| Court: | nysd |
| Docket #: | 1:11-cv-02574 |
| Case Name: | Family Dollar Stores, Inc. v. United Fabrics International, Inc. |
| PACER case #: | 377913 |
| Date filed: | 2011-04-15 |
| Date terminated: | 2013-01-09 |
| Assigned to: | Judge Colleen McMahon |
| Referred to: | Magistrate Judge James C. Francis |
| Case Cause: | 28:2201 Declaratory Judgement (Insurance) |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Family Dollar Stores, Inc. Plaintiff |
Ariel Samuel Peikes Richard Scott Schurin |
| United Fabrics International, Inc. Defendant |
Michael Douglas Steger |
| Prestige Global Company Ltd. ADR Provider |
Richard Scott Schurin |
| United Fabrics International, Inc. ThirdParty Plaintiff |
Michael Douglas Steger |
| Prestige Global Company Ltd. ThirdParty Defendant |
Richard Scott Schurin |
| United Fabrics International, Inc. Counter Claimant |
Michael Douglas Steger |
| Family Dollar Stores, Inc. Counter Defendant |
Ariel Samuel Peikes Richard Scott Schurin |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-04-15 | 1 | 0 | COMPLAINT against United Fabrics International, Inc.. (Filing Fee $ 350.00, Receipt Number 465401004239)Document filed by Family Dollar Stores, Inc..(rdz) (ama). (Entered: 04/18/2011) | |||
| 2011-04-15 | 2 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Family Dollar Stores, Inc..(rdz) (Entered: 04/18/2011) | |||
| 2011-04-21 | 3 | 0 | ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/24/2011 at 10:15 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/21/11) (cd) (Entered: 04/21/2011) | |||
| 2011-06-02 | 4 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint. United Fabrics International, Inc. served on 5/25/2011, answer due 6/15/2011. Service was accepted by Ramin Simantob. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 06/02/2011) | |||
| 2011-06-08 | 5 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by United Fabrics International, Inc..(Steger, Michael) (Entered: 06/08/2011) | |||
| 2011-06-09 | 6 | 0 | ANSWER to 1 Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Prestige Global Company Ltd.., COUNTERCLAIM against Family Dollar Stores, Inc.. Document filed by United Fabrics International, Inc..(Steger, Michael) (Entered: 06/09/2011) | |||
| 2011-06-21 | 7 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 6/20/11 re: The parties respectfully request cancellation of the conference currently scheduled for 6/24/2011 at 10:15 a.m. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 6/21/11) (rjm) (Entered: 06/21/2011) | |||
| 2011-06-21 | 8 | 0 | CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 8/31/2011. Joinder of Parties due by 8/31/2011. Deposition due by 8/31/2011. All Discovery due by 10/21/2011, and as further set forth in said Civil Case Management Plan. (Signed by Judge Colleen McMahon on 6/21/11) (rjm) (Entered: 06/21/2011) | |||
| 2011-06-21 | 9 | 0 | ANSWER to Complaint. Document filed by Prestige Global Company Ltd..(Schurin, Richard) (Entered: 06/21/2011) | |||
| 2011-06-21 | 10 | 0 | ANSWER to 6 Counterclaim. Document filed by Family Dollar Stores, Inc..(Schurin, Richard) (Entered: 06/21/2011) | |||
| 2011-10-13 | 11 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes. Referred to Magistrate Judge James C. Francis. (Signed by Judge Colleen McMahon on 10/13/2011) (ft) (Entered: 10/13/2011) | |||
| 2011-10-13 | 12 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 10/13/2011 re: Our request is that the Defendant United fabrics International, Inc. be compelled to respond to Plaintiff's Interrogatories and Requests for Production. ENDORSEMENT: R&R to Judge-Francis. Discovery deadline extended to November 21, 2011. (Signed by Judge Colleen McMahon on 10/13/2011) (ama) (Entered: 10/13/2011) | |||
| 2011-10-21 | 13 | 0 | ORDER: that by 10/21/2011, defendant shall provide written responses to all outstanding discovery requests. By 10/28/2011, defendant shall produce all documents responsive to the outstanding document requests. (Response to Request to Production of Documents due by 10/28/2011.) (Signed by Magistrate Judge James C. Francis on 10/21/2011) Copies Mailed By Chambers. (ft) (Entered: 10/21/2011) | |||
| 2011-12-05 | 14 | 0 | ORDER: A pretrial conference having been held by telephone on December 2, 2011, it is hereby ORDERED that the parties answer all outstanding interrogatories and produce all non-privileged documents responsive to all document requests no later than December 15, 2011. (Signed by Magistrate Judge James C. Francis on 12/5/2011) Copies Mailed By Chambers. (js) (Entered: 12/05/2011) | |||
| 2012-01-04 | 15 | 0 | MOTION for Partial Summary Judgment. Document filed by United Fabrics International, Inc..(Steger, Michael) (Entered: 01/04/2012) | |||
| 2012-01-04 | 16 | 0 | MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 01/04/2012) | |||
| 2012-01-04 | 17 | 0 | DECLARATION of Scott Alan Burroughs in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 9, # 2 Exhibit Exhibit 10, # 3 Exhibit Exhibit 11, # 4 Exhibit Exhibit 12, # 5 Exhibit Exhibit 13, # 6 Exhibit Exhibit 14, # 7 Exhibit Exhibit 15, # 8 Exhibit Exhibit 16)(Steger, Michael) (Entered: 01/04/2012) | |||
| 2012-01-04 | 18 | 0 | RULE 56.1 STATEMENT. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 01/04/2012) | |||
| 2012-01-04 | 19 | 0 | DECLARATION of Shar Simantob in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Steger, Michael) (Entered: 01/04/2012) | |||
| 2012-01-11 | 20 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Michael D. Steger dated 1/10/2012 re: Co-Counsel for the defendant writes to provide a copy of their letter to Judge Francis of yesterday, setting forth United Fabrics' response to Cross-Defendants' requests for additional discovery and to extend their time to respond to United Fabrics' pending motion for partial summary judgment. ENDORSEMENT: I have consulted with Judge Francis. He tells me that he issued an order on 12/5/2011 resolving a number of discovery disputes that were raised at or just before the discovery deadline of 11/21/2011. He further advises me that that the new discovery issues were not raised until January 6, 2012, by letter to him. He further advises that the new disputes relate to matter that arose prior to the discovery cut off date. You should have raised all discovery disputes before 11/21/2011. I decline to extend the discovery cut off date. I will not permit any adjournment. Discovery related challenges came too late. P.S. Do not complain that issues did not arise until the plaintiff's EBT was taken on 11/10-if you wait until the last second to depose the plaintiff you have to be prepared to get discovery disputes resolved IMMEDIATELY. A deadline is a deadline. (Signed by Judge Colleen McMahon on 1/11/2012) (ft) (Entered: 01/12/2012) | |||
| 2012-01-12 | 21 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 1/12/2012 re: counsel for plaintiffs respectfully request a clarification of the Court's Endorsed Order of this date. Specifically, it is unclear to us whether the Court has denied our request for an extension of time to respond to the pending Summary Judgment Motion. ENDORSEMENT: OK - you can have the extra 2 weeks for responding to the motion. But no more discovery. (Signed by Judge Colleen McMahon on 1/12/12) (pl) (Entered: 01/12/2012) | |||
| 2012-01-12 | 22 | 0 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Richard Schurin dated 1/6/2012 re: counsel for Plaintiff writes to requests the following relief: (a) That the Court compel Defendant United Fabrics, Inc. ("United") to produce documents previously requested, and that such production be made By HAND DELIVERY on or before January 13th, and (b) That the Court extend the time for counter-defendants to respond to the motion for summary judgment that was filed on January 4th. In this regard, we request a two (2) week extension of time, i.e., until February 2, 2012. ENDORSEMENT: Applications denied. These issues are being raised with the Court far beyond the discovery deadline. (Signed by Magistrate Judge James C. Francis on 1/11/12) (pl) (Entered: 01/12/2012) | |||
| 2012-01-17 | 23 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 1/13/2012 re: In view of the foregoing facts and equities, we respectfully request that Your Honor modify the Order and compel the immediate production of the outstanding "Sales Order Item Reports" for the 18 designs. No additional relief is requested and no extension of discovery is sought. ENDORSEMENT: I will modify nothing. (Signed by Judge Colleen McMahon on 1/17/2012) (djc) (Entered: 01/17/2012) | |||
| 2012-01-18 | 24 | 0 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Richard Schurin dated 1/6/2012 re: Counsel requests the following reliefs as set forth herein: (a) That the Court compel Defendant United Fabrics, Inc. ("United") to produce documents previously requested, and that such production be made By HAND DELIVERY on or before January 13th, and (b) That the Court extend the time for counter-defendants to respond to the motion for summary judgment that was filed on January 4th. In this regard, we request a two (2) week extension of time, i.e., until February 2, 2012. ENDORSEMENT: Both parties must contact Judge Francis for clarification of their responsibilities under HIS order-it was not appealed from, so it is FINAL. No-you waited too long and you apparently are not in compliance with Judge Francis' prior order.(Signed by Judge Colleen McMahon on 1/17/2012) (djc) (Entered: 01/18/2012) | |||
| 2012-01-19 | 25 | 0 | ORDER: Family Dollar Stores, Inc. ("Family Dollar") having sought to compel certain discovery from defendant, and a pretrial conference having been held by telephone on January 19, 2012, it is hereby ORDERED that Family Dollar's application is denied. To the extent, if at all, that the information sought was encompassed within my December 5, 2011 Order, the date for compliance with that Order was December 15, 2011, and Family Dollar failed to seek enforcement in a timely fashion. (Signed by Magistrate Judge James C. Francis on 1/19/2012) (js) (Entered: 01/19/2012) | |||
| 2012-01-20 | 26 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 1/19/2012 re: We write in furtherance of our letter sent to Your Honor last night seeking clarification of the due date for counter-defendants' response to the motion for partial summary judgment. We wish to report that counsel for the parties' confirmed that it is both sides understanding and agreement that the counter-defendants' response to the motion for partial summary judgment is due on January 27th, and any reply by United Fabrics International, Inc. is due on February 3rd. ENDORSEMENT: OK. ( Responses due by 1/27/2012., Replies due by 2/3/2012.) (Signed by Judge Colleen McMahon on 1/20/2012) (lmb) (Entered: 01/20/2012) | |||
| 2012-01-27 | 27 | 0 | MOTION to Withdraw Admissions. Document filed by Family Dollar Stores, Inc..(Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 28 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION to Withdraw Admissions.. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 29 | 0 | DECLARATION of Richard S. Schurin in Support re: 27 MOTION to Withdraw Admissions.. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 30 | 0 | CROSS MOTION for Summary Judgment. Document filed by Family Dollar Stores, Inc..(Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 31 | 0 | MEMORANDUM OF LAW in Opposition re: 15 MOTION for Partial Summary Judgment., 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 32 | 0 | DECLARATION of Richard S. Schurin in Opposition re: 15 MOTION for Partial Summary Judgment., 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1)(Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 33 | 0 | DECLARATION of Richard S. Schurin in Opposition re: 15 MOTION for Partial Summary Judgment., 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit C1, # 2 Exhibit C2, # 3 Exhibit C3, # 4 Exhibit C4, # 5 Exhibit C5, # 6 Exhibit C6, # 7 Exhibit D1, # 8 Exhibit D2, # 9 Exhibit D3, # 10 Exhibit D4, # 11 Exhibit D5, # 12 Exhibit D6, # 13 Exhibit D7, # 14 Exhibit D8, # 15 Exhibit E1, # 16 Exhibit E2, # 17 Exhibit E3, # 18 Exhibit E4, # 19 Exhibit E5, # 20 Exhibit F, # 21 Exhibit G1, # 22 Exhibit G2, # 23 Exhibit H)(Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 34 | 0 | COUNTER STATEMENT TO 18 Rule 56.1 Statement. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-01-27 | 35 | 0 | RULE 56.1 STATEMENT. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Schurin, Richard) (Entered: 01/27/2012) | |||
| 2012-02-02 | 36 | 0 | Objection re: 25 Order,, Pursuant to Rule 72(a). Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 02/02/2012) | |||
| 2012-02-02 | 37 | 0 | DECLARATION of Richard S. Schurin in Opposition re: 36 Objection (non-motion), 25 Order,,. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Schurin, Richard) (Entered: 02/02/2012) | |||
| 2012-02-03 | 38 | 0 | DECLARATION of Michael D. Steger in Opposition re: 27 MOTION to Withdraw Admissions.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Steger, Michael) (Entered: 02/03/2012) | |||
| 2012-02-03 | 39 | 0 | MEMORANDUM OF LAW in Opposition re: 27 MOTION to Withdraw Admissions.. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 02/03/2012) | |||
| 2012-02-03 | 40 | 0 | REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 02/03/2012) | |||
| 2012-02-03 | 41 | 0 | REPLY AFFIRMATION of Scott A. Burroughs in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 2)(Steger, Michael) (Entered: 02/03/2012) | |||
| 2012-02-03 | 42 | 0 | REPLY AFFIRMATION of Shar Simantob in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4)(Steger, Michael) (Entered: 02/03/2012) | |||
| 2012-02-08 | 43 | 0 | REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Withdraw Admissions.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Schurin, Richard) (Entered: 02/08/2012) | |||
| 2012-02-08 | 44 | 0 | MEMORANDUM OF LAW in Opposition re: 30 CROSS MOTION for Summary Judgment.. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 02/08/2012) | |||
| 2012-02-08 | 45 | 0 | COUNTER STATEMENT TO 35 Rule 56.1 Statement. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 02/08/2012) | |||
| 2012-02-14 | 46 | 0 | DECISION ON OBJECTION TO ORDER OF MAGISTRATE JUDGE FRANCIS: With apologies to Judge Francis, I reverse his order of January 15, 2012, and direct defendant to produce all documents that it was ordered to produce in Judge Francis' orderdated October 21, 2011. I further direct that production be made - COMPLETE production - by February 21, 2012. There will be no extension of this date. If defendant fails to make complete production of all the documents it was previously ordered to produce, sanctions will be imposed. (Signed by Judge Colleen McMahon on 2/14/2012) (ft) (Entered: 02/14/2012) | |||
| 2012-02-15 | 47 | 0 | REPLY MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Schurin, Richard) (Entered: 02/15/2012) | |||
| 2012-02-15 | 48 | 0 | DECLARATION of Richard S. Schurin in Support re: 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Attachments: # 1 Exhibit J, # 2 Exhibit K)(Schurin, Richard) (Entered: 02/15/2012) | |||
| 2012-02-16 | 49 | 0 | REPLY MEMORANDUM OF LAW in Opposition re: 36 Objection (non-motion) Memorandum in Opposition to Rule 72 Objections. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 02/16/2012) | |||
| 2012-02-16 | 50 | 0 | DECLARATION of Michael D. Steger in Opposition. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Steger, Michael) (Entered: 02/16/2012) | |||
| 2012-02-22 | 51 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Scott A. Burroughs dated 2/21/2012 re: counsel for defendant UNITED respectfully requests a continuation that it has complied with this Court's most recent Order. If the Court believes that UNITED should produce the invoices for the designs that are not at issue and that were not requested during discovery, it can do so by close of business on Friday, but believes that it would be unjust to force UNITED to incur the extensive cost of locating, reviewing, and producing hundreds of invoices that were never requested in discovery. ENDORSEMENT: I cannot say whether you have complete or not. Ask Judge Francis. (Signed by Judge Colleen McMahon on 2/22/2012) (pl) Modified on 2/22/2012 (pl). (Entered: 02/22/2012) | |||
| 2012-02-23 | 52 | 0 | MOTION for Sanctions. Document filed by Family Dollar Stores, Inc..(Schurin, Richard) (Entered: 02/23/2012) | |||
| 2012-02-23 | 53 | 0 | MEMORANDUM OF LAW in Support re: 52 MOTION for Sanctions.. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 02/23/2012) | |||
| 2012-02-23 | 54 | 0 | DECLARATION of Richard Schurin in Support re: 52 MOTION for Sanctions.. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Schurin, Richard) (Entered: 02/23/2012) | |||
| 2012-02-27 | 55 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S Schurin dated 2/23/2012 re: FDS requests that the Court disregard Mr. Burroughs' letter and the Form CA Application. ENDORSEMENT: I am paying no attention to any leter filed by attorneys who are not in the case and who do not enjoy pro hac vice status in this court. If counsel make further efforts to appear, I will refer the matter for discipline. However discovery is indeed closed and will not be reopened to alter the record on the pending motion. (Signed by Judge Colleen McMahon on 2/27/2012) (cd) (Entered: 02/27/2012) | |||
| 2012-03-01 | 56 | 0 | 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: Motion for Sanctions. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Colleen McMahon on 3/1/2012) (mro) (Entered: 03/01/2012) | |||
| 2012-03-06 | 57 | 0 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Richard Schurin dated 3/1/12 re: Counsel for Family Dollar Stores, Inc. and Prestige Global Company Ltd. writes regarding the briefing schedule for the sanctions motion. The parties agree on the following briefing schedule: responses shall be due on 3/9/12 and plaintiff's reply shall be due on 3/16/12. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 52 MOTION for Sanctions:( Responses due by 3/9/2012, Replies due by 3/16/2012.) (Signed by Magistrate Judge James C. Francis on 3/6/2012) (mro) (Entered: 03/07/2012) | |||
| 2012-03-09 | 58 | 0 | MEMORANDUM OF LAW in Opposition re: 52 MOTION for Sanctions.. Document filed by United Fabrics International, Inc.. (Steger, Michael) (Entered: 03/09/2012) | |||
| 2012-03-09 | 59 | 0 | DECLARATION of Scott A. Burroughs in Opposition re: 52 MOTION for Sanctions.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 1)(Steger, Michael) (Entered: 03/09/2012) | |||
| 2012-03-09 | 60 | 0 | DECLARATION of Michael D. Steger in Opposition re: 52 MOTION for Sanctions.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4, # 4 Exhibit Exhibit 5, # 5 Exhibit Exhibit 6, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8, # 8 Exhibit Exhibit 9, # 9 Exhibit Exhibit 10)(Steger, Michael) (Entered: 03/09/2012) | |||
| 2012-03-14 | 61 | 0 | REPLY MEMORANDUM OF LAW in Support re: 52 MOTION for Sanctions.. Document filed by Family Dollar Stores, Inc.. (Schurin, Richard) (Entered: 03/14/2012) | |||
| 2012-03-14 | 62 | 0 | DECLARATION of Richard Schurin in Support re: 52 MOTION for Sanctions.. Document filed by Family Dollar Stores, Inc.. (Attachments: # 1 Exhibit P)(Schurin, Richard) (Entered: 03/14/2012) | |||
| 2012-03-26 | 63 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 3/23/2012 re: We write in response to the letter dated March 22, 2012 sent by counsel for United Fabrics International, Inc. ("UFI"). For all the foregoing reasons, the Court should deny UFI's request. ENDORSEMENT: Everyone stop sending letters NOW. No more briefs - no more discovery - period. (Signed by Judge Colleen McMahon on 3/26/2012) (lmb) (Entered: 03/26/2012) | |||
| 2012-03-27 | 64 | 0 | NOTICE of Recent Decision re: 15 MOTION for Partial Summary Judgment., 44 Memorandum of Law in Opposition to Motion, 58 Memorandum of Law in Opposition to Motion. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Steger, Michael) (Entered: 03/27/2012) | |||
| 2012-04-04 | 65 | 0 | MEMORANDUM AND ORDER granting in part and denying in part 52 Motion for Sanctions. Plaintiff and counter-defendant Family Dollar Stores, Inc.'s motion for sanctions is granted in part. Defendant and counter-claimant United Fabrics International, Inc. shall produce, within three days of the date of this order, documents reflecting all sales of the 18 designs other than Mod Squad included in Copyright Registration VAu 978-345. These documents must include the Sales Order Item Reports for each of the 18 other designs. Unless the parties agree to the amount of the monetary sanction, Family Dollar Stores, Inc., shall submit to the Court and to United Fabrics International, Inc., by April 13, 2012, a detailed accounting of its reasonable expenses, including attorneys' fees, associated with this motion only. United Fabrics International, Inc., shall have three days from the date it receives the accounting to object to any of the entries as unreasonable. (Signed by Magistrate Judge James C. Francis on 4/4/2012) Copies Mailed By Chambers. (lmb) (Entered: 04/04/2012) | 2012-04-05 09:18:44 | 76e56c1f849205834e550e43b23cd569260ed0a7 | |
| 2012-04-10 | 66 | 0 | NOTICE of Recent Decision re: 15 MOTION for Partial Summary Judgment., 30 CROSS MOTION for Summary Judgment.. Document filed by United Fabrics International, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Steger, Michael) (Entered: 04/10/2012) | |||
| 2012-04-16 | 67 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Michael D. Steger dated 4/11/12 re: Counsel for United Fabrics International Inc encloses a copy of the Notice of Recent Decision that they filed yesterday. ENDORSEMENT: The parties should each submit a 2 page letter explaining how this alters their summary judgment position. (Signed by Judge Colleen McMahon on 4/16/2012) (mro) (Entered: 04/16/2012) | |||
| 2012-04-25 | 68 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 4/20/12 re: Counsel for the plaintiff requests that Your Honor permit FDS to file the attached affidavit, which shows the evidentiary significance of the documents recently produced by UFI pursuant to Judge Francis' 4/4 Order. ENDORSEMENT: Yes you can substitute. (Signed by Judge Colleen McMahon on 4/24/2012) (mro) (Entered: 04/25/2012) | |||
| 2012-04-26 | 69 | 0 | DECLARATION of Richard Schurin, Esq. in Support re: 15 MOTION for Partial Summary Judgment., 30 CROSS MOTION for Summary Judgment.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Attachments: # 1 Exhibit L through P, # 2 Exhibit Q through T)(Peikes, Ariel) (Entered: 04/26/2012) | |||
| 2012-09-11 | 70 | 0 | DECISION AND ORDER DENYING UNITED FABRIC INTERNATIONAL'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING FAMILY DOLLAR STORES AND PRESTIGE GLOBAL COMPANIES' MOTIONS FOR SUMMARY JUDGMENT AND TO WITHDRAW ADMISSIONS granting 30 Motion for Summary Judgment; denying 15 Motion for Partial Summary Judgment; granting 27 Motion to Withdraw. For the reasons discussed above, UFI's motion for partial summary judgment is denied, and the FD Defendants' motions for summary judgment and to withdraw its "admissions" are granted. UFI's counterclaims for copyright infringement of the Mod Squad design are dismissed to the extent that they are premised on the copyright registration number "VAu 978-345." I am not closing the case yet, however, in light of the fact that UFI may have filed a supplementary registration. The parties are to attend a conference in my courtroom at 10:30 a.m. September 21, 2012. to discuss how to proceed.The Clerk of Court is directed to remove the motions at ECF Nos. 15. 27. and 30 from the Court's list of outstanding motions. (Signed by Judge Colleen McMahon on 9/11/2012) Copies Sent By ECF To All Counsel. (ama) (Entered: 09/11/2012) | |||
| 2012-09-24 | 71 | 0 | ORDER: Having held an initial pretrial conference with the parties in the above-captioned case, and upon review of their pre-conference letter submissions, I now rule as follows: I confirm my prior ruling that UFI's purported supplementary registration for the Mod Squad design is obviously invalid, for the two reasons discussed in my September 11, 2012 decision granting summary judgment to Family Dollar Stores and Prestige Global and as further set forth herein. (Signed by Judge Colleen McMahon on 9/24/2012) (djc) (Entered: 09/25/2012) | |||
| 2012-12-14 | 72 | 0 | MOTION to Reinstate Claim. Document filed by United Fabrics International, Inc..(ft) (Entered: 12/14/2012) | |||
| 2012-12-14 | 73 | 0 | ORDER REINSTATING CLAIM granting 72 Motion to Reinstate Claim. Defendant-Counterclaim Plaintiff has complied with Paragraph 5 of the Court's order of September 24, 2012 to the best of its ability. reinstate the claim. If any party believes that additional discovery is needed before a final pretrial order is filed, please notify the court by making a "Motion for permission to take additional discovery," which motion shall have any discovery demands attached thereto. Such motion must be made by January 4, 2013. Any responsive papers must be filed by January 11, 2013. No reply papers will be accepted. Assuming there is no additional discovery, the final pre-trial order and accompanying documents as required by the court's rules is due on February 1, 2013. If there is additional discovery, it must be completed on an expedited basis so that the final pre-trial order is filed no later than March 15, 2013. (Signed by Judge Colleen McMahon on 12/14/2012) (ft) Modified on 12/20/2012 (ft). (Entered: 12/14/2012) | |||
| 2012-12-21 | 74 | 0 | MOTION for Reconsideration re; 73 Order on Motion for Miscellaneous Relief,,,,. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd..(Schurin, Richard) (Entered: 12/21/2012) | |||
| 2012-12-21 | 75 | 0 | MEMORANDUM OF LAW in Support re: 74 MOTION for Reconsideration re; 73 Order on Motion for Miscellaneous Relief,,,,.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Schurin, Richard) (Entered: 12/21/2012) | |||
| 2012-12-21 | 76 | 0 | DECLARATION of Ariel S. Peikes, Esq. in Support re: 74 MOTION for Reconsideration re; 73 Order on Motion for Miscellaneous Relief,,,,.. Document filed by Family Dollar Stores, Inc., Prestige Global Company Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schurin, Richard) (Entered: 12/21/2012) | |||
| 2013-01-09 | 77 | 0 | ORDER: It is ordered that the action be, and the same hereby is, discontinued with prejudice but without costs, provided, however, that if the settlement is not consummated within thirty (30) days of the date of this order, either party may apply by letter for restoration of the action to the calendar of the undersigned. So Ordered (Signed by Judge Colleen McMahon on 1/9/2013) (js) (Entered: 01/09/2013) | |||
| 2013-01-09 | 78 | 0 | MEMO ENDORSED ON NOTICE OF MOTION FOR RECONSIDERATION AND ARGUMENT PURSUANT TO LOCAL CIVIL RULES. ENDORSEMENT: This case has settled. Motion stayed. So Ordered (Signed by Judge Colleen McMahon on 1/9/2013) (js) (Entered: 01/09/2013) | |||
| 2013-01-22 | 79 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Richard S. Schurin dated 1/17/2013 re: This firm represents Plaintiff Family Dollar Stores, Inc. and Prestige Global (collectively "FD Defendants"). Although this case has been discontinued as the parties continue to try to work out a settlement agreement, we write to advise the Court of a letter dated January 16, 2013 from Robert Kasunic, the Deputy General Counsel of the United States Copyright Office. The Court may have interest in this letter because it clarifies the position of the Copyright Office on matters addressed in the Court's recent Order dated December 14, 2013. ENDORSEMENT: Counsel, But am I supposed to do any thing with it? (Signed by Judge Colleen McMahon on 1/21/2013) (djc) Modified on 1/22/2013 (djc). (Entered: 01/22/2013) |