Case details

Court: kywd
Docket #: 3:03-cv-00214
Case Name: Bandana Co v. Kirkland Stores Inc, et al
PACER case #: 11240
Date filed: 2003-04-08
Date terminated: 2004-08-16
Assigned to: Judge Jennifer B. Coffman
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-04-08 1 0 COMPLAINT filed; summonses issued; filing fee pd - receipt # 107223 (SDB) (Entered: 04/10/2003)
2003-04-08 2 0 MOTION by plaintiff Bandana Co for temporary restraining order ; memorandum in support; orders tendered (SDB) (Entered: 04/10/2003)
2003-04-08 3 0 AFFIDAVIT of Richard Kolb (SDB) (Entered: 04/10/2003)
2003-04-16 4 0 ORDER by Senior Judge Edward H. Johnstone Case referred to Judge John G. Heyburn for reassignment (cc: all counsel) [Entry Date: 4/16/03] (TLB) (Entered: 04/16/2003)
2003-04-17 5 0 ORDER by Chief Judge John G. Heyburn II Case reassigned to Judge Jennifer B. Coffman (cc: all counsel) [Entry Date: 4/17/03] (PAC) (Entered: 04/17/2003)
2003-05-05 6 0 COUNTERCLAIM by defendant Kirkland Stores Inc against plaintiff Bandana Co (per DN 12, plaintiff has to 5/30/03 to file its response) (SDB) Modified on 06/10/2003 (Entered: 06/02/2003)
2003-05-05 7 0 MOTION by defendant Kirkland Stores Inc for attorney Tony D. Chen to appear pro hac vice, receipt #321307 ; affidavit in support; order tendered (SDB) (Entered: 05/05/2003)
2003-05-05 8 0 MOTION by defendant Kirkland Stores Inc for attorney Thomas I. Rozsa to appear pro hac vice, receipt #321307 ; affidavit in support; order tendered (SDB) (Entered: 05/05/2003)
2003-05-20 9 0 ORDER by Judge Jennifer B. Coffman granting motion for attorney Tony D. Chen to appear pro hac vice, receipt #321307 [7-1] (cc: all counsel) [Entry Date: 5/20/03] (PAC) (Entered: 05/20/2003)
2003-05-20 10 0 ORDER by Judge Jennifer B. Coffman granting motion for attorney Thomas I. Rozsa to appear pro hac vice, receipt #321307 [8-1] (cc: all counsel) [Entry Date: 5/20/03] (PAC) (Entered: 05/20/2003)
2003-05-30 11 0 ANSWER TO COUNTERCLAIM [6-1] by counter-defendant Bandana Co (SDB) (Entered: 06/02/2003)
2003-06-10 12 0 AGREED ORDER by Judge Jennifer B. Coffman; pla has to 5/30/03 to file answer to defendant's verified counterclaim (cc: all counsel) [Entry Date: 6/10/03] (SDB) Modified on 06/10/2003 (Entered: 06/10/2003)
2003-06-13 13 0 SCHEDULING ORDER by Judge Jennifer B. Coffman ; Discovery ddl set for 8/11/03; by 8/31/03 pla. shall file any motion to consolidate; if no motion to consolidate is filed parties shall file ; status rpt ddl set for 9/15/03 (cc: all counsel) [Entry Date: 6/13/03] (ARK) (Entered: 06/13/2003)
2003-06-30 14 0 AGREED ORDER by Judge Jennifer B. Coffman; defendant Kirkland's Stores Inc, pending a full hrg on a prelinary injunction to be scheduled by this Ct, will cease and desist from copying, manufacturing, reproducing, importing, publishing, advertising, displaying, distributing, transmitting, selling or otherwise placing in the market metal sculptures (as set forth) and remove said metal sculptures from it sales floors from the date of entry of this Agreed Order until the issuance by the Ct of its ruling following a full hrg on a motion for prelinary injunction (cc: all counsel) [Entry Date: 6/30/03] (SDB) (Entered: 06/30/2003)
2003-07-09 15 0 MOTION by plaintiff Bandana Co for leave to file first amended complaint ; memorandum in support; order tendered; first amended complaint attached (SDB) (Entered: 07/10/2003)
2003-08-01 16 0 ORDER by Judge Jennifer B. Coffman granting motion for leave to file first amended complaint [15-1] (cc: all counsel) [Entry Date: 8/1/03] (ARK) (Entered: 08/01/2003)
2003-08-04 17 0 AMENDED COMPLAINT against Three Hands Corporation filed by Bandana Co.,Inc. (ARK) (Entered: 08/04/2003)
2003-08-19 18 0 Tendered Agreed Order by Bandana Co., Inc. and Kirkland's Stores, Inc., et al. (SJS) (Entered: 08/19/2003)
2003-08-21 19 0 AGREED ORDER by Judge Jennifer B. Coffman on 8/20/03; re 17 Amended Complaint; defendants Kirkland's Stores, Inc. and Three Hands Corp. will have up to and including 9/3/03 to file their answer to amended complaint; answers due by 9/3/2003.(SDB) (Entered: 08/21/2003)
2003-09-02 20 0 VERIFIED ANSWER to First Amended Complaint by Kirkland's Stores, Inc., Three Hands Corporation; jury trial demand.(SDB) (Entered: 09/04/2003)
2003-09-02 21 0 VERIFIED FIRST AMENDED COUNTERCLAIM against Bandana Co., Inc. filed by Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Exhibits 1-7; # 2 Exhibits 8-11; # 3 Exhibits 12-14; # 4 Exhibits 15-16; # 5 Exhibits 17-20; # 6 Exhibits 21-24; # 7 Exhibits 25-28; # 8 Exhibits 29-36)(SDB) (Entered: 09/05/2003)
2003-09-05 22 0 ORDER(EBOC) by Judge Jennifer B. Coffman on 9/5/2003; Report for Meeting & Report due 10/15/03. cc: Counsel(ARK) (Entered: 09/05/2003)
2003-09-16 23 0 JOINT STATUS REPORT by Bandana Co., Inc. ; Kirkland's Stores, Inc., John Does. (SJS) (Entered: 09/17/2003)
2003-09-17 24 0 NOTICE of Deficiency re 23 Status Report: failure to comply will be brought to the attention of the Court. Response due by 9/22/2003. (SJS) (Entered: 09/17/2003)
2003-09-19 25 0 JOINT STATUS REPORT by Bandana Co., Inc. ; Kirkland's Stores, Inc. ; Three Hands Corporation. (SJS) (Entered: 09/19/2003)
2003-09-23 26 0 ANSWER to Verified First Amended Counterclaim and Jury Demand of Defendants and Counterclaims Kirkland's Stores, Inc. and Three Hands Corporation. by Bandana Co., Inc.. (Attachments: # 1 Answer to Verified Counterclaim of Defendant)(SJS) (Entered: 09/24/2003)
2003-10-15 27 0 REPORT of Rule 26(f) Planning Meeting by Bandana Co., Inc. ; Kirkland's Stores, Inc. ; Three Hands Corporation. (SDB) (Entered: 10/16/2003)
2003-10-27 28 0 MOTION to vacate, or in the alternative, amend 14 Agreed Order by Kirkland's Stores, Inc. ; Three Hands Corporation. Responses due by 11/14/2003. (Attachments: # 1 Memorandum of Points and Authorities in Support; # 2 Declaration of Rex Yoakley in Support; # 3 Declaration of Ramone Munoz in Support; # 4 Continuation of Declaration of Ramone Munoz in Support; # 5 Exhibits 1-10; # 6 Exhibits 11-30; # 7 Declaration of Thomas I. Rozsa in Support with Exhibits 1-4; # 8 Proposed Order; # 9 Proposed Alternative Order) (filed in separate expandable folder)(SDB) (Entered: 10/28/2003)
2003-11-06 29 0 ORDER by Jennifer B. Coffman on 11/4/03; pla does not agree to a stay of proceedings; pla agrees that any settlement reached will encompass products distributed by defendants to Kirkland's and will operate in favor of both Kirkland's and the defendants herein; pla further covenants that it shall not pursue any additional remedy at law or in equity against Kirkland's arising out of products manufactured, sold or distributed by defendants pending settlement negotiations.(SDB) (Entered: 11/06/2003)
2003-11-07 30 0 MOTION for Extension of Time to File Response 14 Motion to vacate by Bandana Co., Inc. Responses due by 11/17/2003 (Attachments: # 1 Proposed Order)(MLG) (Entered: 11/07/2003)
2003-11-14 31 0 JOINT MOTION to resolve discovery dispute by Bandana Co., Inc. ; Kirkland's Stores, Inc. ; Three Hands Corporation. Responses due by 12/2/2003 (Attachments: # 1 Memorandum in Support by Plaintiff; # 2 Exhibit (Case Law) to Plaintiff's Memorandum in Support, Defendants' Memorandum in Support, Exhibit (Case Law) to Defendants' Memorandum in Support; # 3 Proposed Order; # 4 Proposed Order; # 5 Proposed Order)(SDB) (Entered: 11/14/2003)
2003-11-25 32 0 RESPONSE to Motion re 30 MOTION for Extension of Time to File Response as to MOTION to Vacate 14 Order, by Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Proposed Order)(SJS) (Entered: 11/25/2003)
2003-12-02 33 0 AMENDED AND SUPPLEMENTAL DOCUMENT by Bandana Co., Inc. Amendment to 30 MOTION for Extension of Time to File Response as to 28 MOTION to Amend/Correct 14 Order by Bandana Co., Inc. (Attachments: # 1 Memorandum in Support; # 2 Exhibit 1; # 3 Proposed Order)(SDB) (Entered: 12/03/2003)
2003-12-08 34 0 MOTION for Leave to file second amended complaint by Bandana Co., Inc. Responses due by 12/26/2003 (Attachments: # 1 Memorandum in Support; # 2 Proposed Order; # 3 Proposed Second Amended Complaint)(SDB) (Entered: 12/08/2003)
2003-12-30 35 0 ORDER by Jennifer B. Coffman on 12/23/2003; granting 31 Motion for Ruling (MLG) (Entered: 12/30/2003)
2004-01-05 36 0 ORDER by Jennifer B. Coffman on 12/29/03; granting in part and denying in part 30 Motion for Extension of Time to File Response. The motion is granted insofar as the plaintiff is given until 1/15/04 to respond to the defendant's motion. In all other respects, the motion is denied. (SJS) (Entered: 01/05/2004)
2004-01-06 37 0 ORDER by Jennifer B. Coffman on 1/5/04; re 35 Order on Motion for Ruling. Motion Hearing set for 1/20/2004 11:00 AM in Courtroom in Louisville before Judge Jennifer B. Coffman on motion to vacate or amend the agreed order.(SDB) (Entered: 01/06/2004)
2004-01-14 38 0 ORDER for proceedings held before Jennifer B. Coffman : Status Conference held on 1/14/2004, the hearing on 1/20/04 is VACATED. No later than 1/20/04 counsel for the pla. shall file a resp. to the motion to vacate and no later then 1/30/04 dft. shall file reply. A hrg. on the motion to vacate on 2/17/04 at 11:00 a.m. cc: all counsel (Court Reporter Peggy Webber.) (ARK) (Entered: 01/14/2004)
2004-01-20 39 0 CORRECTED ORDER by Jennifer B. Coffman on 1/15/04; re 38 Status Conference, IT IS ORDERED that the hrg. set for 2/27/04 is hereby MOVED to --Motion Hearing set for 2/5/2004 02:00 PM in Courtroom before Judge Jennifer B. Coffman IN LEXINGTON.(ARK) (Entered: 01/20/2004)
2004-01-20 40 0 RESPONSE to Motion re 28 MOTION to Amend/Correct 14 Order, (Attachments: # 1 Exhibit # 2 Proposed Order)(ARK) (Entered: 01/21/2004)
2004-01-20 41 0 MOTION for Preliminary Injunction by Bandana Co., Inc.. Responses due by 2/9/2004 (Attachments: # 1 Memorandum in Support # 2 Table of Contents for Memo# 3 # 4 Proposed Order Preliminary Injunction Order# 5 Proposed Order) (FILED IN BROWN FOLDER DUE TO SIZE)(ARK) (Entered: 01/21/2004)
2004-01-21 42 0 ORDER by Jennifer B. Coffman on 1/16/04; granting 34 Motion for Leave to filed second amd. cmp. cc: all counsel (ARK) (Entered: 01/22/2004)
2004-01-21 43 0 SECOND AMENDED COMPLAINT against John Does 1-99, Kirkland's Stores, Inc., Three Hands Corporation , filed by Bandana Co., Inc. (ARK) (Entered: 01/22/2004)
2004-01-30 44 0 REPLY to Response to Motion re 28 MOTION to Amend/Correct 14 Order,, MOTION to Vacate 14 Order,, MOTION to Amend/Correct 14 Order,, MOTION to Vacate 14 Order,, MOTION to Amend/Correct 14 Order,, MOTION to Vacate 14 Order,, filed by Kirkland's Stores, Inc., Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Declaration# 2 Exhibit 1)(ARK) (Entered: 02/02/2004)
2004-01-30 45 0 ANSWER to Second Amended Complaint filed by Kirkland's Stores, Inc., Three Hands Corporation.(ARK) (Entered: 02/02/2004)
2004-01-30 46 0 NOTICE OF OPPOSITION/RESPONSE to Motion re 41 MOTION for Preliminary Injunction filed by Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Memorandum in Support # 2 Suppl. Declaration# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Proposed Order)(ARK) (Entered: 02/02/2004)
2004-01-30 47 0 SECOND AMENDED COUNTERCLAIM against Bandana Co., Inc. , filed by Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Exhibit 37# 2 Exhibit 38# 3 Exhibit 39# 4 Exhibit 40# 5 Exhibit 41# 6 Certificate of Service)(ARK) (Entered: 02/02/2004)
2004-02-10 48 0 ORDER for proceedings held before Jennifer B. Coffman : Motion Hearing held on 2/6/2004 --re 41 MOTION for Preliminary Injunction filed by Bandana Co., Inc., MOTION for Hearing re 41 MOTION for Preliminary Injunction filed by Bandana Co., Inc., 28 MOTION to Amend/Correct 14 Order,, MOTION to Vacate 14 Order,, MOTION to Vacate 14 Order,, MOTION to Vacate 14 Order,, filed by Kirkland's Stores, Inc., Three Hands Corporation. Hrg. to resume on 2/6/04 at 9:00 a.m. cc: all counsel. (Court Reporter Peggy Weber.) (ARK) (Entered: 02/10/2004)
2004-02-11 49 0 MOTION to Correct the Record by Bandana Co., Inc. Responses due by 3/1/2004 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Proposed Order)(SJS) (Entered: 02/12/2004)
2004-02-13 50 0 BRIEF in support of the amount of the Bond that is required to be posted by Pla. for those specific items that are enjoined by the Court filed by dfts- Kirkland's Stores, Inc. ; Three Hands Corporation. (ARK) (Entered: 02/17/2004)
2004-02-13 51 0 OBJECTION/RESPONSE to Motion re 49 MOTION to Amend/Correct. filed by Kirkland's Stores, Inc., Three Hands Corporation. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(ARK) (Entered: 02/17/2004)
2004-02-13 52 0 MOTION for Security Bond filed by Bandana Co., Inc.. Responses due by 3/2/2004 (Attachments: # 1 Affidavit # 2 Proposed Order --Prel. Injunction Order)(ARK) (Entered: 02/19/2004)
2004-02-19 53 0 ANSWER to Second Amended Counterclaim of Defendants and Counter-Claimants Kirkland's Stores and Three Hands Corp. by Bandana Co., Inc. (SDB) (Entered: 02/20/2004)
2004-03-18 54 0 TRANSCRIPT of Motion to Vacate Agreed Order Proceedings held on 2/5/04 before Judge Jennifer B. Coffman. Court Reporter: Peggy Westman Weber. (Attachment: # 1 Continuation of Transcript)(SDB) (Entered: 03/19/2004)
2004-03-18 55 0 TRANSCRIPT of Motion to Vacate Agreed Order Proceedings held on 2/6/04 before Judge Jennifer B. Coffman. Court Reporter: Peggy Westman Weber. (Attachment: # 1 Continuation of Transcript)(SDB) (Entered: 03/19/2004)
2004-03-23 56 0 ORDER by Jennifer B. Coffman on 3/22/04; granting 28 Motion to Amend/Correct, granting 28 Motion to Vacate, granting in part and denying in part 41 Motion for Preliminary Injunction, finding as moot [] Motion for Hearing; granting in part and denying in part 52 Motion for Surety Bond-- the motion is granted to the extent that the Pla. shall post a security bond in the amount of $75,000.00, all other respects, it is DENIED. cc: all counsel. (ARK) (Entered: 03/23/2004)
2004-03-31 57 0 ORDER by Jennifer B. Coffman on 3/31/04; re 56 --IT IS ORDERED that the Clk. is directed to accept the funds tendered by Bandana Co., Inc., into the court registry for deposit into an interest-bearing account. cc: all counsel & finance.(ARK) (Entered: 03/31/2004)
2004-04-01 58 0 Cash BOND in the amount of $ $75,000 posted into the Court's Registry Account by Bandana Co., Inc. (ARK) (Entered: 04/01/2004)
2004-04-02 59 0 Copy of Receipt from finance as to 58 Bond w/copy of check. (ARK) (Entered: 04/02/2004)
2004-06-02 60 0 ORDER by Jennifer B. Coffman on 6/1/04; finding as moot 49 Motion to Amend/Correct as preliminary inj. relief sought by the pla. has already been granted. cc: all counsel. (ARK) (Entered: 06/03/2004)
2004-08-05 61 0 Proposed Stipulation for Dismissal with Prejudice and Order by Bandana Co., Inc. ; Kirkland's Stores, Inc. ; Three Hands Corporation. (SDB) (Entered: 08/05/2004)
2004-08-16 62 0 STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER by Jennifer B. Coffman on 8/16/04, purs to Rule 41(a)(1) of FRCP; each party to bear its own costs, expenses and attorneys' fees in connection with this action.(SDB) (Entered: 08/16/2004)
2004-08-20 63 0 MOTION for Release of Funds in the Court's Registry filed by Bandana Co., Inc.. (Attachments: # 1 Proposed Order)(ARK) (Entered: 08/20/2004)
2004-08-23 64 0 ORDER by Jennifer B. Coffman on 8/20/04; granting 63 Motion for Release of Funds from the Court's Registry Account. cc: all counsel, Finance. (ARK) (Entered: 08/23/2004)