Case Details

CourtSouthern District of New York
Docket number1:15-cv-03517
Date case filed2015-05-05
Date case closed2016-10-11
Date of latest filing
Assigned toMagistrate Judge Gabriel W. Gorenstein
Case cause15:1114 Trademark Infringement (Lanham Act)
Nature of suit840 Trademark
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Phoenix Entertainment Partners, LLC
Party type: Plaintiff
as successor in interest to Slep-Tone Entertainment Corporation
Attorney name: Philip Z Kimball
Attorney Contact:
Philip Z Kimball PLLC
111 Lawrence Street, Unit 6H
Brooklyn, NY 11201
(646)-801-8363
Fax: (212)-358-4717
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Vivek Jayaram
Attorney Contact:
Jayaram Law Group
33 N. Lasalle Street Suite 2900
Chicago, IL 60601
(312) 454-2859
Fax: (312) 624-7701
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Sing Sing Bell Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
Law Offices of T. Stephen Song, P.C.
154-08 Northern Blvd., 2G
Flushing, NY 11354
718-321-0770
Fax: 718-321-0799
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: 6 Saint Marks Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: West LA Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: L A K Inc
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: 54 East Entertainment, Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: 812 Broadway Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: M & S Music Studio Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: 3D Music Studio Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Singsing Media Inc.
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Karaoke Champ Inc.
Party type: Defendant
TERMINATED: 08/18/2015
Party: Ok Soon Lee
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Ae Sook Choi
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Sun Chul Lim
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Toshihiko Kida
Party type: Defendant
TERMINATED: 08/18/2015
Party: Jin E An
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Hye Kyung Han
Party type: Defendant
Attorney name: Tae Song
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: John Doe
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12015-05-05 COMPLAINT against 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, John Doe, Hye Kyung Han, Karaoke Champ Inc., Toshihiko Kida, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Filing Fee $ 350.00, Receipt Number 465401124548)Document filed by Phoenix Entertainment Partners, LLC.(moh) (Entered: 05/06/2015)
22015-05-05 CIVIL COVER SHEET filed. (moh) (Entered: 05/06/2015)
32015-06-01 INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 8/17/2015 at 04:15 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (See Order.) (Signed by Judge Analisa Torres on 6/1/2015) (ajs) (Entered: 06/01/2015)
42015-06-09 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Vivek Jayaram to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11012560. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phoenix Entertainment Partners, LLC. (Attachments: # 1 Exhibit A- Vivek Jayaram Certifcate of Good Standing IL Bar)(Jayaram, Vivek) Modified on 6/9/2015 (bcu). (Entered: 06/09/2015)
52015-08-14 FIRST PRELIMINARY PRETRIAL STATEMENT . Document filed by Phoenix Entertainment Partners, LLC.(Kimball, Philip) (Entered: 08/14/2015)
62015-08-17 MEMO ENDORSEMENT on PLAINTIFF'S INITIAL PRETRIAL REPORT PURSUANT TO JUNE 1, 2015 ORDER on re: 5 Preliminary Pretrial Statement filed by Phoenix Entertainment Partners, LLC. ENDORSEMENT: Plaintiff is directed to serve Defendants by September 2, 2015. The initial conference scheduled for August 17, 2015, is ADJOURNED to September 14, 2015, at 4:45 p.m. The parties shall submit their joint letter and proposed case management plan by September 11, 2015. SO ORDERED. (Service due by 9/2/2015., Initial Conference set for 9/14/2015 at 04:45 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 8/17/2015) (ajs) (Entered: 08/17/2015)
72015-08-17 ORDER: The initial conference scheduled for September 14, 2015, is ADJOURNED to September 23, 2015, at 4:15 p.m. SO ORDERED. Initial Conference set for 9/23/2015 at 04:15 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/17/2015) (ajs) (Entered: 08/17/2015)
82015-08-18 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff Phoenix Entertainment Partners, LLC, hereby gives notice that the above captioned action is voluntarily dismissed, with prejudice against defendants Johnmann USA Inc. DBA Karaoke Champ and Toshihiko Kida. SO ORDERED. Karaoke Champ Inc. and Toshihiko Kida terminated. (Signed by Judge Analisa Torres on 8/18/2015) (ajs) (Entered: 08/18/2015)
92015-09-03 NOTICE OF CHANGE OF ADDRESS by Philip Z Kimball on behalf of Phoenix Entertainment Partners, LLC. New Address: Philip Z Kimball PLLC, 111 Lawrence Street, Unit 6H, Brooklyn, New York, United States 11201, 6468018363. (Kimball, Philip) (Entered: 09/03/2015)
102015-09-17 FIRST LETTER MOTION for Extension of Time to File Response/Reply Pleading addressed to Judge Analisa Torres from Michelle Park, Esq. dated 9/17/2015. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 09/17/2015)
112015-09-18 ORDER granting 10 Letter Motion for Extension of Time to File Response/Reply. Defendants' request is GRANTED to the extent that by September 28, 2015, Defendants shall answer the complaint or submit a letter requesting a pre-motion conference pursuant to Paragraph III of this Court's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 9/18/2015) (ajs) (Entered: 09/18/2015)
122015-09-23 ENDORSED LETTER addressed to Judge Analisa Torres from Vivek Jayaram dated 9/22/2015 re: Adjournment of conference. ENDORSEMENT: The initial conference scheduled for September 23, 2015, is ADJOURNED to October 7, 2015, at 4:00 p.m. SO ORDERED. (Initial Conference set for 10/7/2015 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 9/23/2015) (ajs) (Entered: 09/23/2015)
132015-09-28 ANSWER to 1 Complaint,. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Attachments: # 1 Rule 7,1 Statement, # 2 Affirmation of Service)(Song, Tae) (Entered: 09/28/2015)
142015-10-07 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION for Conference addressed to Judge Analisa Torres from Law Offices of T. Stephen Song, P.C. dated October 7, 2015. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Phoenix Entertainment Partners, LLC, Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Attachments: # 1 Supplement Civil Case Management Plan and Scheduling Order)(Song, Tae) Modified on 10/13/2015 (db). (Entered: 10/07/2015)
152015-10-07 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, John Doe, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Phoenix Entertainment Partners, LLC, Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Analisa Torres on 10/7/2015) (ajs) (Entered: 10/08/2015)
162015-10-09 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 10/19/2015 at 02:15 PM in Courtroom 6B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein, and as further set forth in this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/9/2015) (rjm) (Entered: 10/09/2015)
172015-10-09 FIRST LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Law Offices of T. Stephen Song, P.C. dated October 9, 2015 re: Letter to Amend Representation. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 10/09/2015)
182015-10-13 MEMO ENDORSEMENT on re: 17 FIRST LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Law Offices of T. Stephen Song, P.C. dated October 9, 2015 re: Letter to Amend Representation. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc. ENDORSEMENT: Granted. The Clerk is directed to amend the docket sheet to indicate that this attorney does not represent the plaintiff. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/9/2015) (rjm) Modified on 10/14/2015 (tro). (Entered: 10/13/2015)
192015-10-19 MEMO ENDORSEMENT: Order giving parties direction as to whether they may proceed with the conference scheduled for today by telephone. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/15) (sg) (Entered: 10/19/2015)
202015-10-20 ORDER. After consultation with the parties, the following scheduling order is adopted by the Court pursuant to Rule 16 of the Federal Rules of Civil Procedure: All requests for documents and interrogatories pursuant to Local Civil Rule 33.3(a) shall be served by November 20, 2015. Any responses shall be served within 21 days. All non-expert discovery shall be commenced in time to be completed by April 21, 2016. Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B) or (C), including the identities and reports of experts, if any, will be made by May 5, 2016. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by June 1, 2016. Depositions of experts shall be completed by June 21, 2016. Any summary judgment motion shall be filed by July 6, 2016, and shall comply with paragraphs 2.B through 2.H of the Court's Individual Practices, and as further set forth in this Order. (Deposition due by 6/21/2016. Discovery due by 4/21/2016. Motions due by 7/6/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/2015) (rjm) (Entered: 10/20/2015)
212015-10-30 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Rule 26(A)(1) Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 10/30/2015)
222015-10-30 AFFIDAVIT OF SERVICE of Initial Disclosure served on Plaintiff's Counsel on 10/30/2015. Service was made by Mail. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Phoenix Entertainment Partners, LLC, Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Song, Tae) (Entered: 10/30/2015)
232015-11-03 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Phoenix Entertainment Partners, LLC.(Kimball, Philip) (Entered: 11/03/2015)
242015-11-03 RULE 26 DISCLOSURE.Document filed by Phoenix Entertainment Partners, LLC.(Kimball, Philip) (Entered: 11/03/2015)
252015-11-23 FIRST SET OF INTERROGATORIES to Plaintiff.Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 11/23/2015)
262015-11-23 REQUEST for Production of Documents.Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 11/23/2015)
272015-11-23 ACKNOWLEDGMENT OF SERVICE of Interrogatories and Doc. Demand served on Plaintiff on 11/23/15. Service was made by Mail. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc.. (Song, Tae) (Entered: 11/23/2015)
282015-12-23 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Philip Z Kimball dated December 23, 2015 re: Reimbursement of Service Expenses and Attorneys' Fees. Document filed by Phoenix Entertainment Partners, LLC. (Attachments: # 1 Exhibit)(Kimball, Philip) (Entered: 12/23/2015)
28.1 Exhibit
292015-12-23 ORDER. Order directing defendants to file any opposition to Docket # 28 by December 31, 2015 and for plaintiff to file any reply by January 6, 2016, as further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/23/15) (sg) (Entered: 12/23/2015)
302015-12-24 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Philip Z Kimball dated December 24, 2015 re: Reimbursement of Service Expenses and Attorneys' Fees. (Supplemental Materials). Document filed by Phoenix Entertainment Partners, LLC. (Attachments: # 1 Exhibit Exhibit C, # 2 Exhibit Exhibit D, # 3 Exhibit Exhibit E)(Kimball, Philip) (Entered: 12/24/2015)
312015-12-31 FIRST LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from T. Stephen Song dated 12/31/2015 re: Opposition to Plaintiff's Request for Defendants to Reimburse Service Fees and Attorneys' Fees. Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 12/31/2015)
322016-01-06 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Philip Z Kimball dated January 6, 2016 re: Reimbursement of Service Expenses and Attorneys' Fees (Reply Letter). Document filed by Phoenix Entertainment Partners, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kimball, Philip) (Entered: 01/06/2016)
332016-01-19 MEMORANDUM ORDER. Plaintiff Phoenix Entertainment Partners, LLC ("Phoenix") has made an application for an award of its costs for service of process on the defendants and attorney's fees under Fed. R. Civ. P. 4(d)(2). Accordingly, Phoenix is entitled to the cost of making service on the individual defendants but not the corporate defendants. Because Phoenix does not break down the costs between individual defendants and corporate defendants, see Receipt from United Process Service, Inc., appended as Ex. A to First Pl. Ltr., Phoenix is directed to make a new submission on this point. As for attorney's fees, the award of such fees are mandatory under Fed. R. Civ. P. 4(d)(2)(B). Phoenix states it has incurred $900 in attorney's fees for work associated with filing its application. See Declaration of Omar Malik in Support of Phoenix Entertainment Partners, LLC's Motion for Reimbursement of Service Expenses and Attorneys' Fees Against Defendants, appended as Ex. B to First Pl. Ltr. Defendants have not contested the reasonableness of this amount. Accordingly, the Court is prepared to award this amount as attorney's fees once the amounts for the cost of service on the corporate defendants have been determined. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/2016) (adc) (Entered: 01/19/2016)
342016-02-10 MEDIATION REFERRAL ORDER. It is hereby ORDERED that this case is referred for mediation to the Court annexed Mediation Program. The parties are hereby notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This 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 [email protected], telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/22/2016. Mediator Expertise Request due by 2/16/2016. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2016) (rjm) (Entered: 02/10/2016)
352016-04-05 LETTER MOTION for Extension of Time to Complete Discovery and entry of Confidentiality and Protective Order addressed to Magistrate Judge Gabriel W. Gorenstein from Philip Z Kimball dated April 5, 2016. Document filed by Phoenix Entertainment Partners, LLC. (Attachments: # 1 Exhibit Exhibit A - Proposed Confidentiality and Protective Order, # 2 Exhibit Exhibit B - Proposed Discovery Order)(Kimball, Philip) (Entered: 04/05/2016)
362016-04-13 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Applications to the Court for an order relating to materials or documents designated Confidential Information shall be in accordance with the Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/2016) (kgo) (Entered: 04/13/2016)
372016-04-13 REVISED SCHEDULING ORDER granting 35 Letter Motion for Extension of Time to Complete Discovery. In the above-captioned matter, as a modification to the pretrial schedule, the original discovery scheduling order is modified as follows: 1. All non-expert fact discovery shall be commenced to be completed by July 20, 2016. 2. Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B) or (C), including the identities and reports of experts, if any, will be made by August 3, 2016. 3. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by August 30, 2016. 4. Depositions of experts shall be completed by September 19, 2016. 5. Any summary judgment motion shall be filed by October 4, 2016, and shall comply with paragraphs 2.B through 2.H of the Court's Individual Practices. Deposition due by 9/19/2016. Discovery due by 7/20/2016. Motions due by 10/4/2016. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/2016) (kgo) (Entered: 04/13/2016)
382016-05-02 FIRST SET OF INTERROGATORIES to PHOENIX ENTERTAINMENT PARTNERS, LLC as successor in interest to SLEP-TONE ENTERTAINMENT CORPORATION.Document filed by 3D Music Studio Inc., 54 East Entertainment, Inc., 6 Saint Marks Inc., 812 Broadway Inc., Jin E An, Ae Sook Choi, John Doe, Hye Kyung Han, L A K Inc, Ok Soon Lee, Sun Chul Lim, M & S Music Studio Inc., Sing Sing Bell Inc., Singsing Media Inc., West LA Inc..(Song, Tae) (Entered: 05/02/2016)
402016-10-06 PRE TRIAL ORDER -- NON-JURY TRIAL. The deadline for the completion of discovery and the filing of summary judgment motions has now expired. Additionally, it appears that no party has demanded a trial by jury as required by Fed. R. Civ. P. 38. Accordingly, IT IS HEREBY ORDERED that the following procedures shall govern the bench trial in this matter: The parties shall submit a joint pretrial order in compliance with paragraph 3.B. of this Court's Individual Practices on or before October 27, 2016. The Court's Individual Practices are available from the Clerk's Office and via the internet at: www.nysd.uscourts.gov/judge/Gorenstein. In addition, on or before the same date above, each party shall submit Proposed Findings of Fact and Conclusions of Law. Each party may on the same date submit trial memoranda of law that summarize the expected facts and the applicable law, and that include any applications for rulings in limine. On or before October 27, 2016, the parties shall deliver to the Court (with a copy to their adversary) a looseleaf binder or binders containing: (1) a listing of that party's proposed exhibits (by number or letter), and as further specified and set forth in this Pre Trial Order. (Pretrial Order due by 10/27/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/6/2016) (rjm) (Entered: 10/06/2016)
412016-10-07 MEMO ENDORSEMENT on NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i). ENDORSEMENT: The Court received the within document from the Orders and Judgments Clerk. An answer has been filed in this case, however, see Docket #13, and thus the cited rule does not apply and a Court order is required for dismissal. Because there may be a dispute between the patties as to whether dismissal should be with or without prejudice (and with or without costs), the Court cannot "so order" this document. Accordingly, the parties are directed to determine whether they will enter into a stipulation dismissing this matter. If agreement cannot be reached, plaintiff has leave to move for dismissal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/7/2016) (kgo) (Entered: 10/07/2016)
422016-10-11 JOINT STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Phoenix Entertainment Partners LLC, and Defendants Sing Sing Bell Inc., 6 Saint Marks Inc., West LA Inc., LA K Inc., 54 East Entertainment, Inc., 812 Broadway Inc., M & S Music Studio Inc., 3D Music Studio Inc., Singsing Media Inc., Ok Soon Lee, Ae Sook Choi, Sun Chui Lim, Jin E. An, and Hye Kyung Han, by and through their undersigned counsel, hereby stipulate and agree to a dismissal with prejudice of this action. Each party will bear its own attorneys' fees and costs. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case in its entirety. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/2016) (tn) (Entered: 10/11/2016)
432016-10-11 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 10/11/2016 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (tn) (Entered: 10/14/2016)