Case details

Court: nysd
Docket #: 1:01-cv-07109
Case Name: Silberman, et al v. Innovation Luggage, et al
PACER case #: 22206
Date filed: 2001-08-02
Date terminated: 2003-10-06
Assigned to: Judge Gerard E. Lynch
Referred to: Magistrate Judge Debra C. Freeman
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Henri Silberman
Plaintiff
Stephen A. Weingrad
Weingrad & Weingrad, L.L.P. 350 Fifth Avenue Suite 7720 New York, NY 10118 (212) 244-4187
LEAD ATTORNEY

Wizard & Genius-Idealdecor, AG
Plaintiff
Stephen A. Weingrad
Weingrad & Weingrad 350 Fifth Avenue Suite 7720 New York, NY 10118 (212) 244-4187
LEAD ATTORNEY

Innovation Luggage, Inc.
Defendant
Kevin N. Ainsworth
Mintz Levin Cohn Ferris Glovsky & Popeo, P.C.(NYC) Chrysler Center 666 Third Avenue New York, NY 10017 212-692-6745 Fax: 212-983-3115 Email: kainsworth@mintz.com
LEAD ATTORNEY

Robert DeWitt Gilbert
Mayer Brown LLP (NY) 1221 Avenue of the Americas New York, NY 10020-1001 (212) 506-2580 Fax: (212) 849-5580 Email: rgilbert@mayerbrown.com
LEAD ATTORNEY

Robert DeWitt Gilbert
(See above for address)
TERMINATED: 03/27/2002 LEAD ATTORNEY

Peter Lombardi
Defendant
Kevin N. Ainsworth
(See above for address)
LEAD ATTORNEY

Robert DeWitt Gilbert
(See above for address)
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-08-02 1 0 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 413086. (jco) (Entered: 08/06/2001)
2001-09-27 2 0 WAIVER OF SERVICE of Summons and Complaint returned executed as to Innovation Luggage mailed on 8/22/01. Answer due on 10/22/01 for Innovation Luggage. (db) (Entered: 10/01/2001)
2001-10-17 3 0 RULE 1.9 CERTIFICATE filed by Innovation Luggage . (bai) (Entered: 10/19/2001)
2001-10-17 4 0 ANSWER to Complaint by Innovation Luggage (Attorney Robert D. Gilbert from the Firm: Brown, Raysman, Millstein, Felder & Steiner LLP) (bai) (Entered: 10/19/2001)
2001-12-12 5 0 Civil Case Management Plan: that the case is to be tried by a jury; Joinder of additional parties must be accomplished by 12/31/01; Amended pleadings may be filed until 12/16/01; All discovery is to be completed by 3/1/02; First request for production of documents, if any, to be served by 12/16/01; Interrogatories pursuant to Local Rule 33.3(a) of the Civil Rules of the SDNY to be served by 12/31/01; Fact depositions to be completed by 1/18/02; Experts, if any, are to be designated by 1/18/02, and experts' reports exchanged no later than 2/8/02; Experts may be deposed, but such depositions must occur before the deadline for completion of all discovery; Requests to Admit, if any, are to be served no later than 3/1/02; Dispositive motions are to be served and filed by 3/15/02; Answering papers are to be served and filed by 4/5/02; Reply papers are to be served and filed by 4/26/02; COunsel do not consent to trial by a U.S. Magistrate Judge; Next Case Management conference is 3/8/02 at 3:00 p.m. ( signed by Judge Gerard E. Lynch ); Copies mailed. (tp) (Entered: 12/15/2001)
2001-12-13 6 0 AMENDED ANSWER to Complaint by Innovation Luggage : amends [4-1] answer (yv) (Entered: 12/17/2001)
2002-02-11 7 0 Civil Case Management Plan: that the case is to be tried by a jury; Joinder of additional parties must be accomplished by 12/31/01; Amended pleadings may be filed until 12/16/01; All discovery is to be completed by 3/22/02; First request for production of documents, if any, to be served 12/16/01; Interrogatories pursuant to Local Rule 33.3(a) of the Civ. R. of the SDNY to be served by 1/21/02; Depositions to be completed by 2/8/02; Experts, if any, are to be designated by 2/8/02, and experts' reports exchanged no later than 3/1/02; Requests to Admit, if any, are to be served no later than 3/15/02; Dispositive motions are to be served and filed by 3/29/02; Answering papers are to be served and filed by 4/26/02; Reply papers are to be served and filed by 5/17/02; Counsel do not consent to trial by a U.S. Magistrate Judge; Next Case Management Conference is set for 3/22/02 at 3:00 p.m. ( signed by Judge Gerard E. Lynch ); Copies mailed. (tp) (Entered: 02/13/2002)
2002-03-25 8 0 ORDER; the parties shall file a amended pleadings. Leave to file an amended complaint and answer does not reflect the Court's position on the merits of the amendments. Objections to claims asserted in the amended pleadings shall be addressed by the parties in the appropriate motions made at the proper times; Defendants shall file new answers to plaintiff's request for admissions; Plaintiff shall fulful its obligation to produce documents and respond to defendant's request; discovery cutoff 6/28/02; the paties shall appear for a subsequent conference on 7/3/02, at 11:30 a.m. . ( signed by Judge Gerard E. Lynch ); Copies mailed. (pl) (Entered: 03/26/2002)
2002-03-27 9 0 STIPULATED ORDER, that deft's counsel of record, the law firm of Brown Raysman Millstein Felder & Steiner LLP is displaced by Mintz Levin Cohen Ferris Glovsky & Popeo, P.C. ( signed by Judge Gerard E. Lynch ) (sac) (Entered: 03/28/2002)
2002-04-04 10 0 AMENDED COMPLAINT by Henri Silberman, Wizard & Genius (Answer due 4/17/02 for Innovation Luggage ) amending [1-1] complaint against Peter Lombardi; Summons issued. (yv) (Entered: 04/08/2002)
2002-04-30 11 0 Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of 3/20/02. (tr) (Entered: 04/30/2002)
2002-05-07 12 0 ORDER; the Court received a letter from defense counsel dated 4/25/02, raising objections to certain aspects of pltff's amended complaint. To the extent deft objects to specific claim, deft may move to dismiss. Accordingly, deft's request for a conference is denied, as a conference is not needed to resolve the current concerns . ( signed by Judge Gerard E. Lynch ); Copies mailed. (sn) (Entered: 05/09/2002)
2002-05-29 13 0 ANSWER to Complaint by Innovation Luggage, Peter Lombardi (Attorney Kevin N. Ainsworth, Robert D. Gilbert from the Firm: Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.). Received in night deposit box on 5/29/02 at 5:03 p.m. (db) (Entered: 06/04/2002)
2002-05-29 14 0 NOTICE OF MOTION by Innovation Luggage, Peter Lombardi for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the amended complaint for failure to state a claim upon which relief can be granted . Affidavit of Kevin N. Ainsworth in support of motion attached. Return Date 6/19/02 at 9:30. Received in night deposit box on 5/29/02 at 5:04 p.m. (db) (Entered: 06/04/2002)
2002-05-29 15 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in support of [14-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the amended complaint for failure to state a claim upon which relief can be granted. Received in night deposit box on 5/29/02 at 5:03 p.m. (db) (Entered: 06/04/2002)
2002-06-06 16 0 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes Only. Referred to Magistrate Judge Debra C. Freeman. ( signed by Judge Gerard E. Lynch ) (ph) (Entered: 06/10/2002)
2002-06-05 17 0 JOINT MOTION SCHEDULING ORDER: Defendants have served a Rule 11 motion. Plaintiffs' opposition shall be served by 06/28/02, and the defendant' reply, if any, shall be served by 07/19/02; the Defendants' Rule 12(b)(6) motion shall be served by 05/29/02; the opposition shall be served by 06/28/02, and Defendants' reply, if any shall be served by 07/19/02; All Rule 56 Motions shall be made by 06/28/02. Oppositions shall be served by 07/19/02 and replies if any shall be served by 07/30/02; the deadline for Plaintiff to serve a Rule 11 motion is 06/28/02. Defendants shall have until 08/05/02, to serve any opposition. Plaintiffs' reply, if any, shall be served by 08/19/02; ( signed by Judge Gerard E. Lynch ); Copies mailed. (djc) (Entered: 06/12/2002)
2002-06-10 18 0 NOTICE OF MOTION by Innovation Luggage, Peter Lombardi pursuant to Rule 11(c) of the FRCP, for an Order granting sanctions against Stephen A. Weingrad and Weingrad & Weingrad LLP . Return Date not indicated. Affidavit of Robert D. Gilbert in support of motion attached. (yv) (Entered: 06/14/2002)
2002-06-10 19 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in support of [18-1] motion pursuant to Rule 11(c) of the FRCP, for an Order granting sanctions against Stephen A. Weingrad and Weingrad & Weingrad LLP . (yv) (Entered: 06/14/2002)
2002-06-28 20 0 NOTICE OF MOTION by Innovation Luggage, Peter Lombardi for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law ; Return Date not indicated. Affidavit of Kevin N. Ainsworth in support attached. (rec'd in the night deposit box on 6/28/02 at 5:27 p.m.) (sac) (Entered: 07/03/2002)
2002-06-28 21 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in support of [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law. (rec'd in the night deposit box on 6/28/02 at 5:27 p.m.) (sac) (Entered: 07/03/2002)
2002-06-28 22 0 RULE 56.1 STATEMENT filed by Innovation Luggage, Peter Lombardi. (rec'd in the night deposit box on 6/28/02 at 5:27 p.m.) (sac) (Entered: 07/03/2002)
2002-06-19 23 0 Memorandum to Docket Clerk: telephone conference held on 06/12/02 before Magistrate Judge Freeman: Discovery dispute. (gf) (Entered: 07/03/2002)
2002-06-28 24 0 NOTICE OF MOTION by Henri Silberman, Wizard & Genius for judgment under Rule 56.1 . Return Date 10/22/01 at 0:00. (ll) (Entered: 07/10/2002)
2002-07-01 25 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in support of [24-1] motion for judgment under Rule 56.1 . (ll) (Entered: 07/10/2002)
2002-07-01 26 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in opposition to [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law . (ll) (Entered: 07/10/2002)
2002-07-01 27 0 DEPOSITION of Peter Lombardi held on June 3, 2002 (ll) (Entered: 07/10/2002)
2002-07-09 28 0 STIPULATION AND ORDER of dismissal of the plaintiffs' Count III for tortious misappropriation of goodwill with prejudice pursuant to Rule 41 of the FRCP. ( signed by Judge Gerard E. Lynch ) (kw) (Entered: 07/12/2002)
2002-07-03 29 0 RULE 56.1 STATEMENT filed by Henri Silberman, Wizard & Genius (pl) (Entered: 07/16/2002)
2002-07-19 30 0 REPLY MEMORANDUM by Innovation Luggage re: [18-1] motion pursuant to Rule 11(c) of the FRCP, for an Order granting sanctions against Stephen A. Weingrad and Weingrad & Weingrad LLP . (cd) (Entered: 07/22/2002)
2002-07-19 31 0 REPLY MEMORANDUM by Innovation Luggage re: [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law . (cd) (Entered: 07/22/2002)
2002-07-24 32 0 NOTICE OF MOTION by Henri Silberman, Wizard & Genius for an Order purs. to Rule 11 of the FRCP granting plaintiff's application for sanctions . No Return Date. (sb) Modified on 07/29/2002 (Entered: 07/29/2002)
2002-07-24 33 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in support of [32-1] motion for an Order purs. to Rule 11 of the FRCP granting plaintiff's application for sanctions . (sb) (Entered: 07/29/2002)
2002-07-25 34 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in opposition to [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law . (dle) (Entered: 07/29/2002)
2002-07-26 35 0 Memo-Endorsement on letter addressed to Judge Lynch from Stephen A. Weingrad, dated 7/22/02; granting plaintiffs requests for permission to file with Chambers one of the exhibits to Plaintiffs Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment . ( signed by Judge Gerard E. Lynch ); Copies mailed. (pl) (Entered: 07/29/2002)
2002-07-26 36 0 REVISED JOINT MOTION SCHEDULING ORDER: Last day for defendants to serve reply papers, if any, in support of their Rule 11 motion is 7/19/02; Last day for each party to serve opposition paperes, if any, to their adversaries' summary judgment motions is 8/5/02; Last day for defendants to serve reply papers, if any, in support of their motion to dismiss under Rule 12(b)(6) is 8/5/02; Last day for defendants to serve opposition papers, if any, to plaintitffs' Rule 11 motion is 8/5/02; Last day for each party to serve their reply papers, if any, in support of their summary judgment motions is 8/19/02; Last day for plaintiffs to serve reply papers, if any, in support of their Rule 11 motion is 8/19/02 . ( signed by Judge Gerard E. Lynch ); Copies mailed. (tp) (Entered: 07/30/2002)
2002-08-05 37 0 NOTICE OF CROSS-MOTION by Innovation Luggage, Peter Lombardi for an order pursuant to Rule 56 of the FRCP granting summary judgment dismissing Count I of the Amended Complaint . Declaration of Peter Lombardi in support of cross-motion attached with statement of undisputed facts. Return Date 8/28/02 at 9:30. (db) (Entered: 08/09/2002)
2002-08-05 38 0 DECLARATION of Kevin N. Ainsworth by Innovation Luggage, Peter Lombardi in opposition Re: [32-1] motion for an Order purs. to Rule 11 of the FRCP granting plaintiff's application for sanctions . (db) (Entered: 08/09/2002)
2002-08-05 39 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in opposition to [32-1] motion for an Order purs. to Rule 11 of the FRCP granting plaintiff's application for sanctions . (db) (Entered: 08/09/2002)
2002-08-05 40 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in opposition to [32-1] motion for an Order purs. to Rule 11 of the FRCP granting plaintiff's application for sanctions . (db) (Entered: 08/09/2002)
2002-08-13 41 0 ORDER, deft is directed to pay Dauman an additional $4,817.50, and plntfs are directed to pay Kinne an additional $2,130.28 as compensation for "time spent in responding to discovery," purs to FRCP 26(b)(4)(C) ( signed by Magistrate Judge Debra C. Freeman ); Copies mailed. (cd) (Entered: 08/14/2002)
2002-08-19 42 0 REPLY MEMORANDUM by Innovation Luggage, Peter Lombardi in support re: [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law. Declaration of Peter Lombardi in support attached. (yv) Modified on 08/23/2002 (Entered: 08/22/2002)
2002-08-23 43 0 REPLY by Henri Silberman, Wizard & Genius Re: [40-1] opposition memorandum for sanctions purs to Rule 11. (djc) (Entered: 08/29/2002)
2002-08-23 44 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius re: in Reply to the defendants' oppositigo the moti for summary judgment and in further support of the plaintifs' motion for summary judgment. (djc) (Entered: 08/29/2002)
2002-08-28 45 0 STIPULATION and ORDER, the parties consent and agree that deposition exhibit Kunz 12 dated 6/7/02 consisting of a photograph in a frame with glass can be filed with chambers with respect to the pending motions, and it can be submitted by either party to the Circuit Court in the event of an appeal without the necessity of a filing . ( signed by Judge Gerard E. Lynch ) (kw) (Entered: 09/03/2002)
2002-09-10 46 0 SCHEDULING ORDER: that plaintiffs' opposition to the Cross-Motion, if any, shall be served, by hand, no later than 9/3/02, and defendants' reply, if any, shall be served no later than 9/9/02. ( signed by Judge Gerard E. Lynch ); Copies mailed. (jco) (Entered: 09/13/2002)
2002-09-09 47 0 REPLY MEMORANDUM of LAW by Innovation Luggage, Peter Lombardi in further support of [37-1] cross motion for an order pursuant to Rule 56 of the FRCP granting summary judgment dismissing Count I of the Amended Complaint; and in support of their cross-motion to strike. (djc) (Entered: 09/13/2002)
2002-09-09 48 0 NOTICE OF CROSS-MOTION by Innovation Luggage, Peter Lombardi; for an order to strike plaintiffs' unauthorized surreply and untimely response to Local Rule 56.1 Statement ; Return Date not indicated. (djc) (Entered: 09/13/2002)
2002-09-13 49 0 Memorandum to Docket Clerk: telephone conference held on 9/9/02 before Magistrate Judge Freeman. (gf) (Entered: 09/16/2002)
2002-09-13 50 0 ORDER, No later than 9/23/02: a. Defendant shall respond to Plaintiffs' Third Request for the Production of Documents and Things, dated 6/6/02 ; b. Plaintiff Wizard & Genius-Idealdecor, AG shall respond to Interrogatory Nos. 3 and 5, contained in Defendant's Second Set of Interrogatories to Wizard, dated 5/29/02; c. Plaintiff Henri Silberman shall respond to Interrogatory Nos. 3 and 5, contained in Defendant's Second Set of Interrogatories to Silberman, dated 5/29/02 ; d. Plaintiffs shall serve an expert report under FRCP 26(a)(2)(B) for Dr. Mark A. Reutter, to which Defendant may serve a rebuttal report no later than 10/7/02; e. Defendant shall serve an expert report under FRCP 26(a)(2)(B) for Ms. Mona Yuter; and f. Plaintiffs shall serve Defendant w/ a modified version of Plaintiffs' Second Request for Admissions to Defendant, dated 6/20/02, to which Defendant shall respond no later than 10/18/02 . All expert depositions, as well as all other discovery in this action, shall be completed by 10/18/02 . ( signed by Magistrate Judge Debra C. Freeman ); (ae) (Entered: 09/25/2002)
2002-09-24 51 0 NOTICE OF OBJECTION UNDER RULE 72 by Henri Silberman, Wizard & Genius to [50-1] order No later than 9/23/02: a. Defendant shall respond to Plaintiffs' Third Request for the Production of Documents and Things, dated 6/6/02 . (gf) Modified on 09/30/2002 (Entered: 09/30/2002)
2002-09-26 52 0 Expert Report of Mona Yuter. (jco) (Entered: 10/03/2002)
2002-09-30 53 0 ORDER, that for the reasons set forth, plaintiffs' motion for reconsideration of the 9/10/02 Order is denied ; The Court is also denying defendant's [18-1] motion pursuant to Rule 11(c) of the FRCP, for an Order granting sanctions against Stephen A. Weingrad and Weingrad & Weingrad LLP; The 9/10/02 Order is stayed, pending the outcome of plaintiffs' appeal . ( signed by Magistrate Judge C. Freeman ); Copies mailed by Chambers. (tp) (Entered: 10/03/2002)
2002-10-04 54 0 REPLY by Innovation Luggage, Peter Lombardi to pltffs' belated response to dfts' statement of undisputed material facts. (db) (Entered: 10/08/2002)
2002-10-04 55 0 DECLARATION of Peter Lombardi by Peter Lombardi in support Re: [20-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment dismissing (a) Count II of the Amended Complaint and (b) Pltffs' claim for statutory damages and atty's fees under Section 504 and 505 of the Copyright Law . (db) (Entered: 10/08/2002)
2002-10-04 56 0 REPLY MEMORANDUM by Innovation Luggage, Peter Lombardi in further support of [48-1] cross motion for an order to strike plaintiffs' unauthorized surreply and untimely response to Local Rule 56.1 Statement . (db) (Entered: 10/08/2002)
2002-10-04 57 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in opposition to [37-1] cross motion for an order pursuant to Rule 56 of the FRCP granting summary judgment dismissing Count I of the Amended Complaint . (db) (Entered: 10/08/2002)
2002-10-04 58 0 MEMORANDUM OF LAW by Henri Silberman, Wizard & Genius in opposition to [48-1] cross motion for an order to strike plaintiffs' unauthorized surreply and untimely response to Local Rule 56.1 Statement . (db) (Entered: 10/08/2002)
2002-10-08 59 0 ORDER; that plaintiffs' objections are overruled, Judge Freeman's order is affirmed, and the parties are ordered to comply with the order on the schedule set forth in Judge Freeman's opinion denying reconsideration with one modification . Plaintiffs shall serve an expert report for Dr. Reutter no later than two weeks from the date of this Order, and defendant may serve a rebuttal expert report no later than two weeks after that . All discovery with respect to these experts shall be completed no later than six weeks from the date of this Order . ( signed by Judge Gerard E. Lynch ); (pl) Modified on 10/15/2002 (Entered: 10/10/2002)
2002-10-21 60 0 Memo-Endorsement on letter addressed to Magistrate Judge Freeman from Stephen A. Weingrad, dated 10/15/02; if there are particular questions that counsel believes were not answered because of an improper instruction not to answer, counsel may point out those questions to the Court and seek a ruling as to whether answers should be compelled. Otherwise, the [32-1] motion for sanctions is denied, and plaintiffs shall pay defendant's expert a reasonable fee for her attendance at the deposition and for other time spent in responding to discovery; both parties are cautioned to keep lawyer colloquy to a minimum in any future depositions; objections may be stated as, for example, "objection to the form of the question," or "objection, relevance" . ( signed by Magistrate Judge Debra C. Freeman ) (kkc) (Entered: 10/23/2002)
2003-01-22 61 0 Memo-Endorsement on letter addressed to Mag. Judge Freeman from Stephen A. Weingrad, dated 1/17/03; Re: plaintiff writes to the Court in response to defense counsel's letter of 1/15/03 in opposition to my application concerning the expert fees charged by their expert Yuter; after reveiw of the parties' correspondence to the Court dated 1/10, 15 and 17, 2003, it is hereby ordered that plaintiff's application of 1/10/03 is denied. Plaintiff is directed to the Court's prior order, dated 12/3/02, paragraph 4(a), and is directed to comply with that Order without furter delay . ( signed by Magistrate Judge Debra C. Freeman ); (pl) (Entered: 01/24/2003)
2003-02-04 62 0 Letter filed addressed to Judge Lynch from Kevin N. Ainsworth, dated 1/31/03, re: response to plaintiffs' (a) request for a stay of magistrate Judge's Freeman's Memorandum Endorsement Order dated 1/23/03 and (b) objections to the Order pursuant to F.R.C.P. 72(a). (jco) (Entered: 02/10/2003)
2003-02-19 63 0 ORDER, that for the reasons described herein, the objection to the Magistrate Judge's order is overruled, and the order affirmed . ( signed by Judge Gerard E. Lynch ). (tp) (Entered: 02/21/2003)
2003-04-03 64 0 OPINION AND ORDER # 88310; Defendants' motion to strike plaintiffs' Memorandum of Law in Opposition to defendants' Cross-Motion for summary Judgment and Plaintiffs' Response to defendants' statement of undisputed material facts is denied. Plaintiff Silberman's motion for summary judgment on liability is granted as to his copyright claim, and denied in all other respects. Plaintiff Wizard's motion for summary judgment is denied. Defendants' motion to dismiss granted as to Silberman's claims under VARRA and under New York unfair competition law. Defendants' cross-motion for summary judgment is granted with respect to plaintiffs' claims for statutory damages, attorneys fees, and punitive damages, and denied as to Silberman's claim for acutual damages for copyright infringement. Defendants' motion for summary judgment dismissing Wizard's claims for copyright infringement under Swiss law and United States law is granted. Defendants' motion for sanctions is granted to the extent that plaintiffs' counsel is directed to pay defendants' expenses, including attorney's fees, incurred in responding to Wizard's Swiss law claims, and the matter is referred to the Magistrate Judge for determination of the appropriate amount of the sanction. Plaintiffs' motion for sanctions is denied. ( signed by Judge Gerard E. Lynch ); (jco) (Entered: 04/04/2003)
2003-04-14 65 0 NOTICE OF MOTION by Henri Silberman, Wizard & Genius for an order pursuant to U.S.D.C. Rules S.D.N.Y. Rule 6.3 for reconsideration and FRCP 60(b) relieving plaintiff's attorneys from so much of the order of this court dated 3/31/03, as awarded dfts expenses and attorneys fees incurred dismissed the claim of Wizard . Return Date not indicated. Memorandum in support attached. (dle) (Entered: 04/18/2003)
2003-04-22 66 0 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Contested Damages Hearing re attys fees/sanctions. Referred to Magistrate Judge Debra C. Freeman. ( signed by Judge Gerard E. Lynch ) (sac) (Entered: 04/22/2003)
2003-04-28 67 0 MEMORANDUM OF LAW by Innovation Luggage, Peter Lombardi in opposition to [65-1] motion for an order pursuant to U.S.D.C. Rules S.D.N.Y. Rule 6.3 for reconsideration and FRCP 60(b) relieving plaintiff's attorneys from so much of the order of this court dated 3/31/03, as awarded dfts expenses and attorneys fees incurred dismissed the claim of Wizard . (cd) (Entered: 04/29/2003)
2003-04-30 68 0 DECLARATION of Kevin Ainsworth by Innovation Luggage, Peter Lombardi in support Re: Application for Costs and Fees purs to Opinion and Order fld 4/3/03; attached are 2 volumes of appendix (cd) Modified on 05/05/2003 (Entered: 05/05/2003)
2003-05-07 69 0 REPLY MEMORANDUM by Henri Silberman, Wizard & Genius in support re: [65-1] motion for an order pursuant to U.S.D.C. Rules S.D.N.Y. Rule 6.3 for reconsideration and FRCP 60(b) relieving plaintiff's attorneys from so much of the order of this court dated 3/31/03, as awarded dfts expenses and attorneys fees incurred dismissed the claim of Wizard . (db) (Entered: 05/12/2003)
2003-05-14 70 0 ORDER Declaring Case for Mediation, The case is eligible for mediation. All issues are eligible . ( signed by Judge Gerard E. Lynch ) (sb) (Entered: 05/16/2003)
2003-05-16 71 0 Notice of selection of mediator. (sc) (Entered: 05/16/2003)
2003-05-23 72 0 DECLARATION of Kevin N. Ainsworth in opposition Re: [65-1] motion for an order pursuant to U.S.D.C. Rules S.D.N.Y. Rule 6.3 for reconsideration and FRCP 60(b) relieving plaintiff's attorneys from so much of the order of this court dated 3/31/03, as awarded dfts expenses and attorneys fees incurred dismissed the claim of Wizard. Received in night deposit on 5/23/03 at 5:23 p.m. (jco) (Entered: 05/29/2003)
2003-08-13 73 0 ORDER, that for the reasons set forth, the Court is denying the [65-1] motion for an order pursuant to U.S.D.C. Rules S.D.N.Y. Rule 6.3 for reconsideration and FRCP 60(b) relieving plaintiff's attorneys from so much of the order of this court dated 3/31/03, as awarded dfts expenses and attorneys fees incurred dismissed the claim of Wizard. ( signed by Judge Gerard E. Lynch ). (tp) (Entered: 08/14/2003)
2003-10-06 74 0 Order of discontinuance of action without prejudice and without costs to any party, with leave to reopen within 30 days if the settlement is not consummated; ( signed by Judge Gerard E. Lynch ) (djc) (Entered: 10/08/2003)
2003-10-14 75 0 Report of the Clerk of Court regarding court-ordered mediation: Paragraph 1, 2, 3, or 6 and the Court must make the appropriate order. (Signed by George O'Malley, Counsel for the Clerk of Court) (sc) (Entered: 10/14/2003)
2003-10-14 76 0 Report of Mediator to the Clerk that the court-ordered mediation in this case was held and produced a sitpulation settling all of the issues in this case. (sc) (Entered: 10/16/2003)
2003-10-17 77 0 STIPULATION AND ORDER for dismissal of this action pursuant to Rule 41(a), FRCP, with prejudice and without costs to any party. ( signed by Judge Gerard E. Lynch ) (tp) (Entered: 10/22/2003)