Case details

Court: nysd
Docket #: 1:01-cv-02262
Case Name: V-Formation, Inc. v. MGM S.P.A, et al
PACER case #: 18410
Date filed: 2001-03-16
Date terminated: 2002-07-08
Assigned to: Judge Harold Baer
Case Cause: 35:145 Civil Action to Obtain Patent
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
V-Formation, Inc.
Plaintiff
Alfred Ross Fabricant
Winston & Strawn LLP (NY) 200 Park Avenue New York, NY 10166 (212) 294-6700 Fax: (212) 294-4700 Email: AFabricant@brownrudnick.com
LEAD ATTORNEY

Lawrence C. Drucker
Brown Rudnick LLP (NYC) Seven Times Square New York, NY 10036 212-209-4800 Fax: 212-209-4801 Email: ldrucker@brownrudnick.com
LEAD ATTORNEY

Marc Ari Lieberstein
Kilpatrick Townsend & Stockton LLP 1114 Avenue of the Americas New York, NY 10036 (212) 775-8700 x8751 Fax: (212) 775-8800 Email: mlieberstein@kilpatricktownsend.com
LEAD ATTORNEY

MGM S.P.A
Defendant
Thomas Joseph Puppa
Morgan, Lewis and Bockius LLP (NY) 101 Park Avenue New York, NY 10178 212-309-6000 Fax: 212-309-6273 Email: tpuppa@fchs.com
LEAD ATTORNEY

Fila Holding S.P.A.
Defendant
Jeffrey J. Greenbaum
Sills, Cummis & Gross, LLP(N'wkNJ) The Legal Center One Riverfront Plaza Newark, NJ 07102-5400 973-643-5430 Fax: 973-643-6500 Email: jgreenbaum@sillscummis.com
LEAD ATTORNEY

Fila U.S.A., Inc.
Defendant
Jeffrey J. Greenbaum
(See above for address)
LEAD ATTORNEY

MGM S.P.A
Counter Claimant
Thomas Joseph Puppa
(See above for address)
LEAD ATTORNEY

V-Formation, Inc.
Counter Defendant
Alfred Ross Fabricant
(See above for address)
LEAD ATTORNEY

Lawrence C. Drucker
(See above for address)
LEAD ATTORNEY

Marc Ari Lieberstein
(See above for address)
LEAD ATTORNEY

Fila Holding S.P.A.
Counter Claimant
Jeffrey J. Greenbaum
(See above for address)
LEAD ATTORNEY

Fila U.S.A., Inc.
Counter Claimant
Jeffrey J. Greenbaum
(See above for address)
LEAD ATTORNEY

V-Formation, Inc.
Counter Defendant
Alfred Ross Fabricant
(See above for address)
LEAD ATTORNEY

Lawrence C. Drucker
(See above for address)
LEAD ATTORNEY

Marc Ari Lieberstein
(See above for address)
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-03-16 1 0 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 400028. (tp) (Entered: 03/19/2001)
2001-03-16 2 0 RULE 1.9 CERTIFICATE filed by V-Formation, Inc. (tp) (Entered: 03/19/2001)
2001-03-30 3 0 AFFIDAVIT OF SERVICE of Summons and Complaint as to Fila U.S.A., Inc. by Ingrid Koogle, Executive Assistant, on 3/22/01. Answer due on 4/11/01 for Fila U.S.A., Inc. (kkc) (Entered: 04/03/2001)
2001-09-26 4 0 Default Judgment, that defendant Fila USA Inc., its officers, etc., are permanently enjoined as set forth in this document. This matter is referred to Magistrate Pitman for the sole purpose of conducting a hearing to determine the amount of plaintiff's damages and claims for interest, costs and attorney's fees. The Clerk of the Court is directed to serve copy of this Default Judgment and Order on all parties. ( signed by Judge Robert W. Sweet ). Entered on the docket on 9/27/01. (Sent a copy to the Case Assignment Clerk). (kw) (Entered: 09/27/2001)
2001-09-25 5 0 NOTICE OF MOTION by V-Formation, Inc.; for an Order pursuant to Rule 55 of the Fed. R. Civ. P. and 55.2(b) of the Civil Rules for default judgment against Fila U.S.A., Inc. on the grounds of its failure to timely file or serve an Answer . Return date not indicated. Clerk's Certificate of Default, and Affidavit of Lawrence C. Drucker, Esq. attached. (jco) (Entered: 09/27/2001)
2001-09-26 6 0 RULE 1.9 CERTIFICATE filed by MGM S.P.A. (db) (Entered: 09/27/2001)
2001-09-26 7 0 ANSWER to Complaint; jury demand and COUNTERCLAIM by MGM S.P.A (Attorney Thomas Puppa) against V-Formation, Inc.; Firm of: Hopgood, Calimafde, Judlowe & Mondolino, L.L.P. by attorney Thomas Puppa for defendant MGM S.P.A (db) (Entered: 09/27/2001)
2001-10-01 8 0 RULE 1.9 CERTIFICATE filed by Fila Holding S.P.A., Fila U.S.A., Inc. . (bai) (Entered: 10/03/2001)
2001-10-01 9 0 ANSWER to Complaint and COUNTERCLAIM by Fila Holding S.P.A., Fila U.S.A., Inc. (Attorney Jeffrey J. Greenbaum) against V-Formation, Inc. ; Firm of: Sills Cumms Radin Tischman Epstein & Gross, P.C. by attorney Jeffrey J. Greenbaum for defendant Fila U.S.A., Inc. (bai) (Entered: 10/03/2001)
2001-10-05 10 0 ORDER, no later than 10 days from the date of this Order, counsel shall advise me in writing whether there are circumstances here that permit the assessment of damages against Fila U.S.A., Inc. immediately. Counsel's submission shall include citations to appropriate legal authorities . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (kw) (Entered: 10/10/2001)
2001-10-16 11 0 Memo-Endorsement on letter addressed to Mag Judge Pitman from Jeffrey J. Greenbaum, dated 10/10/01 Re: defts request that the briefing requested in the Court's Order of 10/3/01 be deferred until issues relating to the propriety of the default judgment are resolved by Judge Sweet: I shall take no action in this matter pending Judge Sweet's resolution of the motion to vacate ; Mr. Greenbaum is directed to advise me promptly of the outcome of the 10-16-01 conf ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (cd) (Entered: 10/17/2001)
2001-10-17 12 0 REPLY by V-Formation, Inc. to [7-2] counter claim ; Firm of: Ostrolenk Faber Gerb & Soffen, LLP by attorney Alfred R. Fabricant for counter-defendant V-Formation, Inc., Marc A. Lieberstein for counter-defendant V-Formation, Inc., Lawrence C. Drucker for counter-defendant V-Formation, Inc. (yv) (Entered: 10/18/2001)
2001-10-19 13 0 REPLY by V-Formation, Inc. to [9-2] counter claim ; Firm of: Ostrolenk, Faber, Gerb & Soffen, L.L.P. by attorney Alfred R. Fabricant for counter-defendant V-Formation, Inc., Marc A. Lieberstein for counter-defendant V-Formation, Inc., Lawrence C. Drucker for counter-defendant V-Formation, Inc. (db) (Entered: 10/22/2001)
2001-10-29 14 0 REPLY by V-Formation, Inc. to [9-2] counter claim; Firm of: Ostrtolenk Faber Gerb & Soffen by attorney Alfred R. Fabricant for counter-defendant V-Formation, Inc., Marc A. Lieberstein for counter-defendant V-Formation, Inc., Lawrence C. Drucker for counter-defendant V-Formation, Inc. (djc) (Entered: 10/30/2001)
2001-11-01 15 0 STIPULATION and ORDER vacating [5-1] motion for an Order pursuant to Rule 55 of the Fed. R. Civ. P. and 55.2(b) of the Civil Rules for default judgment against Fila U.S.A., Inc. on the grounds of its failure to timely file or serve an Answer; The time for plaintiff V-Formation to reply or otherwise respond to the answer and counterclaim be and hereby is extended until 11/7/01 . ( signed by Judge Robert W. Sweet ) (tp) (Entered: 11/02/2001)
2001-11-01 16 0 STIPULATION and ORDER; that the default judgment executed on 9/24/01 and filed on 9/26/01 against FILA USA shall be and hereby is vacated, including all relief contained therein ; the answser and counterclaim of FILA USA served on 9/28/01 and filed on or about 10/1/01 shall be deemed timely filed ; that the time for plaintiff V-Formation to reply or otherwise respond to the answer and counterclaim shall be hereby is extended until 11/7/01 . ( signed by Judge Robert W. Sweet ) (pl) (Entered: 11/05/2001)
2001-12-27 17 0 STIPULATION and ORDER; regarding procedures that will govern the handling of "Confidential Information" . ( signed by Judge Jed S. Rakoff- Part I ) (sn) (Entered: 12/28/2001)
2002-01-24 18 0 ORDER; the parties shall complete all discovery, inspection and motions by 09/30/02; parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, proposed jury charges and voir dire requests in accordance with the annexed form and instructions by 10/29/02; a final pretrial conference will be held on 10/29/02 at 4:30 p.m,. and added to the trial calendar published in the New York Law Journal ; ( signed by Judge Robert W. Sweet ); Copies mailed. (djc) (Entered: 01/25/2002)
2002-01-24 19 0 SCHEDULING ORDER: plntf should be allowed until 2/28/02 to join additional parties and to amend the pleadings. Defts MGM should be allowed until 3/12/02 to join additional parties and to amend the pleadings; Fact Discovery cutoff 6/15/02; Deadline for filing of disposive motions 9/30/02; Joint trial memo will be fld by 10/30/02; Trial ready deadline set for 11/30/02 ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 01/25/2002)
2002-03-12 20 0 Memo-Endorsement on letter addressed to Judge Sweet from Thomas J. Puppa, dated 2/28/02, granting Messrs. Michael J. Rye and Andrew C. Ryan to appear pro hac vice as counsel of record for deft. ( signed by Judge Robert W. Sweet ); Copies mailed. (orig. forwarded to the Atty Admissions Clerk) (sac) Modified on 03/13/2002 (Entered: 03/13/2002)
2002-07-08 21 0 STIPULATION and ORDER, that whereas the parties entitled action have entered into Settlement Agreement settling that action, this action be, and the same hereby is dismissed with prejudice, without costs to any party as against the other . ( signed by Judge George B. Daniels, Part 1 ) (tp) (Entered: 07/09/2002)
2002-07-26 22 0 Notice of Case Reassignment to Judge Harold Baer Jr. . Copy of notice and judge's rules mailed to Attorney(s) of record: Alfred R. Fabricant, Marc A. Lieberstein, Lawrence C. Drucker, Jeffrey J. Greenbaum, Thomas Puppa . (jol) (Entered: 07/31/2002)