Abercrombie & Fitch Co. et al v. Hatley USA Inc.

New York Southern District Court
Judge:Andrew L Carter, Jr
Referred: Sarah Netburn
Case #: 1:21-cv-08131
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Sep 30, 2021
Terminated:Oct 20, 2022
Last checked: Tuesday Mar 29, 2022 5:23 AM EDT
Defendant
Hatley USA Inc.
Plaintiff
Abercrombie & Fitch Co.
Represented By
Susan Marie Kayser
K&l Gates (dc)
contact info
Plaintiff
Abercrombie & Fitch Trading Co.
Represented By
Susan Marie Kayser
K&l Gates (dc)
contact info


Docket last updated: 04/01/2025 11:59 PM EDT
Thursday, October 20, 2022
41 41 5 pgs misc AO 120 Form Trademark - Case Terminated - Submitted Thu 10/20 9:50 AM
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 10/19/2022 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (tp)
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Wednesday, October 19, 2022
40 40 3 pgs misc Stipulation of Voluntary Dismissal Wed 10/19 5:04 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Hatley USA Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Kayser, Susan)
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Friday, October 07, 2022
39 39 order Stipulation and Order Fri 10/07 5:47 PM
STIPULATED PROTOCOL AND ORDER GOVERNING THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION: Plaintiffs/Counter-Defendants Abercrombie & Fitch Co. and Abercrombie & Fitch Trading Co. (collectively, "A&F") and Defendant/Counterclaim-Plaintiff Hatley USA, Inc. ("Hatley") (A&F and Hatley, collectively, Parties, and individually, a "Party") having agreed to the following terms of a protocol (the "Protocol") for the production of electronically stored information ("ESI") and discoverable documents originating from hard copy sources and pursuant to the Federal Rules of Civil Procedure ("FRCP") and subject to the parties' Stipulated Protective Order, entered by the Court on July 28, 2022 ("Protective Order") (Dkt. No. 33), it is therefore hereby ORDERED, that the Parties shall adhere to the following terms, upon pain of contempt as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/7/2022) (mml)
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order Order on Motion for Extension of Time Fri 10/07 12:49 PM
ORDER granting37 Letter Motion for Extension of Time. The parties' joint request for a 28-day extension on the remaining deadlines set in the Civil Case Management Plan and Scheduling Order is GRANTED. The parties shall file a stipulation of dismissal or a status letter no later than November 7, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Thursday, October 06, 2022
37 37 motion Extension of Time Thu 10/06 1:07 PM
JOINT LETTER MOTION for Extension of Time for remaining deadlines set in the Civil Case Management Plan & Scheduling Order [Dkt.22] addressed to Magistrate Judge Sarah Netburn from Susan M. Kayser dated October 6, 2022. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Tuesday, October 04, 2022
36 36 misc Proposed Protective Order Tue 10/04 6:09 PM
PROPOSED PROTECTIVE ORDER. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Thursday, August 25, 2022
minutes Settlement Conference Wed 09/07 12:16 PM
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 8/25/2022. (ras)
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Thursday, August 18, 2022
35 35 order Memo Endorsement Thu 08/18 4:07 PM
MEMO ENDORSEMENT on re:34 Letter Insurance Representative Attendance at Settlement Conference. filed by Hatley USA Inc. ENDORSEMENT : Defendant's request for its insurer to appear remotely at the August 25, 2022, settlement conference is GRANTED. Defense counsel shall provide a telephone number where the insurer's representative can be reached during the conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/18/22) (yv)
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Wednesday, August 17, 2022
34 34 misc Letter Wed 08/17 8:13 PM
LETTER addressed to Magistrate Judge Sarah Netburn from Rhett O. Millsaps II & Christopher J. Sprigman dated August 17, 2022 re: Insurance Representative Attendance at Settlement Conference. Document filed by Hatley USA Inc...(Millsaps, Rhett)
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Thursday, July 28, 2022
33 33 order Protective Order Thu 07/28 2:45 PM
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/28/2022) (ras)
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Wednesday, July 27, 2022
32 32 misc Proposed Protective Order Wed 07/27 6:28 PM
PROPOSED PROTECTIVE ORDER. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Tuesday, July 05, 2022
31 31 misc Letter Tue 07/05 3:00 PM
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from the parties dated July 5, 2022 re: Joint Status Letter per this Court's May 6, 2022, Civil Case Management Plan & Scheduling Order (Doc. 22). Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Wednesday, June 22, 2022
order Order on Motion to Appear Pro Hac Vice Wed 06/22 9:39 PM
ORDER granting29 Motion for Terrance D. Roberts to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Tuesday, June 21, 2022
misc Notice Regarding Pro Hac Vice Motion Tue 06/21 12:04 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Terrance D. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26300288. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Friday, June 17, 2022
29 29 motion Appear Pro Hac Vice Fri 06/17 5:52 PM
MOTION for Terrance D. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26300288. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Roberts, Terrance)
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Att: 1 Affidavit Declaration of Terrance D. Roberts,
Att: 2 Exhibit Certificate of Good Standing,
Att: 3 Text of Proposed Order Proposed Order
Monday, June 13, 2022
order Order on Motion to Appear Pro Hac Vice Mon 06/13 8:57 PM
ORDER granting27 Motion for Eric W. Lee to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Thursday, June 09, 2022
misc Notice Regarding Pro Hac Vice Motion Thu 06/09 1:25 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Eric W. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26256753. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Wednesday, June 08, 2022
27 27 motion Appear Pro Hac Vice Wed 06/08 3:04 PM
MOTION for Eric W. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26256753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Lee, Eric)
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Att: 1 Affidavit Declaration of Eric W. Lee,
Att: 2 Exhibit Certificate of Good Standing,
Att: 3 Text of Proposed Order Proposed Order
Monday, May 16, 2022
26 26 1 pgs order Order ~Util - Set Hearings Mon 05/16 11:11 AM
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, August 25, 2022, at 10:00 a.m. in in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Thursday, August 18, 2022 by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 8/25/2022 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/16/2022) (ras)
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Monday, May 09, 2022
25 25 respoth Response (non-motion) Mon 05/09 6:18 PM
RESPONSE re:12 Answer to Complaint, Counterclaim / Abercrombie's Answer, Defenses and Affirmative Defenses to Hatley's Counterclaims . Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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24 24 order Memo Endorsement Mon 05/09 4:14 PM
MEMO ENDORSEMENT on re:21 Letter filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co. ENDORSEMENT: The parties shall email Courtroom Deputy Rachel Slusher with three mutually convenient dates to schedule a settlement conference by no later than May 13, 2022. (Signed by Magistrate Judge Sarah Netburn on 5/9/2022) (ras)
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Friday, May 06, 2022
23 23 order Memo Endorsement Fri 05/06 4:59 PM
MEMO ENDORSEMENT on re:19 Letter, filed by Hatley USA Inc. ENDORSEMENT: For the reasons discussed at the conference on May 5, 2022, Defendant's request for phased discovery is DENIED. (Signed by Magistrate Judge Sarah Netburn on 5/6/2022) (ras)
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22 22 order Case Management Plan Fri 05/06 4:47 PM
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: The parties may move to amend the pleadings or join additional parties until Tuesday, July 5, 2022. All fact discovery shall be completed by Monday, November 7, 2022. All expert discovery shall be completed by Monday, February 27, 2023. A joint letter informing the Court about the status of discovery shall be filed with the Court by Tuesday, July 5, 2022. Abercrombie & Fitch does not request trial by jury; Hatley USA requests trial by jury. (Motions due by 7/5/2022. Fact Discovery due by 11/7/2022. Expert Discovery due by 2/27/2023.) (Signed by Magistrate Judge Sarah Netburn on 5/6/2022) (ras)
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21 21 misc Letter Fri 05/06 4:18 PM
LETTER addressed to Magistrate Judge Sarah Netburn from Susan M. Kayser dated May 6, 2022 re: status update. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Thursday, May 05, 2022
minutes Pretrial Conference - Initial Mon 05/23 10:58 AM
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 5/5/2022. (ras)
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Friday, April 29, 2022
20 20 1 pgs order Order Fri 04/29 5:30 PM
ORDER: On April 28, 2022, the parties expressed interest in a settlement conference with the Court. ECF No. 19. By May 6, 2022, the parties are directed to email Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/29/2022) (ks)
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Thursday, April 28, 2022
19 19 misc Letter Thu 04/28 7:24 PM
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Rhett O. Millsaps II & Susan M. Kayser dated April 28, 2022 re: dispute over phased discovery and joint request for settlement conference. Document filed by Hatley USA Inc...(Millsaps, Rhett)
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Tuesday, April 26, 2022
order Order on Motion to Appear Pro Hac Vice Tue 04/26 4:02 PM
ORDER granting17 Motion for Mark Philip McKenna to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Monday, April 25, 2022
misc Notice Regarding Pro Hac Vice Motion Mon 04/25 3:04 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 SECOND MOTION for Mark Philip McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Friday, April 22, 2022
17 17 motion Appear Pro Hac Vice Fri 04/22 1:42 PM
SECOND MOTION for Mark Philip McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hatley USA Inc...(McKenna, Mark)
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Att: 1 Affidavit Affidavit for Pro Hac Vice Motion,
Att: 2 Text of Proposed Order Proposed Order,
Att: 3 Supplement Certificate of Good Standing
Thursday, April 21, 2022
16 16 2 pgs order Order for Initial Pretrial Conference Thu 04/21 11:58 AM
INITIAL PRETRIAL CONFERENCE ORDER: An Initial Pretrial Conference pursuant to Rule 16 is scheduled for Thursday, May 5, 2022, at 3:30 p.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Initial Conference set for 5/5/2022 at 03:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/21/2022) (ras)
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Tuesday, April 19, 2022
15 15 notice Notice of Appearance Tue 04/19 2:24 PM
NOTICE OF APPEARANCE by Christopher Jon Sprigman on behalf of Hatley USA Inc...(Sprigman, Christopher)
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14 14 1 pgs order Order Referring Case to Magistrate Judge Tue 04/19 1:46 PM
ORDER REFERRING CASE TO 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 Netburn. (Signed by Judge Andrew L. Carter, Jr on 4/19/2022) (ate)
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misc Notice Regarding Deficient Motion to Appear Pro Hac Vice Tue 04/19 8:34 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 10 MOTION for Mark P. McKenna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26024951. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Illinois; Affidavit/Declaration in Support Not Titled Properly. Re-file the motion as a 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. (vba)
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Monday, April 18, 2022
13 13 notice Notice of Appearance Mon 04/18 8:46 PM
NOTICE OF APPEARANCE by Rhett Owen Millsaps, II on behalf of Hatley USA Inc...(Millsaps, Rhett)
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12 12 answer Answer to Complaint Counterclaim Mon 04/18 8:45 PM
ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co.. Document filed by Hatley USA Inc...(Millsaps, Rhett)
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11 11 misc Rule 7.1 Corporate Disclosure Statement Mon 04/18 8:42 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hatley The Little Blue House, Inc. for Hatley USA Inc.. Document filed by Hatley USA Inc...(Millsaps, Rhett)
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10 10 motion Appear Pro Hac Vice Mon 04/18 6:25 PM
MOTION for Mark P. McKenna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26024951. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hatley USA Inc...(McKenna, Mark)
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Att: 1 Affidavit Affidavit Supporting Motion,
Att: 2 Text of Proposed Order Proposed Order,
Att: 3 Supplement Certificate of Good Standing
Monday, December 27, 2021
9 9 2 pgs order Order on Motion for Extension of Time to Answer Mon 12/27 12:03 PM
ORDER granting8 Letter Motion for Extension of Time to Answer re8 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Susan M. Kayser and Christopher Jon Springman dated 12/24/2021.,1 Complaint. SO ORDERED. Hatley USA Inc. answer due 4/18/2022. (Signed by Judge Andrew L. Carter, Jr on 12/27/2021) (ate)
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Friday, December 24, 2021
8 8 motion Extension of Time to File Answer Fri 12/24 1:59 PM
CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Susan M. Kayser and Christopher Jon Springman dated 12/24/2021. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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7 7 service Waiver of Service Executed Fri 12/24 1:53 PM
WAIVER OF SERVICE RETURNED EXECUTED. Hatley USA Inc. waiver sent on 12/17/2021, answer due 2/15/2022. Document filed by Abercrombie & Fitch Co.; Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Friday, October 01, 2021
6 6 service Summons Issued Fri 10/01 3:14 PM
ELECTRONIC SUMMONS ISSUED as to Hatley USA Inc...(jgo)
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notice Case Opening Initial Assignment Notice Fri 10/01 3:10 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Fri 10/01 3:12 PM
Magistrate Judge Sarah Netburn 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
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utility Case Designated ECF Fri 10/01 3:12 PM
Case Designated ECF. (jgo)
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Thursday, September 30, 2021
5 5 misc Rule 7.1 Corporate Disclosure Statement Thu 09/30 7:14 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Abercrombie & Fitch Co. for Abercrombie & Fitch Trading Co.. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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4 4 misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Thu 09/30 7:01 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Kayser, Susan)
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3 3 misc Civil Cover Sheet Thu 09/30 6:04 PM
CIVIL COVER SHEET filed..(Kayser, Susan)
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2 2 service Request for Issuance of Summons Thu 09/30 5:58 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Hatley USA Inc., d/b/a Hatley and Little Blue House, re:1 Complaint. Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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1 1 25 pgs cmp Complaint Thu 09/30 5:45 PM
COMPLAINT against Hatley USA Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25135658)Document filed by Abercrombie & Fitch Co., Abercrombie & Fitch Trading Co...(Kayser, Susan)
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Att: 1 Exhibit A,
Att: 2 Exhibit B