Case Details

CourtMiddle District of Tennessee
Docket number3:12-cv-01081
Date case filed2012-10-19
Date case closed2014-08-01
Date of latest filing
Assigned toDistrict Judge Todd J. Campbell
Case cause28:2201 Declaratory Judgment
Nature of suit830 Patent
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: R & L Merchandise, LLC
Party type: Plaintiff
doing business asBella Ryan
Attorney name: Randall W. Burton
Attorney Contact:
Law Office of Randall W. Burton
144 Second Avenue, North
Suite 212
Nashville, TN 37201
(615) 620-5838
Fax: (615) 620-5837
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: William Timothy Harvey
Attorney Contact:
Harvey & Silvus
310 Franklin Street
Clarksville, TN 37040
(931) 552-0549
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Alex and Ani, LLC
Party type: Defendant
doing business asAlex and Ani
Attorney name: David J. Silvia
Attorney Contact:
Edwards Wildman Palmer LLP
One Canterbury Green
201 Broad Street
Stamford, CT 06901
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Maria A. Scungio
Attorney Contact:
Edwards Wildman Palmer LLP
750 Lexington Avenue
New York, NY 10022
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Autumn Gentry
Attorney Contact:
Dickinson Wright PLLC
Fifth Third Center
424 Church Street
Suite 1401
Nashville, TN 37219-2392
(615) 244-6538
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Daniel P. Berexa
Attorney Contact:
Cornelius & Collins, LLP
511 Union Street
Suite 1500
P O Box 190695
Nashville, TN 37219-0695
(615) 244-1440
Email: [email protected]
TERMINATED: 07/16/2013

Attorney name: Jack C. Schecter
Attorney Contact:
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
One Financial Center
Boston, MA 02111
Email: [email protected]
TERMINATED: 03/28/2014

Attorney name: Mary H. Adams
Attorney Contact:
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
One Financial Center
Boston, MA 02111
Email: [email protected]
TERMINATED: 03/28/2014

Attorney name: Nada I. Shamonki
Attorney Contact:
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
2029 Century Park East
Suite 1370
Los Angeles, CA 90067
Email: [email protected]
TERMINATED: 03/28/2014

Attorney name: Philip Michael Kirkpatrick
Attorney Contact:
Adams and Reese LLP (Nashville)
424 Church Street
Suite 2700
Nashville, TN 37219-0058
(615) 259-1485
Fax: (615) 259-1470
Email: [email protected]
TERMINATED: 01/24/2014

Attorney name: Richard M. Garbarini
Attorney Contact:
Garbarini Fitzgerald P.C.
420 Lexington Avenue
Suite 2743
New York, NY 10170
(212) 300-5358
Fax: (888) 265-7054
Email: [email protected]
TERMINATED: 07/16/2013
Party: Alex and Ani, LLC
Party type: Counter Plaintiff
Attorney name: David J. Silvia
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Maria A. Scungio
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Autumn Gentry
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Daniel P. Berexa
Attorney Contact:
(See above for address)
TERMINATED: 07/16/2013

Attorney name: Jack C. Schecter
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2014

Attorney name: Mary H. Adams
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2014

Attorney name: Nada I. Shamonki
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2014

Attorney name: Philip Michael Kirkpatrick
Attorney Contact:
(See above for address)
TERMINATED: 01/24/2014

Attorney name: Richard M. Garbarini
Attorney Contact:
(See above for address)
TERMINATED: 07/16/2013
Party: R & L Merchandise, LLC
Party type: Counter Defendant
Attorney name: Lauren Makowsky Wolfe
Attorney Contact:
Harvey & Silvus
310 Franklin Street
Clarksville, TN 37040
(931) 552-0549
Fax: (931) 552-0559
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: William Timothy Harvey
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-10-19 COMPLAINT against Alex and Ani, LLC, filed by R & L Merchandise, LLC. Filing fee paid $350. Summons issued. (Attachments: # 1 Exhibit 1-USD498,167, # 2 Exhibit 2-Alex & Ani, LLC cease and desist letter, # 3 Exhibit 3-email, # 4 Civil Cover Sheet, # 5 Summons)(eh) Modified on 10/22/2012 (eh). (Entered: 10/22/2012)
22012-10-19 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 10/22/2012)
32012-10-19 NOTICE of Initial Case Management Conference set for 12/10/2012 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. (eh) (Entered: 10/22/2012)
42012-10-24 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Pursuant to Local Rule 16.01(e)(1) and Fed. R. Civ. P. 26(d), discovery is not stayed absent order of the District Judge. This case shall be set for trial upon completion of the initial case management conference by order of the District Judge in accordance with the procedures of Local Rule 16.01(d)(5). IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 10/24/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 10/24/2012)
52012-11-09 MOTION for attorney Richard Garbarini to Appear Pro Hac Vice by Alex and Ani, LLC. $75 fee paid. (Attachments: # 1 Proposed Order)(eh) (Entered: 11/09/2012)
62012-11-09 CERTIFICATE OF GOOD STANDING of Attorney Richard M. Garbarini from the United States District Court for the Southern District of New York filed by Alex and Ani, LLC. (eh) (Entered: 11/09/2012)
72012-11-13 MOTION to Dismiss by Alex and Ani, LLC. (eh) (Entered: 11/13/2012)
82012-11-13 MEMORANDUM in Support of 7 MOTION to Dismiss filed by Alex and Ani, LLC. (eh) (Entered: 11/13/2012)
92012-11-13 DECLARATION of Richard M. Garbarini filed by Alex and Ani, LLC re: 7 MOTION to Dismiss. (Attachments: # 1 Exhibit A- October 17, 2012 Letter, # 2 Exhibit B- October 17, 2012 E-mail, # 3 Exhibit C- October 18, 2012 E-mail, # 4 Exhibit D- October 20, 2012 E-mail, # 5 Exhibit E- S.D.N.Y. Complaint, # 6 Exhibit F- Emails between counsel, # 7 Exhibit G-S.D.N.Y. First Amemded Complaint, # 8 Exhibit H- Bella Ryann Website)(eh) (Entered: 11/13/2012)
102012-11-13 ORDER granting 5 Motion for Richard Garbarini to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 11/13/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 11/13/2012)
112012-11-21 NOTICE of Appearance by Daniel P. Berexa on behalf of Alex and Ani, LLC (Berexa, Daniel) (Entered: 11/21/2012)
122012-11-26 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss by R & L Merchandise, LLC. (Burton, Randall) (Entered: 11/26/2012)
132012-11-26 MOTION for Leave to Appear Telephonically for Initial Case Management Conference by Alex and Ani, LLC. (Berexa, Daniel) (Entered: 11/26/2012)
142012-11-27 ORDER: Pending before the Court is Plaintiff's Motion to Enlarge Time Period for Plaintiff to Respond to Defendant's Motion to Dismiss (Docket No. 12). The Motion is GRANTED, and Plaintiff shall have until December 7, 2012, to file its Response. Any Reply shall be filed by December 21, 2012. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 11/27/12. (af) (Entered: 11/27/2012)
152012-12-06 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Berexa, Daniel) (Entered: 12/06/2012)
162012-12-08 RESPONSE in Opposition re 7 MOTION to Dismiss filed by R & L Merchandise, LLC. (Attachments: # 1 Attachment Unpublished Opinions)(Burton, Randall) (Entered: 12/08/2012)
172012-12-08 ***stricken*** PER ORDER D/E # 25-AMENDED COMPLAINT against Alex and Ani, LLC, filed by R & L Merchandise, LLC. (Attachments: # 1 Exhibit A, TN SOS Notice of Assumed Name, # 2 Exhibit B, US Patent D498167, # 3 Exhibit C, Cease & Desist Letter to R. Reep, # 4 Exhibit D, A&A Notice of Claim to BL Rogers)(Burton, Randall) Modified on 12/18/2012 (eh). (Entered: 12/08/2012)
182012-12-09 MOTION to Strike 17 Amended Complaint, by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 12/09/2012)
192012-12-09 MEMORANDUM in Support of 18 MOTION to Strike 17 Amended Complaint, filed by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 12/09/2012)
202012-12-10 MOTION for Leave to File Plaintiff's Response to Defendant's Motion to Dismiss Instanter re 16 Response in Opposition to Motion by R & L Merchandise, LLC. (Burton, Randall) Modified on 12/11/2012 (eh). (Entered: 12/10/2012)
212012-12-10 MOTION to Amend/Correct Complaint by R & L Merchandise, LLC. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Burton, Randall) (Entered: 12/10/2012)
222012-12-14 REPLY to Response to Motion re 7 MOTION to Dismiss filed by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 12/14/2012)
232012-12-18 RESPONSE in Opposition re 21 MOTION to Amend/Correct Complaint filed by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 12/18/2012)
242012-12-18 INITIAL CASE MANAGEMENT ORDER # 1: Amended Pleadings due by 5/31/2013, Discovery due by 6/28/2013, Motions due by 9/16/2013. Signed by Magistrate Judge Juliet E. Griffin on 12/18/2012. (SEE ORDER FOR OTHER DEADLINES)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/18/2012)
252012-12-18 CASE MANAGEMENT ORDER #2: The plaintiff's motion for leave to file plaintiff's response "instanter" (Docket Entry No. 20) is GRANTED. The defendant's motion to strike (Docket Entry No. 18) was GRANTED. As a result, the plaintiff filed a motion to amend its complaint on December 10, 2012 (Docket Entry No. 21). The defendant shall have until December 17, 2012, to file a response to the motion. Any reply, if necessary, shall be filed by December 24, 2012. The defendant's motion to allow lead counsel to participate in initial case management conference by telephone (Docket Entry No. 13) was GRANTED in part and DENIED in part. Counsel for the parties shall convene a telephone conference call with the Court on Friday, March 1, 2013, at 10:00 a.m., central time. The Clerk is directed to forward the file in this case to Judge Campbell for his consideration of the defendant's motion to dismiss and accompanying filings (Docket Entry Nos. 7-9), the plaintiff's response (Docket Entry No. 16), and the defendant's reply (Docket Entry No. 22). It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 12/18/2012. (SEE ORDER FOR OTHER DEADLINES) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/18/2012)
262012-12-19 ORDER: Jury Trial set for 3/4/2014 at 09:00 AM in Courtroom 874 before District Judge Todd J. Campbell, Pretrial Conference set for 2/24/2014 at 10:30 AM in Courtroom 874 before District Judge Todd J. Campbell, Exhibit List due by 2/14/2014, Witness List due by 2/14/2014, Proposed Pretrial Order due by 2/14/2014. Signed by District Judge Todd J. Campbell on 12/19/2012. (SEE ORDER FOR OTHER DEADLINES) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/19/2012)
272012-12-19 MOTION for Leave to File Response to 21 Motion for Leave to Amend the Complaint by Alex and Ani, LLC. (Garbarini, Richard) Modified Text on 12/27/2012 (dt). (Entered: 12/19/2012)
282012-12-20 CERTIFICATE OF SERVICE by Alex and Ani, LLC re 23 Response in Opposition to Motion (Garbarini, Richard) (Entered: 12/20/2012)
292012-12-20 CERTIFICATE OF SERVICE by Alex and Ani, LLC re 27 MOTION for Leave to to File Memorandum of Law re 23 Response in Opposition to Motion Instanter (Garbarini, Richard) (Entered: 12/20/2012)
302012-12-24 REPLY to Response to Motion re 21 MOTION to Amend/Correct Complaint filed by R & L Merchandise, LLC. (Burton, Randall) (Entered: 12/24/2012)
312012-12-26 ORDER granting 27 Motion for Leave to file opposition to plaintiff's motion for leave to amend. The defendant filed its response 23 to the plaintiff's motion to amend the complaint 21 . Signed by Magistrate Judge Juliet E. Griffin on 12/26/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/27/2012)
322012-12-27 CORPORATE DISCLOSURE STATEMENT filed by Alex and Ani, LLC. (Berexa, Daniel) (Entered: 12/27/2012)
332013-03-08 NOTICE of Filing by Alex and Ani, LLC, R & L Merchandise, LLC (Attachments: # 1 Attachment Declaration in Support of Pre-Answer Motion, # 2 Attachment Affidavit of Rodney Reep, # 3 Attachment R&L Secretary of State Filing Information, # 4 Attachment First Amended Complaint, # 5 Attachment Alex and Ani Retailers, # 6 Attachment 10.17.12 RMG Email, # 7 Attachment 10.18.12 RMG Email, # 8 Attachment 10.20.12 RMG Email, # 9 Attachment Declaratory Judgment Complaint, # 10 Attachment M.D. Tenn. Filing Instructions, # 11 Attachment Complaint, S.D. N.Y., # 12 Attachment Motion to Dismiss Tenn. Action, # 13 Attachment Motion to Dismiss Memorandum S.D.N.Y, # 14 Attachment Memorandum in Opposition to Motion Dismiss S.D.N.Y., # 15 Attachment Reep Reply Memorandum of Law S.D.N.Y., # 16 Attachment Endorsed Denial of Motion to File Sur-Reply S.D.N.Y.)(Berexa, Daniel) (Entered: 03/08/2013)
342013-03-25 ORDER: As also provided in the contemporaneously entered order granting the plaintiff's motion to amend, the defendant has until April 11, 2013, to file any supplementation to its motion and the plaintiff shall have 14 days from the filing of the defendant's supplementation, or until April 25, 2013, if the defendant's supplemental memorandum is filed on April 11,2013, to file a response. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/25/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/25/2013)
352013-03-25 ORDER: As provided herein, the plaintiff's motion to amend complaint (Docket Entry No. 21) is GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 3/25/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/25/2013)
362013-03-25 AMENDED COMPLAINT against Alex and Ani, LLC, filed by R & L Merchandise, LLC.(afs) (Entered: 03/25/2013)
372013-04-11 Supplemental MOTION to Dismiss the Amended Complaint by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 04/11/2013)
382013-04-11 MEMORANDUM in Support of 37 Supplemental MOTION to Dismiss the Amended Complaint filed by Alex and Ani, LLC . (Garbarini, Richard) (Entered: 04/11/2013)
392013-04-11 DECLARATION of Richard M. Garbarini filed by Alex and Ani, LLC re: 38 Memorandum in Support, 37 Supplemental MOTION to Dismiss the Amended Complaint. (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)(Garbarini, Richard) (Entered: 04/11/2013)
402013-04-12 NOTICE of Filing by Alex and Ani, LLC re 38 Memorandum in Support, Docket Annotation, 39 Declaration, 37 Supplemental MOTION to Dismiss the Amended Complaint Declaration of Richard M. Garbarini and Exhibits (Attachments: # 1 Exhibit A - October 17 Correspondence, # 2 Exhibit B - October 17 E-mail, # 3 Exhibit C - October 18 E-mail, # 4 Exhibit D - October 20 E-mail, # 5 Exhibit E - BL Rogers Correspondence, # 6 Exhibit F - SDNY Complaint, # 7 Exhibit G - October 22 E-mails, # 8 Exhibit H - SDNY First Amended Complaint, # 9 Exhibit I - Bella Ryann Website)(Garbarini, Richard) (Entered: 04/12/2013)
412013-04-25 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Amended Complaint by R & L Merchandise, LLC. (Burton, Randall) (Entered: 04/25/2013)
422013-04-25 RESPONSE in Opposition re 41 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Amended Complaint filed by Alex and Ani, LLC. (Attachments: # 1 Exhibit A - Email from Randall Burton)(Garbarini, Richard) (Entered: 04/25/2013)
432013-04-25 ORDER: Pending before the Court is Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion to Dismiss (Docket No. 41 ). The Motion is GRANTED, and Plaintiff shall have until April 30, 2013, to file its Response. Any Reply shall be filed by May 14, 2013. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 4/25/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 4/25/2013 (eh). (Entered: 04/25/2013)
442013-04-26 CERTIFICATE OF SERVICE by Alex and Ani, LLC re 42 Response in Opposition to Motion, (Garbarini, Richard) (Entered: 04/26/2013)
452013-04-30 RESPONSE to Motion re 37 Supplemental MOTION to Dismiss the Amended Complaint filed by R & L Merchandise, LLC. (Burton, Randall) (Entered: 04/30/2013)
462013-05-01 NOTICE of Filing by R & L Merchandise, LLC re 45 Response to Motion to Dismiss Amended Complaint (Attachments: # 1 Exhibit Declaration of Rodney Reep, # 2 Exhibit Declaration of Randa Reep, # 3 Attachment Wise Constr. v. Boyd, 2011 Tenn App LEXIS 124, # 4 Attachment WIse v.Constr. v. Boyd, 2011 Tenn LEXIS 682, # 5 Attachment Lindsey, Bradley & Malloy v. Media Mktg Sys., 2000 WL 1875882)(Burton, Randall) (Entered: 05/01/2013)
472013-05-01 DECLARATION of Randall Burton filed by R & L Merchandise, LLC re: 45 Response to Motion. (Attachments: # 1 Attachment Alex and Ani SDNY First Amended Complaint, # 2 Attachment R&L SDNY Motion to Dismiss and Memo in Support, # 3 Attachment Alex and Ani SDNY Response in Opposition to Motion Dismiss, # 4 Attachment R&L SDNY Reply Brief)(Burton, Randall) (Entered: 05/01/2013)
482013-05-14 REPLY to Response to Motion re 37 Supplemental MOTION to Dismiss the Amended Complaint filed by Alex and Ani, LLC. (Garbarini, Richard) (Entered: 05/14/2013)
492013-06-04 MEMORANDUM OF THE COURT. Signed by District Judge Todd J. Campbell on 6/4/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 06/04/2013)
502013-06-04 ORDER: Pending before the Court are Defendant's Motion to Dismiss (Docket No. 7 ) and Defendant's Supplemental Motion to Dismiss (Docket No. 37 ). For the reasons stated in the accompanying Memorandum, Defendant's Motions are GRANTED in part and DENIED in part. Plaintiff's claims for false advertising in violation of the Lanham Act are DISMISSED. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 6/4/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 06/04/2013)
512013-06-18 MOTION for Reconsideration re 50 Order,, by R & L Merchandise, LLC. (Burton, Randall) (Entered: 06/18/2013)
522013-06-18 MEMORANDUM in Support of 51 MOTION for Reconsideration re 50 Order,, filed by R & L Merchandise, LLC . (Burton, Randall) (Entered: 06/18/2013)
532013-07-08 ORDER: Pending before the Court is Plaintiff's Motion for Reconsideration (Docket No. 51 ). For the reasons stated in the Court's prior Memorandum (Docket No. 49), Plaintiff's Motion is DENIED. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 7/8/2013. (eh) Modified on 7/15/2013 (eh). (Entered: 07/08/2013)
542013-07-08 ORDER: By order entered June 4, 2013 (Docket Entry No. 50), the defendant's motion to dismiss and supplemental motion to dismiss (Docket Entry Nos. 7 and 37) were granted in part and denied in part, and, by order entered July 8, 2013 (Docket Entry No. 53), the plaintiff's motion for reconsideration (Docket Entry No. 51) was denied. Counsel for the parties shall convene a telephone conference call with the Magistrate Judge on Tuesday, July 16, 2013, at 9:00 a.m., to be initiated by defendant's counsel, to address the status of the case, including the status of discovery, the potential for settlement, propriety of ADR, and any other appropriate matters. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/8/2013. (eh) Modified text on 7/15/2013 (eh). (Entered: 07/09/2013)
552013-07-15 NOTICE of Appearance by Philip Michael Kirkpatrick on behalf of Alex and Ani, LLC (Kirkpatrick, Philip) (Entered: 07/15/2013)
562013-07-15 MOTION for attorney(s) Jack C. Schecter, Mary H. Adams, Nada I. Shamonki to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Alex and Ani, LLC. (Attachments: # 1 Attachment Jack C. Schecter Certificate of Good Standing from the District of Massachusetts, # 2 Attachment Mary H. Adams Certificiate of Good Standing District of Massachusetts, # 3 Attachment Nada L. Shamonki Certificate of Good Standing Central District of California)(Kirkpatrick, Philip) (Entered: 07/15/2013)
572013-07-15 MOTION to Continue Reschedule Telephone Conference Call by R & L Merchandise, LLC. (Burton, Randall) (Entered: 07/15/2013)
582013-07-16 ORDER: The plaintiff's motion to reschedule telephone conference call (Docket Entry No. 57 ) is GRANTED. The conference call, scheduled by order entered July 8, 2013 (Docket Entry No. 54), on July 16, 2013, is RESCHEDULED to Thursday, July 25, 2013, at 9:00 a.m., to be initiated by defendant's counsel, to address the status of case, including the status of discovery, the potential for settlement, propriety of ADR, and any other appropriate matters. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/16/2013. (eh) (Entered: 07/16/2013)
592013-07-16 ***DISREGARD***FILED IN ERROR-NOTICE of Appearance by Philip Michael Kirkpatrick on behalf of Alex and Ani, LLC (Kirkpatrick, Philip) Modified on 7/16/2013 (eh). (Entered: 07/16/2013)
602013-07-16 MOTION to Substitute Attorney by Alex and Ani, LLC. (Attachments: # 1 Attachment Proposed Agreed Order of Substitution)(Kirkpatrick, Philip) (Entered: 07/16/2013)
612013-07-16 NOTICE of Appearance by Autumn Gentry on behalf of Alex and Ani, LLC (Gentry, Autumn) (Entered: 07/16/2013)
622013-07-16 ORDER granting 60 Motion to Substitute Attorney. Signed by District Judge Todd J. Campbell on 7/16/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 07/16/2013)
632013-07-18 RECEIPT #34675027450 in the amount of $225 re 56 Motion to Appear Pro Hac Vice,. (eh) (Entered: 07/18/2013)
642013-07-22 ORDER: The defendant's motion for admission pro hac vice (Docket Entry No. 56 ) is GRANTED. Jack C. Schecter, Mary H. Adams and Nada I. Shamonki are hereby admitted to practice in this case on behalf of the defendant. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/22/2013. (eh) (Entered: 07/22/2013)
652013-07-24 MOTION to Continue Deadlines and Trial Date, MOTION for Extension of Time to File Answer by Alex and Ani, LLC. (Kirkpatrick, Philip) (Entered: 07/24/2013)
662013-07-29 ORDER granting 65 MOTION to Continue Deadlines and Trial Date and MOTION for Extension of Time to File Answer. Alex and Ani, LLC answer due 7/29/2013. Motion to Amend Pleadings reset for 10/4/2013. Discovery reset for 12/13/2013. Dispositive Motions deadline reset for 2/28/2014. Signed by Magistrate Judge Juliet E. Griffin on 7/29/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/29/2013)
672013-07-29 ANSWER to 36 Amended Complaint , COUNTERCLAIM AND REQUEST FOR DECLARATORY JUDGMENT against R & L Merchandise, LLC by Alex and Ani, LLC. (Attachments: # 1 Exhibit A - Bella Ryann Advertisement, # 2 Exhibit B - US Patent No D498167)(Kirkpatrick, Philip) (Entered: 07/29/2013)
682013-07-30 ORDER: Jury Trial set for 9/30/2014 09:00 AM in Courtroom 874 before District Judge Todd J. Campbell, Pretrial Conference set for 9/22/2014 09:00 AM in Courtroom 874 before District Judge Todd J. Campbell.Exhibit List due by 9/15/2014, Witness List due by 9/15/2014, Proposed Pretrial Order due by 9/15/2014. Signed by District Judge Todd J. Campbell on 7/30/2013.(SEE ORDER FOR OTHER DEADLINES)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 07/30/2013)
692013-08-01 REPORT of Mediation by Alex and Ani, LLC(Kirkpatrick, Philip) (Entered: 08/01/2013)
702013-08-28 ***DISREGARD-FILED IN ERROE***R & L Merchandising, LLC's ANSWER to 67 Answer to Amended Complaint, Counterclaim,, by R & L Merchandise, LLC.(Burton, Randall) Modified on 8/29/2013 (eh). (Entered: 08/28/2013)
712013-08-29 R & L Merchandising, LLC's ANSWER to 67 Answer to Amended Complaint, Counterclaim,, by R & L Merchandise, LLC.(Burton, Randall) (Entered: 08/29/2013)
722013-09-17 Joint MOTION for Protective Order by Alex and Ani, LLC. (Attachments: # 1 Attachment Proposed Protective Order)(Gentry, Autumn) (Entered: 09/17/2013)
732013-09-19 ORDER: The parties' joint motion for protective order (Docket Entry No. 72 ) is GRANTED, and the parties' proposed agreed protective order is contemporaneously entered. Signed by Magistrate Judge Juliet E. Griffin on 9/19/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 09/19/2013)
742013-09-19 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Juliet E. Griffin on 9/19/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 09/19/2013)
752013-11-08 Joint MOTION to Continue Scheduling Deadlines by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 11/08/2013)
762013-11-12 ORDER: The parties' joint motion to extend scheduling deadlines (Docket Entry No. 75 ) is GRANTED. Discovery due by 1/27/2014, Exhibit List due by 9/15/2014, Witness List due by 9/15/2014, Motions due by 5/16/2014, Proposed Pretrial Order due by 9/15/2014, Telephone Conference set for 11/15/2013 04:00 PM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 11/12/2013. (SEE ORDER FOR OTHER DEADLINES)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 11/12/2013)
772013-11-15 Joint MOTION Reschedule Telephone Conference by R & L Merchandise, LLC. (Burton, Randall) (Entered: 11/15/2013)
782013-11-18 ORDER: The parties' joint motion to reschedule telephone conference (Docket Entry No. 77 ) is GRANTED. The telephone conference call, scheduled by order entered November 12, 2013 (Docket Entry No. 76), is RESCHEDULED from November 15, 2013, to Thursday, November 21, 2013, at 2:00 p.m., to be initiated by defendant's counsel, to address whether a settlement conference would be necessary or productive, and, specifically, the status of the parties' settlement discussions, what representatives with full settlement authority would attend any such settlement conference, before which Magistrate Judge the parties would like to schedule a settlement conference, when the parties want to schedule a settlement conference, and any other appropriate matters. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 11/15/2013. (eh) (Entered: 11/18/2013)
792013-11-27 NOTICE of Appearance by William Timothy Harvey on behalf of R & L Merchandise, LLC (Harvey, William) (Entered: 11/27/2013)
802013-12-02 ORDER: Pursuant to the order entered November 18, 2013 (Docket Entry No. 78), counsel for the parties called the Court on November 21, 2013, at which time the following matters were addressed: The January 27, 2014, deadline for completion of fact discovery is extended to February 10, 2014. Upon their request and in consultation with Magistrate Judge Joe Brown, a settlement conference is tentatively scheduled before Judge Brown on Wednesday, January 8, 2014, at 9:30 a.m., in Courtroom 783, U.S. Courthouse, 801 Broadway, Nashville, TN. Signed by Magistrate Judge Juliet E. Griffin on 12/2/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/02/2013)
812013-12-03 ORDER: A settlement conference is set for 9:30 a.m., on Wednesday, January 8, 2014, in Courtroom 783, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Joe Brown on 12/3/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/03/2013)
822014-01-14 ORDER: The undersigned conducted a settlement conference in this matter on January 8, 2014. Although both parties bargained in good faith in an effort to reach a resolution, the parties were not able to agree on a final settlement in this matter. The Magistrate Judge retained the file with the request that the parties notify him if there were any further matters for consideration. Neither side has contacted the Magistrate Judge further. While the Magistrate Judge remains available, should the parties wish to contact him about further matters, at the present time it appears that there is nothing pending for the undersigned to do. The Clerk is directed to return the file to Magistrate Judge Griffin. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 1/14/2014. (eh) (Entered: 01/14/2014)
832014-01-15 ORDER: Magistrate Judge Brown has advised the undersigned that counsel for the parties indicated at the settlement conference held on January 8, 2014, that the parties may need to extend some scheduling deadlines, given their recent focus on attempting to reach a resolution of the case. Therefore, counsel for the parties shall convene a telephone conference call with the Court on Thursday, January 23, 2014, at 11:00 a.m., to be initiated by defendant's counsel, to address whether there is any need to adjust scheduling deadlines. If this scheduled date and time present scheduling conflicts for counsel, they shall confer and call Ms. Jeanne Cox, Courtroom Deputy, at 615-736-5164, to reschedule. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 1/15/2014. (eh) (Entered: 01/15/2014)
842014-01-16 NOTICE of Appearance by Lauren Makowsky Wolfe on behalf of R & L Merchandise, LLC (Wolfe, Lauren) (Entered: 01/16/2014)
852014-01-21 MOTION for Extension of Time to Complete Discovery and Amend Case Management Plan by R & L Merchandise, LLC. (Wolfe, Lauren) (Entered: 01/21/2014)
862014-01-23 RESPONSE in Opposition re 85 MOTION for Extension of Time to Complete Discovery and Amend Case Management Plan filed by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 01/23/2014)
872014-01-23 MOTION to Withdraw as Attorney Philip M. Kirkpatrick by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 01/23/2014)
882014-01-24 ORDER: Pending before the Court is a Motion to Withdraw as Counsel of Record (Docket No. 87 ), filed by one of Defendant's attorneys. The Motion is GRANTED, and Philip M. Kirkpatrick may withdraw from his representation of Plaintiff in this matter. The other attorneys of record for Defendant will continue to represent Defendant. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/24/2014. (eh) (Entered: 01/24/2014)
892014-01-24 ORDER: Pursuant to the order entered January 15, 2014 (Docket Entry No. 83), counsel for the parties called the Court on January 23, 2014, at which time the following matters were addressed: 1. The parties have continued their settlement discussions after the settlement conference before Magistrate Judge Brown on January 8, 2014, and expect to know within approximately one week whether or not they will be able to reach a resolution of the case. 2. The motion of the plaintiff/counter-defendant ("the plaintiff") to amend case management plan (Docket Entry No. 85 ) was GRANTED in part and DENIED in part. Signed by Magistrate Judge Juliet E. Griffin on 1/24/2014. (SEE ORDER FOR DEADLINES) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 01/24/2014)
902014-01-27 ORDER: Because of a typographical error in its previous Order (Docket No. 88), the Court files this Corrected Order: Pending before the Court is a Motion to Withdraw as Counsel of Record (Docket No. 87 ), filed by one of Defendant's attorneys. The Motion is GRANTED, and Philip M. Kirkpatrick may withdraw from his representation of Defendant in this matter. The other attorneys of record for Defendant will continue to represent Defendant. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/27/2014. (eh) (Entered: 01/27/2014)
912014-01-27 ORDER: Jury Trial set for 3/31/2015 09:00 AM in Courtroom 874 before District Judge Todd J. Campbell, Pretrial Conference set for 3/23/2015 10:00 AM in Courtroom 874 before District Judge Todd J. Campbell. Exhibit List due by 3/16/2015, Witness List due by 3/16/2015, Proposed Pretrial Order due by 3/16/2015. Signed by District Judge Todd J. Campbell on 1/27/2014. (SEE ORDER FOR OTHER DEADLINES) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 01/27/2014)
922014-01-28 ORDER: By order entered January 27, 2014 (Docket Entry No. 91), the trial in this case was rescheduled to March 31, 2015. The order entered January 24, 2014 (Docket Entry No. 89), provided that, after the Court considered the recommendation to reschedule the trial, a further conference call would be scheduled with the Magistrate Judge. Accordingly, counsel for the parties shall convene a telephone conference call with the Magistrate Judge on Monday, February 10, 2014, at 2:00 p.m., central time, to be initiated by defendant's counsel, to address any remaining potential for settlement, any adjustments to scheduling deadlines in light of the rescheduled trial date, and any other appropriate matters. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 1/28/2014. (eh) Modified on 1/30/2014 (eh). (Entered: 01/28/2014)
932014-02-12 ORDER: Pursuant to the order entered January 28, 2014 (Docket Entry No. 92), counsel for the parties called the Court on February 10, 2014, at which time they advised that the parties had reached a tentative settlement on the major material terms, but that they had not yet executed a full settlement agreement. They expect to be able to file an agreed order of dismissal by February 21, 2014. If the parties have not filed an agreed order of dismissal by February 21, 2014, a further telephone conference call with counsel for the parties and the Court will be scheduled. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 2/12/2014. (eh) (Entered: 02/12/2014)
942014-03-04 ORDER: The order entered February 12, 2014 (Docket Entry No. 93), indicated that the parties expected to file an agreed order of dismissal by February 21, 2014, and, if no such agreed order had been filed by February 21, 2014, a further conference call with counsel for the parties and the Court would be scheduled. On February 11, 2014, counsel called the office of the Magistrate Judge to advise that they needed an additional 2-3 weeks before an agreed order of dismissal could be filed. Counsel for the parties shall convene a telephone conference call with the Court on Wednesday, March 19, 2014, at 1:00 p.m., central time, to be initiated by defendant's counsel, to address when the parties will file an agreed order of dismissal. If the parties have filed an agreed order of dismissal before March 19, 2014, the conference call will be automatically cancelled. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/4/2014. (eh) (Entered: 03/04/2014)
952014-03-19 MOTION for attorney(s) Maria A. Scungio and David J. Silvia to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 03/19/2014)
962014-03-19 CERTIFICATE OF GOOD STANDING of Attorney Maria A. Scungio from the United States District Court for the Southern of New York filed by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 03/19/2014)
972014-03-19 CERTIFICATE OF GOOD STANDING of Attorney David J. Silvia from the United States District Court for the Connecticut of Connecticut filed by Alex and Ani, LLC. (Gentry, Autumn) (Entered: 03/19/2014)
982014-03-20 ORDER: Pursuant to the order entered March 4, 2014 (Docket Entry No. 94), counsel for the parties called the Court on March 19, 2014, at which time they reported on the status of the settlement agreement and the parties' efforts to resolve the "moving parts." The parties anticipate that they will reach a full resolution within the next three weeks. Counsel for the parties shall convene another telephone conference call with the Court on Thursday, April 10, 2014, at 3:00 p.m., to be initiated by defendant's counsel, to address when the parties will file an agreed order of dismissal, or, if the parties have reached an irrevocable impasse in settlement discussions, to address the remaining progression of this case. If the parties have filed an agreed order of dismissal before April 10, 2014, the conference call will be automatically cancelled. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/20/2014. (eh) (Entered: 03/21/2014)
992014-03-21 RECEIPT #34675030820 in the amount of $150 re 95 Motion to Appear Pro Hac Vice. (eh) (Entered: 03/21/2014)
1002014-03-28 MOTION to Withdraw as Attorney by Alex and Ani, LLC. (Attachments: # 1 Exhibit Exhibit A - Notice of Intent to Withdraw)(Gentry, Autumn) (Entered: 03/28/2014)
1012014-03-28 ORDER: Pending before the Court is a Motion To Withdraw (Docket No. 100 ). Through the Motion, attorneys Jack C. Schecter, Mary H. Adams, and Nada A. Shamonki seek permission to withdraw as counsel for the Defendant because the Defendant is now being represented by attorneys Maria Scungio, David Silvia and Autumn L. Gentry. The Motion is GRANTED. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/28/2014. (eh) (Entered: 03/28/2014)
1022014-04-09 ORDER: The motion of defendant/counter-plaintiff for admission pro hac vice (Docket Entry No. 95 ) is GRANTED. Maria A. Scungio and David J. Silvia are hereby admitted to practice on behalf of defendant and counter-plaintiff Alex and Ani, LLC d/b/a Alex and Ani. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 4/9/2014. (eh) (Entered: 04/09/2014)
1032014-04-11 ORDER: Pursuant to the order entered March 20, 2014 (Docket Entry No. 98), counsel for the parties called the Court on April 10, 2014, at which time they advised that they were close to a resolution, having made "excellent progress" on two out of the three substantial issues, but that they had not yet reached a final settlement. Counsel for the parties shall convene another telephone conference call with the Court on Thursday, May 1, 2014, at 4:00 p.m., to be initiated by defendant's counsel, to address whether the parties have reached a full settlement, whether the parties want to participate in further mediation with Magistrate Judge Brown, or, if the parties have reached an irrevocable impasse in settlement discussions, to address the remaining progression of this case. See order entered January 24, 2014 (Docket Entry No. 89), for the current scheduling deadlines. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 4/11/2014. (eh) (Entered: 04/14/2014)
1042014-05-02 ORDER: Pursuant to the order entered April 11, 2014 (Docket Entry No. 103), counsel for the parties called the Court on May 1, 2014, at which time they reported on the continued progress made toward reaching a resolution of this case. The parties remain optimistic that they can reach a resolution and may be able to do so within the next week. However, defendant's counsel will be out of the country during the middle part of May and the parties may have to await her return to continue discussions. Therefore, counsel for the parties shall convene another telephone conference call with the Court on Thursday, May 22, 2014, at 12:00 noon, central time, to be initiated by defendant's counsel, to address whether the parties have reached a full settlement, whether the parties want to participate in further mediation with Magistrate Judge Brown, or, if the parties have reached an irrevocable impasse in settlement discussions, to address the remaining progression of this case. See order entered January 24, 2014 (Docket Entry No. 89), for the current scheduling deadlines. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 5/2/2014. (eh) (Entered: 05/05/2014)
1052014-05-23 ORDER: Pursuant to the order entered May 2, 2014 (Docket Entry No. 104), counsel for the parties called the Court, at which time they reported on their productive communications with each other. Counsel for the parties shall convene another telephone conference call with the Court on Tuesday, June 24, 2014, at 1:00 p.m., central time, to be initiated by defendant's counsel, to address the progress toward reaching a resolution of this case. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 5/23/14. (af) (Entered: 05/23/2014)
1062014-06-25 ORDER: Pursuant to the order entered May 23, 2014 (Docket Entry No. 105), counsel for the parties called the Court on June 24, 2014, at which time they recounted that they had continued to make progress toward reaching a resolution of this case and that they believed that, within the next two weeks, they would be able to report that a full resolution had been reached. Counsel for the parties shall convene another telephone conference call with the Court on Thursday, July 10, 2014, at 4:00 p.m., central time, to be initiated by defendant's counsel, to address whether the parties have reached a full resolution of this case. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 6/24/2014. (eh) (Entered: 06/25/2014)
1072014-07-14 ORDER: Pursuant to the order entered June 25, 2014 (Docket Entry No. 106), counsel for the parties called the Court on July 10, 2014, at which time they reported on the progress of their settlement discussions. Counsel for the parties shall convene another telephone conference call with the Court on Tuesday, July 29, 2014, at 11:00 a.m., to be initiated by defendant's counsel, to address whether the parties have reached a final resolution and, if so, when they will file a stipulation of dismissal. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/14/2014. (eh) (Entered: 07/14/2014)
1082014-07-30 ORDER: By 8/1/2014, the parties shall file a stipulation of dismissal and proposed order of dismissal. The Clerk is directed to forward the file in this case to the Honorable Todd J. Campbell for his consideration of the parties' stipulation of dismissal and proposed order of dismissal to be filed no later than August 1, 2014. Unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Judge Magistrate Judge Juliet E. Griffin no longer assigned to case. Signed by Magistrate Judge Juliet E. Griffin on 7/30/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/30/2014)
1092014-07-31 STIPULATION of Dismissal wit Prejudice by Alex and Ani, LLC, R & L Merchandise, LLC. (Attachments: # 1 Proposed Order Stipulated Order of Dismissal)(Burton, Randall) (Entered: 07/31/2014)
1102014-08-01 ORDER: The parties have filed a Stipulation for Dismissal with Prejudice (Docket No. 109). Accordingly, this action is DISMISSED with prejudice, and the Clerk is directed to close the file. Any pending Motions are denied as moot. The pretrial conference set for March 23, 2015 and the jury trial set for March 31, 2015, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 8/1/14. (af) (Entered: 08/01/2014)