Case details

Court: nysd
Docket #: 1:09-cv-08680
Case Name: Olaes Enterprises, Inc. v. A.D. Sutton & Sons, Inc. et al
PACER case #: 353253
Date filed: 2009-10-13
Date terminated: 2011-11-14
Date of last filing: 2011-11-14
Assigned to: Judge Colleen McMahon
Referred to: Magistrate Judge Paul E. Davison
Case Cause: 28:1442 Notice of Removal
Nature of Suit: 190 Contract: Other
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Orange County Choppers, Inc.
Counter Defendant
a New York Corporation TERMINATED: 10/16/2009
Justin A. Heller
Nolan & Heller, LLP 39 North Pearl Street Albany, NY 12207 (518)-432-3188 Fax: (518)-432-3123 Email: jheller@nolanandheller.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Martin Mahon
Tarshis, Catania, Liberth, Mahon & Milligram One Corwin Court Post Office Box 1479 Newburgh, NY 12550 845-565-1100 Fax: 845-565-1999 Email: rmahon@tclmm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Weiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Olaes Enterprises, Inc.
Plaintiff
a California Corporation doing business asODM
Alexander Elias Papaefthimiou
Law Offices of Darren J. Quinn 12702 Via Cortina, Suite 105 Suite 105 Del Mar, CA 92104 (858) 509 9401 Fax: (858) 509-9411 Email: alex@dqlaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Darren James Quinn
Law Offices of Darren J. Quinn 12702 Via Cortina, Suite 105 Del Mar, CA 92014 (858)-509-9401 Fax: (858)-509-9411 Email: dq@dqlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marjorie Press Lindblom
Kirkland and Ellis LLP 153 East 53rd Street New York, NY 10022 212-446-4800 Fax: 212-466-6460 Email: mlindblom@kirkland.com
TERMINATED: 10/09/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shima Baradaran-Robison
Kirkland & Ellis LLP (NYC) 153 East 53rd Street New York, NY 10022 (212) 446-4800 Fax: (212) 446-6460 Email: shimabaradaran@gmail.com
TERMINATED: 10/09/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Goodall Bailey , Jr
Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 (914) 287-6127 Fax: (914) 683-6956 Email: tbailey@bpslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Hughes Mulligan , Jr
Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 (914) 287-6131 Fax: (914) 683-6956 Email: WMulligan@bpslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

A.D. Sutton & Sons, Inc.
Counter Claimant
TERMINATED: 05/20/2010
Robert Lewis Tucker
Tucker & Latifi, LLP 160 East 84th Street New York, NY 10028 (212) 472-6262 Fax: (212) 744-6509 Email: rtucker@tuckerlatifi.com

Bio World Merchandising, Inc.
Counter Claimant
doing business asBio Domes Headgear TERMINATED: 01/06/2010
Alan Todd Gallanty
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Boston America Corp.
Counter Claimant
TERMINATED: 06/02/2010
Barry I Friedman
(See above for address)
ATTORNEY TO BE NOTICED

Briefly Stated, Inc.
Counter Claimant
TERMINATED: 02/04/2010
Alison Giselle Carlson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Joseph Hay
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

W.R. Case & Sons Cutlery
Counter Claimant
TERMINATED: 06/02/2010
Barry I Friedman
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Clean Fun Promotional Marketing, Inc.
Counter Claimant
TERMINATED: 12/18/2009
C-Life Group, Ltd.
Counter Claimant
TERMINATED: 06/21/2010
Saul Adam Mishaan
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew A. Bondy
(See above for address)
ATTORNEY TO BE NOTICED

Coffee Legends, Inc.
Counter Claimant
TERMINATED: 01/07/2010
Desperate Enterprises, Inc.
Defendant
TERMINATED: 01/06/2010
Evandale Gifts LLC
Counter Claimant
TERMINATED: 11/01/2010
Horizon NY Inc.
Counter Claimant
TERMINATED: 07/19/2010
Barry I Friedman
(See above for address)
TERMINATED: 02/23/2011 LEAD ATTORNEY

Houston Harvest Inc.
Counter Claimant
Ann M. Cook
King & Spalding LLP (NYC) 1185 Avenue of the Americas New York, NY 10036 212-556-2349 Fax: 212-556-2222 Email: ACook@KSLAW.com
ATTORNEY TO BE NOTICED

Richard A. Cirillo
King & Spalding LLP (NYC) 1185 Avenue of the Americas New York, NY 10036 (212) 556-2337 Fax: (212) 556-2222 Email: RCirillo@KSLAW.com
ATTORNEY TO BE NOTICED

Innovative Designs LLC
Counter Claimant
TERMINATED: 06/21/2010
Evan Scott Weintraub
Wachtel & Masyr, LLP 885 Second Avenue New York, NY 10017 212-909-9519 Fax: 212-909-9422 Email: eweintraub@wmllp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kolder, Inc.
Counter Claimant
TERMINATED: 01/06/2010
Dan Shaked
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stretch-O-Rama, Inc.
Counter Claimant
TERMINATED: 06/29/2010 doing business asLongstreet TERMINATED: 06/29/2010
Peter A. Axelrod
(See above for address)
ATTORNEY TO BE NOTICED

Unisystems, Inc.
Counter Claimant
doing business asModern Publishing
Robert Penchina
Levine, Sullivan, Koch & Schulz, LLP(NYC) 321 West 44th Street Suite 510 New York, NY 100036 212-850-6109 Fax: 212-850-6299 Email: rpenchina@lskslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plasticolor Molded Products, Inc.
Counter Claimant
TERMINATED: 01/19/2010
Allan Z. Litovsky
Greenberg Traurig, L.L.P. 3161 Michelson Drive Irvine, CA 92612 (949) 732-6500 Fax: (949) 732-6501 Email: litovskya@gtlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robison's, Inc.
Counter Claimant
doing business asPower Trip
Michael P. Doerr
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY PRO HAC VICE

Monte L. Falcoff
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY

Stephanie D. Jones
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY PRO HAC VICE

Thomas Anthony Catalano
(See above for address)
ATTORNEY TO BE NOTICED

Spectore Corp.
Counter Claimant
TERMINATED: 06/21/2010
Barry I Friedman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Technicraft Industries, Inc.
Counter Claimant
TERMINATED: 02/16/2011
Paul Howard Levinson
(See above for address)

The Hut LLC
Counter Claimant
TERMINATED: 02/25/2011
Whiteside Manufactoring Company
Counter Claimant
TERMINATED: 04/23/2010
Joseph Anthony Oliva
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Frank Bastone
(See above for address)

Michael Anthony Suarez
(See above for address)

You and Me Legwear LLC
Counter Claimant
TERMINATED: 07/12/2010
Barry I Friedman
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan P. Harvey Law Firm, PLLC
Movant
Jonathan P. Harvey
Harvey and Mumford, LLP 677 Broadway Albany, NY 12207 (518) 463-4491 Fax: (518)463-5665 Email: jpharvey@jpharveylaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Oleas Enterprise, Inc.
Counter Claimant
TERMINATED: 10/16/2009
Alexander Elias Papaefthimiou
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Darren James Quinn
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marjorie Press Lindblom
(See above for address)
TERMINATED: 10/09/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shima Baradaran-Robison
(See above for address)
TERMINATED: 10/09/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Goodall Bailey , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Hughes Mulligan , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

A.D. Sutton & Sons, Inc.
Counter Claimant
TERMINATED: 05/20/2010
Bio World Merchandising, Inc.
Counter Claimant
doing business asBio Domes Headgear TERMINATED: 01/06/2010
Alan Todd Gallanty
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Boston America Corp.
Counter Claimant
TERMINATED: 06/02/2010
Barry I Friedman
(See above for address)
ATTORNEY TO BE NOTICED

Briefly Stated, Inc.
Counter Claimant
TERMINATED: 02/04/2010
Alison Giselle Carlson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Joseph Hay
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

W.R. Case & Sons Cutlery
Counter Claimant
TERMINATED: 06/02/2010
Barry I Friedman
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Clean Fun Promotional Marketing, Inc.
Counter Claimant
C-Life Group, Ltd.
Counter Claimant
TERMINATED: 06/21/2010
Saul Adam Mishaan
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew A. Bondy
(See above for address)
ATTORNEY TO BE NOTICED

Coffee Legends, Inc.
Counter Claimant
Deperate Enterprises, Inc.
Counter Claimant
Evandale Gifts LLC
Counter Claimant
Horizon NY Inc.
Counter Claimant
Barry I Friedman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Houston Harvest Inc.
Counter Claimant
Ann M. Cook
King & Spalding LLP (NYC) 1185 Avenue of the Americas New York, NY 10036 212-556-2349 Fax: 212-556-2222 Email: ACook@KSLAW.com
ATTORNEY TO BE NOTICED

Richard A. Cirillo
King & Spalding LLP (NYC) 1185 Avenue of the Americas New York, NY 10036 (212) 556-2337 Fax: (212) 556-2222 Email: RCirillo@KSLAW.com
ATTORNEY TO BE NOTICED

Innovative Designs LLC
Counter Claimant
TERMINATED: 06/21/2010
Kolder, Inc.
Counter Claimant
TERMINATED: 01/06/2010
Dan Shaked
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stretch-O-Rama, Inc.
Counter Claimant
TERMINATED: 06/29/2010 doing business asLongstreet TERMINATED: 06/29/2010
Peter A. Axelrod
(See above for address)
ATTORNEY TO BE NOTICED

Unisystems, Inc.
Counter Claimant
doing business asModern Publishing
Plasticolor Molded Products, Inc.
Counter Claimant
Allan Z. Litovsky
Greenberg Traurig, L.L.P. 3161 Michelson Drive Irvine, CA 92612 (949) 732-6500 Fax: (949) 732-6501 Email: litovskya@gtlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robison's, Inc.
Counter Claimant
doing business asPower Trip
Michael P. Doerr
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY PRO HAC VICE

Monte L. Falcoff
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY

Stephanie D. Jones
(See above for address)
TERMINATED: 07/19/2010 LEAD ATTORNEY PRO HAC VICE

Thomas Anthony Catalano
(See above for address)
ATTORNEY TO BE NOTICED

Spectore Corp.
Counter Claimant
TERMINATED: 06/21/2010
Barry I Friedman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Technicraft Industries, Inc.
Counter Claimant
Paul Howard Levinson
(See above for address)
ATTORNEY TO BE NOTICED

The Hut LLC
Counter Claimant
Vending Supply, Inc.
Counter Claimant
TERMINATED: 11/01/2010
Joanne Jennifer Romero
Lewis Brisbois Bisgaard & Smith LLP (Water St) 77 Water Street, Suite 2100 New York, NY 10005 (212)232-1331 Fax: (212)232-1399 Email: romero@lbbslaw.com
ATTORNEY TO BE NOTICED

Jura Christine Zibas
(See above for address)
ATTORNEY TO BE NOTICED

Whiteside Manufactoring Company
Counter Claimant
TERMINATED: 04/23/2010
Joseph Anthony Oliva
(See above for address)
LEAD ATTORNEY

Michael Frank Bastone
(See above for address)

Michael Anthony Suarez
(See above for address)

You and Me Legwear LLC
Counter Claimant
TERMINATED: 07/12/2010
Barry I Friedman
(See above for address)
ATTORNEY TO BE NOTICED

Bio World Merchandising, Inc.
Counter Claimant
Alan Todd Gallanty
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Orange County Choppers, Inc.
Counter Defendant
Justin A. Heller
Nolan & Heller, LLP 39 North Pearl Street Albany, NY 12207 (518)-432-3188 Fax: (518)-432-3123 Email: jheller@nolanandheller.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Weiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Orange County Choppers Merchandising LLC
Counter Defendant
Justin A. Heller
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Martin Mahon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Weiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Orange County Choppers Licensing LLC
Counter Defendant
Justin A. Heller
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Martin Mahon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Weiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-10-09 1 0 Order ORDER: Concluding that the interests of justice will be served if all claims in the above captioned action brought by Orange County Choppers, Inc. against Olaes Enterprises Inc. ("ODM") and all claims brought by ODM against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange County Choppers Licensing LLC (the "OCC Entities") are severed from all claims asserted by or against the other counter-defendants (the "Licensee Entities"), and that there exists no impediment to said severance, IT IS HEREBY ORDERED that all claims by or against the OCC Entities, excepting only claims for indemnification asserted against the OCC Entities by the Licensee Entities, be severed from all claims asserted by or against the Licensee Entities. (Signed by Judge Colleen McMahon on 10/9/09) (rdz) (Entered: 10/14/2009)
2009-10-13 2 0 Notice of Removal NOTICE OF REMOVAL from Supreme Court, County of Orange. Case Number: 2006-6620(ANSWER and COUNTERCLAIMS OF OLAES ENTERPISES.INC.)..Document filed by Oleas Enterprise, Inc., Olaes Enterprises, Inc..(rdz) Modified 10/14/09 (rdz) (Entered: 10/14/2009)
2009-10-14 3 0 Notice of Appearance NOTICE OF APPEARANCE by Richard H. Weiner on behalf of Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc., Orange County Choppers, Inc. (Weiner, Richard) (Entered: 10/14/2009)
2009-10-26 4 0 Order ORDER: It is hereby ordered that JONATHAN P. HARVEY LAW FIRM, PLLC, is granted leave to withdraw as counsel to the defendant licensees in this action. The court sees no basis to impose any conditions on the firm's withdrawal. IT IS FURTHER ORDERED that Defendants, and each of them, have 60 days to appear by new counsel. Defendants are reminded that corporations cannot litigate pro se; they must be represented by counsel. This action remains stayed in all respects until January 8, 2010, at which time all counsel shall appear at 11:00 A.M. for a pre-trial conference at the United States Court House in White Plains, New York. The conference will take place in Courtroom 620. Finally, counsel are advised that the Clerk of the Court was unable to deal with my suggestion for a new docket number for this action and so has assigned this matter the docket number 09 Civ. 8680 (CM)(PED). Please use this docket number on all future filings and correspondence with the court. (Signed by Judge Colleen McMahon on 10/26/2009) (jpo) (Entered: 10/26/2009)
2009-10-28 5 0 Notice of Appearance NOTICE OF APPEARANCE by Jura Christine Zibas on behalf of Vending Supply, Inc. (Zibas, Jura) (Entered: 10/28/2009)
2009-10-28 6 0 Notice of Appearance NOTICE OF APPEARANCE by Joanne Jennifer Romero on behalf of Vending Supply, Inc. (Romero, Joanne) (Entered: 10/28/2009)
2009-10-29 7 0 Letter LETTER addressed to Judge Colleen McMahon from Jonathan P. Harvey Law Firm, PLLC. dated 10/22/2009 re: Enclosed are written responses to the joint motion of Harvey and Munford LLP and Jonathan P. Harvey Law Firm, PLLC to withdraw as counsel, which were initially solicited at the Court's direction from our client who were unable to attend the conference scheduled for October 9, 2009 by the Court on our motion,and which we now forward, pursuant to this Court's October 9, 2009 Order that "any party to the 09 Civ. Action who wishes to be heard in support of or in opposition to the motion by counsel for the Licensee Entities for leave to withdraw...file papers with this Court no later than October 23, 2009". (mbe) (Entered: 10/29/2009)
2009-11-02 8 0 Endorsed Letter ENDORSED LETTER: addressed to Judge Colleen McMahon from Joanne J. Romero dated 10/29/09. re: request that the two actions be harmonized to the extent that the 60-day stay currently in effect in the Licensee Action be applied to the indemnification claims in the OCC Action. This would allow attorneys for the OCC Licensees sufficient time to enter their appearances in the OCC Action ENDORSEMENT: It was my intention that your indemnification would be brought by having you sue OCC as a third party defendant. So Ordered. (Signed by Judge Colleen McMahon on 10/30/09) (js) (Entered: 11/02/2009)
2009-11-17 9 0 Motion to Appear Pro Hac Vice MOTION for Barry I. Friedman to Appear Pro Hac Vice. Document filed by W.R. Case & Sons Cutlery.(mro) (Entered: 11/25/2009)
2009-12-01 10 0 Order on Motion to Appear Pro Hac Vice ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 9 Motion for Barry I. Friedman to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/1/2009) (jfe) (Entered: 12/01/2009)
2009-12-07 11 0 Motion to Dismiss MOTION to Dismiss Desperate Enterprises, Inc.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 12/07/2009)
2009-12-08 12 0 Notice of Appearance NOTICE OF APPEARANCE by Paul Howard Levinson on behalf of Technicraft Industries, Inc. (Levinson, Paul) (Entered: 12/08/2009)
2009-12-16 13 0 Motion to Dismiss MOTION to Dismiss Clean Fun Promotional Marketing, Inc.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 12/16/2009)
2009-12-18 14 0 Order of Dismissal PARTIAL ORDER DISMISSING CLEAN FUN PROMOTIONAL MARKETING INC. WITH PREJUDICE PURSUANT TO FED. R.CIV. P. 41(a)(2): Upon the Motion by 0laes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc41 (a)(2), defendant CLEAN FUN PROMOTIONAL MARKETING, INC. ("CLEAN FUN") is hereby dismissed with prejudice. So Ordered (Signed by Judge Colleen McMahon on 12/17/09) (js) (Entered: 12/18/2009)
2009-12-21 15 0 Notice of Appearance NOTICE OF APPEARANCE by Thomas Anthony Catalano on behalf of Robison's, Inc. (Catalano, Thomas) (Entered: 12/21/2009)
2009-12-21 16 0 Notice of Appearance NOTICE OF APPEARANCE by Robert Penchina on behalf of Unisystems, Inc. (Penchina, Robert) (Entered: 12/21/2009)
2009-12-22 17 0 Notice of Appearance NOTICE OF APPEARANCE by Justin A. Heller on behalf of Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc. (Heller, Justin) (Entered: 12/22/2009)
2009-12-23 18 0 Notice of Appearance NOTICE OF APPEARANCE by Peter A. Axelrod on behalf of Stretch-O-Rama, Inc. (Axelrod, Peter) (Entered: 12/23/2009)
2009-12-22 19 0 Motion to Appear Pro Hac Vice MOTION for Monte L. Falcoff, Michael P. Doerr and Stephanie D. Jones to Appear Pro Hac Vice. Document filed by Robison's, Inc.(mro) (Entered: 12/23/2009)
2009-12-23 20 0 Notice of Appearance NOTICE OF APPEARANCE by Dan Shaked on behalf of Kolder, Inc. (Shaked, Dan) (Entered: 12/23/2009)
2009-12-23 21 0 Notice of Appearance NOTICE OF APPEARANCE by Alan Todd Gallanty on behalf of Bio World Merchandising, Inc. (Gallanty, Alan) (Entered: 12/23/2009)
2009-12-24 22 0 Notice of Appearance NOTICE OF APPEARANCE by Peter A. Axelrod on behalf of Stretch-O-Rama, Inc. (Axelrod, Peter) (Entered: 12/24/2009)
2009-12-24 23 0 Notice of Appearance NOTICE OF APPEARANCE by Evan Scott Weintraub on behalf of Innovative Designs LLC (Weintraub, Evan) (Entered: 12/24/2009)
2009-12-24 24 0 Notice of Appearance NOTICE OF APPEARANCE by Matthew A. Bondy on behalf of C-Life Group, Ltd. (Bondy, Matthew) (Entered: 12/24/2009)
2009-12-24 25 0 Notice of Appearance NOTICE OF APPEARANCE by Saul Adam Mishaan on behalf of C-Life Group, Ltd. (Mishaan, Saul) (Entered: 12/24/2009)
2009-12-28 26 0 Notice of Appearance NOTICE OF APPEARANCE by John Joseph Hay on behalf of Briefly Stated, Inc. (Hay, John) (Entered: 12/28/2009)
2009-12-28 27 0 Notice of Appearance NOTICE OF APPEARANCE by Alison Giselle Naidech on behalf of Briefly Stated, Inc. (Naidech, Alison) (Entered: 12/28/2009)
2009-12-28 28 0 Notice of Appearance NOTICE OF APPEARANCE by Richard A. Cirillo on behalf of Houston Harvest Inc. (Cirillo, Richard) (Entered: 12/28/2009)
2009-12-28 29 0 Notice of Appearance NOTICE OF APPEARANCE by Ann M. Cook on behalf of Houston Harvest Inc. (Cook, Ann) (Entered: 12/28/2009)
2009-12-29 30 0 Motion to Dismiss MOTION to Dismiss Unopposed Motion to Dismiss Counterclaims. Document filed by Kolder, Inc.. (Attachments: # 1 Exhibit A (proposed Order and Consent))(Shaked, Dan) (Entered: 12/29/2009)
2009-12-30 31 0 Motion to Dismiss MOTION to Dismiss Defendant Kolder, Inc.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 12/30/2009)
2009-12-30 32 0 Motion to Dismiss MOTION to Dismiss Bio World Merchandising, Inc. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 12/30/2009)
2010-01-04 33 0 Motion to Dismiss MOTION to Dismiss. Document filed by Bio World Merchandising, Inc.. (Attachments: # 1 Proposed Order and Consent)(Gallanty, Alan) (Entered: 01/04/2010)
2010-01-05 34 0 Order on Motion to Appear Pro Hac Vice ORDER ADMITTING ATTORNEYS PRO HAC VICE: granting 19 Motion for Monte L. Falcoff, Michael P. Doerr and Stephanie D. Jones to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 1/5/2010) (jfe) (Entered: 01/05/2010)
2010-01-06 35 0 Order ORDER REGARDING FEE APPLICATION denying re: (242 in 1:06-cv-07211-CM) MOTION for Attorney Fees by Tabner, Ryan and Keniry, LLP, filed by Tabner, Ryan and Keniry, LLP....Finally, this case, 06-7211, was closed by the Docket Clerk before TRK made its fee application. The Docket Clerk is hereby directed to do the following: (1) reopen this case, as TRK's motion for fees is pending; (2) ensure that this and all future filings reach TRK, which was "terminated" (in ECF parlance) as an attorney to be noticed after its withdrawal (the court is also faxing a copy of this order to TRK); and (3) docket a copy of this order not only in this case, No. 06-7211, but also in the newer case, No. 09-8680. This constitutes the order of the court. (Signed by Judge Colleen McMahon on 1/5/10) Copies sent by chambers.(cd) (Entered: 01/06/2010)
2010-01-06 36 0 Order on Motion to Dismiss MEMO ENDORSED granting 11 Motion to Dismiss Desperate Enterprises, Inc. pursuant to FRCP 41(a)(2), with prejudice. The counterclaim for indemnification by DESPERATE as to or against Orange County Choppers, Orange County Choppers and Orange Choppers Licensing LLC is not dismissed.. (Signed by Judge Colleen McMahon on 1/5/10) (cd) (Entered: 01/06/2010)
2010-01-06 37 0 Order on Motion to Dismiss ORDER granting 33 Motion to Dismiss Bioworld Merchandising d/b/a Bio Domes Headgear with prejudice pursuant to FRCP 41(a)(2). The counterclaim for indemnification by BIOWORLD as to or against Orange County Choppers Merchandising LLC, Orange County Chopper, Inc., and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 1/4/10) (cd) (Entered: 01/06/2010)
2010-01-06 38 0 Order on Motion to Dismiss ORDER DISMISSING KOLDER, INC WITH PREJUDICE PURSUANT TO FRCP 41(A)(2) granting 30 Motion to Dismiss.. (Signed by Judge Colleen McMahon on 1/4/10) (cd) (Entered: 01/06/2010)
2010-01-06 39 0 Order on Motion to Dismiss ORDER OF DISMISSAL WITHOUT PREJUDICE granting 32 Motion to Dismiss pursuant to FRCP 41(a)(2).. (Signed by Judge Colleen McMahon on 1/5/10) (cd) (Entered: 01/06/2010)
2010-01-06 40 0 Order on Motion to Dismiss ORDER OF DISMISSAL WITHOUT PREJUDICE granting 31 Motion to Dismiss, pursuant to FRCP 41(a)(2). (Signed by Judge Colleen McMahon on 1/5/10) (cd) (Entered: 01/06/2010)
2010-01-06 41 0 Motion to Dismiss MOTION to Dismiss Coffee Legends, Inc.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 01/06/2010)
2010-01-07 42 0 Order of Dismissal ORDER DISMISSING COFFEE LEGENDS, INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) Upon the Motion by Olaes Enterprises, Inc" d/b/a ODM, pursuant to Fed. R. Civ. Proc 41(a)(2), defendant COFFEE LEGENDS, INC. is hereby dismissed with prejudice. The counterclaim for indemnification by COFFEE LEGENDS, INC. as to or against Orange County Choppers Merchandising LLC, Orange County Choppers, Inc. and Orange Choppers Licensing LLC is not dismissed. SO ORDERED (Signed by Judge Colleen McMahon on 1/7/2010) (jmi) (Entered: 01/07/2010)
2010-01-07 43 0 Status Report STATUS REPORT. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 01/07/2010)
2010-01-07 44 0 Order of Dismissal ORDER DISMISSAL KOLDER, INC. WITH PREJUDICE PURSUANT TO FRCP 41(a)(2): Upon the Motion by plaintiff Olaes Enterprises, Inc., d/b/a ODM ("ODM"), pursuant toFRCP 41 (a)(2), all claims and causes of action asserted or assertable in this cause by ODM against defendant KOLDER, INC. are hereby DISMISSED WITH PREJUDICE to their refiling. (Signed by Judge Colleen McMahon on 1/7/10) (db) (Entered: 01/07/2010)
2010-01-11 45 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Evan Scott Weintraub on behalf of Innovative Designs LLC. New Address: Wachtel & Masyr, LLP, 885 Second Avenue, 47th floor, New York, NY, USA 10017, 2129099500. (Weintraub, Evan) (Entered: 01/11/2010)
2010-01-11 46 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Paul E. Davison. (Signed by Judge Colleen McMahon on 1/8/2010) (tro) (Entered: 01/11/2010)
2010-01-11 47 0 Case Management Plan CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Plaintiff(s) expert report(s) by 7/2/2010; Defendant(s) expert report(s) by 5/28/2010. Joint Pretrial Order due by 9/24/2010. (Signed by Judge Colleen McMahon on 1/8/2010) (tro) (Entered: 01/11/2010)
2010-01-13 48 0 Motion to Dismiss MOTION to Dismiss Plasticolor. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 01/13/2010)
2010-01-15 49 0 Notice of Appearance NOTICE OF APPEARANCE by Joseph Anthony Oliva on behalf of Whiteside Manufactoring Company (Oliva, Joseph) (Entered: 01/15/2010)
2010-01-15 50 0 Notice of Appearance NOTICE OF APPEARANCE by Michael Anthony Suarez on behalf of Whiteside Manufactoring Company (Suarez, Michael) (Entered: 01/15/2010)
2010-01-15 51 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Michael Frank Bastone on behalf of Whiteside Manufactoring Company. New Address: Goldberg Segalla LLP, 170 Hamilton Ave, Suite 203, White Plains, New York, USA 10601, (914) 798-5444. (Bastone, Michael) (Entered: 01/15/2010)
2010-01-15 52 0 Notice of Appearance NOTICE OF APPEARANCE by Michael Frank Bastone on behalf of Whiteside Manufactoring Company (Bastone, Michael) (Entered: 01/15/2010)
2010-01-19 53 0 Order of Dismissal ORDER OF DISMISSING PLASTICOLOR MOLDED PRODUCTS, INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2); Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc 41(a)(2), defendant PLASTICOLOR MOLDED PRODUCTS, INC. is hereby dismissed with prejudice. The counterclaim for indemnification by PLASTICOLOR MOLDED PRODUCTS, INC. as to or against Orange County Choppers Merchandising LLC, Orange County Choppers, Inc. and Orange Choppers Licensing LLC is not dismissed. SO ORDERED. (Signed by Judge Colleen McMahon on 1/19/2010) (tve) (Entered: 01/19/2010)
2010-01-25 54 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Alan T. Gallanty dated 1/22/10 re: counsel for defendant writes that pursuant to Your Honor's Order dated January 4, 2010, the claims against BioWorid were dismissed with prejudice and pursuant to Your Honor's Order dated January 5, 2010, BioWorld's counterclaims for indemnification were dismissed, but without prejudice to such claims being re-filed. Since that time, it is our understanding that a mechanism has been agreed upon whereby all of the indemnification counterclaimants will jointly move for summary judgment on their claims on or before February 5, 2010. As a result, we respectfully submit that the most efficient course for the parties and the Court is for BioWorld to re-enter the case and join in the joint motion for summary judgment. Indeed, the plaintiff/counterclaim defendant has consented to this approach. We therefore are seeking the Court's guidance with respect to how BioWorld should best proceed in this regard. ENDORSEMENT: Look, is there any opposition to this? If not, can't you proceed by Stipulation? (Signed by Judge Colleen McMahon on 1/25/10) (pl) (Entered: 01/25/2010)
2010-01-27 55 0 Scheduling Order SCHEDULING ORDER: The matter has been scheduled for telephone conference before the HonorablePaul E. Davison, United States Magistrate Judge on February 5,2010 at 9:30am. Plaintiffs counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. (Signed by Magistrate Judge Paul E. Davison on 1/26/2010) (jma) (Entered: 01/27/2010)
2010-01-28 56 0 Stipulation and Order STIPULATION; that the claims and causes of action asserted by BioWorld against OCC are hereby deemed re-filed and reinstated and BioWorld is restored as Counterclaim Plaintiff in this action. So Ordered. (Signed by Judge Colleen McMahon on 1/27/2010) (tve) Modified on 2/3/2010 (tve). (Entered: 01/29/2010)
2010-01-29 57 0 Notice of Appearance NOTICE OF APPEARANCE by Robert Lewis Tucker on behalf of A.D. Sutton & Sons, Inc. (Tucker, Robert) (Entered: 01/29/2010)
2010-02-03 58 0 Motion to Dismiss MOTION to Dismiss Briefly Stated, Inc. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 02/03/2010)
2010-02-04 59 0 Order on Motion to Dismiss ORDER DISMISSING BRIEFLY STATED, INC. WITH PREJUDICE PURSUANT TO FED.R.CIV.P.41(a)(2): granting 58 Motion to Dismiss. Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), defendant BRIEFLY STATED, TNC. is hereby dismissed with prejudice. The counterclaim for indemnification by BRIEFLY STATED, INC. as to or against Orange County Choppers Merchandising LLC, Orange County Choppers, Inc. and Orange Choppers Licensing LLC is not dismissed. SO ORDERED. (Signed by Judge Colleen McMahon on 2/4/2010) (tve) (Entered: 02/04/2010)
2010-02-04 60 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Joseph Anthony Oliva on behalf of Whiteside Manufactoring Company. New Address: Goldberg Segalla, LLP, 11 Martine Avenue, Ste 750, White Plains, New York, USA 10606, 914-798-5440. (Oliva, Joseph) (Entered: 02/04/2010)
2010-02-04 61 0 Notice of Appearance NOTICE OF APPEARANCE by Barry I Friedman on behalf of W.R. Case & Sons Cutlery (Friedman, Barry) (Entered: 02/04/2010)
2010-02-04 62 0 Notice of Appearance NOTICE OF APPEARANCE by Barry I Friedman on behalf of Horizon NY Inc. (Friedman, Barry) (Entered: 02/04/2010)
2010-02-04 63 0 Notice of Appearance NOTICE OF APPEARANCE by Barry I Friedman on behalf of Boston America Corp. (Friedman, Barry) (Entered: 02/04/2010)
2010-02-04 64 0 Notice of Appearance NOTICE OF APPEARANCE by Barry I Friedman on behalf of You and Me Legwear LLC (Friedman, Barry) (Entered: 02/04/2010)
2010-02-05 65 0 Order ORDER... In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes:... So Ordered (Signed by Magistrate Judge Paul E. Davison on 2/5/10) (fk) (Entered: 02/05/2010)
2010-02-05 66 0 Motion for Partial Summary Judgment MOTION for Partial Summary Judgment. Document filed by Whiteside Manufactoring Company, You and Me Legwear LLC, Bio World Merchandising, Inc., A.D. Sutton & Sons, Inc., Boston America Corp., Briefly Stated, Inc., W.R. Case & Sons Cutlery, C-Life Group, Ltd., Horizon NY Inc., Houston Harvest Inc., Innovative Designs LLC, Stretch-O-Rama, Inc., Unisystems, Inc., Plasticolor Molded Products, Inc., Robison's, Inc., Technicraft Industries, Inc., Vending Supply, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Text of Proposed Order)(Friedman, Barry) (Entered: 02/05/2010)
2010-02-05 67 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 66 MOTION for Partial Summary Judgment.. Document filed by Whiteside Manufactoring Company, You and Me Legwear LLC, Bio World Merchandising, Inc., A.D. Sutton & Sons, Inc., Boston America Corp., Briefly Stated, Inc., W.R. Case & Sons Cutlery, C-Life Group, Ltd., Horizon NY Inc., Houston Harvest Inc., Innovative Designs LLC, Stretch-O-Rama, Inc., Unisystems, Inc., Plasticolor Molded Products, Inc., Robison's, Inc., Technicraft Industries, Inc., Vending Supply, Inc.. (Friedman, Barry) (Entered: 02/05/2010)
2010-02-05 68 0 Motion for Partial Summary Judgment FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment Statement of Material Facts. Document filed by Whiteside Manufactoring Company, You and Me Legwear LLC, Bio World Merchandising, Inc., A.D. Sutton & Sons, Inc., Boston America Corp., Briefly Stated, Inc., W.R. Case & Sons Cutlery, C-Life Group, Ltd., Horizon NY Inc., Houston Harvest Inc., Innovative Designs LLC, Stretch-O-Rama, Inc., Unisystems, Inc., Plasticolor Molded Products, Inc., Robison's, Inc., Technicraft Industries, Inc., Vending Supply, Inc. (Friedman, Barry) Modified on 2/8/2010 (db). (Entered: 02/05/2010)
2010-02-08 69 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by Whiteside Manufactoring Company, You and Me Legwear LLC, Bio World Merchandising, Inc., A.D. Sutton & Sons, Inc., Boston America Corp., Briefly Stated, Inc., W.R. Case & Sons Cutlery, C-Life Group, Ltd., Horizon NY Inc., Houston Harvest Inc., Innovative Designs LLC, Stretch-O-Rama, Inc., Unisystems, Inc., Plasticolor Molded Products, Inc., Robison's, Inc., Technicraft Industries, Inc., Vending Supply, Inc.. (Friedman, Barry) (Entered: 02/08/2010)
2010-02-09 70 0 Request to Enter Default REQUEST TO ENTER DEFAULT against Evandale Gifts, LLC. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Affidavit of Darren J. Quinn in Support of Default Against Defendant Evandale Gifts, LLC, # 2 Exhibit 1 - Proof of Services of SAC on Evandale Gifts, LLC)(Quinn, Darren) (Entered: 02/09/2010)
2010-02-09 71 0 Request to Enter Default REQUEST TO ENTER DEFAULT against Spectore Corp. and The Hut LLC. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Affidavit of Darren J. Quinn in Support of Default Against Spectore Corp. and The Hut, LLC)(Quinn, Darren) (Entered: 02/09/2010)
2010-02-12 72 0 Motion for Attorney Fees MOTION for Attorney Fees. Document filed by Jonathan P. Harvey Law Firm, PLLC.(Harvey, Jonathan) (Entered: 02/12/2010)
2010-02-12 73 0 Certificate of Service Other CERTIFICATE OF SERVICE of Affirmation for Legal Fees served on Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, A.D. Sutton & Sons, Inc., Stretch-O-Rama, Inc. d/b/a Longstreet, Vending Supply, Inc., Bio World Merchandising, Inc., Boston America Corp., Horizon NY, Inc., W.R. Case & Sons Cutlery, You and Me Legwear LLC, Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest, Inc., Innovative Designs LLC, Robison's, Inc. d/b/a Power Trip, Technicraft Industries, Inc., Unisystems, Inc. d/b/a Modern Publishing, and Whiteside Manufacturing Company on February 12, 2010. Service was made by Mail and E-Mail. Document filed by Jonathan P. Harvey Law Firm, PLLC. (Harvey, Jonathan) (Entered: 02/12/2010)
2010-02-19 74 0 Motion for Summary Judgment CROSS MOTION for Summary Judgment. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc..(Weiner, Richard) (Entered: 02/19/2010)
2010-02-19 75 0 Affidavit in Support of Motion AFFIDAVIT of Steven Moreau in Support re: 74 CROSS MOTION for Summary Judgment., 66 MOTION for Partial Summary Judgment.. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Attachments: # 1 Exhibit A (1), # 2 Exhibit A (2), # 3 Exhibit B (1), # 4 Exhibit B (2), # 5 Exhibit B (3))(Weiner, Richard) (Entered: 02/19/2010)
2010-02-19 76 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 74 CROSS MOTION for Summary Judgment., 66 MOTION for Partial Summary Judgment. in Support of Cross-Motion for Summary Judgment and in Opposition to Motion for Partial Summary Judgment. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/19/2010)
2010-02-19 77 0 Response in Opposition to Motion RESPONSE in Opposition re: 66 MOTION for Partial Summary Judgment. Response to Rule 56.1 Statement of Material Facts. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/19/2010)
2010-02-19 78 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/19/2010)
2010-02-19 79 0 Certificate of Service Other CERTIFICATE OF SERVICE. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/19/2010)
2010-02-24 80 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/ Dispute. Referred to Magistrate Judge Paul E. Davison. Motions referred to Paul E. Davison. (Signed by Judge Colleen McMahon on 2/24/10) (pl) (Entered: 02/24/2010)
2010-02-25 81 0 Motion for Partial Summary Judgment MOTION for Partial Summary Judgment Re: Copyright Ownership. Document filed by Olaes Enterprises, Inc..(Quinn, Darren) (Entered: 02/25/2010)
2010-02-25 82 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 02/25/2010)
2010-02-25 83 0 Declaration in Support of Motion DECLARATION of Jay S. Kopelowitz in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - America Custom, # 2 Exhibit 2 - OCC Banner, # 3 Exhibit 3 - Iron Feathers, # 4 Exhibit 4 - OCC Banner, # 5 Exhibit 5 - OCC Brigade, # 6 Exhibit 6 - OCC Celtic Shield, # 7 Exhibit 7 - OCC Chrome Spade, # 8 Exhibit OCC Dagger, # 9 Exhibit 9 - OCC Diamond Plate, # 10 Exhibit 10 - OCC Eagle Engine, # 11 Exhibit 11 - OCC Fire Logo, # 12 Exhibit 12 - OCC Fire Pipes, # 13 Exhibit 13 - OCC Fire Web, # 14 Exhibit 14 - OCC Fly By, # 15 Exhibit 15 - Free Rider, # 16 Exhibit 16 - OCC Iron Cross, # 17 Exhibit 17 - OCC Iron Plate, # 18 Exhibit 18 - OCC Liberty, # 19 Exhibit 19 - OCC Metal Shielf, # 20 Exhibit 20 - Sharp Edge, # 21 Exhibit 21 - OCC Show Dagger, # 22 Exhibit 22 - OCC Shred Shield, # 23 Exhibit 23 - OCC Spade Angel, # 24 Exhibit 24 - Super Shield, # 25 Exhibit 25 - Tank Spade, # 26 Exhibit 26 - OCC Tribal Horns, # 27 Exhibit 27 - OCC Tribal Logo, # 28 Exhibit 28 - OCC Winged Spade, # 29 Exhibit 29 - ODM -OCC Agreement, # 30 Exhibit 30 - OCC Trademarks)(Quinn, Darren) (Entered: 02/25/2010)
83 1 Exhibit 1 - America Custom 2010-08-29 17:22:23 5a2629de1095907a2493daf9154c351003f6ec54
83 2 Exhibit 2 - OCC Banner 2010-08-29 17:24:07 4ba7474bb06c1f564b723951788c5fb529100fed
83 3 Exhibit 3 - Iron Feathers
83 4 Exhibit 4 - OCC Banner 2010-08-29 17:40:07 f2de421cfb7dfad6450a14ec21b881e1d839e0b4
83 5 Exhibit 5 - OCC Brigade
83 6 Exhibit 6 - OCC Celtic Shield
83 7 Exhibit 7 - OCC Chrome Spade
83 8 Exhibit OCC Dagger
83 9 Exhibit 9 - OCC Diamond Plate
83 10 Exhibit 10 - OCC Eagle Engine
83 11 Exhibit 11 - OCC Fire Logo
83 12 Exhibit 12 - OCC Fire Pipes 2010-08-29 17:25:06 4803c0e660770fcf3f9c6b3df41fe65ef920831e
83 13 Exhibit 13 - OCC Fire Web
83 14 Exhibit 14 - OCC Fly By
83 15 Exhibit 15 - Free Rider
83 16 Exhibit 16 - OCC Iron Cross
83 17 Exhibit 17 - OCC Iron Plate
83 18 Exhibit 18 - OCC Liberty 2010-08-29 17:35:07 353f56ac779d03fa8af632ea298f42401b7a339b
83 19 Exhibit 19 - OCC Metal Shielf
83 20 Exhibit 20 - Sharp Edge
83 21 Exhibit 21 - OCC Show Dagger
83 22 Exhibit 22 - OCC Shred Shield
83 23 Exhibit 23 - OCC Spade Angel
83 24 Exhibit 24 - Super Shield
83 25 Exhibit 25 - Tank Spade
83 26 Exhibit 26 - OCC Tribal Horns
83 27 Exhibit 27 - OCC Tribal Logo
83 28 Exhibit 28 - OCC Winged Spade
83 29 Exhibit 29 - ODM -OCC Agreement 2010-08-29 17:23:10 dbac9b4ae8eca3f14ab313c3dba0d702855a3aab
83 30 Exhibit 30 - OCC Trademarks
2010-02-25 84 0 Declaration in Support of Motion DECLARATION of Anthony V. Olaes in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 02/25/2010)
2010-02-25 85 0 Declaration in Support of Motion DECLARATION of Darren J. Quinn in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - Orange County Choppers, Inc. v. Olaes Enters., 497 F. Supp. 2d 541, # 2 Exhibit 2 - OA Docket 139 - Second Amended Counterclaim)(Quinn, Darren) (Entered: 02/25/2010)
2010-02-25 86 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 02/25/2010)
2010-02-26 87 0 Notice (Other) NOTICE of in Camera Submission. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/26/2010)
2010-02-26 88 0 Certificate of Service Other CERTIFICATE OF SERVICE. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 02/26/2010)
2010-03-01 89 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Barry I. Friedman dated 3/1/2010 re: Counsel writes requesting whether or not the date the reply brief is due is on 3/5/2010. ENDORSEMENT: March 5. (Signed by Judge Colleen McMahon on 3/1/2010) (tve) (Entered: 03/01/2010)
2010-03-02 90 0 Notice (Other) NOTICE of Letter requesting confirmation of Reply Brief due date. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 03/02/2010)
2010-03-02 91 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Richard Weiner dated 3/2/10 re: Request that the OCC entities have confirmation that their reply brief will be due 3/19/10. ENDORSEMENT: Read my rules and follow them. (Signed by Judge Colleen McMahon on 3/2/10) (cd) (Entered: 03/02/2010)
2010-03-04 92 0 Notice of Appearance NOTICE OF APPEARANCE by Barry I Friedman on behalf of Spectore Corp. (Friedman, Barry) (Entered: 03/04/2010)
2010-03-05 93 0 Reply to Response to Motion REPLY to Response to Motion re: 74 CROSS MOTION for Summary Judgment.. Document filed by You and Me Legwear LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Friedman, Barry) (Entered: 03/05/2010)
2010-03-10 94 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 74 CROSS MOTION for Summary Judgment.. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 03/10/2010)
2010-03-10 95 0 Certificate of Service Other CERTIFICATE OF SERVICE. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 03/10/2010)
2010-03-11 96 0 Certificate of Service Other CERTIFICATE OF SERVICE of Reply Affidavit for Legal Fees served on Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, A.D. Sutton & Sons, Inc., Stretch-O-Rama, Inc. d/b/a Longstreet, Vending Supply, Inc., Bio World Merchandising, Inc., Boston America Corp., Horizon NY, Inc., Spectore Corp., W.R. Case & Sons Cutlery, You and Me Legwear LLC, Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest, Inc., Innovative Designs LLC, Robison's, Inc. d/b/a Power Trip, Technicraft Industries, Inc., Unisystems, Inc. d/b/a Modern Publishing, and Whiteside Manufacturing Company on March 10, 2010. Service was made by Mail and E-Mail. Document filed by Jonathan P. Harvey Law Firm, PLLC. (Harvey, Jonathan) (Entered: 03/11/2010)
2010-03-11 97 0 Response in Opposition to Motion RESPONSE in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Houston Harvest Inc.. (Cirillo, Richard) (Entered: 03/11/2010) 2011-04-27 13:33:24 12ee3b3d5479d31b761154de1c4b611a72919d64
2010-03-11 98 0 Declaration in Opposition to Motion DECLARATION of Constance Larsen in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Houston Harvest Inc.. (Cirillo, Richard) (Entered: 03/11/2010)
2010-03-11 99 0 Motion for Miscellaneous Relief CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment. Document filed by Vending Supply, Inc..(Zibas, Jura) (Entered: 03/11/2010)
2010-03-11 100 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by Vending Supply, Inc.. (Zibas, Jura) (Entered: 03/11/2010)
2010-03-11 101 0 Notice (Other) NOTICE of Withdrawal Without Prejudice As to Defendant Robisons, Inc. Only re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 03/11/2010)
2010-03-11 102 0 Response to Motion RESPONSE to Motion re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by You and Me Legwear LLC, W.R. Case & Sons Cutlery, Horizon NY Inc., Spectore Corp.. (Friedman, Barry) (Entered: 03/11/2010)
2010-03-11 103 0 Declaration in Support of Motion DECLARATION of Jura C. Zibas in Support re: 99 CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.. Document filed by Vending Supply, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Zibas, Jura) (Entered: 03/11/2010)
2010-03-11 104 0 Declaration in Support of Motion DECLARATION of Sherrie Backman in Support re: 99 CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.. Document filed by Vending Supply, Inc.. (Zibas, Jura) (Entered: 03/11/2010)
2010-03-11 105 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 99 CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.CROSS MOTION for an Order, pursuant to Rule 56(f) of the Fed.R.Civ.Pro denying Plaintiff's Motion for Partial Summary Judgment, or, in the alternative, granting a continuance of the Motion for Partial Summary Judgment.. Document filed by Vending Supply, Inc.. (Zibas, Jura) (Entered: 03/11/2010)
2010-03-11 106 0 Counter Statement to Rule 56.1 COUNTER STATEMENT TO 82 Rule 56.1 Statement. Document filed by You and Me Legwear LLC, W.R. Case & Sons Cutlery, Horizon NY Inc., Spectore Corp.. (Friedman, Barry) (Entered: 03/11/2010)
2010-03-11 107 0 Declaration in Opposition to Motion DECLARATION of Robert Penchina in Opposition re: 66 MOTION for Partial Summary Judgment.. Document filed by Unisystems, Inc.. (Penchina, Robert) (Entered: 03/11/2010)
2010-03-11 108 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 66 MOTION for Partial Summary Judgment.. Document filed by Unisystems, Inc.. (Penchina, Robert) (Entered: 03/11/2010)
2010-03-11 109 0 Response in Opposition to Motion RESPONSE in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by C-Life Group, Ltd.. (Bondy, Matthew) (Entered: 03/11/2010)
2010-03-11 110 0 Declaration in Opposition to Motion DECLARATION of Hymie Shama as President of C-Life Group Ltd. in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by C-Life Group, Ltd.. (Bondy, Matthew) (Entered: 03/11/2010)
2010-03-11 111 0 Motion for Partial Summary Judgment FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Partial Summary Judgment Memorandum of Law. Document filed by Technicraft Industries, Inc.. Responses due by 3/11/2010(Levinson, Paul) Modified on 3/12/2010 (jar). (Entered: 03/11/2010)
2010-03-11 112 0 Declaration in Opposition to Motion DECLARATION of Paul H. Levinson in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Technicraft Industries, Inc.. (Levinson, Paul) (Entered: 03/11/2010)
2010-03-11 113 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Technicraft Industries, Inc.. (Levinson, Paul) (Entered: 03/11/2010)
2010-03-12 114 0 Order ORDER: On Wednesday, March 24, 2010, at 11 :00 am, this Court will coilduct a conference to address the discovery dispute outlined in letters by counsel for Robison's, Inc., d/b/a Power Trip and the OCC Entities dated March 2nd and March 9th, 201 0, respectively. Counsel for other parties are welcome, but are not required to attend. So Ordered. (Signed by Magistrate Judge Paul E. Davison on 3/12/10) (fk) (Entered: 03/12/2010)
2010-03-16 115 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Jonathan P. Harvey on behalf of Jonathan P. Harvey Law Firm, PLLC. New Address: 677 Broadway, Albany, New York, USA 12207,. (Harvey, Jonathan) (Entered: 03/16/2010)
2010-03-18 116 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership. (Consolidated Reply As to Certain Defendants). Document filed by Olaes Enterprises, Inc.. (Papaefthimiou, Alexander) (Entered: 03/18/2010)
2010-03-18 117 0 Reply Affidavit in Support of Motion REPLY AFFIDAVIT of Alexander Papaefthimiou in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership.. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - Default of Spectore, # 2 Exhibit 2 - Discovery from Opposing Defendants, # 3 Exhibit 3 - Discovery from Other Defendants - Part 1 of 3, # 4 Exhibit 3 - Discovery from Other Defendants - Part 2 of 3, # 5 Exhibit 3 - Discovery from Other Defendants - Part 3 of 3)(Papaefthimiou, Alexander) (Entered: 03/18/2010)
2010-03-18 118 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 81 MOTION for Partial Summary Judgment Re: Copyright Ownership. (As to Defendant Vending Supply, Inc. Only). Document filed by Olaes Enterprises, Inc.. (Papaefthimiou, Alexander) (Entered: 03/18/2010)
2010-03-23 119 0 Order ORDER: On Friday, April 2, 2010, at 2:30 pm, this Court will conduct a telephone conference to address the motion for sanctions filed by Plaintiff Olaes Enterprises, Inc. against Defendants Horizon NY, Inc., You and Me Legwear, LLC, Spectore Corp., and C-Life Group, Ltd. Counsel for other parties are welcome to, but are not required to, participate. Counsel for Plaintiff is to initiate the call with all participating parties on the line. (Signed by Magistrate Judge Paul E. Davison on 3/23/10) (fk) (Entered: 03/23/2010)
2010-04-01 120 0 Motion to Dismiss MOTION to Dismiss Robison's Inc. d/b/a Power Trip. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 04/01/2010)
2010-04-01 121 0 Order on Motion to Dismiss ORDER DISMISSING ROBISON'S INC. d/b/a POWER TRIP WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2); that upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant ROBISON'S INC., d/b/a POWER TRIP is hereby dismissed with prejudice. The cross-claim for indemnification by ROBISON'S INC., d/b/a POWER TRIP as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 4/1/10) (pl) (Entered: 04/01/2010)
2010-04-23 122 0 Motion to Dismiss MOTION to Dismiss Whiteside Man. Company. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 04/23/2010)
2010-04-23 123 0 Order of Dismissal ORDER DISMISSING WHITESIDE MANUFACTURING COMPANY WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant WHITESIDE MANUFACTURING COMPANY is hereby dismissed with prejudice. The cross-claim for indemnification by WHITESIDE MANUFACTURING COMPANY as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 4/23/2010) (tve) (Entered: 04/23/2010)
2010-05-05 124 0 Motion to Dismiss MOTION to Dismiss Modern Publishing. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 05/05/2010)
2010-05-06 125 0 Order ORDER DISMISSING WHITESIDE UNISYSTEMS, INC., d/b/a MODERN PUBLISHING WITH PREJUDICE PURSUANT TO FED. R. CIV. P.41(a)(2). Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed.R.Civ.Proc.41(a)(2), Defendant UNISYSTEMS, INC., d/b/a MODERN PUBLISHING is hereby dismissed with prejudice. The cross-claim for indemnification by UNISYSTEMS, INC., d/b/a MODERN PUBLISHING as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 5/5/10) (djc) (Entered: 05/06/2010)
2010-05-07 126 0 Transcript TRANSCRIPT of proceedings held on March 24, 2010 before Magistrate Judge Paul E. Davison. Court Reporter: Mary M. Staten. (dcr) (Entered: 05/07/2010)
2010-05-07 127 0 Motion to Dismiss MOTION to Dismiss Technicraft. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 05/07/2010)
2010-05-11 128 0 Order of Dismissal ORDER OF DISMISSAL TECHNICRAFT INDUSTRIES, INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41 (a)(2) Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant TECHNICRAFT INDUSTRIES, INC. is hereby dismissed with prejudice. The cross-claim for indemnification by TECHNICRAFT INDUSTRIES, INC. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. SO ORDERED (Signed by Judge Colleen McMahon on 5/10/2010) (jmi) (Entered: 05/11/2010)
2010-05-14 129 0 Order ORDER:On Friday, May 21,2010, at 2:30pm, this Court will conduct a conference to address the discovery dispute outlined in letters by counsel for Robinson's Inc. d/b/a Power Trip and the OCC Entities dated May 7th and May 14th,2010, respectively. Counsel for other parties are welcome, but are not required to attend. SO ORDERED (Signed by Magistrate Judge Paul E. Davison on 5/14/2010) (rj) (Entered: 05/14/2010)
2010-05-14 130 0 Order ORDER:On Friday, May 21,2010, at 3:00pm, this Court will conduct a conference to address the discovery disputes indentified in the letters by counsel for Vending Supply, Inc. dated May 7,2010. Any response by Olases Enterprises, Inc. is to be submitted by May 19,2010. Counsel for other parties are welcome, but not required to attend. SO ORDERED (Signed by Magistrate Judge Paul E. Davison on 5/14/2010) (rj) (Entered: 05/14/2010)
2010-05-14 131 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Joanne J. Romero dated 5/14/2010 re:..VSi would like Your Honor's guidance and assistance with respect to same and requests an Order that ODM reschedule the depositions pending resolution of the discovery dispute or, if necessary, produce its witnesses for additional depositions should ODM be ordered to produce further discovery following the depositions... ENDORSEMENT: The Court will reserve decision as to the issues presented by this letter until the scheduled conference. The parties are encouraged to preserve the status quo to avoid possible multiple depositions. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/14/2010) (mml) (Entered: 05/17/2010)
2010-05-17 132 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Justin A. Heller dated 5/17/2010 re:..The OCC Entities have no objection to this request. The OCC Entities furthcr request that they be permitted to participate in the above-referenced conference via telephone as well. ENDORSEMENT: Application Granted. This conference will be on the record. However, both parties request to appear telephonically is Granted. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/17/2010) (mml) (Entered: 05/17/2010)
2010-05-18 133 0 Motion to Dismiss MOTION to Dismiss A.D. Sutton. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 05/18/2010)
2010-05-20 134 0 Order of Dismissal ORDER DISMISSING A.D. SUTTON & SONS, INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41 (a)(2), Defendant A.D. SUTION & SONS, INC. is hereby dismissed with prejudice. The cross-claim for indemnification by AD. SUTTON & SONS, INC. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 5/19/2010) (jfe) (Entered: 05/20/2010)
2010-05-20 135 0 Notice (Other) NOTICE OF REPORT AND RECOMMENDATION...In order to preserve the confidentiality of the information presented in connection with the fee dispute, the Report and Recommendation has not been filed or docketed, pending final determination by the Court on sealing issue. Because it necessarily contains references to the confidential matters that motivated the request for sealing, the Report and Recommendation includes a recommendation that it, along with the briefing on the motion, be accepted by the Court for filing under seal...(Signed by Magistrate Judge Paul E. Davison on 5/19/2010) (rj) (Entered: 05/20/2010)
2010-05-24 136 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Joanne Romero dated 5/21/10 re: Request for a two week extension to produce Vending Supply's expert reports. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/24/10) (cd) (Entered: 05/24/2010)
2010-06-01 137 0 Motion to Dismiss MOTION to Dismiss Defendant Boston America Corp. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/01/2010)
2010-06-01 138 0 Motion to Dismiss MOTION to Dismiss Defendant W.R. Case & Sons. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/01/2010)
2010-06-02 139 0 Order of Dismissal ORDER DISMISSING W.R. CASE & SONS CUTLERY WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(A)(2): Upon the Motion by Olaes Enterprises, Inc. d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant W.R. Case & Sons Cutlery is hereby dismissed with prejudice. The cross-claim for indemnification by W.R. Case & Sons Cutlery as to or against Orange County Choppers, Inc. Orange County Choppers Merchandising LLC. and Orange Choppers Licensing LLC. is not dismissed. So ordered. (Signed by Judge Colleen McMahon on 6/2/2010) (js) (Entered: 06/02/2010)
2010-06-02 140 0 Order of Dismissal ORDER DISMISSING BOSTON AMERICA CORP. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a/ ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant Boston American Corp. is hereby dismissed with prejudice. the cross-claim for indemnification by Boston America Corp. as to or against orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers licensing LLC. is not dismissed. So Ordered. (Signed by Judge Colleen McMahon on 6/2/2010) (js) (Entered: 06/02/2010)
2010-06-07 141 0 Notice (Other) NOTICE of In Camera Submission. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 06/07/2010)
2010-06-07 142 0 Certificate of Service Other CERTIFICATE OF SERVICE. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 06/07/2010)
2010-06-09 143 0 Notice (Other) NOTICE of Letter. Document filed by Orange County Choppers Merchandising LLC, Orange County Choppers Licensing LLC, Orange County Choppers, Inc.. (Weiner, Richard) (Entered: 06/09/2010)
2010-06-10 144 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Jonathan P. Harvey on behalf of Jonathan P. Harvey Law Firm, PLLC. New Address: Jonathan P. Harvey Law Firm, PLLC, 677 Broadway, Albany, New York, USA 12207, 518-463-4491. (Harvey, Jonathan) (Entered: 06/10/2010)
2010-06-10 145 0 Motion to Withdraw as Attorney MOTION for Michael P. Doerr, Monte L. Falcoff, Stephanie D. Jones to Withdraw as Attorney for Robison's Inc., d/b/a Power Trip. Document filed by Robison's, Inc..(Doerr, Michael) (Entered: 06/10/2010)
2010-06-10 146 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 145 MOTION for Michael P. Doerr, Monte L. Falcoff, Stephanie D. Jones to Withdraw as Attorney for Robison's Inc., d/b/a Power Trip.. Document filed by Robison's, Inc.. (Attachments: # 1 Exhibit A-Declaration of Michael P. Doerr)(Doerr, Michael) (Entered: 06/10/2010)
2010-06-10 147 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Richard H. Weiner dated 6/9/2010 re: Requesting the Courts permission to conduct the deposition of the OCC Entities' 30(b)(6) designee after the date scheduled for the close of discovery. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 6/9/2010) (jpo) (Entered: 06/10/2010)
2010-06-14 148 0 Order ORDER: On Monday, June 21, 2010, at 2:30 pm, this Court will conduct a conference to address the discovery disputes identified in the letters by counsel for Olaes Enterprises, Inc. dated June 11, 2010, which involve Horizon NY, Inc. ("Horizon"), Houston Harvest, Inc. ("Houston"), Stretch-0-Rarna, Inc. d/b/a Longstreet ("Longstreet"), and Vending Supply, Inc. ("VSI"). Any responses by Horizon, Houston, Longstreet, or VSI are to be submitted by June 17, 2010. An attorney representing each party to these disputes shall appear in person for the conference. Counsel for other parties are welcome, but are not required to attend. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/14/2010) (mml) (Entered: 06/15/2010)
2010-06-21 149 0 Motion to Dismiss MOTION to Dismiss C-LIFE GROUP, LTD.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/21/2010)
2010-06-21 150 0 Motion to Dismiss MOTION to Dismiss Innovative Designs, LLC. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/21/2010)
2010-06-21 151 0 Motion to Dismiss MOTION to Dismiss Spectore Corp.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/21/2010)
2010-06-18 152 0 Endorsed Letter ENDORSED LETTER addressed to Judge Paul E. Davison from Darren J. Quinn dated 6/18/2010 re: I request permission to attend telephonically to supplement, if necessary, any argument by Mr. Bailey on behalf of ODM. I was in New York this week bu I have flown back to California for Fathers Day. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED (Signed by Magistrate Judge Paul E. Davison on 6/18/2010) (rj) (Entered: 06/21/2010)
2010-06-21 153 0 Order of Dismissal ORDER DISMISSING INNOVATIVE DESIGNS, LLC WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Giaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant INNOVATIVE DESIGNS, LLC is hereby dismissed with prejudice. The cross-claim for indemnification by INNOVATIVE DESIGNS, LLC as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 6/21/2010) (jfe) (Entered: 06/21/2010)
2010-06-21 154 0 Order of Dismissal ORDER DISMISSING SPECTORE CORP. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41 (a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant SPECTORE CORP. is hereby dismissed with prejudice. The cross-claim for indemnification by SPECTORE CORP. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC ;s not dismissed. (Signed by Judge Colleen McMahon on 6/21/2010) (jfe) (Entered: 06/21/2010)
2010-06-21 155 0 Order of Dismissal ORDER DISMISSING C-LIFE GROUP, LTD. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41 (a)(2), Defendant C-LIFE GROUP, LTD. is hereby dismissed with prejudice. The cross~c1aim for indemnification by C-LIFE GROUP, LTD. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 6/21/2010) (jfe) (Entered: 06/21/2010)
2010-06-25 156 0 Motion to Dismiss MOTION to Dismiss Strech O Rama d/b/a Longstreet. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/25/2010)
2010-06-25 157 0 Motion to Dismiss MOTION to Dismiss You and Me Legwear. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 06/25/2010)
2010-06-25 158 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Joanne J. Romero dated 6/24/2010 re: Counsel write jointly to request the Court's permission to continue to conduct expert discovery after 7/2/2010 as specifically delineated in this letter. Counsel requests that Your Honor grant VSi until 8/16/2010 to complete expert discovery as further set forth in this letter. Counsel also respectfully requests permission to schedule VSi's economic expert's deposition for the week of 7/5/2010 or at a mutually convenient time for the parties thereafter in July. ENDORSEMENT: OK- so ordered. (Signed by Judge Colleen McMahon on 6/25/2010) (tro) (Entered: 06/26/2010)
2010-06-28 159 0 Motion for Extension of Time to Complete Discovery FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to Complete Discovery request that the discovery cut-off be extended to a date after the joint motion for summary judgment and cross-motion are decided. Document filed by Robison's, Inc. (Catalano, Thomas) Modified on 6/30/2010 (db). (Entered: 06/28/2010)
2010-06-29 160 0 Motion for Extension of Time to Complete Discovery FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CROSS MOTION for Extension of Time to Complete Discovery Join in Robison's application. Document filed by Whiteside Manufactoring Company.(Oliva, Joseph) Modified on 7/1/2010 (db). (Entered: 06/29/2010)
2010-06-28 161 0 Endorsed Letter ENDORSED LETTER addressed to Judge Paul E. Davison from Joanne J. Romero dated 6/25/2010 We represent Vending Supply inc ("VSI"). We write in response to Olaes Enterprises, inc d/b/a ODM's ("ODM") June 24, 2010 letter addressing directions not to answer certain questions posed to VSi's 30(b)(6) designee during the June 15, 2010 deposition... ENDORSEMENT: Usi shall provide a sworn declaration of its 30(b)(6) witness--as offered on page 2-- by 6/30/2010. ODM's application is otherwise denied. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/28/2010) (jty) (Entered: 06/29/2010)
2010-06-28 162 0 Order ORDER AUTHORIZING SERVICES OF A SUBPOENA OF JAMES BELL VIA EMAIL:...For good cause appearing, the court authorizes plaintiff Olaes Enterprises, Inc. ("ODM") to serve a subpoena on James Bell via the email address jimbelli2@gmail.com. SO ORDERED (Signed by Magistrate Judge Paul E. Davison on 6/28/2010) (rj) (Entered: 06/29/2010)
2010-06-29 163 0 Response in Opposition to Motion FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition re: 159 MOTION for Extension of Time to Complete Discovery request that the discovery cut-off be extended to a date after the joint motion for summary judgment and cross-motion are decided. Document filed by Olaes Enterprises, Inc. (Bailey, Thomas) Modified on 7/1/2010 (db). (Entered: 06/29/2010)
2010-06-29 164 0 Motion for Extension of Time to Complete Discovery FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Extension of Time to Complete Discovery extend discovery deadline and/or to hold it in abeyance. Document filed by Vending Supply, Inc. (Romero, Joanne) Modified on 7/1/2010 (db). (Entered: 06/29/2010)
2010-06-29 165 0 Response in Support of Motion FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Support re: 159 MOTION for Extension of Time to Complete Discovery request that the discovery cut-off be extended to a date after the joint motion for summary judgment and cross-motion are decided. Document filed by Technicraft Industries, Inc. (Levinson, Paul) Modified on 7/1/2010 (db). (Entered: 06/29/2010)
2010-06-30 166 0 Response in Support of Motion RESPONSE in Support re: 160 CROSS MOTION for Extension of Time to Complete Discovery Join in Robison's application., 159 MOTION for Extension of Time to Complete Discovery request that the discovery cut-off be extended to a date after the joint motion for summary judgment and cross-motion are decided., 164 JOINT MOTION for Extension of Time to Complete Discovery extend discovery deadline and/or to hold it in abeyance.. Document filed by Houston Harvest Inc.. (Cirillo, Richard) (Entered: 06/30/2010)
2010-06-29 167 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Joanne J. Romero dated 6/24/2010 re: Requesting that the Court grant VSI until August 16, 2010 to complete expert discovery and requesting permission to schedule a deposition for the week of July 5, 2010. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 6/29/2010) (jpo) (jpo). (Entered: 06/30/2010)
2010-06-29 168 0 Order on Motion to Dismiss ORDER DISMISSING STRETCH-O-RAMA, d/b/a LONGSTREET WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41 (a)(2), Defendant STRETCHO-O-RAMA d/b/a LONGSTREET is hereby dismissed with prejudice. The cross-claim for indemnification by STRETCHO-O-RAMA d/b/a LONGSTREET as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 6/29/2010) (jpo) (Entered: 06/30/2010)
2010-06-30 169 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Thomas A. Catalano dated 6/28/2010 re: Requesting that the discovery cut-off be extended to a date after the joint motion for summary judgment and cross-motion are decided. ENDORSEMENT: Granted. The cut-off date will be held in abeyance until the motions are decided. We are working on the motions now, but they will not be decided in the next few weeks, And stop filing your requests for extensions as motions; they are letters, and and should be sent only to the Court, not filed on ECF. (Signed by Judge Colleen McMahon on 6/30/2010) (jpo) (Entered: 06/30/2010)
2010-07-01 170 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Thomas Bailey dated 6/30/10 re: In opposition to 6/29/10 letter by Vending Supply seeking an adjournment of the 7/2/10 discovery cutoff date. ENDORSEMENT: I do not need to receive any more LETTERS in this case-and will ignore them. (Signed by Judge Colleen McMahon on 6/30/10) (cd) (Entered: 07/02/2010)
2010-06-29 171 0 Order on Motion to Dismiss ORDER DISMISSING YOU AND ME LEGWEAR, LLC WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant YOU AND ME LEGWEAR, LLC is hereby dismissed with prejudice. The cross-claim for indemnification by YOU AND ME LEGWEAR, LLC as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 6/29/2010) (jpo) (Entered: 07/12/2010)
2010-07-12 172 0 Order MEMO-ENDORSEMENT; re: MOTION TO DISMISS YOU AND ME LEGWEAR, LLCPURSUANT TO FED R. CIV. P. 41(a)(2). ENDORSEMENT: Motion granted. (Signed by Judge Colleen McMahon on 7/12/10) (pl) (Entered: 07/12/2010)
2010-07-19 173 0 Order on Motion to Withdraw as Attorney MEMO ENDORSED granting 145 Motion to Withdraw as Attorney. Attorney Stephanie D. Jones; Michael P. Doerr and Monte L. Falcoff terminated. (Signed by Judge Colleen McMahon on 7/19/10) (cd) (Entered: 07/19/2010)
2010-07-19 174 0 Judgment JUDGMENT #10,1223 in favor of Olaes Enterprises, Inc. against Horizon NY Inc. in the amount of $ 90,000.00. (Signed by Judge Colleen McMahon on 7/19/2010) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 07/19/2010)
2010-07-28 175 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Richard A. Cirillo dated 7/26/10 re: counsel for Houston Harvest, Inc. ask the court to direct Houston Harvest and ODM to mediation under that program. ENDORSEMENT: No Motions - is ODM interested in mediation? (Signed by Judge Colleen McMahon on 7/28/10) (pl) (Entered: 07/28/2010)
2010-07-30 176 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Darren J. Quinn dated 7/28/2010 re: ODM will agree to participate in a separate telephonic or video conference mediation with VSI. VSI has no objection to a mediation being conducted via telephonic or video conference. ENDORSEMENT: I have no problem with telephone mediation. Get on with it. (Signed by Judge Colleen McMahon on 7/28/2010) (jar) (Entered: 07/30/2010)
2010-08-06 177 0 Order on Motion for Partial Summary Judgment DECISION AND ORDER DENYING ALL PENDING MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT: For the reasons set forth above, all pending motions for summary judgment or partial summary judgment are denied, as is the Rule 56(f) motion asserted by the remaining Licensees. The Clerk of the Court is directed to remove the motions at Docket Nos. 66, 74, 81 and 99 from the Court's list of pending motions. The Court will permit 90 days for additional discovery consistent with this opinion. At the end of those 90 days, I want to try the issue of indemnity as quickly as possible. Because of the congested state of my criminal docket, I strongly urge OCC and the Licensees to consent to trial before Magistrate Judge Davison. I believe that resolution of this issue in the short term is critically important-if only because I cannot decide the pending motion for reimbursement by Licensees' former counsel (Docket No. 72) until it is resolved. I am advised that there are settlement talks, and even mediations, ongoing between ODM and the remaining defendants. I will defer setting ODM's copyright infringement case for trial until we see whether those talks are fruitful. This constitutes the decision and order of this Court. (Signed by Judge Colleen McMahon on 8/6/2010) (jpo) (Entered: 08/06/2010) 2010-08-29 17:01:07 e4b0323d89c3c3251579a080b87a620613fefb94
2010-08-20 178 0 Notice of Mediator Assignment NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: 08/20/2010)
2010-08-31 179 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Joanne Jennifer Romero on behalf of Vending Supply, Inc.. New Address: Lewis Brisbois Bisgaard & Smith LLP, 77 Water Street, 20th Floor, New York, New York, USA 10005, 212-232-1300. (Romero, Joanne) (Entered: 08/31/2010)
2010-10-05 180 0 Motion to Dismiss FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Dismiss Houston Harvest. Document filed by Olaes Enterprises, Inc. (Bailey, Thomas) Modified on 10/7/2010 (db). (Entered: 10/05/2010)
2010-10-05 181 0 Order of Dismissal ORDER DISMISSING HOUSTON HARVEST INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): Upon the Motion by Olaes Enterprises, Inc., d/b/a ODM, pursuant to Fed. R. Civ. Proc. 41(a)(2), Defendant HOUSTON HARVEST INC. is hereby dismissed with prejudice. The cross-claim for indemnification by HOUSTON HARVEST INC. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 10/5/2010) (jfe) (Entered: 10/05/2010)
2010-10-13 182 0 Order MEDIATION ORDER: All remaining parties to this action are ordered to mediation under the Alternative Dispute Resolution Program of this Court (Local Civil Rule 83.12). An order of references is attached. This action is stayed for ninety days pending the results of mediation. (Signed by Judge Colleen McMahon on 10/13/2010) (jfe) (Entered: 10/13/2010)
2010-10-13 183 0 Mediation Referral Order ORDER CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. (Signed by Judge Colleen McMahon on 10/13/2010) (jfe) (Entered: 10/13/2010)
2010-10-20 184 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Jonathan P. Harvey dated 10/18/2010 re: Counsel request to have their motion decided by having the Court accept magistrate Judge's Recommendation and adopting his Report as its opinion without further delay. ENDORSEMENT: Your claim was not sent to mediation. So Ordered. (Signed by Judge Colleen McMahon on 10/20/2010) (jfe) (Entered: 10/25/2010)
2010-10-29 185 0 Motion to Dismiss MOTION to Dismiss Vending Supply, Inc.. Document filed by Olaes Enterprises, Inc..(Bailey, Thomas) (Entered: 10/29/2010)
2010-10-29 186 0 Notice (Other) NOTICE of Dismiss Evandale Gifts, LLC. Document filed by Olaes Enterprises, Inc.. (Bailey, Thomas) (Entered: 10/29/2010)
2010-11-01 187 0 Order of Dismissal ORDER DISMISSING EVANDALE GIFTS, LLC WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1), defendant EVANDALE GIFTS, LLC is hereby dismissed without prejudice. Evandale Gifts LLC terminated. (Signed by Judge Colleen McMahon on 11/1/2010) (lnl) (Entered: 11/01/2010)
2010-11-01 188 0 Order on Motion to Dismiss ORDER DISMISSING VENDING SUPPLY, INC. WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2), defendant VENDING SUPPLY, INC. is hereby dismissed with prejudice. The cross-claim for indemnification by VENDING SUPPLY, INC. as to or against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange Choppers Licensing LLC is not dismissed. (Signed by Judge Colleen McMahon on 11/1/2010) (lnl) (Entered: 11/01/2010)
2010-11-04 189 0 Order CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Telephone Conference to Monday, November 8, 2010 at 11:00 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, NY 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Telephone Conference set for 11/8/2010 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon) (Signed by Judge Colleen McMahon on 11/4/2010) (lnl) (Entered: 11/04/2010)
2010-11-05 190 0 Order CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone Conference, before the Honorable Colleen McMahon, United States District Judge, on Wednesday, November 10, 2010 at 2:00 P.M. in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Signed by Judge Colleen McMahon on 11/5/2010) (jfe) (Entered: 11/05/2010)
2010-11-29 191 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Justin A. Heller dated 11/29/2010 re: Counsel for Orange County Choppers, Inc., Orange County Choppers Licensing, LLC and Orange County Choppers Merchandising LLC writes: As your honor knows, this matter has been referred to mediation. The mediation conference is scheduled for December 1, 2010 at 10:00 a.m. I have been advised by the OCC Entities that they lack the financial resources and are therefore unable to pay any amount or offer any consideration to settle this matter. As an example of the OCC Entities' current financial condition, a state-court mortgage foreclosure action was commenced against their business premises (which is owned by an affiliated company) approximately two weeks ago. Consequently, the OCC Entities intend to take a "no offer" posture at the mediation. Accordingly, it appears very doubtful the mediation will result in a settlement, and, in order to avoid wasting the Court's mediation resources and the resources of the numerous parties, I request that the Court terminate the mediation. ENDORSEMENT: NO. (Signed by Judge Colleen McMahon on 11/29/2010) (lnl) (Entered: 11/29/2010)
2010-12-08 192 0 Motion for Default Judgment MOTION for Default Judgment as to Defendant The Hut LLC. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - ODM Second Amended Counterclaim, # 2 Exhibit 2 - Default Against The Hut, # 3 Text of Proposed Order Proposed Judgment)(Quinn, Darren) (Entered: 12/08/2010)
2010-12-08 193 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 192 MOTION for Default Judgment as to Defendant The Hut LLC.. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 12/08/2010)
2010-12-08 194 0 Affidavit in Support of Motion AFFIDAVIT of Darren J. Quinn in Support re: 192 MOTION for Default Judgment as to Defendant The Hut LLC.. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - Court Approved Interrogatory Response by The Hut, # 2 Exhibit 2 - Royalty Reports from The Hut, # 3 Exhibit 3 - OCC Dagger Infringing Images, # 4 Exhibit 4 - American Custom Infringing Images, # 5 Exhibit 5 - OCC Winged Spade Infringing Images, # 6 Exhibit 6 - OCC Eagle Engine Infringing Images)(Quinn, Darren) (Entered: 12/08/2010)
2010-12-08 195 0 Affidavit in Opposition to Motion AFFIDAVIT of Jay S. Kopelowitz in Opposition re: 192 MOTION for Default Judgment as to Defendant The Hut LLC.. Document filed by Olaes Enterprises, Inc.. (Attachments: # 1 Exhibit 1 - OCC License Agreement, # 2 Exhibit 2 - OCC Trademarks, # 3 Exhibit 3 - American Custom Copyright Registration, # 4 Exhibit 4 - OCC Dagger Copyright Registration, # 5 Exhibit 5 - OCC Eagle Engine Copyright Registration, # 6 Exhibit 6 - OCC Winged Spade Copyright Registration, # 7 Exhibit 7 - Separated Images without Text)(Quinn, Darren) (Entered: 12/08/2010)
2010-12-10 196 0 Stipulation of Voluntary Dismissal DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Orange County Choppers Merchandising LLC, Orange County Choppers, Inc., Orange County Choppers Licensing LLC and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Olaes Enterprises, Inc., Orange County Choppers, Inc., Oleas Enterprise, Inc., Orange County Choppers Merchandising LLC, Boston America Corp., Orange County Choppers, Inc., Orange County Choppers Licensing LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Friedman, Barry) Modified on 12/13/2010 (dt). (Entered: 12/10/2010)
2010-12-13 197 0 Stipulation and Order of Dismissal JOINT STIPULATION TO DISMISS INDEMNITY COUNTERCLAIM AS TO BOSTON AMERICA CORP pursuant to FRCP 41(a)(2)and 41(c) and the confidential terms of a settlement entered into between Boston and the OCC Entities, Counterclaim Plaintiff Boston dismisses with prejudice its counterclaim against the OCC Entities with prejudice. Plaintiff ODM has previously dismissed Defendant Boston with prejudice. See Docket No. 140. The OCC Entites assert no claims against Boston. Accordingly, Boston can be terminated as a party from this action. (Signed by Judge Colleen McMahon on 12/13/10) (cd) (Entered: 12/13/2010)
2010-12-14 198 0 Stipulation of Voluntary Dismissal FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, Orange County Choppers, Inc., Orange County Choppers Licensing LLC and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by You and Me Legwear LLC, Olaes Enterprises, Inc., Orange County Choppers, Inc., Oleas Enterprise, Inc., Orange County Choppers Merchandising LLC, Orange County Choppers, Inc., Orange County Choppers Licensing LLC. (Attachments: # 1 Text of Proposed Order)(Friedman, Barry) Modified on 12/15/2010 (dt). (Entered: 12/14/2010)
2010-12-16 199 0 Order ORDER DISMISSING INDEMNITY COUNTERCLAIM AS TO YOU AND ME LEGWEAR: Pursuant to written stipulation and FRCP 41(a)(2) and 41(c) theindemnity counterclaims of Counterclaim Plaintiff You and Me Legwear, LLC against Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, and Orange County Choppers Licensing LLC are dismissed with prejudice. You and Me Legwear, LLC is terminated as a party from this action. (Signed by Judge Colleen McMahon on 12/15/10) (db) Modified on 12/17/2010 (db). (Entered: 12/16/2010)
2011-01-03 200 0 Notice of Change of Address NOTICE OF CHANGE OF ADDRESS by Jura Christine Zibas on behalf of Vending Supply, Inc.. New Address: Wilson Elser Moskowitz Edelman & Dicker LLP, 150 East 42nd Street, New York, NY, US 10017, 212-915-5756. (Zibas, Jura) (Entered: 01/03/2011)
2011-01-03 201 0 Notice (Other) NOTICE of Satisfaction of Judgment Against Horizon NY, Inc. re: 174 Judgment. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 01/03/2011)
2011-01-03 202 0 Notice (Other) NOTICE of Proof of Personal Service of Default Judgment Papers on Defendant The Hut, LLC re: 192 MOTION for Default Judgment as to Defendant The Hut LLC.. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 01/03/2011)
2011-01-24 203 0 Notice of Substitution of Attorney NOTICE of Substitution of Attorney. Old Attorney: Lewis Brisbois Bisgaard & Smith LLP, New Attorney: Wilson Elser Moskowitz Edelman & Dicker LLP, Address: Wilson Elser Moskowitz Edelman & Dicker LLP, 150 East 42nd Street, New York City, NY, USA 10017, 212 490 3000. Document filed by Vending Supply, Inc.. (Romero, Joanne) (Entered: 01/24/2011)
2011-02-10 204 0 Notice (Other) NOTICE of In Camera Submission to Motion to Withdraw Appearance. Document filed by Horizon NY Inc.. (Friedman, Barry) (Entered: 02/10/2011)
2011-02-16 205 0 Stipulation and Order of Dismissal JOINT STIPULATION TO DISMISS CLAIMS AND PARTIES with attached ORDER DISMISSING INDEMNITY COUNTERCLAIM AS TO TECHNICRAFT INDUSTRIES, INC: Pursuant to written stipulation and Federal Rules of Civil Procedure 41(a) and 41(c), the indemnity counterclaims of Defendant-Counterclaim Plaintiff Technicraft Industries, Inc. against Counterclaim Defendants Orange County Choppers, Inc., Orange County Choppers Merchandising LLC, are dismissed with prejudice, without costs to uny party. Technicraft Industries, Inc. is terminated as a party from this action. (Signed by Judge Colleen McMahon on 2/16/2011) (lnl) (Entered: 02/16/2011)
2011-02-23 206 0 Order ORDER OF COURT:AND NOW, this 23 day of February,2011,upon consideration of Metz Lewis Brodman Must O'Keefe LLC and Barry I. Friedman's Motion to Withdraw Appearance as counsel for Horizon NY Inc., it is GRANTED. ENDORSEMENT:Counsel is directed to notify Horizon NY Inc. forthwith. SO ORDERED (Signed by Magistrate Judge Paul E. Davison on 2/23/2011) (rj) (Entered: 02/23/2011)
2011-02-25 207 0 Default Judgment DEFAULT JUDGMENT # 11,0352 in favor of Olaes Enterprises, Inc. against The Hut LLC in the amount of $ 904,694.67. (Signed by Judge Colleen McMahon on 2/25/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 02/25/2011)
2011-02-25 208 0 Motion for Partial Summary Judgment MOTION for Partial Summary Judgment. Document filed by Bio World Merchandising, Inc., Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company. (Attachments: # 1 Text of Proposed Order)(Friedman, Barry) (Entered: 02/25/2011)
2011-02-25 209 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 208 MOTION for Partial Summary Judgment.. Document filed by Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company. (Attachments: # 1 Exhibit C-Life Declaration, # 2 Exhibit Plasticolor Declaration, # 3 Exhibit Robisons Declaration, # 4 Exhibit Innovative Declaration, # 5 Exhibit Case Declaration, # 6 Exhibit Whiteside Declaration, # 7 Exhibit Unisystems Declaration, # 8 Exhibit Vending Supply Declaration, # 9 Exhibit Bio World Declaration, # 10 Exhibit Stretch-O-Rama Declaration, # 11 Exhibit Houston Declaration, # 12 Exhibit Briefly Stated Declaration, # 13 Exhibit Depo Excerpt)(Friedman, Barry) (Entered: 02/25/2011)
2011-02-25 210 0 Motion for Partial Summary Judgment MOTION for Partial Summary Judgment Statement of Material Facts. Document filed by Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company.(Friedman, Barry) (Entered: 02/25/2011)
2011-02-25 211 0 Notice (Other) NOTICE of Proof of Service of Judgment By Default Against The Hut LLC re: 207 Default Judgment. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 02/25/2011)
2011-03-07 212 0 Notice of Substitution of Attorney NOTICE of Substitution of Attorney. Old Attorney: JUSTIN HELLER, New Attorney: RICHARD M MAHON II, Address: TARSHIS, CATANIA, LIBERTH, MAHON & MILLIGRAM, PLLC, ONE CORWIN COURT, NEWBURGH, NEW YORK, UNITED STATES 12550, 845-565-1100. Document filed by Orange County Choppers Licensing LLC, Orange County Choppers Merchandising LLC, Orange County Choppers, Inc.. (Mahon, Richard) (Entered: 03/07/2011)
2011-03-07 213 0 Notice of Appearance NOTICE OF APPEARANCE by Richard Martin Mahon on behalf of Orange County Choppers Licensing LLC, Orange County Choppers Merchandising LLC, Orange County Choppers, Inc. (Mahon, Richard) (Entered: 03/07/2011)
2011-03-07 214 0 Notice (Other) NOTICE of Supplemental Proof of Service of Judgment By Default Against The Hut, LLC re: 207 Default Judgment. Document filed by Olaes Enterprises, Inc.. (Quinn, Darren) (Entered: 03/07/2011)
2011-03-11 215 0 Declaration in Opposition to Motion DECLARATION of Richard M. Mahon, II in Opposition re: 208 MOTION for Partial Summary Judgment., 210 MOTION for Partial Summary Judgment Statement of Material Facts.. Document filed by Orange County Choppers Licensing LLC, Orange County Choppers Merchandising LLC, Orange County Choppers, Inc.. (Mahon, Richard) (Entered: 03/11/2011)
2011-05-17 216 0 Endorsed Letter ENDORSED LETTER: addressed to Judge Colleen McMahon from Barry I.Friedman dated 5/17/2011 re: Defendants request that a status conference be scheduled. ENDORSEMENT: Schedule for status conference 6/17/11 at 11:45 a.m. So Ordered. (Signed by Judge Colleen McMahon on 5/17/11) (js) (Entered: 05/17/2011)
2011-05-19 217 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Robert E. Adel dated 5/18/2011 re: Counsel request that Your Honor allow counsel to appear telephonically for the status conference scheduled for 6/17/2011. ENDORSEMENT: Yes certainly. So Ordered. (Signed by Judge Colleen McMahon on 5/18/2011) (jfe) (Entered: 05/19/2011)
2011-05-20 218 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Barry I. Friedman dated 5/19/2011 re: Requesting that the Court allow counsel for Defendant, W.R. Case & Sons Cutlery, to appear telephonically for the Status Conference in the above entitled matter currently scheduled for June 17, 2011 at 11:45 am. ENDORSEMENT: Ok - you guys set it up. (Signed by Judge Colleen McMahon on 5/20/2011) (jpo) (Entered: 05/20/2011)
2011-05-23 219 0 Endorsed Letter ENDORSED LETTER addressed to Judge Colleen McMahon from Matthew Bondy, dated 5/19/2011, re: Counsel writes to request that you allow for defendant C-Life & Croup Ltd, to appear telephonically for the Status Conference in the above-entitled matter currently scheduled for June 17, 2011 at 11:45 a.m. ENDORSEMENT: OK. (Telephone Conference set for 6/17/2011 at 11:45 AM before Judge Colleen McMahon) (Signed by Judge Colleen McMahon on 5/23/2011) (lnl) (Entered: 05/23/2011)
2011-05-24 220 0 Transcript TRANSCRIPT of Proceedings re: Discovery held on 5/21/2010 before Magistrate Judge Paul E. Davison. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. (fk) (Entered: 05/26/2011)
2011-05-26 221 0 Endorsed Letter ENDORSED LETTER addressed to Judge Collen McMahon from Richard A. Cirillo dated 5/24/2011 re: Counsel writes to request permission to participate by conference call in the status conference scheduled for 6/17/2011 at 11:45 AM. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/26/2011) (ab) (Entered: 05/26/2011)
2011-06-17 222 0 Order on Motion for Attorney Fees ORDER GRANTING PENDING MOTIONS: An opinion further expounding on this motion will issue next week. However, the Clerk of the Court is directed to mark the motion at Docket #208 GRANTED and to close it on the court's list of open motions. The court also accepts the Report of The Hon. Paul E. Davison, U.S.M.J., dated May 19, 2010, adopts the Recommendation of the learned Magistrate Judge that the motion of JP Harvey Law Firm PLLC be granted, and grants the motion at Docket #72 for the reasons set forth by Judge Davison, whose report I adopt as my opinion. The Clerk of the Court is directed to mark the motion GRANTED and to remove it from the court's list of open motions. (Signed by Judge Colleen McMahon on 6/17/11) COPIES BY ECF TO ALL COUNSEL, BY FAX TO MAGISTRATE JUDGE DAVISON.(laq) (Entered: 06/17/2011)
2011-06-20 223 0 Order on Motion for Partial Summary Judgment MEMORANDUM ORDER GRANTING COUNTERCLAIM PLANTIFFS' REVISED MOTION FOR PARTIAL SUMMARY JUDGMENT, ACCEPTING THE REPORT OF THE HON. PAUL E. DAVISON, U.S.M.J. INSOFAR AS IT RECOMMENDS GRANTING THE MOTION OF JONATHAN P. HARVEY LAW FIRM, PLLC, FOR ATTORNEYS' FEES AND ADOPTING THE REPORT AS THE OPINION OF THE COURT: Therefore, Robison's motion for partial summary judgment is granted as well.The matter is referred to The Hon. Paul E. Davison, U.S.M.J. for an inquest on damages. (Signed by Judge Colleen McMahon on 6/20/2011) Copies Faxed By Chambers. (jpo) (Entered: 06/20/2011) 2011-07-03 12:03:19 3d496012ebbe2fe4eb723692aca28ea2365e77d6
2011-06-21 224 0 Order SCHEDULING ORDER FOR DAMAGES INQUEST: 1. Counterclaim Plaintiffs shall file and serve Proposed Findings of Fact and Proposed Conclusions of Law concerning damages, attorney's fees, and/or other monetary relief by JULY 21, 2011. The submission(s) shall contain a concluding paragraph that succinctly summarizes what amount(s) of damages, attorney's fees, and/or other monetary relief are being sought, including the exact dollar amount(s) being sought. 2. Counterclaim Plaintiffs' Proposed Findings of Fact should demonstrate how Counterclaim Plaintiffs have arrived at the proposed figure(s) and should be supported by one or more affidavits, which may attach any documentary evidence establishing the proposed figure(s). Each proposed finding of fact shall be followed by a citation to the paragraphs of the affidavit(s) and/or page of documentary evidence that supports each such Proposed Finding. In lieu of Proposed Conclusions of Law, Counterclaim Plaintiffs may submit a memorandum of law setting forth the legal principles applicable to Counterclaim Plaintiffs' claim(s) for damages, attorney's fees, and/or other monetary relief. 3. Counterclaim Defendants shall file and serve their response(s) to Counterclaim Plaintiffs' submission(s) by AUGUST 22, 2011. Counterclaim Plaintiffs shall file and serve any reply by SEPTEMBER 1, 2011. 4. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Fustok v. ContiCommodity Servs., Inc, 873 F.2d 38, 40 (2d Cir. 1989). To the extent that any party seeks an evidentiary hearing on the issue of damages, attorney's fees and/or other monetary relief, such party must set forth in its submissions the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/21/2011) (lnl) (Entered: 06/21/2011)
2011-06-22 225 0 Judgment JUDGMENT #11,1191 in favor of Jonathan P. Harvey Law Firm, PLLC against Orange County Choppers Merchandising LLC in the amount of $ 113,462.96. (Signed by Judge Colleen McMahon on 6/21/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 06/22/2011)
2011-07-21 226 0 Proposed Findings of Fact PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bio World Merchandising, Inc., Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L)(Friedman, Barry) (Entered: 07/21/2011)
2011-08-22 227 0 Declaration in Opposition DECLARATION of Richard M. Mahon, II in Opposition. Document filed by Orange County Choppers Licensing LLC, Orange County Choppers Merchandising LLC, Orange County Choppers, Inc.. (Mahon, Richard) (Entered: 08/22/2011)
2011-08-29 228 0 Brief FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - COUNTER BRIEF re: 227 Declaration in Opposition to Proposed Findings of Fact and Conclusions of Law; Proposed Order. Document filed by Bio World Merchandising, Inc., Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company.(Friedman, Barry) Modified on 8/30/2011 (ka). (Entered: 08/29/2011)
2011-08-30 229 0 Reply REPLY re: 227 Declaration in Opposition to Proposed Findings of Fact and Conclusions of Law; Proposed Order. Document filed by Bio World Merchandising, Inc., Briefly Stated, Inc., C-Life Group, Ltd., Houston Harvest Inc., Innovative Designs LLC, Plasticolor Molded Products, Inc., Robison's, Inc., Stretch-O-Rama, Inc., Unisystems, Inc., Vending Supply, Inc., W.R. Case & Sons Cutlery, Whiteside Manufactoring Company. (Friedman, Barry) (Entered: 08/30/2011)
2011-09-06 230 0 Order ORDER: Accordingly, Counterclaim Plaintiffs are hereby ORDERED to submit a copy of each of the licensing agreements upon which they rely no later than September 13, 2011. These documents may be submitted directly to Chambers and need not be docketed. (Signed by Magistrate Judge Paul E. Davison on 9/6/2011) (fk) (Entered: 09/07/2011)
2011-09-14 231 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Richard M. Mahon, II, dated 9/14/2011, re: Counsel for the Counterclaim Defendants writes to request just a week, that is, by or before September 21 to submit a response. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Paul E. Davison on 9/14/2011) (lnl) (Entered: 09/15/2011)
2011-09-22 232 0 Letter Letter addressed to Magistrate Judge Paul E. Davison from Richard M. Mahon, II dated 9/22/2011 re: Defendants are satisfied that the correct judgments by the sub licenses have been clarified. Document filed by Orange County Choppers Licensing LLC, Orange County Choppers Merchandising LLC, Orange County Choppers, Inc.(rj) (Entered: 09/29/2011)
2011-10-06 233 0 Report and Recommendations REPORT AND RECOMMENDATIONS: For the reasons state above, I conclude and respectfully recommend that Your Honor should conclude that the Counterclaim Plaintiffs be awarded damages as set forth in this order. I further conclude as respectfully recommend that Your Honor should conclude that the Counterclaim Plaintiffs be awarded prejudgment interest at nine percent annum from the dates their payments were made through the date of entry of judgment damages; post judgment interest at nine percent annum from the date of entry of judgment on damages through the date of payment; and additional fees and costs incurred in connection with this inquest subsequent to the time that their attorneys filed their declarations. Objections to R&R due by 10/24/2011 (Signed by Magistrate Judge Paul E. Davison on 10/6/2011) (rj) (Entered: 10/11/2011)
2011-11-03 234 0 Memo Endorsement MEMO ENDORSEMENT on re: 233 Report and Recommendations: No objection has been filed. I adopt the Report on my opinion. Clerk to enter judgment and close case. (Signed by Judge Colleen McMahon on 11/2/2011) (rdz) (Entered: 11/03/2011)
2011-11-14 235 0 Judgment JUDGMENT #11,2180 That for the reasons stated in the Court's Memo Endorsed Order dated November 2, 2011, the report is adopted; accordingly, judgment is entered in favor of counterclaims plaintiffs in the following amounts: As Against Orange County Choppers, Inc.:Innovative Designs LLC $105,855.00Plasticolor Molded Products, Inc.$117,634.68Robinson's, Inc. d/b/a Power Trip$214,005.53Whiteside Manufacturing Co.$183,701.46As Against Orange County Choppers Merchandising LLC:Bio World Merchandising, Inc. d/b/a Bio Domes Headgear$137,048.78Briefly Stated Inc.$140,427.03C-Life Group Ltd. $166,231.35Houston Harvest, Inc. $259,782.51Stretch-O-Rama, Inc. d/b/a Longstreet$ 73,737.25Unisystems, Inc. d/b/a Modern Publishing$ 62,671.00Vending Supply, Inc.$261,325.24W.R. Case & Sons Cutlery$226,834.75As Against Orange County Choppers Licensing, LLC: $ 0.00Each Counterclaim Plaintiff is awarded pre- and post-judgment interest at a rate of nine percent per annum, as well as any additional fees and costs Incurred in connection with the inquest subsequent to the time that their attorneys filed their declarations, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/14/11) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 11/14/2011)