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Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-10575-LTS-SLC
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-10575-LTS-SLC
JLM Couture, Inc. v. Gutman
DOCKET INFORMATION
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| Plaintiff |
JLM Couture, Inc.
Plaintiff
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| Representation | |||
| Sarah Michal Matz Adelman Matz P.C. 1173A Second Ave, Ste 153 NY, NY 10065 (646) 650-2207 Fax: (646) 650-2108 sarah@adelmanmatz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Barry Maxwell Golden Adelman Matz P.C. 780 Third Avenue 14th Floor New York, NY 10017 (646) 650-2207 Fax: (646) 650-2108 bgolden@adelmanmatz.com ATTORNEY TO BE NOTICED | David Michael Marcus Adelman Matz P.C. 1173A Second Ave, Ste 153 NY, NY 10065 (646) 650-2207 Fax: (646) 650-2108 david@adelmanmatz.com ATTORNEY TO BE NOTICED | |
| Gary Philip Adelman Adelman Matz P.C. 1173A Second Ave, Ste 153 NY, NY 10065 (646) 650-2207 Fax: (646) 650-2108 g@adelmanmatz.com ATTORNEY TO BE NOTICED | Michelle Christine Malone Helbraun & Levey LLC 40 Fulton Street, Ste 28th Floor New York, NY 10038 (212) 219-1193 michelle.malone@helbraunlevey.com TERMINATED: 01/10/2022 | ||
| Defendant |
Hayley Paige Gutman
Defendant
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| Representation | |||
| Bruce Eric Menken Menken Simpson & Rozger LLP 80 Pine St., 33rd Flr. New York, NY 10005-1702 (212) 509-1616 bmenken@bmbblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Steven Mark Kaplan Kaplan Levenson P.C. 910 Sylvan Ave, Ste 105 Englewood Cliffs, NJ 07632 (212) 983-6900 Fax: (212) 983-9210 smk@kaplev.com TERMINATED: 01/21/2021 LEAD ATTORNEY | Joseph Craig Lawlor Haynes and Boone, LLP (NY) 30 Rockefeller Plaza 26th Floor New York, NY 10112 (212) 659-4985 joseph.lawlor@haynesboone.com ATTORNEY TO BE NOTICED | |
| Richard D. Rochford , Jr. Haynes and Boone, LLP (NY) 30 Rockefeller Plaza 26th Floor New York, NY 10112 (212) 659-4985 Fax: (212) 918-8989 richard.rochford@haynesboone.com ATTORNEY TO BE NOTICED | Tiffany Marie Cooke Haynes and Boone, LLP 2323 Victory Avenue, Suite 700 Dallas, TX 75219 (214) 651-5000 Fax: (214) 200-0847 tiffany.cooke@haynesboone.com ATTORNEY TO BE NOTICED | ||
| Counter Claimant |
Joseph L. Murphy TERMINATED: 08/13/2021Counter Claimant
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Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Dec 15, 2020 | View | COMPLAINT against Hayley Paige Gutman. (Filing Fee $ $402.00, Receipt Number 465401270869)Document filed by JLM Couture, Inc...(gp) (Entered: 12/15/2020) |
| 2 | Dec 15, 2020 | Request | ORDER sealing Other Documents and Exhibits. (Signed by Judge Sidney H. Stein on 12/15/2020) (gp) (Entered: 12/15/2020) |
| 3 | Dec 15, 2020 | Request | CIVIL COVER SHEET filed..(gp) (Entered: 12/15/2020) |
| Dec 15, 2020 | Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) (Entered: 12/15/2020) | ||
| Dec 15, 2020 | Case Designated ECF. (gp) (Entered: 12/15/2020) | ||
| Dec 15, 2020 | SUMMONS ISSUED as to Hayley Paige Gutman..(gp) (Entered: 12/15/2020) | ||
| 4 | Dec 15, 2020 | View | SEALING ORDER. It is; ORDERED, that JLM's request is granted and the parties are hereby ordered to file the following documents under seal with respect to JLM's motion for a temporary restraining order and preliminary injunction, and in each filing before this Court, unless this order, or any part thereof, is vacated or modified: (a) Exhibit. 2 to the TRO Decl., which is copy of JLM's initial employment agreement with Defendant Hayley Paige Gutman, ("Defendant" or "Gutman" or "Hayley Paige") dated July 13, 2011; (b) Exhibit 55 to the TRO Decl., which is a copy of a chart containing JLM's approximate expenses and costs related to one of its fashion lines, per year and by expense; (c) Exhibit 62 to the TRO Decl., which is a copy of an amendment to Gutman's employment agreement with JLM, dated July 15, 2014; (d) Exhibit 64 to the TRO Decl., which is a copy of an agreement between JLM and a third-party Hearts On Fire Company, LLC; (e) Exhibit 66 to the TRO Decl., which is a letter that JLM sent to Gutman dated February 2, 2019, in which JLM exercised its option to renew Gutman's employment agreement. ORDERED that a copy of this order shall be sufficient to seal all documents set forth herein, subject to review by the U.S. District Judge to whom this action is assigned. (Signed by Judge Sidney H. Stein, Part I on 12/15/2020) (rjm) (Entered: 12/15/2020) |
| 5 | Dec 15, 2020 | Request | ORDER:The Court will hold a hearing on the Plaintiffs application for a Temporary Restraining Order on December 16, 2020, at 10:00 a.m. via teleconference. To access the conference, the parties must dial 888-363-4734, enter the access code 1527005#, and the security code 2699#. Members of the press and public may call the same number, but will not be permitted to speak during the hearing. In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the conference: as set forth herein. SO ORDERED., ( Telephone Conference set for 12/16/2020 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/15/2020) (ama) (Entered: 12/15/2020) |
| 6 | Dec 16, 2020 | Request | ORDER: In advance of the TRO application hearing scheduled for this morning, December 16, 2020, at 10:00 a.m., the parties are directed to meet and confer in a good faith effort to resolve the TRO application and to agree on a proposed schedule for the briefing and consideration of the application for a preliminary injunction. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/16/2020) (ama) (Entered: 12/16/2020) |
| 7 | Dec 16, 2020 | Request | NOTICE OF APPEARANCE by Steven Mark Kaplan on behalf of Hayley Paige Gutman..(Kaplan, Steven) (Entered: 12/16/2020) |
| 8 | Dec 16, 2020 | View | ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Hayley Paige Gutman., It is hereby: ORDERED, that the above named defendant, Hayley Paige Gutman ("Gutman") show cause in a hearing by remote means to be specified, on January 29, 2021, at 9:30 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure as follows: during the pendency of this action, enjoining Defendant, along with her officers, agents, servants, employees, and attorneys and all other persons who are in active concert or participation with them, from taking any of the following actions as further set forth in this Order. IT IS HEREBY ORDERED that security in the amount of $200,000.00 be posted by the Plaintiff by the 21st day of December, 2020 at 2:00 p.m. of that day; and it is further ORDERED that personal service of a copy of this order and Plaintiff's moving papers upon the Defendant or Defendant's counsel by federal express on or before December 21, 2020, shall be deemed good and sufficient service thereof; and it is further ORDERED, that answering papers be served on Adelman Matz P.C., 780 Third Avenue, 14th Floor, New York, New York 10017, with a copy by email to sarah@adelmanmatz.com, and filed with the Court on or before 4:00 p.m. on the 12th day of January, 2021, and that Plaintiff's reply papers be served on Defendants' counsel, with a copy by email, and filed with the Court on or before 4:00 p.m. on the 22nd day of January 2021. Courtesy copies of all submissions shall be provided for Chambers via the email address specified on the Court website for use for Chambers testimony shall be in the form of affidavits filed with the parties' principal submissions. Any live testimony at the preliminary injunction hearing will be limited to cross examination. The parties are directed to meet and confer and, by 12:00 p.m. noon on January 27, 2021, file with the Court (1) a consolidated and bookmarked (to indicate exhibit numbers) pdf containing all of the exhibits to be relied upon for the hearing (cross-referenced to the submissions in which they were originally filed), and (2) a joint submission identifying the witnesses to be presented for cross-examination, the parties' agreed protocols for presentation of testimony remotely, and the time proposed to be allocated for each witness, and the time proposed to be allocated for argument. (Signed by Judge Laura Taylor Swain on 12/16/2020) ( Telephone Conference set for 1/29/2021 at 09:30 AM before Judge Laura Taylor Swain.) (ks) (Entered: 12/16/2020) |
| Dec 16, 2020 | Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 12/16/2020. For plaintiff, counsel Sarah M. Matz and David Marcus present. For defendant, counsel Steven Kaplan present. Court Reporter Rebecca Forman present. TRO HEARING held. The Court granted the Order to Show Cause with the amendments as sited on the record. Parties are directed to meet and confer then file by Friday, 12/18/2020 noon a sealing motion. Plaintiffs opposition due by 4pm on 1/12/2021. Defendants reply due by 4pm on 1/22/2021. Parties are to file by noon on 1/27/2021 exhibits, witness list and time allocations. Bond to be posted for $200,000.00. Case is referred to MJ Cave for GPT. (Order to follow.) Order to Show Cause hearing is scheduled for 1/29/2021 at 9:30am. ( Sealed Motion due by 12/18/2020, Reply to Response to Brief due by 1/22/2021., Responses due by 1/12/2021, Show Cause Hearing set for 1/29/2021 at 09:30 AM before Judge Laura Taylor Swain.) (lan) (Entered: 12/18/2020) | ||
| 18 | Dec 17, 2020 | Request | ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. SO ORDERED. Motions referred to Sarah L Cave. (Signed by Judge Laura Taylor Swain on 12/17/2020) (ama) (Entered: 12/20/2020) |
| 9 | Dec 18, 2020 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated December 18, 2020. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 12/18/2020) |
| 10 | Dec 18, 2020 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Opposition re: 9 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated December 18, 2020.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Agreement_Highlighted, # 2 Exhibit Agreement_Highlighted, # 3 Exhibit Letter_Highlighted)Motion or Order to File Under Seal: 9 .(Matz, Sarah) (Entered: 12/18/2020) |
| 11 | Dec 18, 2020 | Request | DECLARATION of Joseph L. Murphy in Support re: 9 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated December 18, 2020.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Agreement_Redacted, # 2 Exhibit Agreement_Redacted, # 3 Exhibit Letter_Redacted).(Matz, Sarah) (Entered: 12/18/2020) |
| 12 | Dec 18, 2020 | Request | EMERGENCY MOTION for Order to Show Cause ., MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1_Spreadsheet, # 2 Exhibit 2_Spreadhseet).(Matz, Sarah) (Entered: 12/18/2020) |
| 13 | Dec 18, 2020 | View | MEMORANDUM OF LAW in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 12/18/2020) |
| 14 | Dec 18, 2020 | View | DECLARATION of Joseph L. Murphy in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1_Media Account Issue, # 2 Exhibit 2_Agreeement_Under Seal, # 3 Exhibit 3_Letter, # 4 Exhibit 4_Registration Certificate, # 5 Exhibit 5_Registration Certificate, # 6 Exhibit 6_Registration Certificate, # 7 Exhibit 7_Registration Certificate, # 8 Exhibit 8_Registration Certificate, # 9 Exhibit 9_Registration Certificate, # 10 Exhibit 10_Registration Certificate, # 11 Exhibit 11_Registration Certificate, # 12 Exhibit 12_Registration Certificate, # 13 Exhibit 13_Registration Certificate, # 14 Exhibit 14_PTO Filing, # 15 Exhibit 15_PTO Filing, # 16 Exhibit 16_PTO Filing, # 17 Exhibit 17_Spreadsheet, # 18 Exhibit 18_Website, # 19 Exhibit 19_Social Media Page, # 20 Exhibit 20_Magazine Ad, # 21 Exhibit 21_Magazine Ad, # 22 Exhibit 22_Magazine Ad, # 23 Exhibit 23_Magazine Ad, # 24 Exhibit 24_Magazine Ad, # 25 Exhibit 25_Magazine Ad, # 26 Exhibit 26_Magazine Ad, # 27 Exhibit 27_Magazine Ad, # 28 Exhibit 28_Magazine Ad, # 29 Exhibit 29_Magazine Ad, # 30 Exhibit 30_Magazine Ad, # 31 Exhibit 31_Magazine Ad, # 32 Exhibit 32_Magazine Ad, # 33 Exhibit 33_Screenshot of Social Media, # 34 Exhibit 34_Social Media Post, # 35 Exhibit 35_Social Media Post, # 36 Exhibit 36_Website, # 37 Exhibit 37_Business Card, # 38 Exhibit 38_Email, # 39 Exhibit 39_Handout, # 40 Exhibit 40_USPTO Filing, # 41 Exhibit 41_USPTO Filing, # 42 Exhibit 42_Hangtags, # 43 Exhibit 43_Internet Article, # 44 Exhibit 44_Internet Article, # 45 Exhibit 45_Email, # 46 Exhibit 46_Email, # 47 Exhibit 47_Email, # 48 Exhibit 48_Email, # 49 Exhibit 49_Email, # 50 Exhibit 50_Email, # 51 Exhibit 51_Email, # 52 Exhibit 52_Email, # 53 Exhibit 53_Email, # 54 Exhibit 54_Social Media Post, # 55 Exhibit 55_Sealed Spreadsheet, # 56 Exhibit 56_Social Media Post, # 57 Exhibit 57_Social Media Post, # 58 Exhibit 58_Social Media Post, # 59 Exhibit 69_Social Media Post, # 60 Exhibit 60_Social Media Post, # 61 Exhibit 61_Social Media Post, # 62 Exhibit 62_Sealed Agreement, # 63 Exhibit 63_Magazine Cover, # 64 Exhibit 64_Sealed Agreement, # 65 Exhibit 65_Social Media Post, # 66 Exhibit 66_Sealed Letter, # 67 Exhibit 67_Email, # 68 Exhibit 68_Social Media Post, # 69 Exhibit 69_Social Media Post, # 70 Exhibit 70_Social Media Post, # 71 Exhibit 71_Social Media Post, # 72 Exhibit 72_Social Media Post, # 73 Exhibit 73_Social Media Pages, # 74 Exhibit 74_Social Media Posts, # 75 Exhibit 75_Email, # 76 Exhibit 78_Social Media Post, # 77 Exhibit 79_Social Media Post, # 78 Exhibit 80_Social Media Post, # 79 Exhibit 81_Press Release).(Matz, Sarah) (Entered: 12/18/2020) |
| 15 | Dec 18, 2020 | Request | DECLARATION of Brittany Noe in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 12/18/2020) |
| 16 | Dec 18, 2020 | Request | DECLARATION of Svetlana Gryazeva in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 76_Email, # 2 Exhibit 77_Email).(Matz, Sarah) (Entered: 12/18/2020) |
| 17 | Dec 18, 2020 | Request | DECLARATION of Sarah M. Matz in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 82_Complaint, # 2 Exhibit 83_Pinterest Page Screenshot, # 3 Exhibit 84_Social Media Post, # 4 Exhibit 85_Social Media Post, # 5 Exhibit 86_Social Media Post, # 6 Exhibit 87_Social Media Post).(Matz, Sarah) (Entered: 12/18/2020) |
| 19 | Dec 21, 2020 | Request | CERTIFICATE OF SERVICE of Executed Order to Show Cause for Preliminary Injunciton and Temporary Restraining Order, supporting motion papers and initiating documents. served on Hayley Paige Gutman on December 18, 2020. Service was made by Fed-ex Overnight Delivery. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 12/21/2020) |
| Dec 21, 2020 | CASHIERS OFFICE REGISTRY DEPOSIT as per 8 Order to Show Cause, Set Hearings, dated 12/16/2020, from Judge Laura Taylor Swain, received $200,000.00 from JLM Couture, Inc. Receipt Number 680010 on 12/18/2020. (cde) (Entered: 12/21/2020) | ||
| 20 | Dec 21, 2020 | View | ORDER: granting 9 Letter Motion to Seal. The foregoing request is granted. for the reasons stated above. Plaintiff shall file exhibits 2, 62 and 66 on ECF in the redacted form illustrated in sealed docket entries 10-1, 10-2 and 10-3. Entries 10-1, 10,2 and 10,3 shall remain restricted to party (plaintiff and defendant) access only. DE# 9 resolved. SO ORDERED (Signed by Judge Laura Taylor Swain on 12/18/2020) (ama) (Entered: 12/21/2020) |
| 21 | Dec 22, 2020 | Request | SEALED DOCUMENT placed in vault..(jus) (Entered: 12/22/2020) |
| 22 | Dec 22, 2020 | View | LETTER addressed to Judge Laura Taylor Swain dated 12/22/2020 re: I write to you as a young, impressionable, up and coming communicator and artist. I have flowered in a new culture, driven by Apple, Google and Facebook. My vision and inspiration comes from imagery manifested from all parts of life, in many forms of media. I am a part of a generation who must learn to live within a screen to make a connection, a income, a decision. I beg you to please consider these things as you determine the JLM Couture VS Gutman case. A generation of social media guinea pigs rely on your honorable decision. I pray that you will not let the bully with more money win. Creators need faith that their unique talent will not be stolen nor compromised due to a greater hierarchy. I have faith that God placed you in this position with great intent. I thank you for your civil service and time reading this email. I wish you a Merry Christmas and Happy Holidays..(ama) (Entered: 12/22/2020) |
| 23 | Dec 22, 2020 | Request | NOTICE OF APPEARANCE by Richard D. Rochford, Jr on behalf of Hayley Paige Gutman..(Rochford, Richard) (Entered: 12/22/2020) |
| 24 | Dec 22, 2020 | Request | NOTICE OF APPEARANCE by Joseph Craig Lawlor on behalf of Hayley Paige Gutman..(Lawlor, Joseph) (Entered: 12/22/2020) |
| 25 | Dec 22, 2020 | Request | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 12/22/2020) |
| 26 | Dec 23, 2020 | View | TRANSCRIPT of Proceedings re: CONFERENCE held on 12/16/2020 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021..(McGuirk, Kelly) (Entered: 12/23/2020) |
| 27 | Dec 23, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/16/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 12/23/2020) |
| 28 | Jan 4, 2021 | Request | LETTER MOTION for Discovery addressed to Judge Laura Taylor Swain from Joseph Lawlor dated January 4, 2021. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Lawlor, Joseph) (Entered: 01/04/2021) |
| 29 | Jan 5, 2021 | Request | TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference concerning Defendant Gutman's letter-motion for discovery (ECF No. 28) is scheduled for Today, January 5, 2021 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 1/5/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/5/21) (yv) (Entered: 01/05/2021) |
| Jan 5, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/5/2021. Attorneys Sarah Matz and David Marcus appeared on behalf of Plaintiff. Attorneys Joseph Lawlor, Richard Rochford, Jr., and Tiffany Cooke appeared on behalf of Defendant. A Discovery Conference is scheduled for Wednesday, January 6, 2021 at 1:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 1/6/2021 at 01:00 PM before Magistrate Judge Sarah L Cave.). (ne) (Entered: 01/05/2021) | ||
| Jan 6, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/6/2021. Attorneys Sarah Matz and David Marcus appeared on behalf of Plaintiff. Attorneys Joseph Lawlor, Richard Rochford, Jr., and Tiffany Cook appeared on behalf of Defendant. A Discovery Conference is scheduled for Friday, January 8, 2021 at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 28. (Telephone Conference set for 1/8/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.). (ne) (Entered: 01/06/2021) | ||
| 30 | Jan 7, 2021 | Request | TRANSCRIPT of Proceedings re: remote discovery conference held on 1/5/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/7/2021..(rro) (Entered: 01/07/2021) |
| 31 | Jan 7, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote disovery conference proceeding held on 1/5/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro) (Entered: 01/07/2021) |
| 32 | Jan 8, 2021 | Request | NOTICE OF APPEARANCE by David Michael Marcus on behalf of JLM Couture, Inc...(Marcus, David) (Entered: 01/08/2021) |
| Jan 8, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/8/2021. Attorney Sarah Matz appeared on behalf of Plaintiff. Attorney Joseph Lawlor appeared on behalf of Defendant. A Discovery Conference is scheduled for Monday, January 11, 2021 at 4:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 1/11/2021 at 04:00 PM before Magistrate Judge Sarah L Cave.). (ne) (Entered: 01/08/2021) | ||
| 33 | Jan 8, 2021 | Request | NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of JLM Couture, Inc...(Adelman, Gary) (Entered: 01/08/2021) |
| 34 | Jan 11, 2021 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tiffany Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23447271. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hayley Paige Gutman..(Lawlor, Joseph) Modified on 1/26/2021 (wb). (Entered: 01/11/2021) |
| 35 | Jan 11, 2021 | Request | AFFIRMATION of Joseph Lawlor in Support re: 34 MOTION for Tiffany Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23447271. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A).(Lawlor, Joseph) (Entered: 01/11/2021) |
| 36 | Jan 11, 2021 | Request | AFFIDAVIT of Tiffany Cooke in Support re: 34 MOTION for Tiffany Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23447271. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A).(Lawlor, Joseph) (Entered: 01/11/2021) |
| Jan 11, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/11/2021. Attorneys Sarah Matz and David Marcus appeared on behalf of Plaintiff. Attorney Joseph Lawlor appeared on behalf of Defendant. A Discovery Conference is scheduled for Wednesday, January 13, 2021 at 2:30 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 1/13/2021 at 02:30 PM before Magistrate Judge Sarah L Cave.). (ne) Modified on 1/13/2021 (ne). (Entered: 01/11/2021) | ||
| 37 | Jan 11, 2021 | Request | TRANSCRIPT of Proceedings re: remote disovery conference held on 1/8/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/11/2021. Release of Transcript Restriction set for 4/12/2021..(rro) (Entered: 01/11/2021) |
| 38 | Jan 11, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote disovery conference proceeding held on 1/8/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro) (Entered: 01/11/2021) |
| 39 | Jan 12, 2021 | View | MEMORANDUM OF LAW in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/12/2021) |
| 40 | Jan 12, 2021 | View | DECLARATION of Sarah Flax in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/12/2021) |
| 41 | Jan 12, 2021 | View | DECLARATION of Karen Freberg in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1).(Rochford, Richard) (Entered: 01/12/2021) |
| 42 | Jan 12, 2021 | View | DECLARATION of Melissa Deane in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Rochford, Richard) (Entered: 01/12/2021) |
| 43 | Jan 12, 2021 | Request | LETTER MOTION for Discovery to so-order Confidentiality Stipulation addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated January 12, 2021. Document filed by JLM Couture, Inc.. (Attachments: # 1 Text of Proposed Order Proposed So-Ordered Confidentiality Stipulation, # 2 Text of Proposed Order Proposed So-Ordered Confidentiality Stipulation_Blacklined).(Marcus, David) (Entered: 01/12/2021) |
| 44 | Jan 12, 2021 | View | DECLARATION of Hayley Paige Gutman in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 1-B, # 3 Exhibit 1-C, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43).(Rochford, Richard) (Entered: 01/12/2021) |
| 45 | Jan 12, 2021 | Request | CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..So Ordered., Motions terminated: 43 LETTER MOTION for Discovery to so-order Confidentiality Stipulation addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated January 12, 2021. filed by JLM Couture, Inc. (Signed by Magistrate Judge Sarah L Cave on 1/12/21) (yv) (Entered: 01/12/2021) |
| 46 | Jan 12, 2021 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Joseph Lawlor dated January 12, 2021. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit).(Lawlor, Joseph) (Entered: 01/12/2021) |
| 47 | Jan 12, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Hayley Paige Gutman in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman, JLM Couture, Inc.. Motion or Order to File Under Seal: 46 .(Lawlor, Joseph) (Entered: 01/12/2021) |
| 48 | Jan 12, 2021 | Request | ORDER: granting 46 Letter Motion to Seal. The proposed redaction is approved. DE # 47 shall remain under seal with access permitted for the Plaintiff, Defendant and the Court only. DE # 46 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/12/2021) (ama) (Entered: 01/13/2021) |
| Jan 13, 2021 | Set/Reset Hearings: Telephone Conference set for 1/13/2021 at 02:30 PM before Magistrate Judge Sarah L Cave. (ne) (Entered: 01/13/2021) | ||
| Jan 13, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/13/2021. Attorneys Sarah Matz and David Marcus appeared on behalf of Plaintiff. Attorney Joseph Lawlor appeared on behalf of Defendant. (ne) (Entered: 01/13/2021) | ||
| 49 | Jan 20, 2021 | Request | LETTER MOTION for Discovery to Amend So-Ordered Confidentiality Stipulation addressed to Magistrate Judge Sarah L. Cave from Joseph Lawlor dated January 20, 2021. Document filed by Hayley Paige Gutman. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order).(Lawlor, Joseph) (Entered: 01/20/2021) |
| 50 | Jan 20, 2021 | Request | MOTION to Substitute Attorney. Old Attorney: Steven M. Kaplan, New Attorney: Richard D. Rochford . Document filed by Hayley Paige Gutman. (Attachments: # 1 Text of Proposed Order Consent Order).(Rochford, Richard) (Entered: 01/20/2021) |
| 51 | Jan 20, 2021 | View | LETTER MOTION for Leave to File Excess Pages for Plaintiff's Reply Memorandum of Law addressed to Judge Laura Taylor Swain from Sarah M. Matz dated January 20, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 01/20/2021) |
| 52 | Jan 20, 2021 | Request | ORDER: granting 51 Letter Motion for Leave to File Excess Pages. The page extension request is granted. DE # 51 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/20/2021) (ama) (Entered: 01/20/2021) |
| 53 | Jan 21, 2021 | View | CONSENT TO ORDER GRANTING SUBSTITUTION OF COUNSEL granting 50 Motion to Substitute Attorney: IT IS HEREBY CONSENTED that, Haynes and Boone, LLP, located at 30 Rockefeller Plaza, 26th Floor, New York, New York 10112, be substituted as attorneys of record for defendant Hayley Paige Gutman, in the above-entitled action in place and stead of Kaplan & Levenson LLP. The Motion to Substitute Counsel (ECF No. 50 is GRANTED and the Clerk of Court is respectfully directed to close ECF No. 50 (Attorney Steven Mark Kaplan terminated.) (Signed by Magistrate Judge Sarah L Cave on 1/21/2021) (jwh) (Entered: 01/21/2021) |
| 54 | Jan 21, 2021 | View | CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. The parties' proposed protective order (ECF No. 49-1) is ADOPTED. The Clerk of Court is respectfully directed to close ECF No. 49. (Signed by Magistrate Judge Sarah L Cave on 1/21/2021) (jwh) (Entered: 01/21/2021) |
| 55 | Jan 22, 2021 | Request | DECLARATION of Jess Priestley in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 01/22/2021) |
| 56 | Jan 22, 2021 | Request | DECLARATION of Jessalyn Thomson in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1, Screenshot, # 2 Exhibit 2, Screenshot, # 3 Exhibit 3, Screenshot, # 4 Exhibit 4, Screenshot, # 5 Exhibit 5, Screenshot, # 6 Exhibit 6, Screenshot, # 7 Exhibit 7, Screenshot, # 8 Exhibit 8, Text).(Marcus, David) (Entered: 01/22/2021) |
| 57 | Jan 22, 2021 | Request | DECLARATION of Brittany Noe in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 132, Pinterest Screenshot).(Marcus, David) (Entered: 01/22/2021) |
| 58 | Jan 22, 2021 | Request | DECLARATION of Sarah M. Matz in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 125 Website Printout, # 2 Exhibit Ex. 126, Printout, # 3 Exhibit Ex. 127, Video, # 4 Exhibit Ex. 128, Social Media Post, # 5 Exhibit Ex. 129, Video, # 6 Exhibit Ex. 130, Video, # 7 Exhibit Ex. 131, Screenshot).(Marcus, David) (Entered: 01/22/2021) |
| 59 | Jan 22, 2021 | View | REPLY MEMORANDUM OF LAW in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by JLM Couture, Inc...(Adelman, Gary) (Entered: 01/22/2021) |
| 60 | Jan 22, 2021 | Request | DECLARATION of Joseph L. Murphy in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 88, Email, # 2 Exhibit Ex. 89, Email, # 3 Exhibit Ex. 90, Invoice, # 4 Exhibit Ex. 91, Invoice, # 5 Exhibit Ex. 92, Email, # 6 Exhibit Ex. 93, Email, # 7 Exhibit Ex. 94, Email, # 8 Exhibit Ex. 95, Post, # 9 Exhibit Ex. 96, Email, # 10 Exhibit Ex. 97, Email, # 11 Exhibit Ex. 98, Email, # 12 Exhibit Ex. 99, Email, # 13 Exhibit Ex. 100, Email, # 14 Exhibit Ex. 101, Email, # 15 Exhibit Ex. 102, Email, # 16 Exhibit Ex. 103, Email, # 17 Exhibit Ex. 104, Email, # 18 Exhibit Ex. 105, Email, # 19 Exhibit Ex. 106, Email, # 20 Exhibit Ex. 107, Email, # 21 Exhibit Ex. 108, Email, # 22 Exhibit Ex. 109, Handbook, # 23 Exhibit Ex. 110, Signature page, # 24 Exhibit Ex. 111, Handbook, # 25 Exhibit Ex. 112, Signature Page, # 26 Exhibit Ex. 113, Handbook, # 27 Exhibit Ex. 114, Email, # 28 Exhibit Ex. 115, Email, # 29 Exhibit Ex. 116, Website, # 30 Exhibit Ex. 119, Post, # 31 Exhibit Ex. 118, Screenshot, # 32 Exhibit Ex. 119, Screenshot, # 33 Exhibit Ex, 120 Email, # 34 Exhibit Ex. 121, Email, # 35 Exhibit Ex. 122, Former Instagram bios, # 36 Exhibit Ex. 123, Spreadsheet, # 37 Exhibit Ex. 124, DM's, # 38 Exhibit Ex, 133, pt 1, Screeenshots, # 39 Exhibit Ex. 133, pt. 2, Screenshots, # 40 Exhibit Ex. 133 pt 3 Screenshots, # 41 Errata Ex. 133 pt 4 Screenshots, # 42 Exhibit Ex. 133, pt 5 Screenshots, # 43 Exhibit Ex. 133, pt 6 Screenshots, # 44 Exhibit Ex. 133, pt 7 Screenshots, # 45 Exhibit Ex. 133 pt 8 Screenshots, # 46 Exhibit Ex. 133, pt 9 Screenshots, # 47 Exhibit Ex. 133, pt 10 Screenshots, # 48 Exhibit Ex.133, pt 11 Screenshots, # 49 Exhibit Ex. 133 pt 12 Screenshots, # 50 Exhibit Ex. 133 pt 13 Screenshots, # 51 Exhibit Ex. 133, pt 14 Screenshots, # 52 Exhibit Ex, 134,, Post).(Marcus, David) (Entered: 01/22/2021) |
| 61 | Jan 22, 2021 | Request | DECLARATION of DEAN LADELL in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 (Expert Report), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T-1, # 22 Exhibit T-2, # 23 Exhibit T-3, # 24 Exhibit T-4, # 25 Exhibit T-5, # 26 Exhibit T-6, # 27 Exhibit T-7, # 28 Exhibit T-8, # 29 Exhibit T-9, # 30 Exhibit T-10, # 31 Exhibit T-11, # 32 Exhibit T-12, # 33 Exhibit T-13, # 34 Exhibit T-14, # 35 Exhibit T-15, # 36 Exhibit T-16, # 37 Exhibit T-17, # 38 Exhibit T-18, # 39 Exhibit T-19, # 40 Exhibit T-20, # 41 Exhibit T-21, # 42 Exhibit T-22, # 43 Exhibit T-23, # 44 Exhibit T-24, # 45 Exhibit T-25, # 46 Exhibit T-26, # 47 Exhibit T-27, # 48 Exhibit T-28, # 49 Exhibit T-29, # 50 Exhibit T-30, # 51 Exhibit T-31, # 52 Exhibit T-32, # 53 Exhibit T-33, # 54 Exhibit T-34, # 55 Exhibit T-35, # 56 Exhibit T-36, # 57 Exhibit T-37, # 58 Exhibit T-38, # 59 Exhibit T-39, # 60 Exhibit T-40, # 61 Exhibit T-41, # 62 Exhibit T-42, # 63 Exhibit T-43, # 64 Exhibit T-44, # 65 Exhibit T-45, # 66 Exhibit T-46, # 67 Exhibit T-47, # 68 Exhibit T-48, # 69 Exhibit T-49, # 70 Exhibit T-50, # 71 Exhibit T-51, # 72 Exhibit T-52, # 73 Exhibit T-53, # 74 Exhibit T-54, # 75 Exhibit T-55, # 76 Exhibit T-56, # 77 Exhibit T-57, # 78 Exhibit T-58, # 79 Exhibit T-59, # 80 Exhibit T-60, # 81 Exhibit T-61, # 82 Exhibit T-62, # 83 Exhibit T-63, # 84 Exhibit T-64, # 85 Exhibit T-65, # 86 Exhibit T-66, # 87 Exhibit T-67, # 88 Exhibit T-68, # 89 Exhibit T-69, # 90 Exhibit T-70, # 91 Exhibit T-71, # 92 Exhibit U-1, # 93 Exhibit U-2, # 94 Exhibit U-3).(Matz, Sarah) (Entered: 01/22/2021) |
| 62 | Jan 24, 2021 | Request | MOTION to Strike Document No. [56, 58, 60 & 61] And in the Alternative, to Adjourn Preliminary Injunction Hearing and File a Sur-Reply. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/24/2021) |
| 63 | Jan 25, 2021 | Request | LETTER MOTION to Seal and to Redact addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 25, 2021. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 01/25/2021) |
| 64 | Jan 25, 2021 | Request | DECLARATION of Joseph L. Murphy in Support re: 63 LETTER MOTION to Seal and to Redact addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 25, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 123, Spreadsheet- Redacted, # 2 Exhibit Ex. 124, Direct Messages).(Marcus, David) (Entered: 01/25/2021) |
| 65 | Jan 25, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 63 LETTER MOTION to Seal and to Redact addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 25, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 123, Spreadsheet - Highlighted For Redaction, # 2 Exhibit Ex. 124, Direct Messages - To be Filed Under Seal)Motion or Order to File Under Seal: 63 .(Marcus, David) (Entered: 01/25/2021) |
| 66 | Jan 26, 2021 | Request | ORDER: granting 63 Letter Motion to Seal. The foregoing sealing requests are granted and the proposed redactions are approved. The sealed unredacted versions shall be viewable only by the court, counsel for plaintiff and counsel for defendant. Any further sealed filing of identical material must be linked to this endorsed order. Unredacted copies must be emailed to Chambers. DE# 63 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/25/2021) (ama) (Entered: 01/26/2021) |
| 67 | Jan 26, 2021 | Request | ORDER: The Court has received Defendant's motion to strike. (Docket Entry No. 62.) Any opposition must be filed and emailed to Chambers by 12:00 p.m. on January 26, 2021. Any reply must be filed and emailed by 4:00 p.m. on January 26, 2021. SO ORDERED., ( Responses due by 1/26/2021, Replies due by 1/26/2021.) (Signed by Judge Laura Taylor Swain on 1/25/2021) (ama) (Entered: 01/26/2021) |
| 68 | Jan 26, 2021 | Request | LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Sarah M. Matz dated January 26, 2021 re: 62 MOTION to Strike Document No. [56, 58, 60 & 61] And in the Alternative, to Adjourn Preliminary Injunction Hearing and File a Sur-Reply. . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 01/26/2021) |
| Jan 26, 2021 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 35 Affirmation in Support of Motion, 34 MOTION for Tiffany Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23447271. Motion and supporting papers to be reviewed by Clerk's Office staff., 36 Affidavit in Support of Motion,.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; missing Proposed Order; please attach the Declaration/affidavit as exhibits to the motion.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 01/26/2021) | ||
| 69 | Jan 26, 2021 | Request | LETTER REPLY to Response to Motion addressed to Judge Laura Taylor Swain from Richard D. Rochford dated January 26, 2021 re: 62 MOTION to Strike Document No. [56, 58, 60 & 61] And in the Alternative, to Adjourn Preliminary Injunction Hearing and File a Sur-Reply. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/26/2021) |
| 70 | Jan 26, 2021 | Request | MOTION for Tiffany Cooke to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hayley Paige Gutman. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Affidavit, # 4 Exhibit A, # 5 Text of Proposed Order).(Lawlor, Joseph) (Entered: 01/26/2021) |
| Jan 26, 2021 | Set/Reset Deadlines: ( Surreplies due by 1/29/2021.), Set/Reset Hearings:( Status Conference set for 2/4/2021 at 09:00 AM before Judge Laura Taylor Swain.) (mro) (Entered: 01/27/2021) | ||
| Jan 27, 2021 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 70 MOTION for Tiffany Cooke to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 01/27/2021) | ||
| 71 | Jan 27, 2021 | Request | ORDER denying 62 Motion to Strike. Defendant's motion to strike is denied in its entirety, without prejudice to the evidentiary issues identified in the parties' submissions. Defendant's request to file a sur-reply is granted. The Preliminary Injunction Hearing is hereby rescheduled to February 4, 2021, at 9:00 a.m. Defendant s sur-reply memorandum must not exceed 15 pages in length, and must be filed by Friday, January 29, 2021, at 12:00 p.m. noon. The parties are directed to meet and confer and, by 12:00 p.m. noon on February 1, 2021, file with the Court (1) a consolidated and bookmarked (to indicate exhibit numbers) pdf containing all of the exhibits to be referred to in the course of the hearing (cross-referenced to the submissions in which they were originally filed), and (2) a joint submission identifying the witnesses to be presented for cross-examination, the parties' agreed protocols for presentation of testimony remotely, and the time proposed to be allocated for each witness, and the time proposed to be allocated for argument. Each side will be allocated a total of three hours for presentation of its arguments and evidence, including cross-examination and any redirect of witnesses. This order resolves Docket Entry Number 62. (Signed by Judge Laura Taylor Swain on 1/26/2021) (mro) (Entered: 01/27/2021) |
| 72 | Jan 27, 2021 | Request | ORDER FOR ADMISSION PRO HAC VICE granting 70 Motion for Tiffany Cooke to Appear Pro Hac Vice. The motion of Haynes and Boone, LLP for the admission of Tiffany Cooke to practice pro hac vice in the above-captioned action is GRANTED. IT IS HEREBY ORDERED that Tiffany Cooke is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is respectfully directed to close ECF No. 70. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/27/21) (yv) (Entered: 01/27/2021) |
| 73 | Jan 27, 2021 | Request | WAIVER OF SERVICE RETURNED EXECUTED. Hayley Paige Gutman waiver sent on 12/22/2020, answer due 2/22/2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 01/27/2021) |
| 74 | Jan 29, 2021 | View | REPLY MEMORANDUM OF LAW in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction. Sur-Reply. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/29/2021) |
| 75 | Jan 29, 2021 | View | DECLARATION of Hayley Paige Gutman in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 44, # 2 Exhibit 45, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 50, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit 53, # 11 Exhibit 54).(Rochford, Richard) (Entered: 01/29/2021) |
| 76 | Jan 29, 2021 | Request | DECLARATION of Nicole Mastrangelo in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1).(Rochford, Richard) (Entered: 01/29/2021) |
| 77 | Jan 29, 2021 | View | DECLARATION of Karen Freberg in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/29/2021) |
| 78 | Jan 29, 2021 | View | DECLARATION of Jennifer Kienzle in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/29/2021) |
| 79 | Jan 29, 2021 | View | DECLARATION of Lindsey Stavely in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/29/2021) |
| 80 | Jan 29, 2021 | View | DECLARATION of Melissa Russell in Opposition re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/29/2021) |
| 81 | Jan 29, 2021 | Request | LETTER MOTION for Local Rule 37.2 Conference Requesting Expedited Relief addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated January 29, 2021. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 - Document Requests, # 2 Exhibit 2 - Social Media Post, # 3 Exhibit 3 - Website).(Matz, Sarah) (Entered: 01/29/2021) |
| 82 | Jan 29, 2021 | Request | TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference concerning Plaintiff's letter-motion seeking expedited relief (ECF No. 81) is scheduled for Today, January 29, 2021 at 3:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 1/29/2021 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/29/2021) (ne) (Entered: 01/29/2021) |
| 83 | Jan 29, 2021 | Request | ORDER: Plaintiff is hereby directed to file with the Court a Proposed Order for Preliminary Injunction no later than 5:00 p.m. on Saturday, January 30, 2021. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/29/2021) (ks) (Entered: 01/29/2021) |
| 84 | Jan 29, 2021 | Request | NOTICE OF APPEARANCE by Tiffany Marie Cooke on behalf of Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 01/29/2021) |
| Jan 29, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/29/2021. Attorney Sarah Matz appeared on behalf of Plaintiff. Attorney Tiffany Cooke appeared on behalf of Defendant. (ne) (Entered: 01/29/2021) | ||
| 85 | Jan 29, 2021 | Request | ORDER: This afternoon the Court held a Telephone Discovery Conference concerning Plaintiff's Letter-Motion for Expedited Discovery (Plaintiff's Motion). (ECF No. 81). As described in Plaintiff's Motion, Plaintiff seeks an order compelling Defendant Hayley Paige Gutman (Gutman) to produce by tomorrow, Saturday, January 30, 2021 at 5:00 pm documents and communications concerning any agreement or contract for Gutman to promote the goods or services of Optimum Whey or Optimum Nutrition (Optimum). (ECF No. 81 at 2). Pursuant to the discovery conference held today, the Court orders as follows: 1. The agreement between Conrad Cleven, Gutman's fianc, and Optimum (the Agreement) is responsive to Plaintiff's Document Request, relevant, and discoverable. Gutman, or her counsel, shall promptly confer with Optimum to facilitate the prompt production of the Agreement to Plaintiff. The Agreement shall be produced subject to the parties' Confidentiality Stipulation & Protective Order (ECF No. 54). 2. Defendant shall produce the communications concerning the Agreement responsive to Document Request No. 2 (ECF No. 81-1 at 3) by end-of-day, Sunday, January 31, 2021, on a rolling basis if practicable. (Signed by Magistrate Judge Sarah L Cave on 1/29/2021) (nb) (Entered: 01/29/2021) |
| 86 | Jan 30, 2021 | Request | PROPOSED ORDER. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 - Social Media Accounts, # 2 Exhibit 2 - Trademarkts) Related Document Number: [12 and 83]..(Matz, Sarah) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 01/30/2021) |
| Feb 1, 2021 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 86 Proposed Order was reviewed and approved as to form. (km) (Entered: 02/01/2021) | ||
| 87 | Feb 1, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated February 1, 2021 re: February 4, 2021 Preliminary Injunction Hearing Protocols. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 02/01/2021) |
| 88 | Feb 1, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 12 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit 2, Agreement, highlighted, originally filed at ECF No. 14-2, # 2 Exhibit 62, Agreement, highlighted, originally filed at ECF No. 14-62, # 3 Exhibit 66, Letter, highlighted, originally filed at ECF No. 14-66)Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 02/01/2021) |
| 89 | Feb 1, 2021 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Hayley Paige Gutman. Related Document Number: [Counterorder for Doc. 12]..(Lawlor, Joseph) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/1/2021 (km). (Entered: 02/01/2021) |
| Feb 1, 2021 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Joseph Lawlor to RE-FILE Document No. 89 Proposed Order. The filing is deficient for the following reason(s): the wrong case number is listed on the document. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km) (Entered: 02/01/2021) | ||
| 90 | Feb 1, 2021 | Request | PROPOSED ORDER. Document filed by Hayley Paige Gutman. Related Document Number: [Counterorder for Doc. 12]..(Lawlor, Joseph) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/01/2021) |
| Feb 1, 2021 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 90 Proposed Order was reviewed and approved as to form. (km) (Entered: 02/01/2021) | ||
| 91 | Feb 2, 2021 | Request | ORDER: The Preliminary Injunction hearing in this matter is hereby scheduled to occur as a video conference using the Microsoft Teams platform on Thursday, February 4, 2021, at 9:00 a.m. To optimize the quality of the video feed, only the Court, the designated attorneys for the parties, designated witnesses and court personnel will be permitted to participate through the Microsoft Teams platform; all others may access the audio feed of the hearing as instructed below. Other co-counsel, members of the press, and the public may access the audio feed of the hearing by calling 888-363-4702, entering access code 1527005#, and security code 2699#. In advance of the hearing, Chambers will email the parties with further information on how to access the video call. Those participating on the Microsoft Teams platform will be provided a link. The link should be used only at the time of the hearing. To optimize use of the video conference technology, all those participating by video should:Use hard-wired internet or WiFi. If using WiFi, the device should be positioned as close to the Wi-Fi router as possible to ensure a strong signal. (Weak signals may cause delays or dropped feeds.) Minimize the number of others using the same WiFi router during the hearing. Further, all participants must identify themselves every time they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those accessing the hearing - whether in listen-only mode or otherwise - are reminded that recording or rebroadcasting of the proceeding is prohibited. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021). SO ORDERED., ( Status Conference set for 2/4/2021 at 09:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/02/2021) (ama) (Entered: 02/02/2021) |
| 92 | Feb 3, 2021 | Request | JOINT LETTER addressed to Judge Laura Taylor Swain from Tiffany Cooke dated February 3, 2021 re: February 4, 2021 Hearing. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 02/03/2021) |
| 93 | Feb 4, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated February 4, 2021 re: Preliminary Injunction Updated Timing. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 02/04/2021) |
| 94 | Feb 4, 2021 | Request | AMENDED ORDER: The Preliminary Injunction hearing in this matter is hereby scheduled to occur as a video conference using the Microsoft Teams platform on Thursday, February 4, 2021, at 9:00 a.m. To optimize the quality of the video feed, only the Court, the designated attorneys for the parties, designated witnesses and court personnel will be permitted to participate through the Microsoft Teams platform; all others may access the audio feed of the hearing as instructed below. Other co-counsel, members of the press, and the public may access the audio feed of the hearing by calling 888-363-4734, entering access code 1527005#, and security code 2699#. In advance of the hearing, Chambers will email the parties with further information on how to access the video call. Those participating on the Microsoft Teams platform will be provided a link. The link should be used only at the time of the hearing. To optimize use of the video conference technology, all those participating by video should:Use hard-wired internet or WiFi. If using WiFi, the device should be positioned as close to the Wi-Fi router as possible to ensure a strong signal. (Weak signals may cause delays or dropped feeds.) Minimize the number of others using the same WiFi router during the hearing. Further, all participants must identify themselves every time they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those accessing the hearing - whether in listen-only mode or otherwise - are reminded that recording or rebroadcasting of the proceeding is prohibited. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021).( Status Conference set for 2/4/2021 at 09:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/4/2021) (lan) (Entered: 02/04/2021) |
| 95 | Feb 4, 2021 | Request | TRANSCRIPT of Proceedings re: Telephone Conference held on 1/29/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/5/2021..(kv) (Entered: 02/04/2021) |
| 96 | Feb 4, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/29/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv) (Entered: 02/04/2021) |
| Feb 4, 2021 | Minute Entry for proceedings held before Judge Laura Taylor Swain: For plaintiff (owner Joe Murphy present) counsel Sarah M. Matz, Gary P. Adelman and Michelle Malone (trial tech) present. For defendant (Hayley Paige Gutman present) counsel Richard Rochford, Tiffany Cooke, Joseph Lawlor and James Shannon (trial tech) present. Court Reporter Vincent Bologna and Kelly Surina present. PRELIMINARY INJUNCTION HEARING held. Witnesses called and exhibits admitted. (Please see transcript for details.) The Court takes this matter under advisement and the TRO shall remain in effect. (lan) (Entered: 02/08/2021) | ||
| 97 | Feb 8, 2021 | Request | SEALED DOCUMENT placed in vault..(nmo) (Entered: 02/08/2021) |
| 98 | Feb 12, 2021 | Request | NOTICE of Exhibits. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit P-175, # 2 Exhibit P-192, # 3 Exhibit P-193, # 4 Exhibit P-194, # 5 Exhibit P-200, # 6 Exhibit P-207).(Matz, Sarah) (Entered: 02/12/2021) |
| 99 | Feb 12, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated February 12, 2021 re: Response to Defendant's February 9, 2021 Letter Request to Redact or Seal. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 02/12/2021) |
| 100 | Feb 16, 2021 | Request | ORDER: Defendant is hereby directed to file her letter and attachment as a motion for approval of the proposed redactions in accordance with the Court's Individual Rules and Practices and ECF procedures, no later than 5:00 p.m. on Wednesday, February 17, 2021. The merits of the application and Plaintiff's opposition (Docket Entry No. 99) will be considered if the motion is timely filed. If the motion is not timely filed, Defendant's application will be denied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/16/2021) (ama) (Entered: 02/16/2021) |
| 101 | Feb 16, 2021 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Tiffany Cooke dated February 9, 2021. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit Redacted Transcript).(Cooke, Tiffany) (Entered: 02/16/2021) |
| 102 | Feb 16, 2021 | Request | ***SELECTED PARTIES*** LETTER addressed to Judge Laura Taylor Swain from Tiffany Cooke dated February 9, 2021 re: Sealing Portion of Hearing Transcript. Document filed by JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit Highlighted Transcript)Motion or Order to File Under Seal: 101 .(Cooke, Tiffany) (Entered: 02/16/2021) |
| 103 | Feb 18, 2021 | Request | ORDER: denying 101 Letter Motion to Seal. Accordingly, Defendant's request for redaction of portions of the preliminary injunction hearing transcript is denied. The preliminary injunction hearing transcript shall be unsealed in its entirety and shall be made available in accordance with standard Judicial Conference policies and procedures. This Order resolves docket entry number 101. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/18/2021) (ama) (Entered: 02/18/2021) |
| 104 | Feb 18, 2021 | Request | LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated February 18, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 02/18/2021) |
| 105 | Feb 19, 2021 | Request | ORDER granting 104 Letter Motion for Extension of Time to Answer re 1 Complaint. Defendant's letter-motion requesting an extension of the answer deadline (ECF No. 104) is GRANTED and the deadline to answer, move, or otherwise respond to the complaint is EXTENDED to Monday, March 8, 2021. The Clerk of Court is respectfully directed to close ECF No. 104. SO-ORDERED. (Hayley Paige Gutman answer due 3/8/2021.) (Signed by Magistrate Judge Sarah L Cave on 2/19/21) (yv) (Entered: 02/19/2021) |
| 106 | Feb 25, 2021 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/4/2021 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/26/2021..(McGuirk, Kelly) (Entered: 02/25/2021) |
| 107 | Feb 25, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/4/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 02/25/2021) |
| 108 | Mar 4, 2021 | Request | SECOND LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated March 4, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 03/04/2021) |
| 109 | Mar 4, 2021 | View | MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUCTION: re: 12 EMERGENCY MOTION for Order to Show Cause. MOTION for Temporary Restraining Order and Preliminary Injunction filed by JLM Couture, Inc. For the forgoing reasons, Plaintiff's motion for preliminary injunction is granted to the following extent: During the pendency of this action, Ms. Gutman, along with her officers, agents, servants, employees, and attorneys and all other persons who are in active concert or participation with her and them, are enjoined from taking any of the following actions: 1. Making any changes to any of the social media accounts listed in Addendum 1 hereto (the "JLM HP Social Media Accounts"), including but not limited to changing the name of the handles on the accounts, posting any new content thereto and/or deleting or altering any content located therein, tagging any other posts, users or accounts, transferring any such accounts or the right to use any such account from Defendant to any other person except to JLM, or communicating with third parties through same for commercial purposes, without the express written permission of Plaintiff's chief executive officer, Joseph L. Murphy; 2. Utilizing, or taking any action to gain exclusive control over, any of the JLM HP Social Media Accounts, without the express written permission of Plaintiff's chief executive officer, Joseph L. Murphy; 3. Breaching the employment Contract, dated July 13, 2011, together with the amendments and extensions thereto, by: a. using, or authorizing others to use, "Hayley", "Paige", "Hayley Paige Gutman", "Hayley Gutman", "Hayley Paige" or any derivative thereof, including misshayleypaige (collectively the "Designer's Name"), trademarks in the Designer"s Name, including but not limited to the trademarks identified at Addendum 2 hereto (collectively, the "Trademarks"), or any confusingly similar marks or names in trade or commerce, without the express written permission of Plaintiff's chief executive officer, Joseph L. Murphy; b. Directly or indirectly, engaging in, or being associated with (whether as an officer, director, shareholder, partner, employee, independent contractor, agent or otherwise), any person, organization or enterprise which engages in the design, manufacture, marketing or sale of: (i) bridal apparel, including bridesmaids', mother of the bride and flower girls' apparel and related items; (ii) bridal accessories and related items; (iii) evening wear and related items; and/or (iv) any other category of goods designed, manufactured, marketed, licensed or sold by JLM; c. using or authorizing others to use any Designs, or any of the Trademarks or any variations, versions, representations or confusingly similar facsimiles thereof, in trade or commerce for any purpose whatsoever; and 4. Using, or authorizing others to use, any of the Designer's Names, Trademarks or any confusingly similar term, name, symbol or device, or any combination thereof, in commerce in connection with any goods or services, including to endorse, advertise or promote the products and/or services of herself or others directly or indirectly, including but not limited to on social media or in television or media appearances, without the express written permission of Plaintiff's chief executive officer, Joseph L. Murphy. To the extent not previously delivered, within 24 hours of the entry of this Memorandum Opinion and Order Defendant shall deliver to Plaintiff's attorneys the current login credentials, including the current username and password for the Account (as defined above), the Pinterest and the TikTok accounts with the handle "misshayleypaige," and take any action necessary to enable JLM to regain access and control of the JLM HP Social Media Accounts, including linking the accounts to one of JLM's email addresses and/or phone numbers and/or other social media accounts as requested. This preliminary injunction is conditioned upon maintenance of the previously posted undertaking of $200,000, which was posted by JLM on December 18, 2020, to secure payment of costs and damages as may be suffered or sustained by any party who is wrongfully restrained hereby. No additional bond or undertaking shall be required. This preliminary injunction shall remain in full force and effect until the final judgment in this action is entered, unless otherwise ordered by the Court. Plaintiff's preliminary injunction motion is denied in all other respects. This Memorandum Opinion and Order resolves Docket Entry Number 12 and supersedes the TRO (Docket Entry No. 8). This case remains referred to Magistrate Judge Cave for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/04/2021) (ama) (Entered: 03/04/2021) |
| 110 | Mar 5, 2021 | View | ORDER granting 108 Letter Motion for Extension of Time to Answer re 108 SECOND LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated March 4, 2021., 1 Complaint. Defendant's letter-motion for an extension of time to answer or otherwise respond to the complaint (ECF No. 108) is GRANTED and Defendant's deadline to answer is extended to Monday, March 22, 2021. The Clerk of Court is respectfully directed to close ECF No. 108. SO-ORDERED. (Hayley Paige Gutman answer due 3/22/2021.) (Signed by Magistrate Judge Sarah L Cave on 3/5/21) (yv) (Entered: 03/05/2021) |
| 111 | Mar 9, 2021 | Request | NOTICE of Notice of Exhibits. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit P-176, # 2 Exhibit P-177, # 3 Exhibit P-178, # 4 Exhibit P-179, # 5 Exhibit P-180, # 6 Exhibit P-181, # 7 Exhibit P-182, # 8 Exhibit P-183, # 9 Exhibit P-184, # 10 Exhibit P-185, # 11 Exhibit P-186, # 12 Exhibit P-187, # 13 Exhibit P-188, # 14 Exhibit P-189).(Matz, Sarah) (Entered: 03/09/2021) |
| 112 | Mar 12, 2021 | Request | LETTER MOTION to Seal Third-Party Hearing Exhibits addressed to Judge Laura Taylor Swain from Tiffany Cooke dated March 12, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 03/12/2021) |
| 113 | Mar 12, 2021 | Request | ***SELECTED PARTIES*** LETTER addressed to Judge Laura Taylor Swain from Tiffany Cooke dated March 12, 2021 re: Sealing Third-Party Hearing Exhibits. Document filed by JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit P-176, # 2 Exhibit P-177, # 3 Exhibit P-178, # 4 Exhibit P-182, # 5 Exhibit P-183, # 6 Exhibit P-184, # 7 Exhibit P-185, # 8 Exhibit P-186, # 9 Exhibit P-187, # 10 Exhibit P-188, # 11 Exhibit P-189)Motion or Order to File Under Seal: 112 .(Cooke, Tiffany) (Entered: 03/12/2021) |
| 114 | Mar 15, 2021 | Request | ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Thursday, April 29, 2021 at 11:00 am, on the Court's conference line. The parties are directed to call: (866) 3901828; access code: 3809799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ.P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than one week (seven (7) calendar days) before the conference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/honsarahlcave. SO ORDERED. ( Initial Conference set for 4/29/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/15/21) (yv) (Entered: 03/15/2021) |
| 115 | Mar 18, 2021 | View | MOTION for Reconsideration re; 109 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,, . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 03/18/2021) |
| 116 | Mar 18, 2021 | View | MEMORANDUM OF LAW in Support re: 115 MOTION for Reconsideration re; 109 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,, . . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 03/18/2021) |
| 117 | Mar 19, 2021 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 109 Memorandum & Opinion, Set Deadlines/Hearings. (sjo) (Entered: 03/19/2021) |
| 118 | Mar 19, 2021 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 109 Memorandum & Opinion, Set Deadlines/Hearings. (sjo) (Entered: 03/19/2021) |
| 119 | Mar 19, 2021 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 109 Memorandum & Opinion, Set Deadlines/Hearings. (sjo) (Entered: 03/19/2021) |
| 120 | Mar 22, 2021 | Request | NOTICE OF APPEARANCE by Bruce Eric Menken on behalf of Hayley Paige Gutman..(Menken, Bruce) (Entered: 03/22/2021) |
| 121 | Mar 22, 2021 | View | ANSWER to 1 Complaint., COUNTERCLAIM against JLM Couture, Inc., Joseph L. Murphy. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 03/22/2021) |
| 122 | Mar 22, 2021 | Request | ***SELECTED PARTIES***ANSWER to 1 Complaint., COUNTERCLAIM against JLM Couture, Inc., Joseph L. Murphy. Document filed by JLM Couture, Inc., Joseph L. Murphy, Hayley Paige Gutman.Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 03/22/2021) |
| 123 | Mar 22, 2021 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Joseph L. Murphy, re: 121 Answer to Complaint, Counterclaim. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 03/22/2021) |
| 124 | Mar 23, 2021 | Request | ELECTRONIC SUMMONS ISSUED as to Joseph L. Murphy..(jgo) (Entered: 03/23/2021) |
| 125 | Mar 25, 2021 | Request | AFFIDAVIT OF SERVICE of Summons and Answer to Complaint, Counterclaim. Joseph L. Murphy served on 3/24/2021, answer due 4/14/2021. Service was accepted by Steve Doe. Document filed by Hayley Paige Gutman..(Lawlor, Joseph) (Entered: 03/25/2021) |
| 126 | Mar 25, 2021 | Request | LETTER MOTION for Extension of Time to Oppose Defendant's Motion for Reconsideration addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated March 25, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 03/25/2021) |
| 127 | Mar 30, 2021 | Request | ORDER granting 126 Letter Motion for Extension of Time. The requested extension of time is granted. DE# 126 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/2021) (kv) (Entered: 03/30/2021) |
| Mar 30, 2021 | Set/Reset Deadlines: Responses due by 4/19/2021 (kv) (Entered: 03/30/2021) | ||
| 128 | Apr 5, 2021 | View | NOTICE OF INTERLOCUTORY APPEAL from 109 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,. Document filed by Hayley Paige Gutman. Filing fee $ 505.00, receipt number ANYSDC-24351469. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Rochford, Richard) (Entered: 04/05/2021) |
| Apr 5, 2021 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 128 Notice of Interlocutory Appeal. (tp) (Entered: 04/05/2021) | ||
| Apr 5, 2021 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 128 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/05/2021) | ||
| 129 | Apr 6, 2021 | Request | LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated April 6, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 04/06/2021) |
| 130 | Apr 7, 2021 | Request | ORDER granting 129 Letter Motion for Extension of Time. Plaintiff's letter-motion requesting an extension of time (ECF No. 129) is GRANTED and the proposed deadlines are ADOPTED: 1. Plaintiff's Amended Complaint is due by Monday, April 26, 2021; 2. Plaintiff's response to Defendant's Answer and Counterclaims shall be filed by Wednesday, May 12, 2021. The Initial Conference scheduled for April 29, 2021 (ECF No. 114) is ADJOURNED until Tuesday, May 25, 2021 at 11:00 am on the Court's conference line, with the parties' Report of Rule 26(f) Meeting and Proposed Case Management Plan due Tuesday, May 18, 2021. The parties are directed to call: (866) 3901828; access code: 3809799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 129. SO-ORDERED. ( Amended Pleadings due by 4/26/2021.) (Signed by Magistrate Judge Sarah L Cave on 4/7/21) (yv) (Entered: 04/07/2021) |
| Apr 7, 2021 | Set/Reset Deadlines: JLM Couture, Inc. answer due 5/12/2021., Set/Reset Hearings:( Initial Conference set for 5/25/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (yv) (Entered: 04/07/2021) | ||
| 131 | Apr 7, 2021 | Request | NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Joseph L. Murphy..(Matz, Sarah) (Entered: 04/07/2021) |
| 132 | Apr 7, 2021 | Request | NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Joseph L. Murphy..(Adelman, Gary) (Entered: 04/07/2021) |
| 133 | Apr 7, 2021 | Request | LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated April 7, 2021. Document filed by Joseph L. Murphy..(Matz, Sarah) (Entered: 04/07/2021) |
| 134 | Apr 14, 2021 | Request | ORDER: granting 133 Letter Motion for Extension of Time. Third-Party Defendant Joseph Murphy's letter-motion (ECF No. 133) requesting an extension of time to respond to Defendant Hayley Paige Gutman's Answer and Counterclaims is GRANTED, and Murphy's deadline to respond is EXTENDED until Wednesday, May 12, 2021. This action has been referred to Magistrate Cave for General Pretrial Supervision (ECF No. 18) and the parties are reminded to address their filings accordingly.The Clerk of Court is respectfully directed to close ECF No. 133. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/14/2021) (ama) (Entered: 04/14/2021) |
| Apr 14, 2021 | Set/Reset Deadlines: Joseph L. Murphy answer due 5/12/2021. (ama) (Entered: 04/14/2021) | ||
| 135 | Apr 19, 2021 | Request | MEMORANDUM OF LAW in Opposition re: 115 MOTION for Reconsideration re; 109 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,, . . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 04/19/2021) |
| 136 | Apr 22, 2021 | Request | LETTER MOTION for Extension of Time for Plaintiff and Defendant addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. and Tiffany M. Cooke, Esq. dated April 22, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 04/22/2021) |
| 137 | Apr 23, 2021 | Request | ORDER: granting 136 Letter Motion for Extension of Time. The parties' letter-motion (ECF No. 136) is GRANTED, and the proposed deadlines are ADOPTED.The Clerk of Court is respectfully directed to close ECF No. 136. SO ORDERED. Amended Pleadings due by 5/3/2021. (Signed by Magistrate Judge Sarah L Cave on 4/23/2021) (ama) (Entered: 04/23/2021) |
| Apr 23, 2021 | Set/Reset Deadlines: Replies due by 5/3/2021. (ama) (Entered: 04/23/2021) | ||
| 138 | May 3, 2021 | View | REPLY MEMORANDUM OF LAW in Support re: 115 MOTION for Reconsideration re; 109 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,, . . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 05/03/2021) |
| 139 | May 3, 2021 | Request | AMENDED COMPLAINT amending 1 Complaint against Hayley Paige Gutman, Conrad Louis Clevlen with JURY DEMAND.Document filed by JLM Couture, Inc.. Related document: 1 Complaint. (Attachments: # 1 Granting Extension of Time to File Amended Complaint).(Matz, Sarah) (Entered: 05/03/2021) |
| 140 | May 3, 2021 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Conrad Louis Clevlen, re: 139 Amended Complaint,. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 05/03/2021) |
| 141 | May 4, 2021 | View | PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Hayley Paige Gutman..(Rochford, Richard) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 05/04/2021) |
| 142 | May 4, 2021 | View | MEMORANDUM OF LAW in Support re: 141 Proposed Order to Show Cause Without Emergency Relief for Dissolution of March 4, 2021 Preliminary Injunction. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 05/04/2021) |
| 143 | May 4, 2021 | Request | DECLARATION of Hayley Paige Gutman in Support re: 141 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Rochford, Richard) (Entered: 05/04/2021) |
| 144 | May 4, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 141 Proposed Order to Show Cause Without Emergency Relief . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 05/04/2021) |
| 145 | May 4, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Hayley Paige Gutman in Support re: 141 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 05/04/2021) |
| May 4, 2021 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 141 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) (Entered: 05/04/2021) | ||
| 146 | May 4, 2021 | Request | ELECTRONIC SUMMONS ISSUED as to Conrad Louis Clevlen. (sj) (Entered: 05/04/2021) |
| 147 | May 5, 2021 | Request | ORDER: The Court has received Defendants application for an order to show cause.(Docket entry numbers 141-145.) The Court declines to issue an order to show cause but treats Defendant's application as a motion to dissolve the preliminary injunction. Plaintiff's opposition papers are due by May 12, 2021, and Defendant's reply papers are due by May 19, 2021. Telephonic oral argument is hereby scheduled for May 25, 2021, at 9:30 a.m. So Ordered. (Responses due by 5/12/2021, Replies due by 5/19/2021.) (Signed by Judge Laura Taylor Swain on 5/5/2021) (js) (Entered: 05/05/2021) |
| May 5, 2021 | Set/Reset Hearings: Telephone Conference set for 5/25/2021 at 09:30 AM before Judge Laura Taylor Swain. (js) (Entered: 05/05/2021) | ||
| 148 | May 6, 2021 | Request | LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated May 6, 2021. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 05/06/2021) |
| 149 | May 6, 2021 | Request | ORDER granting 148 Letter Motion for Extension of Time. The foregoing adjournment, page extension and scheduling requests are granted. The preliminary injunction dissolution argument will be heard telephonically on June 1, 2021, beginning at 2:00 p.m. DE# 148 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 5/6/2021) (js) (Entered: 05/07/2021) |
| May 6, 2021 | Set/Reset Deadlines: Responses due by 5/19/2021, Replies due by 5/26/2021.), Set/Reset Hearings:(Telephone Conference set for 6/1/2021 at 02:00 PM before Judge Laura Taylor Swain.) (js) (Entered: 05/07/2021) | ||
| May 6, 2021 | Set/Reset Deadlines: JLM Couture, Inc. answer due 6/4/2021. (js) (Entered: 05/07/2021) | ||
| 150 | May 7, 2021 | Request | ORDER: In briefing Defendant's Motion to Dissolve the Preliminary Injunction Order as directed by the Court's Order dated May 6, 2021, (Docket entry no. 149), the parties are hereby directed to address this Court's jurisdiction to modify or dissolve the Preliminary Injunction Order pending appeal without the consent of the Court of Appeals in light of International Ass'n of Machinists and Aerospace Workers, AFL-CIO v. Eastern Air Lines, Inc., 847 F.2d 1014, 1018 (2d Cir. 1988) (holding that for an injunction pending appeal, Fed. R. Civ. P. 62(d) "has been narrowly interpreted to allow district courts to grant only such relief as may be necessary to preserve the status quo pending an appeal where the consent of the court of appeals has not been obtained") (citing Ideal Toy Corp. v. Sayco Doll Corp., 302 F.2d 623, 625 (2d Cir. 1962). (Signed by Judge Laura Taylor Swain on 5/7/2021) (rro) (Entered: 05/07/2021) |
| 151 | May 14, 2021 | Request | CERTIFICATE OF SERVICE of First Amended Complaint, Notice of Lawsuit and Request to Waive Service of A Summons, Waiver of Service of Summons and prepaid self-addressed envelope served on Conrad Louis Clevlen on May 11, 2021. Service was accepted by Tiffany Cooke, Esq.. Service was made by Mail. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 05/14/2021) |
| 152 | May 14, 2021 | Request | CERTIFICATE OF SERVICE of First Amended Complaint, Notice of Lawsuit and Request to Waive Service of A Summons, and (2) Waiver of Service of Summons served on Conrad Louis Clevlen on May 11, 2021. Service was accepted by Tiffany Cooke, Esq.. Service was made by E-Mail. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 05/14/2021) |
| 153 | May 14, 2021 | Request | LETTER MOTION for Extension of Time to File Answer re: 139 Amended Complaint, addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated May 14, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 05/14/2021) |
| 154 | May 14, 2021 | Request | WAIVER OF SERVICE RETURNED EXECUTED. Conrad Louis Clevlen waiver sent on 5/11/2021, answer due 7/12/2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 05/14/2021) |
| 155 | May 17, 2021 | Request | ORDER granting 153 Letter Motion for Extension of Time to Answer re 153 LETTER MOTION for Extension of Time to File Answer re: 139 Amended Complaint, addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated May 14, 2021., 139 Amended Complaint,. Defendant's letter-motion requesting an extension of the deadline to answer or otherwise respond to the First Amended Complaint (ECF No. 153) is GRANTED, and Defendant's deadline to respond is EXTENDED to Wednesday, June 2, 2021. The Initial Conference before Judge Cave presently scheduled for May 25, 2021 is ADJOURNED until Tuesday, June 8, 2021 at 2:00 pm on the Court's conference line. The terms of the Order Scheduling Initial Case Management Conference (ECF No. 114) are incorporated by reference, and the parties shall file their Report of Rule 26(f) Meeting and Proposed Case Management Plan by Tuesday, June 1, 2021. The Clerk of Court is respectfully directed to close ECF No. 153. SO ORDERED. (Hayley Paige Gutman answer due 6/2/2021.) (Signed by Magistrate Judge Sarah L Cave on 5/17/21) (yv) (Entered: 05/17/2021) |
| May 17, 2021 | Set/Reset Hearings: Initial Conference set for 6/8/2021 at 02:00 PM before Magistrate Judge Sarah L Cave. (yv) (Entered: 05/17/2021) | ||
| 156 | May 19, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Opposition re: 141 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by JLM Couture, Inc...(Malone, Michelle) Modified on 5/25/2021 (kw). (Entered: 05/19/2021) |
| 157 | May 19, 2021 | Request | DECLARATION of Joseph L. Murphy in Opposition re: 141 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8).(Malone, Michelle) Modified on 5/25/2021 (kw). (Entered: 05/19/2021) |
| 158 | May 19, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Opposition re: 141 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)Motion or Order to File Under Seal: 20 .(Malone, Michelle) Modified on 5/25/2021 (kw). (Entered: 05/19/2021) |
| 159 | May 19, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 141 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by JLM Couture, Inc.. Motion or Order to File Under Seal: 20 .(Marcus, David) Modified on 5/25/2021 (kw). (Entered: 05/19/2021) |
| 160 | May 19, 2021 | View | MEMORANDUM OF LAW in Opposition re: 141 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by JLM Couture, Inc...(Malone, Michelle) Modified on 5/25/2021 (kw). (Entered: 05/19/2021) |
| 161 | May 21, 2021 | Request | MOTION Request for Court to order JLMs opposition papers filed at (Dkt Nos. 156-160) to be linked to (Dkt No. 141) . Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 05/21/2021) |
| 162 | May 24, 2021 | Request | SCHEDULING ORDER: Due to a scheduling conflict, the Initial Conference scheduled on Tuesday, June 8, 2021 at 2:00 pm (ECF No. 155) is rescheduled to 3:00 pm on Tuesday, June 8, 2021 on the Court's conference line. (Initial Conference set for 6/8/2021 at 03:00 PM before Magistrate Judge Sarah L Cave.) (HEREBY ORDERED by Magistrate Judge Sarah L Cave) (Text Only Order) (ne) (Entered: 05/24/2021) |
| 163 | May 24, 2021 | Request | ORDER granting 161 Motion re: 161 MOTION Request for Court to order JLMs opposition papers filed at (Dkt Nos. 156-160) to be linked to (Dkt No. 141) . The request is granted and the Clerk's Office is directed as set forth above. DE# 161 resolved. SO ORDERED.. (Signed by Judge Laura Taylor Swain on 5/24/2021) (nb) Transmission to Office of the Clerk of Court for processing. (Entered: 05/24/2021) |
| 164 | May 26, 2021 | Request | DECLARATION of Hayley Paige Gutman in Support re: 141 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15).(Rochford, Richard) (Entered: 05/26/2021) |
| 165 | May 26, 2021 | Request | REPLY MEMORANDUM OF LAW in Support re: 141 Proposed Order to Show Cause Without Emergency Relief . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 05/26/2021) |
| 166 | May 26, 2021 | Request | LETTER MOTION to Seal and to Redact, regarding JLM's opposition to Gutman's motion to dissolve the Court's Preliminary Injunction Order addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated May 26, 2021. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 05/26/2021) |
| 167 | May 26, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Hayley Paige Gutman in Support re: 141 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit 8, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15)Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 05/26/2021) |
| 168 | May 26, 2021 | Request | ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 141 Proposed Order to Show Cause Without Emergency Relief . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc., Joseph L. Murphy. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 05/26/2021) |
| 169 | May 26, 2021 | View | DECLARATION of Joseph L. Murphy in Support re: 166 LETTER MOTION to Seal and to Redact, regarding JLM's opposition to Gutman's motion to dissolve the Court's Preliminary Injunction Order addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated May 26, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 7 to Decl. of J. Murphy dated May 19, 2021, Redacted, # 2 Exhibit Ex. 8 to Decl. of J. Murphy dated May 19, 2021, Redacted, # 3 Exhibit JLMs memorandum of law in opposition to Gutmans motion to dissolve, dated May 19, 2021, Redacted, # 4 Exhibit J. Murphys Decl. dated May 19, 2019, Redacted).(Marcus, David) (Entered: 05/26/2021) |
| 170 | May 26, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 166 LETTER MOTION to Seal and to Redact, regarding JLM's opposition to Gutman's motion to dissolve the Court's Preliminary Injunction Order addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated May 26, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 7 to Decl. of J. Murphy dated May 19, 2021, Unredacted, # 2 Exhibit Ex. 8 to Decl. of J. Murphy dated May 19, 2021, Unredacted, # 3 Exhibit JLMs memorandum of law in opposition to Gutmans motion to dissolve, dated May 19, 2021, Unredacted, # 4 Exhibit J. Murphys Decl. dated May 19, 2019, Unredacted)Motion or Order to File Under Seal: 166 .(Marcus, David) (Entered: 05/26/2021) |
| 171 | May 27, 2021 | Request | ORDER granting 166 Letter Motion to Seal. The foregoing application to file the referenced unredacted documents under seal with access limited to parties, and to file redacted versions on the public docket, is granted for the reasons set forth above. DE# 166 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 5/27/2021) (js) (Entered: 05/27/2021) |
| 172 | May 28, 2021 | Request | JOINT LETTER MOTION for Extension of Time and To Request a Streamlined Schedule for Upcoming Pleadings and Anticipated Motions to Dismiss addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz and Tiffany Cooke dated May 28, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 05/28/2021) |
| 173 | May 28, 2021 | Request | ORDER: The oral argument in the above-captioned matter scheduled for June 1, 2021, at 2:00 p.m. will take place via teleconference. Each party will be allotted 40 minutes. To access the hearing, counsel should call 888-363-4734 and use access code 1527005# and password 2699#. (Members of the press and public may call the same number, but will not be permitted to speak during the conference.) In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the hearing: as further set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/28/2021) (kv) (Entered: 05/28/2021) |
| 174 | May 28, 2021 | View | ORDER of USCA (Certified Copy) as to 128 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman. USCA Case Number 21-870. Appellant moves to remand the appeal and to stay the appeal pending the district court's resolution of her motion to dissolve the preliminary injunction. Upon due consideration, it is hereby ORDERED that the motion is DENIED as unnecessary. The Court has determined sua sponte that there is not yet an effective notice of appeal because the district court has yet to enter an order resolving Appellants timely motion for reconsideration, S.D.N.Y. 20-cv-10575, doc. 115, which is treated as having been filed under Fed. R. Civ. P. 59(e). See Fed. R. App. P. 4(a)(4)(B)(i); see also U.S. ex rel. McAllan v. City of New York, 248 F.3d 48, 52 (2d Cir. 2001) (per curiam); Nw. Natl Ins. Co. of Milwaukee, Wis. v. Alberts, 937 F.2d 77, 8182 (2d Cir. 1991). Therefore, it is further ORDERED that the appeal shall be HELD IN ABEYANCE pending resolution of Appellant's timely Rule 59(e) motion. See Hodge ex rel. Skiff v. Hodge, 269 F.3d 155, 157 n.4 (2d Cir. 2001) (per curiam).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/28/2021..(nd) (Entered: 05/28/2021) |
| 175 | Jun 1, 2021 | Request | ORDER granting 172 Letter Motion for Extension of Time. The parties' letter-motion requesting "a streamlined schedule for upcoming pleadings and anticipated motions to dismiss" (the "Letter-Motion" (ECF No. 172)) is GRANTED, and the deadlines to answer or otherwise respond to Defendant's counterclaims/third-party claims and Plaintiff's First Amended Complaint are EXTENDED to June 25, 2021. The Court will issue an order adopting the briefing schedule set forth in either "Scenario 1 (no amendment)" or "Scenario 2 (amendment)" depending on whether the party opposing a motion to dismiss files by July 2, 2021 a letter informing the Court that it wishes to further amend its claims. (See ECF No. 172). The Initial Conference presently scheduled for June 8, 2021 before Judge Cave (ECF No. 155) is ADJOURNED to Thursday, July 8, 2021 at 10:00 am on the Court's conference line. The parties are directed to call: (866)390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 172. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/1/21) (yv) (Entered: 06/01/2021) |
| Jun 1, 2021 | Set/Reset Deadlines: Hayley Paige Gutman answer due 6/25/2021; JLM Couture, Inc. answer due 6/25/2021; Joseph L. Murphy answer due 6/25/2021., Set/Reset Hearings:( Initial Conference set for 7/8/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (yv) (Entered: 06/01/2021) | ||
| Jun 1, 2021 | Minute Entry for proceedings held before Judge Laura Taylor Swain: Oral Argument held on 6/1/2021 re: 115 MOTION for Reconsideration re; 109 Memorandum & Opinion filed by Hayley Paige Gutman, 141 Proposed Order to Show Cause Without Emergency Relief filed by Hayley Paige Gutman. For plaintiff counsel Sarah M. Matz, David Marcus and Michelle Malone present. For defendant (Hayley Paige Gutman present) counsel Richard Rochford, Tiffany Cooke, Joseph Lawlor and Bruce Menken present. Court Reporter Eve Giniger present. ORAL ARGUMENT held on defendants motion to dissolve the Preliminary Injunction Order and defendants motion for reconsideration. The Court reserves its decision and the parties will be notified when a decision has been rendered. (lan) (Entered: 06/04/2021) | ||
| 176 | Jun 2, 2021 | View | MEMORANDUM OPINION AND ORDER: re: 115 MOTION for Reconsideration re; 109 Memorandum & Opinion . filed by Hayley Paige Gutman. For the reasons stated herein, Ms. Gutman's motion to dissolve the Preliminary Injunction Order is denied in its entirety. Ms. Gutman's motion for reconsideration is also denied in its entirety. The Preliminary Injunction Order is, however, clarified by the following modifications: as further set forth in this order. This order resolves docket entry number 115. The Preliminary Injunction Order remains in force in all other respects and the case remains referred to Magistrate Judge Cave for general pretrial management. So Ordered. (Signed by Judge Laura Taylor Swain on 6/2/2021) (js) (Entered: 06/02/2021) |
| 177 | Jun 4, 2021 | View | AMENDED NOTICE OF APPEAL re: 128 Notice of Interlocutory Appeal, 176 Memorandum & Opinion,,,. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/04/2021) |
| Jun 4, 2021 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 177 Amended Notice of Appeal. (tp) (Entered: 06/04/2021) | ||
| Jun 4, 2021 | First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 177 Amended Notice of Appeal filed by Hayley Paige Gutman were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/04/2021) | ||
| 178 | Jun 23, 2021 | Request | LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah L. Cave from Tiffany Cooke dated June 23, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 06/23/2021) |
| 179 | Jun 24, 2021 | Request | ORDER granting 178 Letter Motion for Leave to File Excess Pages. The foregoing request is granted. Dkt. No. 178 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/24/2021) (vfr) (Entered: 06/24/2021) |
| 180 | Jun 25, 2021 | View | MOTION to Dismiss . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/25/2021) |
| 181 | Jun 25, 2021 | Request | MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 06/25/2021) |
| 182 | Jun 25, 2021 | Request | MEMORANDUM OF LAW in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims. (with redactions). Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 06/25/2021) |
| 183 | Jun 25, 2021 | View | DECLARATION of Joseph L. Murphy in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims.. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit 1 contract (redacted), # 2 Exhibit 2 contract (redacted), # 3 Exhibit 3 agreement (filed under seal), # 4 Exhibit 4 paystub (pending sealing order), # 5 Exhibit 5 paystub (pending sealing order), # 6 Exhibit 6 handbook, # 7 Exhibit 7 handbook, # 8 Exhibit 8 DOL Letter, # 9 Exhibit 13 letter (redacted)).(Matz, Sarah) (Entered: 06/25/2021) |
| 184 | Jun 25, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims.. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit 9 photo, # 2 Exhibit 10 photo, # 3 Exhibit 11 terms of use, # 4 Exhibit 12 email).(Matz, Sarah) (Entered: 06/25/2021) |
| 185 | Jun 25, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims.. Document filed by Joseph L. Murphy, JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit 1 contract (highlighted), # 2 Exhibit 2 contract (highlighted), # 3 Exhibit 3 agreement, # 4 Exhibit 4 paystub, # 5 Exhibit 5 paystub, # 6 Exhibit 13 letter (highlighted))Motion or Order to File Under Seal: 20 .(Matz, Sarah) (Entered: 06/25/2021) |
| 186 | Jun 25, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims. with highlights. Document filed by Joseph L. Murphy, JLM Couture, Inc., Hayley Paige Gutman. Motion or Order to File Under Seal: 20 .(Matz, Sarah) (Entered: 06/25/2021) |
| 187 | Jun 25, 2021 | Request | MOTION to Dismiss - Notice of Motion to Dismiss. Document filed by Hayley Paige Gutman..(Lawlor, Joseph) (Entered: 06/25/2021) |
| 188 | Jul 1, 2021 | Request | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 07/01/2021) |
| 189 | Jul 2, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Richard D. Rochford dated July 2, 2021 re: Intent to Amend Answer, Affirmative Defenses, and Counterclaims. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 07/02/2021) |
| 190 | Jul 2, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated July 2, 2021 re: JLM's notice of amendment of its First Amended Complaint on consent. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 07/02/2021) |
| 191 | Jul 5, 2021 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 6/1/2021 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2021. Redacted Transcript Deadline set for 8/5/2021. Release of Transcript Restriction set for 10/4/2021..(McGuirk, Kelly) (Entered: 07/05/2021) |
| 192 | Jul 5, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 07/05/2021) |
| 193 | Jul 6, 2021 | Request | MEMO ENDORSEMENT on re: 190 Letter notice of amendment of its First Amended Complaint on consent filed by JLM Couture, Inc. ENDORSEMENT: The Initial Conference before Judge Cave will go forward as scheduled on July 8, 2021, at 10:00 am on the Court's conference line. (ECF No. 175). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Court will address scheduling and the matters raised in the parties' Rule 26(f) Report and their letters (ECF Nos. 188-90) at the Initial Conference. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/6/21) (yv) (Entered: 07/06/2021) |
| Jul 8, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Pretrial Conference via telephone held on 7/8/2021. Attorneys Sarah Matz and Michelle Malone appeared on behalf of Plaintiff. Attorneys Tiffany Cook and Richard Rochford, Jr. appeared on behalf of Defendants. (ne) (Entered: 07/08/2021) | ||
| 194 | Jul 8, 2021 | Request | ORDER: Pursuant to the Initial Conference held today, the Court orders as follows: 1. Defendant Conrad Clevlen shall answer, move, or otherwise respond to the First Amended Complaint (ECF No. 139) by July 26, 2021. 2. The parties shall file their amended pleadingsPlaintiff JLM Couture, Inc.'s Second Amended Complaint ("SAC"), and Defendant Hayley Paige Gutman's amended counterclaims/third-party claims (together, the "Amended Pleadings")by August 13, 2021. 3. Any motions to dismiss the Amended Pleadings by Plaintiff and Defendant Gutman (together, the "Renewed Motions to Dismiss") shall be filed by September 27, 2021. 4. Defendant Clevlen's motion to dismiss the SAC ("Clevlen's Second Motion to Dismiss") shall be filed by October 1, 2021. 5. Any opposition to the Renewed Motions to Dismiss shall be filed by November 8, 2021. 6. Plaintiff's opposition to Clevlen's Second Motion to Dismiss shall be filed by November 12, 2021. 7. All reply memoranda shall be filed by December 12, 2021. 8. The parties shall file a joint ESI Plan and proposed order to govern the preservation, collection and production of electronically stored information (the "ESI Proposal") by July 30, 2021. 9. The Court holds in abeyance a ruling on the parties' joint request to stay discovery pending dispositive motion practice (see ECF No. 188) until after the Renewed Motions to Dismiss are filed. a. A Telephone Status Conference to address discovery is scheduled for Wednesday, October 6, 2021, at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties are not required to file a submission in advance of this conference, but if elect to, the submission shall be filed no later than Thursday, September 30, 2021. SO ORDERED. Conrad Louis Clevlen answer due 7/26/2021.( Amended Pleadings due by 8/13/2021., Motions due by 10/1/2021., Responses due by 11/12/2021, Replies due by 12/12/2021., Telephone Conference set for 10/6/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/8/2021) (vfr) (Entered: 07/08/2021) |
| 195 | Jul 15, 2021 | Request | MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 07/15/2021) |
| 196 | Jul 15, 2021 | View | MEMORANDUM OF LAW in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 07/15/2021) |
| 197 | Jul 15, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman .. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit A - 6.7 Video, # 2 Exhibit A-1 - Transcript, # 3 Exhibit B - Comments, # 4 Exhibit C - Article, # 5 Exhibit D - Articles, # 6 Exhibit E - Article Excerpt, # 7 Exhibit F - 6.18 Letter, # 8 Exhibit G - 6.21 Letter, # 9 Exhibit H - 6.21 Post, # 10 Exhibit I - Comments, # 11 Exhibit J - 6.25 Post, # 12 Exhibit K - 7.1 Post, # 13 Exhibit R - Podcast, # 14 Exhibit S Grant Post, # 15 Exhibit T - 7.7 Post, # 16 Exhibit V - Commercial Posts, # 17 Exhibit W - Apartment, # 18 Exhibit X - Followers, # 19 Exhibit Y - Promotion).(Matz, Sarah) (Entered: 07/15/2021) |
| 198 | Jul 15, 2021 | Request | DECLARATION of Joseph L. Murphy in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman .. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit L - Website Sketches, # 2 Exhibit M-1 - Hangtags, # 3 Exhibit M-2 - Sketches, # 4 Exhibit M-3 - Sketches, # 5 Exhibit M-4 - Sketches, # 6 Exhibit M-5 - Sketches, # 7 Exhibit M-6 - Sketches, # 8 Exhibit M-7 - Sketches, # 9 Exhibit N-1 - Design, # 10 Exhibit N-2 - Compare, # 11 Exhibit N-3 - Article, # 12 Exhibit O - Video, # 13 Exhibit P - Video, # 14 Exhibit Q - Video, # 15 Exhibit U - IG Story).(Matz, Sarah) (Entered: 07/15/2021) |
| 199 | Jul 15, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . . Document filed by JLM Couture, Inc., Hayley Paige Gutman. Motion or Order to File Under Seal: 171 .(Matz, Sarah) (Entered: 07/15/2021) |
| 200 | Jul 15, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated July 15, 2021 re: Video Exhibit Submissions. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 07/15/2021) |
| 201 | Jul 16, 2021 | Request | TRANSCRIPT of Proceedings re: Remote Initial Case Management Conference held on 7/8/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2021. Redacted Transcript Deadline set for 8/16/2021. Release of Transcript Restriction set for 10/14/2021. (va) (Entered: 07/16/2021) |
| 202 | Jul 16, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Initial Case Management Conference proceeding held on 7/8/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (va) (Entered: 07/16/2021) |
| 203 | Jul 16, 2021 | Request | CERTIFICATE OF SERVICE of Video Exhibits and Letter served on Hayley Paige Gutman on July 15, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 07/16/2021) |
| 204 | Jul 20, 2021 | Request | TRANSCRIPT of Proceedings re: Initial Case Management Conference held on 7/8/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2021. Redacted Transcript Deadline set for 8/20/2021. Release of Transcript Restriction set for 10/18/2021.(cf) (Entered: 07/20/2021) |
| 205 | Jul 20, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Initial Case Management Conference proceeding held on 7/8/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(cf) (Entered: 07/20/2021) |
| 206 | Jul 26, 2021 | Request | MOTION to Dismiss . Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 07/26/2021) |
| 207 | Jul 26, 2021 | Request | DECLARATION of Conrad Louis Clevlen in Support re: 206 MOTION to Dismiss .. Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 07/26/2021) |
| 208 | Jul 26, 2021 | Request | MEMORANDUM OF LAW in Support re: 206 MOTION to Dismiss . . Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 07/26/2021) |
| 209 | Jul 26, 2021 | Request | LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah L. Cave from Tiffany M. Cooke dated July 26, 2021. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 07/26/2021) |
| 210 | Jul 27, 2021 | Request | ORDER granting 209 Letter Motion for Leave to File Excess Pages. The foregoing requests for page extensions are granted. DE no. 209 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 7/27/2021) (js) Modified on 8/9/2021 (js). (Entered: 07/27/2021) |
| 211 | Jul 29, 2021 | Request | LETTER MOTION for Extension of Time to File ESI Protocols addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. and Tiffany M. Cooke, Esq. dated July 29, 2021. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 07/29/2021) |
| 212 | Jul 29, 2021 | Request | NOTICE of Cross-Motion re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman .. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 07/29/2021) |
| 213 | Jul 29, 2021 | Request | DECLARATION of Hayley Paige Gutman re: 212 Notice (Other), 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . in Opposition to Motion for Contempt and in Support of Cross-Motion. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 07/29/2021) |
| 214 | Jul 29, 2021 | View | MEMORANDUM OF LAW re: 213 Declaration, 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . in Opposition to Motion for Contempt and in Support of Cross-Motion. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 07/29/2021) |
| 215 | Jul 30, 2021 | Request | ORDER granting 211 Letter Motion for Extension of Time. The parties' joint letter-motion requesting an extension to file the ESI Preservation Protocols (ECF No. 211) is GRANTED, and the deadline is EXTENDED to August 20, 2021. The Clerk of Court is respectfully directed to close ECF No. 211. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/30/2021) (vfr) (Entered: 07/30/2021) |
| 216 | Aug 2, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated August 2, 2021 re: Amendment of Second Amended Complaint in response to Defendant Clevlen's Motion to Dismiss. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 08/02/2021) |
| 217 | Aug 2, 2021 | Request | ORDER granting 112 Letter Motion to Seal. Defendant's redaction request is granted in its entirety. Docket entry number 113 shall remain under seal with access restricted to the parties and the Court and the redactions in docket entry number 111 are approved. This Order resolves docket entry number 112. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/2/21) (yv) (Entered: 08/03/2021) |
| 218 | Aug 5, 2021 | Request | DECLARATION of Sarah M. Matz in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman .. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. Z, Viideo - slipsheet, # 2 Exhibit Ex. Z-1, Comments, # 3 Exhibit Ex. AA, Video - slipsheet, # 4 Exhibit Ex. BB, Screenshots of social media posts, # 5 Exhibit Ex. CC, Exerpt of court transcript).(Marcus, David) (Entered: 08/05/2021) |
| 219 | Aug 6, 2021 | View | REPLY MEMORANDUM OF LAW in Support re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . and MEMORANDUM OF LAW in Opposition to Hayley Paige Gutman's Cross-Motion for Attorneys' Fees and Costs. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 08/06/2021) |
| 220 | Aug 6, 2021 | Request | LETTER MOTION to Seal Memorandum of Law [Dkt. No. 182] and Exs. 4 & 5 [Dkt. Nos. 183-4 and 183-5] addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated August 6, 2021. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 08/06/2021) |
| 221 | Aug 6, 2021 | Request | DECLARATION of Joseph L. Murphy in Support re: 220 LETTER MOTION to Seal Memorandum of Law [Dkt. No. 182] and Exs. 4 & 5 [Dkt. Nos. 183-4 and 183-5] addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated August 6, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Memo of Law - Redacted, # 2 Exhibit 4 - Redacted, # 3 Exhibit 5 - Redacted).(Matz, Sarah) (Entered: 08/06/2021) |
| 222 | Aug 6, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 220 LETTER MOTION to Seal Memorandum of Law [Dkt. No. 182] and Exs. 4 & 5 [Dkt. Nos. 183-4 and 183-5] addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated August 6, 2021.. Document filed by JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit Memo of Law - Highlighted, # 2 Exhibit 4 - Unredacted, # 3 Exhibit 5- Unredacted)Motion or Order to File Under Seal: 220 .(Matz, Sarah) (Entered: 08/06/2021) |
| 223 | Aug 10, 2021 | Request | ORDER granting 220 Letter Motion to Seal. The foregoing sealing requests are granted and the proposed redactions are approved for the reasons stated above. The sealed versions shall be viewable only the court, counsel for plaintiff, and counsel for defendant. Plaintiff shall file its memorandum of law in the redacted form illustrated in sealed docket entry 222-1. Any further sealed filing of identical material must be linked to this endorsed order. Unredacted copies must be sent to Chambers. DE # 220 resolved. SO ORDERED.. (Signed by Judge Laura Taylor Swain on 8/10/2021) (js) (Entered: 08/10/2021) |
| 224 | Aug 12, 2021 | View | REPLY MEMORANDUM OF LAW re: 212 Notice (Other), IN FURTHER SUPPORT OF HER CROSS-MOTION FOR ATTORNEYS FEES AND COSTS. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 08/12/2021) |
| 225 | Aug 12, 2021 | Request | DECLARATION of Hayley Paige Gutman re: 212 Notice (Other), IN FURTHER SUPPORT OF HER CROSS-MOTION FOR ATTORNEYS FEES AND COSTS. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A).(Rochford, Richard) (Entered: 08/12/2021) |
| 226 | Aug 13, 2021 | Request | AMENDED COUNTERCLAIM amending 121 Answer to Complaint, Counterclaim against JLM Couture, Inc., Joseph L. Murphy.Document filed by Hayley Paige Gutman. Related document: 121 Answer to Complaint, Counterclaim..(Rochford, Richard) (Entered: 08/13/2021) |
| 227 | Aug 13, 2021 | Request | ***SELECTED PARTIES*** AMENDED COUNTERCLAIM amending 122 Answer to Complaint, Counterclaim against JLM Couture, Inc..Document filed by Hayley Paige Gutman, JLM Couture, Inc., Joseph L. Murphy. Related document: 122 Answer to Complaint, Counterclaim.Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 08/13/2021) |
| 228 | Aug 13, 2021 | View | SECOND AMENDED COMPLAINT amending 139 Amended Complaint, against Conrad Louis Clevlen, Hayley Paige Gutman with JURY DEMAND.Document filed by JLM Couture, Inc.. Related document: 139 Amended Complaint,. (Attachments: # 1 Exhibit 1- Chart (Sealed Pending Order), # 2 Exhibit 2 - Chart (Sealed Pending Order)).(Matz, Sarah) Modified on 8/16/2021 (gp). Modified on 8/16/2021 (gp). (Entered: 08/13/2021) |
| 229 | Aug 13, 2021 | Request | ***SELECTED PARTIES***SECOND AMENDED COMPLAINT amending 228 Amended Complaint, against Hayley Paige Gutman, Conrad Louis Clevlen with JURY DEMAND.Document filed by Hayley Paige Gutman, JLM Couture, Inc., Conrad Louis Clevlen. Related document: 228 Amended Complaint,. (Attachments: # 1 Exhibit 1 - Chart (Unredacted), # 2 Exhibit 2- Chart (Unredacted))Motion or Order to File Under Seal: 217 .(Matz, Sarah) (Entered: 08/13/2021) |
| 230 | Aug 17, 2021 | View | ORDER denying without prejudice 180 Motion to Dismiss; denying without prejudice 181 Motion to Dismiss; denying without prejudice 187 Motion to Dismiss; denying without prejudice 206 Motion to Dismiss. Accordingly, it is hereby ORDERED that Defendant Gutman's pending motion to dismiss the amended complaint (docket entry nos. 180 and 187), Plaintiff JLM Couture, Inc.'s pending motion to dismiss Defendant Gutman's counterclaims and third-party claims (docket entry no. 181), and Defendant Conrad Louis Clevlen's pending motion to dismiss the amended complaint (docket entry no. 206) are denied without prejudice to renewal in light of the amended pleadings and in accordance with the briefing schedule specified in docket entry no. 194. Docket entry nos. 180, 181, 187, and 206 are resolved. So Ordered.. (Signed by Judge Laura Taylor Swain on 8/17/2021) (js) (Entered: 08/17/2021) |
| 231 | Aug 17, 2021 | View | MEMORANDUM OF LAW in Support re: 181 MOTION to Dismiss Defendant Hayley Paige Gutman's Counterclaims and Third-Party Claims. Pursuant to Hon. Judge Swain's Order [Dkt. No. 223]. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 08/17/2021) |
| 232 | Aug 19, 2021 | Request | JOINT LETTER MOTION for Extension of Time to File Protocols for the Preservation of Certain ESI addressed to Magistrate Judge Sarah L. Cave from Tiffany M. Cooke dated August 19, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 08/19/2021) |
| 233 | Aug 19, 2021 | Request | ORDER granting 232 Letter Motion for Extension of Time to File. The parties' joint letter-motion requesting an extension of time to file their proposed ESI Protocols (ECF No. 232) is GRANTED, and the deadline to file the proposed ESI Protocols is EXTENDED to Wednesday, September 8, 2021. The Clerk of Court is respectfully directed to close ECF No. 232. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/19/2021) (va) (Entered: 08/19/2021) |
| 234 | Sep 8, 2021 | View | MEMORANDUM OPINION AND ORDER ON MOTION FOR CONTEMPT AND SANCTIONS: re: 195 MOTION For Finding of Civil Contempt of the March 4, 2021 Preliminary Injunction Order, as modified by the June 2, 2021 Order, Against Hayley Paige Gutman . filed by JLM Couture, Inc. For the foregoing reasons, the Court grants, in part, and denies, in part, JLM's motion to hold Ms. Gutman in civil contempt of the Court's Preliminary Injunction Order and denies, in its entirety, Ms. Gutman's cross-motion for attorney's fees and costs. Ms. Gutman is directed to remove the May 7, 2021, video from her @agirlyoumightknowgrant account and her posts from June 7, 2021, June 21, 2021, June 25, 2021, and July 15, 2021, on her ATG Account within five days of the date of this order. Ms. Gutman is also enjoined, effective immediately, from announcing a new brand name in the context of any present or future commercial venture involving any category of goods listed in paragraph 3(b) of the Preliminary Injunction Order while such order remains in effect. Ms. Gutman must pay $5,000 to the Clerk of Court for each day that she is not in compliance with either of the above directives (including any day(s) on which she reposts, or causes to be reposted, the removed or similar content, or new content violative of either of the foregoing directives). JLM will be awarded its reasonable attorneys fees and costs incurred in connection with prosecuting this motion and is directed to file a motion, along with contemporaneous supporting billing materials, for such fees and costs within 14 days of the date of this order. Ms. Gutman is directed to file any response to such fee motion within 14 days after JLM's motion is filed. JLM shall then have seven days to file its reply. This Memorandum Opinion and Order resolves docket entry nos. 195 and 212. This case remains referred to Magistrate Judge Cave for general pretrial management. So Ordered (Signed by Judge Laura Taylor Swain on 9/8/2021) (js) Transmission to Finance Unit (Cashiers) for processing. (Entered: 09/08/2021) |
| 235 | Sep 8, 2021 | Request | JOINT LETTER MOTION for Extension of Time to File the Protocols for the Preservation of Certain ESI addressed to Magistrate Judge Sarah L. Cave from Tiffany M. Cooke dated September 8, 2021. Document filed by Conrad Louis Clevlen, Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 09/08/2021) |
| 236 | Sep 9, 2021 | Request | ORDER granting 235 Letter Motion for Extension of Time to File. The parties' letter-motion requesting an extension of the deadline to submit their proposed ESI Preservation Protocol (the "ESI Protocol") (ECF No. 235) is GRANTED. The parties shall submit the ESI Protocol by Friday, September 10, 2021. The Clerk of Court is respectfully directed to close ECF No. 235. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/9/2021) (mml) (Entered: 09/09/2021) |
| 237 | Sep 10, 2021 | Request | PROPOSED STIPULATION AND ORDER. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 09/10/2021) |
| 238 | Sep 13, 2021 | Request | STIPULATION AND ORDER FOR THE PRESERVATION OF CERTAIN ESI. The following Social Media Accounts (defined below) and the content thereon are referred to in and governed by this Order as further set forth in this Stipulation. The Court hereby orders from the date hereof and during the pendency of this action that the Parties shall preserve the content on the Social Media Accounts in the following manner: For the Instagram Accounts: In the absence of any other Order to the contrary, the Parties leaving the Posts in public view satisfies their preservation obligation. If a Party needs or would like to remove an Instagram Post from public view, that Party will endeavor to archive the post, rather than delete it. Archiving may be achieved by archiving posts through Instagrams archiving option (i.e., removing them from public view through the Instagram archive feature).3 If it is not possible to archive a post, and a Party needs or would like to delete it, the Party must capture a clear screenshot (for images) or screen recording (for videos) of the Instagram Post and all comments on the Instagram Post being deleted, prior to deleting it. The Parties shall make sure that Instagram Stories are archived. Archiving may be achieved by ensuring that archiving is enabled through Instagrams settings. If archiving is enabled, after being posted for twenty-four (24) hours the Story will be archived automatically through Instagram.4 If an Instagram Story is posted and a Party needs or would like to remove the Instagram Story prior to being archived, which occurs after the full twenty-four (24) hours from posting, the Party deleting the Instagram Story shall capture a clear screen recording of the Instagram Story and any comments on it prior to deleting it. The Parties shall make sure that Instagram live videos are archived. Archiving may be achieved by ensuring that archiving is enabled through Instagrams settings. However, live videos are only archived for thirty (30) days. As such, any live videos must also be screen-recorded and saved and as further set forth in this Stipulation. Should Instagram, Pinterest, or TikTok modify, change or disable any of the functionality addressed herein, the Parties shall take reasonable steps to preserve all impacted content that is covered by this Stipulation and Order and promptly meet and confer to reach an alternative preservation mechanism. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/13/21) (yv) (Entered: 09/13/2021) |
| 239 | Sep 13, 2021 | Request | ORDER of USCA (Certified Copy) as to 128 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman, 177 Amended Notice of Appeal filed by Hayley Paige Gutman USCA Case Number 21-870. Appellant filed an emergency motion seeking a stay of Paragraph 3(b) of the district court's preliminary injunction order, pending determination of this appeal. Appellee opposes the motion. To the extent Appellant seeks an immediate stay pending determination of the motion for a stay pending appeal by a three-judge panel, that request is DENIED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/13/2021..(nd) (Entered: 09/14/2021) |
| 240 | Sep 17, 2021 | Request | JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Tiffany M. Cooke dated September 17, 2021. Document filed by Conrad Louis Clevlen, Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 09/17/2021) |
| 241 | Sep 20, 2021 | Request | ORDER granting 240 Letter Motion for Leave to File Excess Pages. The foregoing requests for page extensions are granted. Dkt. entry no. 240 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/20/2021) (va) (Entered: 09/20/2021) |
| 242 | Sep 22, 2021 | Request | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees Pursuant to Hon. Judge Swain's 9/8/21 Order [Dkt. No. 234]. Document filed by JLM Couture, Inc...(Matz, Sarah) Modified on 9/30/2021 (ldi). (Entered: 09/22/2021) |
| 243 | Sep 22, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Support re: 242 MOTION for Attorney Fees Pursuant to Hon. Judge Swain's 9/8/21 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 - Invoices, # 2 Exhibit 2 - Motion to Stay).(Matz, Sarah) (Entered: 09/22/2021) |
| 244 | Sep 22, 2021 | Request | DECLARATION of Michelle C. Malone in Support re: 242 MOTION for Attorney Fees Pursuant to Hon. Judge Swain's 9/8/21 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 09/22/2021) |
| 245 | Sep 22, 2021 | Request | DECLARATION of David M. Marcus in Support re: 242 MOTION for Attorney Fees Pursuant to Hon. Judge Swain's 9/8/21 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 09/22/2021) |
| 246 | Sep 27, 2021 | Request | PROPOSED STIPULATION AND ORDER. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 09/27/2021) |
| 247 | Sep 27, 2021 | View | MOTION to Dismiss Second Amended Complaint. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 09/27/2021) |
| 248 | Sep 27, 2021 | View | DECLARATION of Hayley Paige Gutman in Support re: 247 MOTION to Dismiss Second Amended Complaint.. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A).(Rochford, Richard) (Entered: 09/27/2021) |
| 249 | Sep 27, 2021 | View | MEMORANDUM OF LAW in Support re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 09/27/2021) |
| 250 | Sep 27, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc., Joseph L. Murphy. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 09/27/2021) |
| 251 | Sep 27, 2021 | Request | MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 09/27/2021) |
| 252 | Sep 27, 2021 | Request | MEMORANDUM OF LAW in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 09/27/2021) |
| 253 | Sep 27, 2021 | Request | DECLARATION of Joseph L. Murphy in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman.. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit Ex. 1 Contract_redacted, # 2 Exhibit Ex. 2 Contract_redacted, # 3 Exhibit Ex. 3 Contract_sealed, # 4 Exhibit Ex. 4. Paystub_sealed, # 5 Exhibit Ex. 5 Paystub_sealed, # 6 Exhibit Ex. 6 Excerpt from employee handbook, # 7 Exhibit Ex. 7 Excerpt from employee handbook, # 8 Exhibit Ex. 8 US Department of Labor Notice, # 9 Exhibit Ex. 13 Contract renewal_redacted, # 10 Exhibit Ex. 14 Letter_redacted).(Marcus, David) (Entered: 09/27/2021) |
| 254 | Sep 27, 2021 | Request | DECLARATION of Sarah M. Matz in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman.. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit Ex. 9 Image, # 2 Exhibit Ex. 10 Image, # 3 Exhibit Ex. 11 Terms of Use, # 4 Exhibit Ex. 12 Email, # 5 Exhibit Ex. 15 Email).(Marcus, David) (Entered: 09/27/2021) |
| 255 | Sep 27, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by Joseph L. Murphy, JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 09/27/2021) |
| 256 | Sep 27, 2021 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman.. Document filed by Joseph L. Murphy, JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. (Attachments: # 1 Exhibit Ex 1 Contract with highlights, # 2 Exhibit Ex. 2 Contract with highlights, # 3 Exhibit Ex. 3 Contract, # 4 Exhibit Ex. 4 Pay Stubs, # 5 Exhibit Ex. 5 Pay Stubs, # 6 Exhibit Ex. 13 Contract Renewal with highlights, # 7 Exhibit Ex. 14 Letter with highlights)Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 09/27/2021) |
| 257 | Sep 27, 2021 | Request | STIPULATION OF DISMISSAL OF COUNTERCLAIM, WITHOUT PREJUDICE, PURSUANT TO FED.R. CIV. P. RULES 41(a)(1)(A)(ii) AND 41(c): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for plaintiff/counterclaim defendant JLM Couture, Inc. ("JLM") and third-party defendant Joseph L. Murphy ( collectively the "JLM Parties") and defendant/counterclaim plaintiff Hayley Paige Gutman ("Gutman") and defendant Conrad Louis Clevlen ( collectively "Defendants") that Gutman's Counterclaim 19 against JLM for conversion, in its Counterclaims and Third-Party Claims, dated August 13, 2021 ([unredacted at Dkt No.227]), is voluntarily dismissed, without prejudice. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/21) (yv) (Entered: 09/28/2021) |
| Sep 30, 2021 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sarah Michal Matz to RE-FILE Document 242 MOTION for Attorney Fees Pursuant to Hon. Judge Swain's 9/8/21 Order [Dkt. No. 234]. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: Please file a Motion first, then re-file the Memorandum of Law in Support and link to that motion. (ldi) (Entered: 09/30/2021) | ||
| 258 | Oct 1, 2021 | Request | MOTION to Dismiss Second Amended Complaint. Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 10/01/2021) |
| 259 | Oct 1, 2021 | Request | DECLARATION of Conrad Louis Clevlen in Support re: 258 MOTION to Dismiss Second Amended Complaint.. Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 10/01/2021) |
| 260 | Oct 1, 2021 | View | MEMORANDUM OF LAW in Support re: 258 MOTION to Dismiss Second Amended Complaint. . Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 10/01/2021) |
| 261 | Oct 1, 2021 | Request | MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234]. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/01/2021) |
| 262 | Oct 1, 2021 | Request | MEMORANDUM OF LAW in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234]. . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/01/2021) |
| 263 | Oct 1, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 - Invoices, # 2 Exhibit 2 - Motion to Stay).(Matz, Sarah) (Entered: 10/01/2021) |
| 264 | Oct 1, 2021 | Request | DECLARATION of Michelle C. Malone in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/01/2021) |
| 265 | Oct 1, 2021 | Request | DECLARATION of David M. Marcus in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/01/2021) |
| 266 | Oct 1, 2021 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated October 1, 2021 re: Re-filing of Motion for Attorneys' Fees & Costs. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/01/2021) |
| Oct 6, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 10/6/2021. Attorney Sarah Matz appeared on behalf of Plaintiff. Attorneys Tiffany Cook and Joseph Lawlor appeared on behalf of Defendants. (ne) (Entered: 10/06/2021) | ||
| 267 | Oct 6, 2021 | Request | SCHEDULING ORDER: Pursuant to the Telephone Discovery Status Conference held today, October 6, 2021, the Court will revisit the discovery schedule in this action after the Second Circuit hears oral argument in JLM Couture Inc. v. Gutman, No. 21-870, on October 25, 2021 ("Oral Argument"). Accordingly, a Telephone Discovery Status Conference is scheduled for Tuesday, November 23, 2021 at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties may, but are not required, to submit a joint status letter, no more than three pages in length, by Tuesday, November 16, 2021. The parties shall order and file with the Court the Oral Argument transcript on an expedited basis. SO ORDERED. Telephone Conference set for 11/23/2021 at 10:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 10/6/2021) (vfr) (Entered: 10/06/2021) |
| 268 | Oct 6, 2021 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Richard D. Rochford dated October 6, 2021. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 10/06/2021) |
| 269 | Oct 6, 2021 | Request | ***EX-PARTE***DECLARATION of Hayley Paige Gutman in Opposition re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234].. Document filed by Hayley Paige Gutman. Motion or Order to File Under Seal: 268 .(Rochford, Richard) (Entered: 10/06/2021) |
| 270 | Oct 6, 2021 | Request | MEMORANDUM OF LAW in Opposition re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234]. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 10/06/2021) |
| 271 | Oct 7, 2021 | Request | ORDER with respect to 268 Letter Motion to Seal. The Court finds that counsel has not put forth a sufficient basis for ex parte treatment of Ms. Gutman's declaration, submitted in support of her opposition to Plaintiffs application for attorneys' fees and costs. In light of Ms. Gutman's concerns about the privacy of her finances, the Court grants Ms. Gutman an opportunity, until 5:00pm on October 8, 2021, to withdraw her request that the Court consider her ex parte declaration in connection with the pending fees application, and the associated motion for ex parte filing of her declaration. So Ordered. (Signed by Judge Laura Taylor Swain on 10/7/2021) (js) (Entered: 10/07/2021) |
| 272 | Oct 8, 2021 | Request | NOTICE OF INTERLOCUTORY APPEAL from 234 Memorandum & Opinion,,,,,,,,. Document filed by Hayley Paige Gutman. Filing fee $ 505.00, receipt number ANYSDC-25172277. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Rochford, Richard) (Entered: 10/08/2021) |
| Oct 8, 2021 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 272 Notice of Interlocutory Appeal,..(nd) (Entered: 10/08/2021) | ||
| Oct 8, 2021 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 272 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman were transmitted to the U.S. Court of Appeals..(nd) (Entered: 10/08/2021) | ||
| 273 | Oct 8, 2021 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Richard D. Rochford dated October 8, 2021. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A).(Rochford, Richard) (Entered: 10/08/2021) |
| 274 | Oct 8, 2021 | Request | ***SELECTED PARTIES*** LETTER addressed to Judge Laura Taylor Swain from Tiffany M. Cooke dated October 8, 2021 re: Motion to Seal Declaration. Document filed by Joseph L. Murphy, Hayley Paige Gutman, JLM Couture, Inc., Conrad Louis Clevlen. (Attachments: # 1 Exhibit B)Motion or Order to File Under Seal: 273 .(Cooke, Tiffany) (Entered: 10/08/2021) |
| 275 | Oct 13, 2021 | Request | ORDER granting 268 Letter Motion to Seal; granting 273 Letter Motion to Seal. The foregoing application to file the referenced unredacted document under seal with access limited to parties, and to file the redacted version on the public docket, is granted for the reasons set forth above. DE# 273 and 268 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/13/2021) (va) (Entered: 10/13/2021) |
| 276 | Oct 13, 2021 | Request | REPLY MEMORANDUM OF LAW in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234]. . Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 10/13/2021) |
| 277 | Oct 13, 2021 | Request | DECLARATION of Sarah M. Matz, Esq. in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234].. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit 1 - Reply Invoice, # 2 Exhibit 2- Rome Photos).(Matz, Sarah) (Entered: 10/13/2021) |
| 278 | Oct 13, 2021 | Request | ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 261 MOTION for Attorney Fees and Costs Pursuant to 9/8 Order [Dkt. No. 234]. . Document filed by JLM Couture, Inc.. Motion or Order to File Under Seal: 275 .(Matz, Sarah) (Entered: 10/13/2021) |
| 279 | Oct 13, 2021 | Request | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated October 13, 2021. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 10/13/2021) |
| 280 | Oct 13, 2021 | Request | DECLARATION of Sarah M. Matz in Support re: 279 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated October 13, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 1, Invoices_sealed).(Marcus, David) (Entered: 10/13/2021) |
| 281 | Oct 13, 2021 | Request | ***EX-PARTE***DECLARATION of Sarah M. Matz in Support re: 279 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated October 13, 2021.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 1, Time records with highlights)Motion or Order to File Under Seal: 279 .(Marcus, David) (Entered: 10/13/2021) |
| 282 | Oct 25, 2021 | Request | JOINT LETTER MOTION for Leave to File Excess Pages for Oppositions to Motions to Dismiss addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. and Tiffany M. Cooke, Esq. dated October 25, 2021. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 10/25/2021) |
| 283 | Oct 26, 2021 | Request | ORDER granting 282 Letter Motion for Leave to File Excess Pages. The foregoing extension requests are granted. DE #282 resolved. SO ORDERED.. (Signed by Judge Laura Taylor Swain on 10/26/2021) (kv) (Entered: 10/26/2021) |
| 284 | Nov 5, 2021 | Request | LETTER MOTION for Extension of Time for JLM to oppose the motion of Defendant Conrad Clevlen to dismiss and the time for Conrad Clevlen to file his reply addressed to Magistrate Judge Sarah L. Cave from David Marcus dated November 5, 2021. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 11/05/2021) |
| 285 | Nov 8, 2021 | Request | ORDER granting 284 Letter Motion for Extension of Time. Plaintiff's letter-motion requesting an extension of the briefing schedule for Defendant Conrad Clevlen's Motion to Dismiss (ECF No. 284) is GRANTED, and the proposed briefing schedule set forth by the parties in ECF No. 284 is ADOPTED. The Clerk of Court is respectfully directed to close ECF No. 284. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/8/2021) (tg) (Entered: 11/08/2021) |
| Nov 8, 2021 | Set/Reset Deadlines: Responses due by 11/19/2021 Replies due by 12/20/2021. (tg) (Entered: 11/08/2021) | ||
| 286 | Nov 8, 2021 | Request | DECLARATION of Hayley Paige Gutman in Opposition re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman.. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 11/08/2021) |
| 287 | Nov 8, 2021 | View | MEMORANDUM OF LAW in Opposition re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 11/08/2021) |
| 288 | Nov 8, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc., Joseph L. Murphy. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 11/08/2021) |
| 289 | Nov 8, 2021 | Request | MEMORANDUM OF LAW in Opposition re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 11/08/2021) |
| 290 | Nov 8, 2021 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman, Joseph L. Murphy. Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 11/08/2021) |
| 291 | Nov 19, 2021 | Request | NOTICE OF APPEARANCE by Michelle Christine Malone on behalf of JLM Couture, Inc., Joseph L. Murphy..(Malone, Michelle) (Entered: 11/19/2021) |
| 292 | Nov 19, 2021 | Request | MEMORANDUM OF LAW in Opposition re: 258 MOTION to Dismiss Second Amended Complaint. . Document filed by JLM Couture, Inc...(Malone, Michelle) (Entered: 11/19/2021) |
| 293 | Nov 19, 2021 | Request | DECLARATION of Michelle C. Malone, Esq. in Opposition re: 258 MOTION to Dismiss Second Amended Complaint.. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit A - NY PJ, # 2 Exhibit B - CLC Website, # 3 Exhibit B-1 - CLC Website, # 4 Exhibit C - ATG Podcast, # 5 Exhibit C-1 - Audio Slipsheet, # 6 Exhibit D - Promotions, # 7 Exhibit E - Email).(Malone, Michelle) (Entered: 11/19/2021) |
| 294 | Nov 22, 2021 | Request | JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Tiffany M. Cooke dated November 22, 2021. Document filed by Hayley Paige Gutman..(Cooke, Tiffany) (Entered: 11/22/2021) |
| Nov 23, 2021 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 11/23/2021. Attorneys Sarah Matz and Michelle Malone appeared on behalf of Plaintiff. Attorneys Tiffany Cook and Joseph Lawlor appeared on behalf of Defendants. Pursuant to today's Telephone Discovery Status Conference, the parties shall file a joint status report within seven days of a decision by the Second Circuit in JLM Couture Inc. v. Gutman, No. 21-870. The joint status report shall advise: (i) whether the Court should schedule a discovery conference to set a case management plan and discovery schedule; and (ii) whether the parties would like a settlement conference with the Court or will pursue private mediation. (ne) (Entered: 11/23/2021) | ||
| 295 | Nov 23, 2021 | Request | ORDER granting 294 Letter Motion for Leave to File Excess Pages. The foregoing extension requests are granted. DKT. No. 294 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/23/2021) (js) (Entered: 11/23/2021) |
| 296 | Nov 29, 2021 | Request | LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. and Tiffany M. Cooke, Esq. dated November 29, 2021. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 11/29/2021) |
| 297 | Nov 30, 2021 | Request | ORDER granting 296 Letter Motion for Extension of Time. The parties' joint letter-motion requesting an extension of the reply deadlines for JLM Couture, Inc. and Hayley Paige Gutman (ECF No. 296) is GRANTED, and the proposed amended deadlines are ADOPTED. The Clerk of Court is respectfully directed to close ECF No. 296. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/30/2021) (vfr) (Entered: 11/30/2021) |
| Nov 30, 2021 | Set/Reset Deadlines: Replies due by 12/20/2021. (vfr) (Entered: 11/30/2021) | ||
| 298 | Dec 16, 2021 | Request | LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Tiffany M. Cooke dated December 16, 2021. Document filed by Conrad Louis Clevlen..(Cooke, Tiffany) (Entered: 12/16/2021) |
| 299 | Dec 16, 2021 | Request | ORDER granting 298 Letter Motion for Leave to File Excess Pages The foregoing request is granted. Dkt. No. 298 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/16/2021) (js) (Entered: 12/16/2021) |
| 300 | Dec 20, 2021 | Request | DECLARATION of Conrad Louis Clevlen in Support re: 258 MOTION to Dismiss Second Amended Complaint.. Document filed by Conrad Louis Clevlen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L).(Rochford, Richard) (Entered: 12/20/2021) |
| 301 | Dec 20, 2021 | Request | REPLY MEMORANDUM OF LAW in Support re: 258 MOTION to Dismiss Second Amended Complaint. . Document filed by Conrad Louis Clevlen..(Rochford, Richard) (Entered: 12/20/2021) |
| 302 | Dec 20, 2021 | View | REPLY MEMORANDUM OF LAW in Support re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 12/20/2021) |
| 303 | Dec 20, 2021 | Request | ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 247 MOTION to Dismiss Second Amended Complaint. . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc., Joseph L. Murphy. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 12/20/2021) |
| 304 | Dec 20, 2021 | Request | REPLY MEMORANDUM OF LAW in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 12/20/2021) |
| 305 | Dec 20, 2021 | Request | ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 251 MOTION to Dismiss the Amended Counterclaims and Third-Party Claims of Hayley Paige Gutman. . Document filed by Joseph L. Murphy, JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 12/20/2021) |
| 306 | Jan 7, 2022 | Request | LETTER MOTION to Seal Exhibits to the Second Amended Complaint addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 7, 2022. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 01/07/2022) |
| 307 | Jan 7, 2022 | Request | DECLARATION of Joseph L. Murphy in Support re: 306 LETTER MOTION to Seal Exhibits to the Second Amended Complaint addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 7, 2022.. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit 1 - Spreadsheet Slipsheet, # 2 Exhibit 2- Spreadsheet Slipsheet, # 3 Exhibit SAC - Redacted).(Matz, Sarah) (Entered: 01/07/2022) |
| 308 | Jan 7, 2022 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 306 LETTER MOTION to Seal Exhibits to the Second Amended Complaint addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 7, 2022.. Document filed by Joseph L. Murphy, JLM Couture, Inc., Hayley Paige Gutman. (Attachments: # 1 Exhibit 1 - Spreadsheet, # 2 Exhibit 2 - Spreadsheet, # 3 Exhibit SAC - Highlighted)Motion or Order to File Under Seal: 306 .(Matz, Sarah) (Entered: 01/07/2022) |
| 309 | Jan 7, 2022 | Request | MOTION for Michelle C. Malone to Withdraw as Attorney . Document filed by JLM Couture, Inc., Joseph L. Murphy..(Matz, Sarah) (Entered: 01/07/2022) |
| 310 | Jan 7, 2022 | Request | DECLARATION of Michelle C. Malone in Support re: 309 MOTION for Michelle C. Malone to Withdraw as Attorney .. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Text of Proposed Order re Withdrawal of Michelle C. Malone).(Matz, Sarah) (Entered: 01/07/2022) |
| 311 | Jan 10, 2022 | Request | ORDER granting 306 LETTER MOTION to Seal Exhibits to the Second Amended Complaint. Plaintiff JLM Couture, Inc.'s ("JLM") letter-motion to seal (ECF No. 306) is GRANTED. The Clerk of Court is respectfully directed to: (i) limit access to JLM's filing at ECF No. 308 to Court users and the case participants; and (ii) close ECF No. 306. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/10/2022) (jca) (Entered: 01/10/2022) |
| 312 | Jan 10, 2022 | Request | ORDER granting 309 Motion to Withdraw as Attorney. IT IS on this 10th day of January, 2022, ORDERED that Michelle C. Malone is hereby withdrawn as attorney of record for the JLM Parties; and it is further ORDERED that pursuant to Local Rule 1.4, the JLM Parties, counsel of record, Adelman Matz P.C., shall serve the motion and its supporting papers and this Order upon the client and all other parties in this matter; and it is further ORDERED that the Clerk of the Court shall terminate Michelle C. Malone as counsel of record for the JLM Parties and shall terminate her notice of Electronic Filing for this action. The Clerk of Court is respectfully directed to close ECF No. 309. IT IS SO ORDERED. ( Attorney Michelle Christine Malone terminated.) (Signed by Magistrate Judge Sarah L Cave on 1/10/22) (yv) (Entered: 01/10/2022) |
| 313 | Jan 13, 2022 | Request | CERTIFICATE OF SERVICE of Order and Motion [ [Dkt Nos. 309, 310, 310-1] served on Joseph L. Murphy (individually and on behalf of JLM Couture), and Tiffany Cooke, Esq., Joseph Lawlor, Esq., and Richard Rochford, Esq.. (attorneys for Hayley Paige Gutman and Conrad Clevlen) on January 11, 2022. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 01/13/2022) |
| 314 | Jan 25, 2022 | Request | USCA OPINION (Certified) as to 128 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman, 177 Amended Notice of Appeal filed by Hayley Paige Gutman USCA Case Number 21-870. Gutman signed away several of her rights to JLM, but she never forfeited her right to keep property that is legally hers. The district court may well determine that some or all of the Disputed Accounts do not belong to Gutman, or that additional relief is nevertheless appropriate. But absent such determinations, JLM may not assert exclusive dominion over accounts Gutman controlled at the time suit commenced. For the reasons set forth above, we VACATE paragraphs 1 and 2 of the PI, as well as the paragraph ordering Gutman to provide JLM with control of the Disputed Accounts; AFFIRM the remainder of the PI; and REMAND the case for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 1/25/2022. (Attachments: # 1 Concurring and dissenting by Judge Newman, # 2 Concurring and dissenting by Judge Lynch).(nd) (Entered: 01/25/2022) |
| Jan 25, 2022 | Transmission of USCA Opinion to the District Judge re: 314 USCA Opinion..(nd) (Entered: 01/25/2022) | ||
| 315 | Jan 25, 2022 | View | EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Rochford, Richard) (Entered: 01/25/2022) |
| 316 | Jan 27, 2022 | View | LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 27, 2022 re: 315 EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . . Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 1, Filed under seal pursuant to prior Court order.).(Marcus, David) (Entered: 01/27/2022) |
| 317 | Jan 27, 2022 | Request | ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated January 27, 2022 re: 315 EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . . Document filed by JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. (Attachments: # 1 Exhibit Ex. 1, Screenshots)Motion or Order to File Under Seal: 68 .(Marcus, David) (Entered: 01/27/2022) |
| 318 | Jan 27, 2022 | View | LETTER REPLY to Response to Motion addressed to Judge Laura Taylor Swain from Richard D. Rochford dated January 27, 2022 re: 315 EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 01/27/2022) |
| 319 | Jan 27, 2022 | View | ORDER with respect to 315 Motion re: 315 EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . The Court has received Defendant's letter motion for urgent relief (docket entryno. 315), and Plaintiff's response. (Docket entry no. 316.) The parties are hereby directed to meet and confer and file a joint status report by February 2, 2022, as to their proposed next steps in this action, including their views as to the effect of Rule 41 of the Federal Rules of Appellate Procedure on this Court's authority to take any requested action. So Ordered. (Signed by Judge Laura Taylor Swain on 1/27/2022) (js) (Entered: 01/27/2022) |
| 320 | Feb 1, 2022 | Request | LETTER MOTION for Extension of Time to file a joint status report addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated February 1, 2022. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 02/01/2022) |
| 321 | Feb 1, 2022 | Request | ORDER granting 320 Letter Motion for Extension of Time. The parties' joint letter-motion requesting an extension to file a joint status report (ECF No. 320) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 320. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/1/2022) (vfr) (Entered: 02/01/2022) |
| 322 | Feb 2, 2022 | Request | JOINT LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated February 2, 2022 re: The Parties Joint Status Report Pursuant to the Court's Order dated January 27, 2022 [Dkt No. 319]. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 02/02/2022) |
| 323 | Feb 4, 2022 | Request | ORDER: The Court thanks the parties for their joint status report, see docket entry no. 322, which the Court has reviewed thoroughly. The Court finds that it lacks jurisdiction to modify the Preliminary Injunction Order prior to the issuance of a mandate effectuating the Second Circuits January 25, 2022, decision and returning the matter to this Court. The Court expects to provide further guidance to the parties in advance of the issuance of the mandate. So Ordered. (Signed by Judge Laura Taylor Swain on 2/4/2022) (js) (Entered: 02/04/2022) |
| 324 | Feb 8, 2022 | Request | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated February 8, 2022 re: Joint Status Report pursuant to the Court's November 23, 2021 directive. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 02/08/2022) |
| 325 | Feb 9, 2022 | Request | MEMO ENDORSEMENT: on re: 324 Letter filed by JLM Couture, Inc., Joseph L. Murphy. ENDORSEMENT: The applications within Plaintiff's status report (ECF No. 324) are GRANTED. The parties shall file a further status report by March 29, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/09/2022) (ama) (Entered: 02/09/2022) |
| 326 | Feb 14, 2022 | Request | MEMORANDUM OPINION AND ORDER MODIFYING PRELIMINARY INJUNCTION: re: 315 EMERGENCY MOTION Order to enforce the Second Circuits Judgment re: 314 USCA Order,,,, . filed by Hayley Paige Gutman. For the foregoing reasons, and those set forth in the Courts previous Preliminary Injunction Order, effective immediately after Second Circuit's issuance of the mandate in respect of its January 25, 2022, decision, the vacated provisions of the Preliminary Injunction Order are reinstated and modified to read in their entirety as follows: During the pendency of this action, Ms. Gutman, along with her officers, agents, servants, employees, and attorneys and all other persons who are in active concert or participation with her and them, are enjoined from taking any of the following actions: as further set forth in this order. This Memorandum Opinion and Order resolves all pending applications for relief in respect of the Second Circuit's decision. Any applications for further modifications of the Preliminary Injunction Order, and any other motion practice, shall be initiated and briefed in accordance with the applicable federal, local and individual practice rules. This case remains referred to Magistrate Judge Cave for general pretrial management. This Memorandum Opinion and Order resolves docket entry no. 315. So Ordered. (Signed by Judge Laura Taylor Swain on 2/14/2022) (js) (Entered: 02/14/2022) |
| 327 | Mar 3, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/03/2022) |
| 328 | Mar 3, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/03/2022) |
| 329 | Mar 3, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/03/2022) |
| 330 | Mar 3, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/03/2022) |
| 331 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 332 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 333 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 334 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 335 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 336 | Mar 4, 2022 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 326 Memorandum & Opinion. (sjo) (Entered: 03/04/2022) |
| 337 | Mar 10, 2022 | Request | SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/10/2022) |
| 338 | Mar 15, 2022 | Request | MANDATE of USCA (Certified Copy) as to 177 Amended Notice of Appeal filed by Hayley Paige Gutman, 128 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman. USCA Case Number 21-870. IT IS HEREBY ORDERED, ADJUDGED and DECREED that paragraphs 1 and 2 of the preliminary injunction, as well as the paragraph ordering Gutman to provide JLM with control of the disputed accounts are VACATED; the remainder of the preliminary injunction is AFFIRMED, and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/15/2022. (Attachments: # 1 Opinion, # 2 GERARD E. LYNCH, Circuit Judge, concurring in part and dissenting in part, # 3 Jon O. Newman, Circuit Judge, concurring in part and dissenting in part).(nd) (Entered: 03/15/2022) |
| Mar 15, 2022 | Transmission of USCA Mandate to the District Judge re: 338 USCA Mandate,,,..(nd) (Entered: 03/15/2022) | ||
| 339 | Mar 16, 2022 | Request | NOTICE OF INTERLOCUTORY APPEAL from 326 Memorandum & Opinion,,,,,. Document filed by Hayley Paige Gutman. Filing fee $ 505.00, receipt number ANYSDC-25871099. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Lawlor, Joseph) (Entered: 03/16/2022) |
| Mar 16, 2022 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 339 Notice of Interlocutory Appeal,..(nd) (Entered: 03/16/2022) | ||
| Mar 16, 2022 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 339 Notice of Interlocutory Appeal, filed by Hayley Paige Gutman were transmitted to the U.S. Court of Appeals..(nd) (Entered: 03/16/2022) | ||
| 340 | Mar 29, 2022 | Request | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Joseph Lawlor (and all counsel) dated March 29, 2022 re: Status Update and Discovery Conference. Document filed by Hayley Paige Gutman..(Lawlor, Joseph) (Entered: 03/29/2022) |
| 341 | Mar 30, 2022 | Request | MEMO ENDORSEMENT on re: 340 Letter Status Update and Discovery Conference filed by Hayley Paige Gutman. ENDORSEMENT: A Telephone Discovery Conference is scheduled April 19, 2022 at 12:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By 5:00 pm on Friday, April 15, 2022, the parties shall file a Proposed Case Management Plan. SO ORDERED., ( Telephone Conference set for 4/19/2022 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/30/22) (yv) (Entered: 03/30/2022) |
| 342 | Apr 15, 2022 | Request | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 04/15/2022) |
| 343 | Apr 19, 2022 | Request | REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: In accordance with Federal Rule of Civil Procedure 26(f) and Judge Cave's Individual Practices, the parties met on April 13 and 14, 2022 (at least one week before the Initial Case Management Conference). The parties now submit the following report for the Court's consideration: As further set forth by this Order. The parties have discussed the possibility of settlement and have engaged in private mediation and mediation with the Second Circuit CAMP mediator. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. A Telephone Conference is scheduled for Wednesday, July 20, 2022 at 11:00 am on the Court's conference line. The parties are directed to call: (866)390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Amended Pleadings due by 7/15/2022. Deposition due by 10/19/2022. Fact Discovery due by 10/19/2022. Expert Discovery due by 2/19/2023. Estimate length of trial 10-15 days. Telephone Conference set for 7/20/2022 at 11:00 AM before Magistrate Judge Sarah L Cave. Ready for Trial by 6/19/2023. (Signed by Magistrate Judge Sarah L Cave on 4/19/2022) (tg) (Entered: 04/19/2022) |
| Apr 19, 2022 | Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/19/2022. Attorney Sarah Michal Matz appeared on behalf of Plaintiff. Attorney Joseph Craig Lawlor appeared on behalf of Defendants. (ne) (Entered: 04/19/2022) | ||
| 344 | May 5, 2022 | Request | ORDER: The Court hereby directs the parties to meet and confer and propose a briefing schedule, by May 13, 2022, for any Preliminary Injunction motion practice seeking relief including, but not limited to, modification of the current Preliminary Injunction, in connection with the upcoming August 1, 2022, termination date of provisions included in the parties Employment Agreement. The proposed schedule must provide for completed briefing by June 30, 2022. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/5/2022) (vfr) (Entered: 05/05/2022) |
| 345 | May 12, 2022 | Request | FIRST LETTER MOTION for Extension of Time to File Proposed ESI Order addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz, Esq. dated May 12, 2022. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Golden, Barry) (Entered: 05/12/2022) |
| 346 | May 13, 2022 | Request | ORDER granting 345 Letter Motion for Extension of Time to File. The Parties' letter-motion seeking an extension of time to file a proposed ESI Order (ECF No. 345) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 345. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/13/22) (yv) (Entered: 05/13/2022) |
| 347 | May 13, 2022 | Request | JOINT LETTER addressed to Judge Laura Taylor Swain from Joseph Lawlor dated May 13, 2022 re: Briefing Schedule Pursuant to Court's May 5, 2022 Order. Document filed by Hayley Paige Gutman..(Lawlor, Joseph) (Entered: 05/13/2022) |
| 348 | May 13, 2022 | Request | MEMO ENDORSEMENT on re: 347 Letter filed by Hayley Paige Gutman. ENDORSEMENT: The proposed schedule is approved. SO ORDERED. (Brief due by 6/10/2022., Reply to Response to Brief due by 6/30/2022., Responses to Brief due by 6/24/2022) (Signed by Judge Laura Taylor Swain on 5/13/2022) (kv) (Entered: 05/13/2022) |
| 349 | Jun 7, 2022 | Request | JOINT LETTER MOTION for Leave to File Excess Pages for the parties' initial memoranda of law to modify the PI Order and their memoranda of law in opposition, from 25 pages to 35 pages addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated June 7, 2022. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 06/07/2022) |
| 350 | Jun 8, 2022 | Request | ORDER granting 349 Letter Motion for Leave to File Excess Pages. The foregoing extension requests are granted. Dkt. no. 349 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/8/2022) (vfr) (Entered: 06/08/2022) |
| 351 | Jun 10, 2022 | Request | NOTICE of Motion. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/10/2022) |
| 352 | Jun 10, 2022 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support FOR MODIFICATION OF THE PRELIMINARY INJUNCTION. Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 06/10/2022) |
| 353 | Jun 10, 2022 | Request | ***SELECTED PARTIES***DECLARATION of HAYLEY PAIGE GUTMAN in Support re: 352 Memorandum of Law in Support, 351 Notice (Other). Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 06/10/2022) |
| 354 | Jun 10, 2022 | Request | DECLARATION of ELYSE GILREATH re: 351 Notice (Other), 352 Memorandum of Law in Support, . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/10/2022) |
| 355 | Jun 10, 2022 | Request | MEMORANDUM OF LAW in Support re: 352 Memorandum of Law in Support, . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/10/2022) |
| 356 | Jun 10, 2022 | Request | DECLARATION of HAYLEY PAIGE GUTMAN in Support re: 353 Declaration in Support,. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Rochford, Richard) (Entered: 06/10/2022) |
| 357 | Jun 10, 2022 | Request | MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order). Document filed by JLM Couture, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Marcus, David) (Entered: 06/10/2022) |
| 358 | Jun 10, 2022 | Request | MEMORANDUM OF LAW in Support re: 357 MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order). . Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 06/10/2022) |
| 359 | Jun 10, 2022 | Request | DECLARATION of Joseph Murphy in Support re: 357 MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order).. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. 1 Email, # 2 Exhibit Ex. 2 Email, # 3 Exhibit Ex. 3 Email, # 4 Exhibit Ex. 4 Email, # 5 Exhibit Ex. 5 Email, # 6 Exhibit Ex. 6 Email, # 7 Exhibit Ex. 7 Email, # 8 Exhibit Ex. 8 Email, # 9 Exhibit Ex. 9 Email, # 10 Exhibit Ex. 10 Email, # 11 Exhibit Ex. 11 Email, # 12 Exhibit Ex. 12 Email, # 13 Exhibit Ex. 13 Email, # 14 Exhibit Ex. 14 Email, # 15 Exhibit Ex. 15 Email, # 16 Exhibit Ex. 16 Email, # 17 Exhibit Ex. 17 Email, # 18 Exhibit Ex. 18 Email, # 19 Exhibit Ex. 19 Email, # 20 Exhibit Ex. 20 Email, # 21 Exhibit Ex. 21 Email, # 22 Exhibit Ex. 22 Email, # 23 Exhibit Ex. 23 Email, # 24 Exhibit Ex. 24 Email, # 25 Exhibit Ex. 25 Email_Redacted, # 26 Exhibit Ex. 26 Email, # 27 Exhibit Ex. 27 Email, # 28 Exhibit Ex. 28 Email_Redacted, # 29 Exhibit Ex. 29 Email, # 30 Exhibit Ex. 30 Email, # 31 Exhibit Ex. 31 Email_Redacted, # 32 Exhibit Ex. 32 Email, # 33 Exhibit Ex. 33 Email, # 34 Exhibit Ex. 34 Email, # 35 Exhibit Ex. 35 Email, # 36 Exhibit Ex. 36_Redacted, # 37 Exhibit Ex. 37_Redacted, # 38 Exhibit Ex. 38 Email, # 39 Exhibit Ex. 39 Email, # 40 Exhibit Ex. 40 Email, # 41 Exhibit Ex. 41 Email, # 42 Exhibit Ex. 42 Email_Redacted, # 43 Exhibit Ex. 43 Email, # 44 Exhibit Ex. 44 Email, # 45 Exhibit Ex. 45 Email_Redacted, # 46 Exhibit Ex. 46 Email_Redacted, # 47 Exhibit Ex. 47 Email, # 48 Exhibit Ex, 48 Email, # 49 Exhibit Ex. 49 Email, # 50 Exhibit Ex. 50 Email, # 51 Exhibit Ex. 51 Email, # 52 Exhibit Ex. 52 Email, # 53 Exhibit Ex. 53 Email, # 54 Exhibit Ex. 54 Email_Redacted, # 55 Exhibit Ex. 55 Email, # 56 Exhibit Ex. 56 Email_Redacted, # 57 Exhibit Ex. 57 Email_Redacted, # 58 Exhibit Ex. 58 Email, # 59 Exhibit Ex. 59 Email, # 60 Exhibit Ex. 60 Email, # 61 Exhibit Ex. 61 Screenshot of DMs_sealed, # 62 Exhibit Ex. 62 Screenshot of DMs_sealed, # 63 Exhibit Ex. 63 Screenshot of DMs_sealed, # 64 Exhibit Ex. 64 Email_Redacted, # 65 Exhibit Ex. 65 Email_Redacted, # 66 Exhibit Ex. 66 Email_Redacted, # 67 Exhibit Ex. 67 Email, # 68 Exhibit Ex, 68 Email, # 69 Exhibit Ex, 69 Email_Redacted, # 70 Exhibit Ex, 70 Email, # 71 Exhibit Ex. 71 Screenshot of DMs_sealed, # 72 Exhibit Ex. 72 Screenshot of DMs_sealed, # 73 Exhibit Ex. 63 Social media Post, # 74 Exhibit Ex. 74 Email, # 75 Exhibit Ex. 75 Article/Story, # 76 Exhibit Ex. 76 Sketch, # 77 Exhibit Ex. 77 Sketches, # 78 Exhibit Ex. 78 Screenshot of Internet posts, # 79 Exhibit Ex. 79 Screenshot of DMs_sealed).(Marcus, David) (Entered: 06/10/2022) |
| 360 | Jun 10, 2022 | Request | DECLARATION of Sarah M. Matz in Support re: 357 MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order).. Document filed by JLM Couture, Inc.. (Attachments: # 1 Exhibit Ex. A_Video slipsheet, # 2 Exhibit Ex. A-1- Transcript, # 3 Exhibit Ex. B Comments, # 4 Exhibit Ex. C Insider article, # 5 Exhibit Ex. D Screenshots, # 6 Exhibit Ex. E Timeline, # 7 Exhibit Ex. F Contempt letter, # 8 Exhibit Ex. G Letter, # 9 Exhibit Ex. H Video slipsheet, # 10 Exhibit Ex. I Comments, # 11 Exhibit Ex. J Post, # 12 Exhibit Ex. K Designs, # 13 Exhibit Ex. L Posts, # 14 Exhibit Ex. M Screenshots, # 15 Exhibit Ex. N Screenshot, # 16 Exhibit Ex. O Posts, # 17 Exhibit Ex. P Screenshots, # 18 Exhibit Ex. Q Screenshot, # 19 Exhibit Ex. R Video Slipsheet, # 20 Exhibit Ex. R-1 Comments, # 21 Exhibit Ex. S - Video Slipsheet, # 22 Exhibit Ex. T - Transcript Excerpt, # 23 Exhibit Ex. U Internet posts).(Marcus, David) (Entered: 06/10/2022) |
| 361 | Jun 10, 2022 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Support re: 357 MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order).. Document filed by JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman, Joseph L. Murphy. (Attachments: # 1 Exhibit Ex. 25 Email_Highlighted, # 2 Exhibit Ex. 28 Email_Highlighted, # 3 Exhibit Ex. 31 Email Highlighted, # 4 Exhibit Ex. 36 Email Highlighted, # 5 Exhibit Ex. 37 Email Highlighted, # 6 Exhibit Ex. 42 Email Highlighted, # 7 Exhibit Ex. 45 Email Highlighted, # 8 Exhibit Ex. 46 Email Highlighted, # 9 Exhibit Ex. 54 Email Highlighted, # 10 Exhibit Ex. 55 Email Highlighted, # 11 Exhibit Ex. 57 Email Highlithted, # 12 Exhibit Ex. 61 DMs Sealed, # 13 Exhibit Ex. 62 DMs Sealed, # 14 Exhibit Ex. 63 DMs Sealed, # 15 Exhibit Ex. 64 Highlighted, # 16 Exhibit Ex. 65 Highlighted, # 17 Exhibit Ex. 66 Highlighted, # 18 Exhibit Ex. 69 Highlighted, # 19 Exhibit Ex. 71 DMs Sealed, # 20 Exhibit Ex. 72 DMs Sealed, # 21 Exhibit Ex. 79 DMs Sealed)Motion or Order to File Under Seal: 68 .(Marcus, David) (Entered: 06/10/2022) |
| 362 | Jun 10, 2022 | Request | CERTIFICATE OF SERVICE of Notice of Motion, Proposed Modified PI Order, Declaration of Joseph Murphy and Declaration of Sarah M. Matz served on Tiffany Cooke, Esq., Joseph Lawlor, Esq., Richard Rochford, Esq. and Bruce Menken, Esq.. (attorneys for Hayley Paige Gutman and Conrad Clevlen) on June 10, 2022. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 06/10/2022) |
| 363 | Jun 10, 2022 | Request | CERTIFICATE OF SERVICE of Memorandum of Law served on Tiffany Cooke, Esq., Joseph Lawlor, Esq., Richard Rochford, Esq. and Bruce Menken, Esq.. (attorneys for Hayley Paige Gutman and Conrad Clevlen) on June 10, 2022. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 06/10/2022) |
| 364 | Jun 14, 2022 | Request | LETTER addressed to Judge Laura Taylor Swain from Sarah M. Matz, Esq. dated June 14, 2022 re: re: the submittal of exhibits, consisting of videos on a CD-ROM, in support of Plaintiff's motion to modify the PI Order. Document filed by JLM Couture, Inc...(Marcus, David) (Entered: 06/14/2022) |
| 365 | Jun 21, 2022 | Request | SECOND LETTER MOTION for Extension of Time to File Proposed ESI Order addressed to Magistrate Judge Sarah L. Cave from Sarah M. Matz and Joe Lawlor dated June 20, 2022. Document filed by JLM Couture, Inc...(Matz, Sarah) (Entered: 06/21/2022) |
| 366 | Jun 21, 2022 | Request | PROPOSED LETTER addressed to Judge Laura Taylor Swain from Joseph Lawlor dated June 21, 2022 re: Request that the attached Exhibit 8 be accepted as an exhibit to the Declaration of Hayley Paige Gutman in Support of Motion for Modification of the Preliminary Injunction (Declaration) filed on June 10, 2022 (No. 356).. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 8-Email exchange with the leasing agent of an apartment complex).(Lawlor, Joseph) (Entered: 06/21/2022) |
| 367 | Jun 22, 2022 | Request | ORDER granting 365 Letter Motion for Extension of Time to File. The Parties' letter-motion seeking an extension of time to file a proposed ESI Order (ECF No. 365) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 365. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/22/2022) (tg) (Entered: 06/22/2022) |
| 368 | Jun 24, 2022 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 357 MOTION for Preliminary Injunction (for modification of the Preliminary Injunction Order). . Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 06/24/2022) |
| 369 | Jun 24, 2022 | Request | MEMORANDUM OF LAW in Opposition re: 368 Memorandum of Law in Opposition, . Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/24/2022) |
| 370 | Jun 24, 2022 | Request | ***SELECTED PARTIES***DECLARATION of HAYLEY PAIGE GUTMAN in Opposition. Document filed by Hayley Paige Gutman, Conrad Louis Clevlen, JLM Couture, Inc.. Motion or Order to File Under Seal: 20 .(Rochford, Richard) (Entered: 06/24/2022) |
| 371 | Jun 24, 2022 | Request | DECLARATION of HAYLEY PAIGE GUTMAN in Opposition. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-A, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 2-B).(Rochford, Richard) (Entered: 06/24/2022) |
| 372 | Jun 24, 2022 | Request | DECLARATION of JENNIFER KIENZLE in Opposition. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/24/2022) |
| 373 | Jun 24, 2022 | Request | DECLARATION of TRACY PONEC in Opposition. Document filed by Hayley Paige Gutman..(Rochford, Richard) (Entered: 06/24/2022) |
| 374 | Jun 24, 2022 | Request | DECLARATION of JESSICA BROWN in Opposition. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1).(Rochford, Richard) (Entered: 06/24/2022) |
| 375 | Jun 24, 2022 | Request | DECLARATION of CASSIDY OZOWARA in Opposition. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1).(Rochford, Richard) (Entered: 06/24/2022) |
| 376 | Jun 24, 2022 | Request | DECLARATION of ELYSE GILREATH in Opposition. Document filed by Hayley Paige Gutman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Rochford, Richard) (Entered: 06/24/2022) |
| 377 | Jun 24, 2022 | Request | MEMORANDUM OF LAW in Opposition re: 351 Notice (Other) Motion to Modify/Clarify PI by Defendant Hayley Paige Gutman. Document filed by JLM Couture, Inc., Joseph L. Murphy..(Marcus, David) (Entered: 06/24/2022) |
| 378 | Jun 24, 2022 | Request | DECLARATION of Joseph L. Murphy in Opposition re: 351 Notice (Other). Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit 1, Email_Redacted).(Marcus, David) (Entered: 06/24/2022) |
| 379 | Jun 24, 2022 | Request | DECLARATION of Sarah M. Matz in Opposition. Document filed by JLM Couture, Inc., Joseph L. Murphy. (Attachments: # 1 Exhibit Ex. 2 Order, # 2 Exhibit Ex. 3 Memo of Law, # 3 Exhibit Ex. 4 Memo of Law, # 4 Exhibit Ex. 5 Memo of Law, # 5 Exhibit Ex. 6 Memo of Law, # 6 Exhibit Ex. 7 Order, # 7 Exhibit Ex. 8 Internet Posts, # 8 Exhibit Ex. 9 Internet Posts, # 9 Exhibit Ex. 10 Internet Posts).(Marcus, David) (Entered: 06/24/2022) |
| 380 | Jun 24, 2022 | Request | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 351 Notice (Other) Motion to Modify/Clarify PI by Defendant Hayley Paige Gutman. Document filed by Joseph L. Murphy, JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 06/24/2022) |
| 381 | Jun 24, 2022 | Request | ***SELECTED PARTIES***DECLARATION of Joseph L. Murphy in Opposition. Document filed by Joseph L. Murphy, JLM Couture, Inc., Conrad Louis Clevlen, Hayley Paige Gutman. (Attachments: # 1 Exhibit Ex. 1, Email_with Highlights)Motion or Order to File Under Seal: 20 .(Marcus, David) (Entered: 06/24/2022) |