| Court: | nysd |
| Docket #: | 1:12-cv-00160 |
| Case Name: | Woodland Trading, Inc. v. Exist, Inc. et al |
| PACER case #: | 390380 |
| Date filed: | 2012-01-09 |
| Date terminated: | 2012-08-24 |
| Assigned to: | Judge Richard J. Sullivan |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Woodland Trading, Inc. Plaintiff a New York Corporation |
Sumeer Kakar |
| Exist, Inc. Defendant a Florida Corporation TERMINATED: 08/24/2012 |
Svetlana K. Ivy Darren Spielman Robert L. Epstein Robert C. Kain , Jr. |
| Splash USA Sourcing, Inc. Defendant a Florida Corporation TERMINATED: 06/05/2012 |
Darren Spielman Robert L. Epstein Robert C. Kain , Jr. |
| Does 1 through 10 Defendant inclusive |
Darren Spielman Robert C. Kain , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-01-09 | 1 | 0 | COMPLAINT against Does 1 through 10, Exist, Inc., Splash USA Sourcing, Inc. (Filing Fee $ 350.00, Receipt Number 6351)Document filed by Woodland Trading, Inc.(ama) (Additional attachment(s) added on 4/13/2012: # 1 Complaint Part 2) (ama). (Entered: 01/12/2012) | |||
| 2012-02-10 | 2 | 0 | WAIVER OF SERVICE RETURNED EXECUTED. Exist, Inc. waiver sent on 1/9/2012, answer due 3/9/2012. Document filed by Woodland Trading, Inc.. (Kakar, Sumeer) (Entered: 02/10/2012) | |||
| 2012-02-10 | 3 | 0 | ORDER: the parties shall appear for an initial status conference on Friday, March 9, 2012 at 4: 15 p.m. in Courtroom 21 C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York. Additional relief as set forth in this Order., ( Initial Conference set for 3/9/2012 at 04:15 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/10/2012) (pl) (Entered: 02/10/2012) | |||
| 2012-02-13 | 4 | 0 | AFFIDAVIT OF SERVICE of Order served on Exist Inc., and Splash USA Sourcing, Inc. on 02/13/2012. Document filed by Woodland Trading, Inc.. (Kakar, Sumeer) (Entered: 02/13/2012) | |||
| 2012-02-29 | 5 | 0 | AFFIDAVIT OF SERVICE. Splash USA Sourcing, Inc. served on 2/22/2012, answer due 3/14/2012. Service was accepted by RANEET WALIA, Director, Officer, and/or Registered Agent for Splash USA Sourcing, Inc.. Document filed by Woodland Trading, Inc.. (Kakar, Sumeer) (Entered: 02/29/2012) | |||
| 2012-03-07 | 6 | 0 | NOTICE OF APPEARANCE by Robert L. Epstein on behalf of Exist, Inc., Splash USA Sourcing, Inc. (Epstein, Robert) (Entered: 03/07/2012) | |||
| 2012-03-08 | 7 | 0 | ORDER: IT IS HEREBY ORDERED that the initial conference scheduled for March 9, 2012 is adjourned and rescheduled for Wednesday, April 4, 2012 at 4:45 p.m. to allow Plaintiff time to respond to Defendant's letter. Pursuant to Rule 2(A) of my Individual Practices, Plaintiff shall have until Monday, March 12, 2012 to submit a pre-motion letter response. IT IS FURTHER ORDERED that Defendant's counsel, Robert Kain, may represent Defendant at the April 16, 2012 pre-motion conference while his pro hac vice motion is pending and may attend the conference via telephone. At the time of the conference, Mr. Kain is instructed to call chambers at (212) 805-0264. To the extent other counsel want to participate by telephone, they shall first notify the Court and, at the time of the conference, gather on one line and call chambers. (Initial Conference set for 4/4/2012 at 04:45 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/7/2012) (djc) (Entered: 03/08/2012) | |||
| 2012-03-13 | 8 | 0 | MOTION for Robert C. Kain Jr. to Appear Pro Hac Vice. Document filed by Does 1 through 10, Exist, Inc., Splash USA Sourcing, Inc.(pgu) (Entered: 03/14/2012) | |||
| 2012-03-13 | 9 | 0 | MOTION for Darren Spielman to Appear Pro Hac Vice. Document filed by Does 1 through 10, Exist, Inc., Splash USA Sourcing, Inc.(pgu) (Entered: 03/14/2012) | |||
| 2012-03-15 | 10 | 0 | ORDER: The Court is in receipt of Defendant's letter, dated March 15, 2012, requesting that the April 4, 2012 status conference be adjourned. Defendant's request is GRANTED. Accordingly, IT IS HEREBY ORDERED that the initial status conference scheduled for April 4, 2012 be adjourned and rescheduled for April 16, 2012 at 5:00 p.m. That conference will serve as both an initial status conference and a pre-motion conference on Defendant's contemplated motion to dismiss. ( Pre-Motion Conference set for 4/16/2012 at 05:00 PM before Judge Richard J. Sullivan., Status Conference set for 4/16/2012 at 05:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/15/2012) (mro) (Entered: 03/15/2012) | |||
| 2012-03-16 | 11 | 0 | ORDER FOR ADMISSION PRO HAC VICE: granting 9 Motion for Darren Spielman to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 3/16/2012) (js) (Entered: 03/16/2012) | |||
| 2012-03-16 | 12 | 0 | ORDER FOR ADMISSION PRO HAC VICE: granting 8 Motion for Robert Kain to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 3/16/2012) (js) (Entered: 03/16/2012) | |||
| 2012-03-23 | 13 | 0 | ORDER: IT IS HEREBY ORDERED that, pursuant to Rule 2(A) of my Individual Practices, Plaintiff shall have until Wednesday, March 28, 2012, to respond to Defendant's pre-motion letter. IT IS FURTHER ORDERED that the April 16, 2012 pre-motion conference for Defendant Exist's contemplated motion will also serve as a pre-motion conference for Defendant Splash's contemplated motions. (Signed by Judge Richard J. Sullivan on 3/23/2012) (js) (Entered: 03/26/2012) | |||
| 2012-04-17 | 14 | 0 | ORDER: Plaintiff and Defendant Exist, Inc. ("Defendant Exist") shall comply with the following briefing and oral argument schedule in connection with Defendant Exist's contemplated motion to dismiss: Motions due by 5/7/2012. Responses due by 5/22/2012. Replies due by 6/1/2012. Oral Argument set for 6/6/2012 at 04:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 4/16/2012) (ft) (Entered: 04/17/2012) | |||
| 2012-05-07 | 15 | 0 | NOTICE OF APPEARANCE by Svetlana K. Ivy on behalf of Exist, Inc. (Ivy, Svetlana) (Entered: 05/07/2012) | |||
| 2012-05-07 | 16 | 0 | NOTICE of Substitution of Attorney. Old Attorney: Robert L. Epstein, New Attorney: Svetlana K. Ivy, Address: Harris Beach PLLC, 99 Garnsey Road, Pittsford, New York, USA 14534, 585-419-8800. Document filed by Exist, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration in Support)(Ivy, Svetlana) (Entered: 05/07/2012) | |||
| 2012-05-08 | 17 | 0 | STIPULATION AND ORDER: Harris Beach PLLC is substituted as the attorneys of record for defendants Exist, in place of and instead of Epstein Drangel LLP. Exist, Inc. answer due 5/16/2012. (Signed by Judge Richard J. Sullivan on 5/8/2012) (cd) (Entered: 05/08/2012) | |||
| 2012-05-16 | 18 | 0 | ANSWER to 1 Complaint with JURY DEMAND. Document filed by Exist, Inc.. (Attachments: # 1 Certificate of Service)(Ivy, Svetlana) (Entered: 05/16/2012) | |||
| 2012-05-17 | 19 | 0 | ENDORSED LETTER addressed to judge Richard J. Sullivan from Rovert Kain dated 5/17/2012 re: Counsel The Court's Order requires SPLASH to set forth a briefing schedule for this motion. Co-defendant, EXIST, INC. has answered the complaint. June 5, 2012: SPLASH to file its motion. June 19, 2012: WOODLAND to file its opposition. June 28, 2012: SPLASH to file its reply. ENDORSEMENT: So Ordered. ( Motions due by 6/5/2012., Responses due by 6/19/2012, Replies due by 6/28/2012.) (Signed by Judge Richard J. Sullivan on 5/17/2012) (jfe) (Entered: 05/17/2012) | |||
| 2012-05-22 | 20 | 0 | ORDER: The Court is now in receipt of Plaintiffs letter, dated May 17, 2012 and received in chambers after the docketing of the Court's May 17 Order, requesting that: (1) the Court stay the briefing schedule because Plaintiffs counsel "was not able to fully review the provided [discovery] documents before consenting to the proposed briefing schedule"; and (2) the Court schedule a pre-motion conference regarding the Rule 12(b)(6) portion of Defendant Splash's contemplated motion. The Court is also in receipt of Defendant Splash's letter response, dated May 22, 2012. The Court DENIES Plaintiffs first request because Plaintiff received the discovery materials at issue prior to consenting to the proposed briefing schedule subsequently endorsed in the May 17 Order. The Court also DENIES Plaintiff's second request for a pre-motion conference because the Court indicated at the April 17, 2012 conference that the proposed briefing schedule submitted to the Court on May 17, 2012 would encompass both the Rule 12(b)(2) and 12(b)(6) portions of Defendant's contemplated motion. Accordingly, the parties are to comply with the briefing schedule set forth in the Court's May 17 Order. (Signed by Judge Richard J. Sullivan on 5/22/2012) (jfe) (Entered: 05/22/2012) | |||
| 2012-06-04 | 21 | 0 | DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Splash USA Sourcing, Inc.. Document filed by Woodland Trading, Inc.. (Kakar, Sumeer) Modified on 6/5/2012 (ml). (Entered: 06/04/2012) | |||
| 2012-06-05 | 22 | 0 | NOTICE OF DISMISSAL OF SPLASH USA SOURCING, INC. PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i) WITHOUT PREJUDICE: PLEASE TAKE NOTICE THAT Plaintiff, Woodland Trading, Inc., hereby dismisses without prejudice Splash USA Sourcing, Inc. from this action pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i). The action will continue as to the remaining named Defendant Exist, Inc. (Signed by Judge Richard J. Sullivan on 6/5/2012) (mro) (Entered: 06/05/2012) | |||
| 2012-06-05 | 23 | 0 | ORDER: IT IS HEREBY ORDERED THAT the parties shall appear for a status conference on Wednesday, June 20, 2012 at 4:45 p.m. in Courtroom 21C. IT IS FURTHER ORDERED THAT, by Wednesday, June 13, 2012 at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://www.nysd.uscourts.gov/judge_info.php?id=99. (Signed by Judge Richard J. Sullivan on 6/5/2012) (mro) (Entered: 06/05/2012) | |||
| 2012-06-14 | 24 | 0 | ORDER: IT IS HEREBY ORDERED that, by June 18, 2012 at 4:00 p.m., each party shall submit a proposed global protective order containing that party's preferred AEO provisions. (Signed by Judge Richard J. Sullivan on 6/13/2012) (jfe) (Entered: 06/14/2012) | |||
| 2012-06-19 | 25 | 0 | ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Robert Kain dated 6/18/2012 re: Counsel for defendant request permission to appear by telephone on the Court ordered status conference currently set for June 20 at 4:45 p.m. ENDORSEMENT: The Court Grants the request. it is hereby ordered that co-counsel Kain & Associates shall dial Chambers at 212-805-0493 at 4:45 p.m. on June 20, 2012. (Signed by Judge Richard J. Sullivan on 6/18/2012) (js) (Entered: 06/19/2012) | |||
| 2012-06-21 | 26 | 0 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The case is to be tried to a jury; Deposition due by 11/23/2012. Fact Discovery due by 12/14/2012. Discovery due by 2/8/2013. The Court will hold a post-discovery conference on April 3, 2013 at 12:45 p.m. At this time, the parties are unable to present a best estimation of the length of trial. (Signed by Judge Richard J. Sullivan on 6/20/2012) (djc) (Main Document 26 replaced on 6/21/2012) (djc). (Entered: 06/21/2012) | |||
| 2012-06-20 | 27 | 0 | MEDIATION REFERRAL ORDER...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. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/2/2012. Mediator Expertise Request due by 6/25/2012. (Signed by Judge Richard J. Sullivan on 6/20/2012) (djc) (Entered: 06/21/2012) | |||
| 2012-06-21 | 28 | 0 | ORDER. By order dated June 13, 2012, the Court ordered each party "to submit a proposed global protective order containing that party's preferred AEO provisions," and on June 19, 2012, the Court received each party's proposed global protective order. On June 20, 2012, the Court held a conference (the "conference") regarding, inter alia, the scope of the global protective order. At the conference, the Court endorsed Plaintiffs proposed global protective order (attached) and rejected Defendant's contention that Plaintiffs counsel must be barred from viewing material that Defendant deems AEO. However, as stated on the record at the conference, should Defendant discover that there are a large number of its customers whose identities are not readily known by Plaintiff, Defendant may renew its request that the Court enter its proposed global protective order. (Signed by Judge Richard J. Sullivan on 6/20/2012) (rjm) (Entered: 06/21/2012) | |||
| 2012-07-24 | 29 | 0 | MEDIATOR SESSION NOT HELD Mediator Session scheduled for 07/24/2012 at 233 Broadway was NOT held.(ms) (Entered: 07/24/2012) | |||
| 2012-08-24 | 30 | 0 | ORDER OF DISMISSAL: that this action, is dismissed in its entirety, with prejudice as to defendant Exist, Inc., with the foregoing parties bearing their respective attorneys' fees and costs. (Signed by Judge Richard J. Sullivan on 8/23/2012) (tro) (Entered: 08/24/2012) |