Plaintiff FragranceNet.com, Inc. alleges that defendant FragranceX.com Inc. took, misappropriated and copied more than 800 photographs from plaintiff's website without permission or compensation for use on a competing online retail store.
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Date Filed
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#
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Docket Text
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| May 12, 2006 |
1
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COMPLAINT (Original Complaint & Exhibits viewable in Clerk's Office)( Receipt# 325160) against FragranceX.com Inc. $ 350, filed by FragranceNet.com, Inc.. (Attachments: #
1 Civil Cover Sheet)(Duong, Susan) (Entered: May 17, 2006)
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| May 12, 2006 |
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Summons Issued as to FragranceX.com Inc.. (Duong, Susan) (Entered: May 17, 2006)
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| May 12, 2006 |
2
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Notice of Report on the filing of an action regarding a Copyright Infringement. (Duong, Susan) (Entered: May 17, 2006)
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| May 17, 2006 |
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Case Ineligible for Arbitration(Bollbach, Jean) (Entered: May 17, 2006)
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| May 25, 2006 |
3
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AMENDED COMPLAINT against FragranceX.com Inc., filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sherman, Robert) (Entered: May 25, 2006)
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| May 25, 2006 |
4
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SUMMONS Returned Executed by FragranceNet.com, Inc.. FragranceX.com Inc. served on 5/25/2006, answer due 6/14/2006. (Sherman, Robert) (Entered: May 25, 2006)
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| June 20, 2006 |
5
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NOTICE of Appearance by Robert S Weisbein on behalf of FragranceX.com Inc. (Weisbein, Robert) (Entered: June 20, 2006)
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| June 20, 2006 |
6
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NOTICE of Appearance by Atul R. Singh on behalf of FragranceX.com Inc. (Singh, Atul) (Entered: June 20, 2006)
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| June 20, 2006 |
7
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STIPULATION Extending Time to Answer or Otherwise Respond to Plaintiff's Complaint by FragranceX.com Inc.. (Attachments: # 1)(Singh, Atul) (Entered: June 20, 2006)
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| June 22, 2006 |
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ENDORSED ORDER re 7 Stipulation filed by FragranceX.com Inc. The Stipulation is hereby
"So-Ordered." The time for the Defendant FragranceX.com, Inc. to answer, move or otherwise respond to the Complaint is hereby extended up to and including June 30, 2006. Ordered by Judge
A. Kathleen Tomlinson on 6/22/06. (Cass, Luke) (Entered: June 22, 2006)
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| June 28, 2006 |
8
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Letter requesting pre-motion conference with the Court by FragranceX.com Inc.. (Rabinowitz, David) (Entered: June 28, 2006)
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| June 29, 2006 |
9
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Letter to Judge Bianco re: substitution of counsel by FragranceX.com Inc.. (Rabinowitz, David) (Entered: June 29, 2006)
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| June 29, 2006 |
10
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ORDER re 8 Letter filed by FragranceX.com Inc. The request is GRANTED. IT IS HEREBY
ORDERED that counsel for all parties appear for a pre-motion conference on July 20, 2006, at 11:00 a.m., in 100 Federal Plaza, Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER.
Ordered by Judge Joseph F. Bianco on 6/29/06. (Bellis, Carly) (Entered: June 29, 2006)
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| June 29, 2006 |
13
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STIPULATION AND ORDER for Substitution of Counsel - It is stipulated by and between the undersigned attorneys that Moses & Singer, LLP be substituted in place of Darby & Darby,
P.C., as counsel for Dft FragranceX.com, Inc. Signed by Judge Joseph F. Bianco on 6/29/06. (Valle, Christine) (Entered: July 11, 2006)
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| June 30, 2006 |
11
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Letter requesting denial of defendant's request for a pre-motion conference and granting plaintiff's request to have defendant file an answer by FragranceNet.com, Inc.. (Sherman,
Robert) (Entered: June 30, 2006)
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| July 5, 2006 |
12
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ORDER re 11 Letter filed by FragranceNet.com, Inc. Plaintiff's request that the Court
reconsider the Court's Order dated June 29, 2006, scheduling the pre-motion conference, is denied. Counsel for all parties shall appear for the pre-motion conference on July 20, 2006, at
11:00 a.m., in Central Islip, New York, Courtroom 920. SEE ATTACHED ORDER. Ordered by Judge Joseph F. Bianco on 7/5/06. (Bellis, Carly) (Entered: July 5, 2006)
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| July 18, 2006 |
14
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Letter requesting that the pre-motion conference scheduled on July 20, 2006 be cancelled on consent by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit Proposed Stipulation)(Sherman, Robert) (Entered: July 18, 2006)
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| July 20, 2006 |
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ORDER re 14 Letter filed by FragranceNet.com, Inc. Pursuant to the stipulation by
counsel for both parties, the pre-motion conference previously scheduled for July 20, 2006, is adjourned. Plaintiff is granted leave to file a second amended complaint and shall do so by
July 31, 2006. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/20/06. (Bellis, Carly) Modified on 7/20/2006 (Fagan, Linda). (Entered: July 20, 2006)
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| July 20, 2006 |
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Incorrect Case/Document/Entry Information. The 7/20/06 ORDER re: 14 has been modified
as follows: Plaintiff is granted leave to file a second amended complaint and shall do so by July 31, 2006. (All corrections have been made.) (Fagan, Linda) (Entered: July 20, 2006)
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| July 27, 2006 |
15
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AMENDED COMPLAINT (SECOND) against all defendants, filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A#
2 Exhibit B- Part 1# 3 Exhibit B- Part 2# 4 Exhibit C)(Clayton, Catherine) (Entered: July 27, 2006)
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| August 7, 2006 |
16
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ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David) (Entered: August 7, 2006)
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| August 7, 2006 |
17
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AFFIDAVIT of Service for Answer to Second Amended Complaint served on Paul, Hasting, Janofsky & Walker LLP on 8/7/06, filed by FragranceX.com Inc.. (Rabinowitz, David) (Entered:
08/07/2006)
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| September 19, 2006 |
18
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Amended ANSWER to Amended Complaint (Second) by FragranceX.com Inc..(Rabinowitz, David) (Entered: September 19, 2006)
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| March 26, 2007 |
19
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SCHEDULING ORDER: Initial conference set for April 6, 2007. No later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic
filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/26/07. (Cass, Luke) (Entered:
03/26/2007)
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| March 29, 2007 |
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ELECTRONIC ORDER: The Initial Conference scheduled for 4/6/07 has been rescheduled for 5/3/2007 at 10:00 AM before Magistrate-Judge A. Kathleen Tomlinson. (Ordered by Judge A. Kathleen
Tomlinson on 3/29/07) (Montero, Edher) (Entered: March 29, 2007)
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| March 29, 2007 |
20
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Letter requesting pre-motion conference re: filing an amended complaint by FragranceNet.com, Inc. (Sherman, Robert) (Entered: March 29, 2007)
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| March 30, 2007 |
21
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NOTICE by FragranceNet.com, Inc. Withdrawal of Catherine M. Clayton (Attachments: # 1 Affidavit of Catherine M. Clayton
in Pursuant to Local Rule 1.4# 2 Text of Proposed Order of Withdrawal) (Clayton, Catherine) (Entered: March 30, 2007)
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| March 30, 2007 |
22
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ORDER re 20 Letter filed by FragranceNet.com, Inc. By letter dated March 29, 2007,
counsel for plaintiff requested a pre-motion conference. IT IS HEREBY ORDERED that counsel for all parties participate in a pre-motion conference by telephone on April 10, 2007, at 10:00
a.m. Counsel for plaintiff shall initiate the call by contacting Chambers at 631-712-5670 with counsel for all parties on the line. See Attached Order. Ordered by Judge Joseph F. Bianco
on 3/30/07. (Bellis, Carly) (Entered: March 30, 2007)
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| April 3, 2007 |
23
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Letter requesting adjournment of pre-motion conference by FragranceNet.com, Inc. (Sherman, Robert) (Entered: April 3, 2007)
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| April 3, 2007 |
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ORDER re 23 Letter filed by FragranceNet.com, Inc. Pursuant to plaintiff's request, IT
IS HEREBY ORDERED that the telephone conference previously scheduled for April 10, 2007, is adjourned to April 18, 2007 at 10:00 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on
4/3/07. (Bellis, Carly) (Entered: April 3, 2007)
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| April 13, 2007 |
24
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NOTICE of Appearance by Rebecca Kelder Myers on behalf of FragranceNet.com, Inc. (aty to be noticed) (Attachments: # 1
Certificate of Service) (Myers, Rebecca) (Entered: April 13, 2007)
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| April 13, 2007 |
25
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Letter MOTION to Adjourn Conference Letter requesting adjournment of Discovery Planning Conference by FragranceNet.com, Inc.. (Myers, Rebecca) (Entered: April 13, 2007)
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| April 16, 2007 |
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NOTICE: The telephone conference scheduled for April 18, 2007 at 10:00 a.m. will be held at 4:00 p.m. Ordered by Judge Joseph F. Bianco on 4/16/07. (Savona, Michele) (Entered: April 16, 2007)
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| April 17, 2007 |
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ELECTRONIC ORDER granting 25 Motion to Adjourn Conference. The motion to adjourn the
May 3, 2007 discovery planning conference is GRANTED. The parties are hereby advised that the filing of a motion does not automatically stay discovery. Therefore, notwithstanding the
filing of Plaintiff's motion for leave to file an amended complaint, a discovery planning conference will be held on June 4, 2007 at 11 a.m. No further adjournments will be granted. The
parties are reminded that no later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF
(Electronic Case Filing) system, a joint proposed discovery plan. Ordered by Judge A. Kathleen Tomlinson on 4/17/07. (Cass, Luke) (Entered: April 17, 2007)
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| April 18, 2007 |
26
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Letter to Judge Bianco by FragranceX.com Inc. (Rabinowitz, David) (Entered: April 18, 2007)
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| April 18, 2007 |
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ORDER re 26 Letter filed by FragranceX.com Inc. Pursuant to the parties' joint
request, the telephone conference is adjourned to April 25, 2007 at 1:00 p.m. Counsel shall contact Chambers in Brooklyn at 718-613-2190 with counsel for both sides on the line. SO
ORDERED. Ordered by Judge Joseph F. Bianco on 4/18/07. (Bellis, Carly) (Entered: April 18, 2007)
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| April 25, 2007 |
27
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Minute Entry for proceedings held before Joseph F. Bianco : Pretrial Conference held on 4/25/2007; case called; all sides present; motion to be filed by 5/4/07; response by 5/18/07; reply
by 5/25/07; oral argument set for 6/4/07 at 9:30 (Bollbach, Jean) (Entered: April 26, 2007)
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| May 4, 2007 |
28
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Notice of MOTION for Leave to File Third Amended Complaint by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit
[Proposed] Order) (Sherman, Robert) (Entered: May 4, 2007)
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| May 4, 2007 |
29
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AFFIDAVIT in Support re 28 Notice of MOTION for Leave to File Third Amended
Complaint of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert) (Entered: May 4, 2007)
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| May 4, 2007 |
30
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AFFIDAVIT in Support re 28 Notice of MOTION for Leave to File Third Amended
Complaint of Rebecca Myers, Esq. filed by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit A Part 3# 4 Exhibit A Part 4# 5 Exhibit B# 6 Exhibit C) (Sherman, Robert) (Entered: May 4, 2007)
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| May 4, 2007 |
31
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MEMORANDUM in Support re 28 Notice of MOTION for Leave to File Third Amended
Complaint of Fragrancenet's by FragranceNet.com, Inc.. (Sherman, Robert) (Entered: May 4, 2007)
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| May 18, 2007 |
32
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MEMORANDUM in Opposition re 28 Notice of MOTION for Leave to File Third Amended
Complaint Memorandum of Defendant FragranceX.com, Inc. in Opposition to Motion to Leave to Amend Complaint by FragranceX.com Inc.. (Rabinowitz, David) (Entered: May 18, 2007)
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| May 18, 2007 |
33
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AFFIDAVIT in Opposition re 32 Memorandum in Opposition Affidavit of Joy Fallek
by FragranceX.com Inc.. (Rabinowitz, David) (Entered: May 18, 2007)
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| May 25, 2007 |
34
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REPLY to Response to Motion re 28 Notice of MOTION for Leave to File Third Amended
Complaint Reply Declaration of Dennis M. Apfel filed by FragranceNet.com, Inc.. (Sherman, Robert) (Entered: May 25, 2007)
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| May 25, 2007 |
35
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REPLY to Response to Motion re 28 Notice of MOTION for Leave to File Third Amended
Complaint Reply Memorandum of Plaintiff Fragrancenet in Support of filed by FragranceNet.com, Inc.. (Sherman, Robert) (Entered: May 25, 2007)
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| May 30, 2007 |
36
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Proposed Scheduling Order and Joint Proposed Case Management Order by FragranceNet.com, Inc. (Attachments: # 1 Exhibit
A Stipulation and Proposed Order Governing the Production of Documents and Information) (Sherman, Robert) (Entered: May 30, 2007)
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| May 30, 2007 |
37
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STIPULATION and Proposed Order Governing the Production of Documents and Information by FragranceNet.com, Inc. (Sherman, Robert) (Entered: May 30, 2007)
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| May 31, 2007 |
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ORDER: The conference scheduled before Judge Bianco on June 4, 2007, at 9:30 a.m., will instead be held at 9:00 a.m. in Courtroom 920. SO ORDERED. Ordered by Judge Joseph F. Bianco on
5/31/07. (Bellis, Carly) (Entered: May 31, 2007)
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| June 4, 2007 |
38
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Minute Entry for proceedings held before Joseph F. Bianco : Oral Argument held on 6/4/2007; case called; all sides present; argument heard and decision reserved. (Tape #9:00 - 9:44.)
(Bollbach, Jean) (Entered: June 4, 2007)
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| June 4, 2007 |
39
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Minute Entry for proceedings held before A. Kathleen Tomlinson : Initial Conference Hearing held on 6/4/2007. SCHEDULING: The next conference will be held on October 23, 2007 at 10:30
a.m. THE FOLLOWING RULINGS WERE MADE: 1.The parties appeared for the Initial Conference this morning after having appeared before District Judge Bianco on Plaintiff's request to amend the
Complaint. The parties advise that Judge Bianco directed discovery to go forward on the claim set forth in the existing Complaint. If the motion is subsequently granted, the scope and
timing of discovery will be addressed further. 2.The parties previously met for a Rule 26(f) conference and agreed on certain elements of the discovery schedule. I am adopting the case
management plan submitted by them as to the points on which they agreed. I have imposed the remaining dates. The Case Management and Scheduling Order will be entered separately. Initial
disclosures are to be served no later than June 8, 2007. 3.With regard to production, the parties have entered into a Stipulation and Order governing the production of documents and
information. I will review the Stipulation and if acceptable will so order the document separately. 4. The parties have preliminarily discussed production of electronically stored data
and corresponding metadata. Should any dispute arise over the form or content of such production, the parties are to contact Chambers immediately to discuss. 5.Defendant wishes to
bifurcate discovery on liability and damages. I have advised Defendant's counsel that such a request requires motion practice. The parties are directed to follow my Individual Practice
Rules with respect to the filing of letter motions.SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.) (Entered:
06/04/2007)
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| June 5, 2007 |
40
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CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a)is June 4, 2007; First request for production
of documents and first request for interrogatories due by July 11, 2007; Deadline for joinder of additional parties and amendment of pleadings is September 6, 2007; Status Conference is
scheduled for October 23, 2007, at 10:30 a.m.; All fact discovery to be completed by February 22, 2008; Expert reports to be served by June 2, 2008; Rebuttal expert reports to be served
by July 16, 2008; Expert depositions to be concluded by August 29, 2008; Dispositive motion process started by September 8, 2008; Joint pretrial order due by October 8, 2008; Pretrial
Conference is set for October 15, 2008 at 11 a.m. The parties are informed that in light of the extended dates given for discovery, no extensions will be granted and the parties should
guide themselves accordingly. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 6/4/07. (Tomlinson, A.) (Entered: June 5, 2007)
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| June 12, 2007 |
41
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ORDER denying 28 Motion for Leave to File. For the reasons set forth in the attached
Memorandum and Order, plaintiff's motion for leave to file a Third Amended Complaint is denied as futile. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by JudgeJoseph F. Bianco on 6/12/07.
(Bellis, Carly) (Entered: June 12, 2007)
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| June 19, 2007 |
42
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Letter requesting that the Court certify for immediate appeal the June 12, 2007 Order by FragranceNet.com, Inc. (Sherman, Robert) (Entered: June 19, 2007)
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| June 20, 2007 |
43
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Letter opposing certification for immediate appeal of the June 12, 2007 Order by FragranceX.com Inc. (Rabinowitz, David) (Entered: June 20, 2007)
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| June 21, 2007 |
44
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MOTION to Bifurcate Letter Motion to Bifurcate Discovery by FragranceX.com Inc.. (Rabinowitz, David) (Entered: June 21, 2007)
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| June 21, 2007 |
45
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AFFIDAVIT/AFFIRMATION re 44 MOTION to Bifurcate Letter Motion to Bifurcate
Discovery Affidavit of Service of Letter Motion to Bifurcate Discovery by FragranceX.com Inc. (Rabinowitz, David) (Entered: June 21, 2007)
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| June 25, 2007 |
46
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RESPONSE in Opposition re 44 MOTION to Bifurcate Letter Motion to Bifurcate
Discovery Letter in Opposition to Defendant's Motion to Bifurcate Discovery filed by FragranceNet.com, Inc.. (Sherman, Robert) (Entered: June 25, 2007)
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| July 2, 2007 |
47
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ORDER re 42 Letter filed by FragranceNet.com, Inc. For the reasons set forth in the
attached Order, plaintiff's request that this Court certify for immediate appeal the Court's June 12, 2007 Memorandum and Order is DENIED. See Attached Order. Ordered by Judge Joseph F.
Bianco on 7/2/07. (Bellis, Carly) (Entered: July 2, 2007)
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| August 28, 2007 |
48
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ORDER denying 44 Motion to Bifurcate. Defendant's motion is DENIED. I find that
Defendant has not established entitlement to an order bifurcating discovery nor that good cause exists to warrant a stay of discovery on damages. SEE ATTACHED ORDER. Ordered by Judge A.
Kathleen Tomlinson on 8/28/07. (Cass, Luke) (Entered: August 28, 2007)
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| August 30, 2007 |
49
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Letter MOTION for Extension of Time to File and Extend the Deadline for Joinder of Additional Parties and Amendment of Pleadings for Sixty Days to and Including November 5, 2007 by
FragranceNet.com, Inc.. (Sherman, Robert) (Entered: August 30, 2007)
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| August 31, 2007 |
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ELECTRONIC ORDER deferring ruling on 49 Motion for Extension of Time to File. I am
directing defense counsel to file opposition to Plaintiff's letter motion DE 49 within
three (3) business days. If no response is received, Plaintiff's motion will be submitted for review and determination as unopposed. Ordered by Judge A. Kathleen Tomlinson on 8/31/07.
(Cass, Luke) (Entered: August 31, 2007)
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| September 28, 2007 |
50
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Letter MOTION to Compel Letter requesting order compelling defendant to provide interrogatory answers, documents and things by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A) (Sherman, Robert) (Entered: September 28, 2007)
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| September 28, 2007 |
51
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Letter MOTION for Protective Order by FragranceNet.com, Inc.. (Attachments: # 1 Exhibit A) (Sherman, Robert) (Entered:
09/28/2007)
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| October 3, 2007 |
52
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RESPONSE to Motion re 50 Letter MOTION to Compel Letter requesting order compelling
defendant to provide interrogatory answers, documents and things Defendant's Letter Response to Motion to Compel filed by FragranceX.com Inc.. (Attachments: # 1 Second Amended Complaint, Pt. 1# 2 Second Amended Complaint, Pt. 2#
3 Second Amended Complaint, Pt. 3# 4 Yakuel Declaration# 5 Defendant's Document Production Request# 6 Myers Affidavit, Pt. 1#
7 Myers Affidavit, Pt. 2# 8 Myers Affidavit, Pt. 3# 9 Myers Affidavit, Pt. 4) (Rabinowitz, David) (Entered: October 3, 2007)
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| October 3, 2007 |
53
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RESPONSE to Motion re 51 Letter MOTION for Protective Order Defendant's Letter
Response to Motion for Protective Order filed by FragranceX.com Inc.. (Rabinowitz, David) (Entered: October 3, 2007)
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| October 5, 2007 |
54
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Letter requesting permission to submit a brief reply to defendant's 10/3/07 letter in response to plaintiff's letter motion to compel by FragranceNet.com, Inc. (Sherman, Robert)
(Entered: October 5, 2007)
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| October 12, 2007 |
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ELECTRONIC ORDER granting 49 Motion for Extension of Time to File. Based on the
representations made in Plaintiff's August 30, 2007 letter DE 49 , the motion to
extend the deadline for joinder of additional parties and amendment of pleadings to November 5, 2007 is GRANTED. All remaining dates contained in the Case Management and Scheduling Order
DE 40 remain in effect. Ordered by Judge A. Kathleen Tomlinson on 10/12/07. (Cass,
Luke) (Entered: October 12, 2007)
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| October 12, 2007 |
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ELECTRONIC ORDER re 54 Letter filed by FragranceNet.com, Inc. I have reviewed
Plaintiff's motion for leave to serve a brief reply to Defendant's opposition to Plaintiff's motion to compel. Since Defendant's opposition contains a three-page Declaration as well as
substantial exhibits, I am hereby GRANTING Plaintiff's motion. Plaintiff is directed to file its reply no later than October 18, 2007. Ordered by Judge A. Kathleen Tomlinson on 10/12/07.
(Cass, Luke) (Entered: October 12, 2007)
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| October 18, 2007 |
55
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REPLY to Response to Motion re 50 Letter MOTION to Compel Letter requesting order
compelling defendant to provide interrogatory answers, documents and things filed by FragranceNet.com, Inc.. (Attachments: # 1 Attachment Part 1 of 2# 2 Attachment Part 2 of 2) (Sherman, Robert)
(Entered: October 18, 2007)
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| October 18, 2007 |
56
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Letter Joint Letter Reporting on the Status of Discovery by FragranceNet.com, Inc. (Sherman, Robert) (Entered: October 18, 2007)
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| October 19, 2007 |
57
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NOTICE of Appearance by Sara Jessica Crisafulli on behalf of FragranceNet.com, Inc. (aty to be noticed) (Crisafulli, Sara) (Entered: October 19, 2007)
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| October 19, 2007 |
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ELECTRONIC ORDER re 56 Letter filed by FragranceNet.com, Inc. Based on the
representations made in the parties' October 18, 2007 letter DE 56 , the October 23,
2007 status conference is adjourned and will be held on a later date set by the Court. Plaintiff's request concerning the joinder of additional parties and amendment of pleadings is
GRANTED with the understanding that no further extensions of this deadline will be permitted. Ordered by Judge A. Kathleen Tomlinson on 10/19/07. (Cass, Luke) (Entered: October 19, 2007)
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| October 23, 2007 |
58
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NOTICE by FragranceNet.com, Inc. Withdrawal of Rebecca K. Myers (Attachments: # 1 Affidavit of Rebecca K. Myers
Pursuant to Local Rule 1.4# 2 Text of Proposed Order of Withdrawal) (Myers, Rebecca) (Entered: October 23, 2007)
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