 2022 | 33 | ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE: Jury Trial set for 12/11/2023 before Judge Rodney Smith. Calendar Call set for 12/5/2023 9:00 AM before Judge Rodney Smith. Amended Pleadings due by 10/11/2022. Expert Discovery due by 6/16/2023. Fact Discovery due by 3/17/2023. Joinder of Parties due by 10/11/2022. Mediation Deadline 2/28/2023. In Limine Motions due by 11/14/2023. Dispositive Motions due by 6/30/2023. Pretrial Stipulation due by 11/14/2023. ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Rodney Smith on 9/14/2022. See attached document for full details. (mab) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2022) (4) |
| Sep 14, 2022 | N/A | Set Pretrial Motions Deadline per order at DE 33 . Motions due by 11/14/2022. (mab) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/15/2022) (0) |
| Sep 14, 2022 | N/A | Reset Pretrial Motions Deadline per order at DE 33 . Motions due by 11/14/2023. (mab) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/15/2022) (0) |
| Aug 22, 2022 | 32 | Defendant's REPLY to Response to Motion re 21 MOTION to Dismiss 9 Amended Complaint/Amended Notice of Removal Fashion Nova, LLC's Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue and Supporting Memorandum of Law filed by Fashion Nova, Inc.. (Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/22/2022) (13) |
| Aug 18, 2022 | 30 | Joint SCHEDULING REPORT - Rule 16.1 by Sarahi Fashion House, Inc., Suzette A. Kelly (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/18/2022) (4) |
| Aug 18, 2022 | 31 | Joint Election to Jurisdiction for Final Disposition of Motions . Filed by Sarahi Fashion House, Inc., Suzette A. Kelly (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/18/2022) (2) |
| Aug 14, 2022 | 29 | RESPONSE in Opposition re 21 MOTION to Dismiss 9 Amended Complaint/Amended Notice of Removal Fashion Nova, LLC's Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue and Supporting Memorandum of Law filed by Sarahi Fashion House, Inc., Suzette A. Kelly. Replies due by 8/22/2022. (Attachments: # 1 Exhibit Declaration of S. Kelly)(von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/14/2022) (0) |
| Aug 8, 2022 | 27 | PAPERLESS ORDER granting 24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeanne M. Gills. Signed by Judge Rodney Smith on 8/8/2022. (tcl) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/08/2022) (0) |
| Aug 8, 2022 | 28 | PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kelsey C. Boehm. Signed by Judge Rodney Smith on 8/8/2022. (tcl) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/08/2022) (0) |
| Aug 7, 2022 | 26 | Plaintiff's Corporate Disclosure Statement by Sarahi Fashion House, Inc. (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/07/2022) (1) |
| Aug 5, 2022 | 24 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeanne M. Gills. Filing Fee $ 200.00 Receipt # AFLSDC-15849878 by Fashion Nova, Inc.. Responses due by 8/19/2022 (Attachments: # 1 Certification of Jeanne M. Gills, # 2 Text of Proposed Order Granting Motion to Appear - Jeanne M. Gills)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/05/2022) (0) |
| Aug 5, 2022 | 25 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kelsey C. Boehm. Filing Fee $ 200.00 Receipt # AFLSDC-15849930 by Fashion Nova, Inc.. Responses due by 8/19/2022 (Attachments: # 1 Certification of Kelsey C. Boehm, # 2 Text of Proposed Order Granting Motion to Appear - Kelsey C. Boehm)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/05/2022) (0) |
| Aug 4, 2022 | 21 | MOTION to Dismiss 9 Amended Complaint/Amended Notice of Removal Fashion Nova, LLC's Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue and Supporting Memorandum of Law by Fashion Nova, Inc.. Attorney Laura Ganoza added to party Fashion Nova, Inc.(pty:dft). Responses due by 8/18/2022 (Attachments: # 1 Affidavit Ex. A - Declaration of Sheri Duran in Support of Fashion Nova, LLC's Motion to Dismiss or Transfer)(Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/04/2022) (0) |
| Aug 4, 2022 | 22 | Corporate Disclosure Statement by Fashion Nova, Inc. identifying Corporate Parent Fashion Nova Holdings, LLC for Fashion Nova, Inc. (Ganoza, Laura) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/04/2022) (3) |
| Aug 4, 2022 | 23 | ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report,Certificates of Interested Parties and Corporate Disclosure Statements due by 8/18/2022. Signed by Judge Rodney Smith on 8/4/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 08/05/2022) (7) |
| Jul 19, 2022 | 20 | SUMMONS (Affidavit) Returned Executed on 9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Suzette A. Kelly. Fashion Nova, Inc. served on 7/14/2022, response/answer due 8/4/2022. (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 07/19/2022) (2) |
| Jul 11, 2022 | 19 | SUMMONS (Affidavit) Returned Executed by Suzette A. Kelly. Fashion Nova, Inc. served on 7/1/2022. (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 07/11/2022) (2) |
| Jun 23, 2022 | 16 | NOTICE of Attorney Appearance by Carol Green von Kaul on behalf of Suzette A. Kelly. Attorney Carol Green von Kaul added to party Suzette A. Kelly(pty:pla). (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/23/2022) (2) |
| Jun 23, 2022 | 17 | NOTICE of Filing Proposed Summons(es) by Suzette A. Kelly re 9 Amended Complaint/Amended Notice of Removal filed by Suzette A. Kelly (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/23/2022) (2) |
| Jun 23, 2022 | 18 | Summons Issued as to Fashion Nova, Inc. (scn) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/23/2022) (1) |
| Jun 16, 2022 | 15 | ORDER DENYING MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM, denying 8 Motion for Referral to Volunteer Attorney Program. Signed by Judge Rodney Smith on 6/16/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/17/2022) (1) |
| Jun 15, 2022 | 13 | Clerks Notice of Receipt of Filing Fee received on 6/15/2022 in the amount of $ 402.00, receipt number FLS252215. (vt) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/15/2022) (1) |
| Jun 15, 2022 | 14 | PAPERLESS ORDER granting 7 Motion for Extension of Time to Serve Defendant. Plaintiff shall serve Defendant by July 31, 2022. Signed by Judge Rodney Smith on 6/15/2022. (tcl) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/15/2022) (0) |
| Jun 13, 2022 | 12 | ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS,denying 4 Motion for Leave to Proceed in forma pauperis. On or before June 25,2022, the petitioner shall pay the Clerks filing fee of $ 402.00. Filing Fee due by 6/25/2022. Signed by Judge Rodney Smith on 6/13/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/14/2022) (2) |
| Jun 10, 2022 | 10 | PAPERLESS ORDER denying as moot 5 Motion for Referral to Volunteer Attorney Program. Signed by Judge Rodney Smith on 6/10/2022. (tcl) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/10/2022) (0) |
| Jun 10, 2022 | 11 | INSTRUCTIONS TO PRO SE LITIGANT. Pro se litigants shall comply with all Federal Rules of Civil Procedure and Local Rules for the Southern District of Florida. Signed by Judge Rodney Smith on 6/10/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/13/2022) (2) |
| Jun 9, 2022 | 8 | MOTION for Referral to Volunteer Attorney Program by Suzette A. Kelly. (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/10/2022) (2) |
| Jun 9, 2022 | 9 | SECOND AMENDED COMPLAINT against Fashion Nova, Inc., filed by Suzette A. Kelly.(mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 06/10/2022) (30) |
| Mar 14, 2022 | 7 | MOTION for Extension of Time Motion to Serve Defendant by Suzette A. Kelly. Responses due by 3/28/2022 (mee) [Transferred from Florida Southern on 4/5/2023.] (Entered: 03/15/2022) (2) |
| Feb 28, 2022 | 6 | NOTICE by Carol Green von Kaul, P.A. of Attorney's Charging Lien. Attorney Carol Green von Kaul added to party Carol Green von Kaul, P.A.(pty:cr). (von Kaul, Carol) [Transferred from Florida Southern on 4/5/2023.] (Entered: 02/28/2022) (3) |
| Sep 13, 2021 | 1 | COMPLAINT against Fashion Nova, Inc.. Filing fees $ 402.00 Not Paid, IFP Filed, filed by Suzette A. Kelly. (Attachments: # 1 Civil Cover Sheet)(ebz) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2021) (0) |
| Sep 13, 2021 | 2 | Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2021) (0) |
| Sep 13, 2021 | 3 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (ebz) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2021) (0) |
| Sep 13, 2021 | 4 | MOTION for Leave to Proceed in forma pauperis by Suzette A. Kelly. (ebz) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2021) (2) |
| Sep 13, 2021 | 5 | MOTION for Referral to Volunteer Attorney Program by Suzette A. Kelly. (ebz) [Transferred from Florida Southern on 4/5/2023.] (Entered: 09/14/2021) (1) |
