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SDNY CM/ECF Version 4.2

CASREF, COMPLEX-CSMGMT, ECF

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:13-cv-01041-LTS-DCF
Tiffany and Company v. Costco Wholesale Corporation Assigned to: Judge Laura Taylor Swain Referred to: Magistrate Judge Debra C. Freeman Cause: 15:1051 Trademark Infringement Plaintiff Tiffany and Company represented by Don Abraham Dickstein Shapiro LLP (NYC) 1633 Broadway New York, NY 10019-6708 (212) 277-6674 Fax: (917) 591-2647 Email: AbrahamD@dicksteinshapiro.com ATTORNEY TO BE NOTICED Jeffrey A. Mitchell Dickstein Shapiro LLP (NYC) 1633 Broadway New York, NY 10019-6708 (212) 277-6500 Fax: (212) 277-6501 Email: MitchellJ@dicksteinshapiro.com ATTORNEY TO BE NOTICED Judith Rita Cohen Dickstein Shapiro LLP (NYC) 1633 Broadway New York, NY 10019-6708 (212) 277-6500 Fax: (212) 277-6501 Email: cohenj@dicksteinshapiro.com ATTORNEY TO BE NOTICED Plaintiff Tiffany (NJ) LLC represented by Don Abraham (See above for address) ATTORNEY TO BE NOTICED Jeffrey A. Mitchell (See above for address) ATTORNEY TO BE NOTICED
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Date Filed: 02/14/2013 Jury Demand: Plaintiff Nature of Suit: 840 Trademark Jurisdiction: Federal Question

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Judith Rita Cohen (See above for address) ATTORNEY TO BE NOTICED V. Defendant Costco Wholesale Corporation represented by Richard Michael Koehl Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York, NY 10004 (212) 859-8000 Fax: (212) 859-4000 Email: Richard.Koehl@friedfrank.com ATTORNEY TO BE NOTICED Victoria Jane Boker Doyle Fried Frank Harris Shriver & Jacobson LLP 1 New York Plaza New York, NY 10004 (212)-859-8383 Fax: (212)-859-4000 Email: victoria.doyle@friedfrank.com ATTORNEY TO BE NOTICED James Wilson Dabney Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York, NY 10004 212 859-8000 Fax: 212-859-4000 Email: james.dabney@ffhsj.com ATTORNEY TO BE NOTICED Counter Claimant Costco Wholesale Corporation represented by Richard Michael Koehl (See above for address) ATTORNEY TO BE NOTICED Victoria Jane Boker Doyle (See above for address) ATTORNEY TO BE NOTICED James Wilson Dabney (See above for address) ATTORNEY TO BE NOTICED V.
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Counter Defendant Tiffany (NJ) LLC represented by Jeffrey A. Mitchell (See above for address) ATTORNEY TO BE NOTICED Judith Rita Cohen (See above for address) ATTORNEY TO BE NOTICED Counter Defendant Tiffany and Company represented by Jeffrey A. Mitchell (See above for address) ATTORNEY TO BE NOTICED Judith Rita Cohen (See above for address) ATTORNEY TO BE NOTICED Date Filed 02/14/2013 # Docket Text

1 COMPLAINT against Costco Wholesale Corporation. (Filing Fee $ 350.00, Receipt Number 465401060061)Document filed by Tiffany and Company, Tiffany (NJ) LLC.(jd) (Entered: 02/19/2013) SUMMONS ISSUED as to Costco Wholesale Corporation. (jd) (Entered: 02/19/2013) Magistrate Judge Debra C. Freeman is so designated. (jd) (Entered: 02/19/2013) Case Designated ECF. (jd) (Entered: 02/19/2013) 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd) (Entered: 02/19/2013) Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (jd) (Entered: 02/19/2013) 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Costco Wholesale Corporation served on 2/15/2013, answer due 3/8/2013. Service was accepted by
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Aixa Flores. Document filed by Tiffany and Company; Tiffany (NJ) LLC. (Mitchell, Jeffrey) (Entered: 02/21/2013) 03/08/2013 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Costco Wholesale Corporation.(Dabney, James) (Entered: 03/08/2013) 5 ANSWER to 1 Complaint., COUNTERCLAIM against Tiffany (NJ) LLC, Tiffany and Company. Document filed by Costco Wholesale Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dabney, James) (Entered: 03/08/2013) 6 NOTICE OF APPEARANCE by Don Abraham on behalf of Tiffany (NJ) LLC, Tiffany and Company (Abraham, Don) (Entered: 03/11/2013) 7 NOTICE OF APPEARANCE by Richard Michael Koehl on behalf of Costco Wholesale Corporation (Koehl, Richard) (Entered: 03/12/2013) 8 NOTICE OF APPEARANCE by Victoria Jane Boker Doyle on behalf of Costco Wholesale Corporation (Doyle, Victoria) (Entered: 03/13/2013) 9 ANSWER to 5 Counterclaim. Document filed by Tiffany (NJ) LLC, Tiffany and Company.(Mitchell, Jeffrey) (Entered: 03/14/2013) 10 INITIAL CONFERENCE ORDER: It is hereby ORDERED that a pre-trial conference will be held in the above-captioned matter on May 3, 2013 at 11:30 a.m. in Courtroom No. 17C, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York 10007. It is further ORDERED that counsel for Plaintiff(s) must serve a copy of this Initial Conference Order within fourteen ( 14) calendar days following the date of this order, on each Defendant that has already been served with the summons and complaint, that a copy of this Initial Conference Order must be served with any subsequent process that brings in additional parties, and that proof of such service must be filed promptly with the Court...and as further set forth in this order. (Initial Conference set for 5/3/2013 at 11:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/13/2013) (mt) (Entered: 03/14/2013) 11 AFFIDAVIT OF SERVICE of Initial Conference Order served on Fried, Frank, Harris, Shriver & Jacobson LLP on 3/14/2013. Service was made by Mail. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Abraham, Don) (Entered: 03/15/2013) 12 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Don Abraham dated 4/12/2013 re: Counsel seeks clarification from the Court whether they may proceed in accordance with the Individual Practice Rules, and without the need for a pre motion conference. Alternatively, they ask for permission to proceed with the filing of our Motion, as the issues raised by it will help shape the scope of discovery in the case. ENDORSEMENT: Compliance with the letter exchange procedure will suffice in this instance. No pre motion conference will be required. (Signed by Judge Laura Taylor Swain on 4/12/2013) (ft) (Entered: 04/12/2013) 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings. Document filed by Tiffany (NJ) LLC, Tiffany and Company.(Mitchell, Jeffrey) (Entered: 04/17/2013)
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14 DECLARATION of Jeffrey A. Mitchell in Support re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B - part 1, # 3 Exhibit B - part 2, # 4 Exhibit B - part 3, # 5 Exhibit B - part 4, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M) (Mitchell, Jeffrey) (Entered: 04/17/2013) 15 RULE 56.1 STATEMENT. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Mitchell, Jeffrey) (Entered: 04/17/2013) 16 MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Mitchell, Jeffrey) (Entered: 04/17/2013) 17 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey A. Mitchell dated 4/22/2013 re: As the Court knows, we represent the Tiffany plaintiffs in the above-referenced action. We are compelled to advise the Court of an issue that needs to be discussed at the initial conference scheduled for May 3rd, as it may be necessary for Tiffany to file a motion for a protective order directed at a prematurely issued 30(b)(6) deposition notice that defendant has refused to simply confirm is adjourned without date so the Court may resolve issues concerning it. ENDORSEMENT: The matter may be taken up at the May 3, 2013 conference. Counsel are urged to work in good faith to resolve disputed matters before bringing them to the Court. (Signed by Judge Laura Taylor Swain on 4/23/2013) (ft) (Entered: 04/23/2013) 18 Letter addressed to Judge Laura Taylor Swain from James W. Dabney dated 4/24/2013 re: In accordance with Section A.2.b(iii) of Your Honor's Individual Rules of Practice, we write to inform the Court that Costco Wholesale Corporation will file its opposition to Plaintiffs' pending motion for summary judgment on the basis of its existing counterclaim, and will not be seeking leave to amend the counterclaim. Document filed by Costco Wholesale Corporation.(ft) (Entered: 04/26/2013) 19 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Attachments: # 1 Exhibit 1)(Abraham, Don) (Entered: 04/26/2013) 20 NOTICE OF APPEARANCE by Judith Rita Cohen on behalf of Tiffany (NJ) LLC, Tiffany and Company (Cohen, Judith) (Entered: 04/29/2013) 21 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 Debra C. Freeman. (Signed by Judge Laura Taylor Swain on 5/3/2013) (ft) (Main Document 21 replaced on 5/3/2013) (ft). (Entered: 05/03/2013) 22 PRE-TRIAL SCHEDULING ORDER NO. 1: Amended Pleadings due by 8/16/2013. Joinder of Parties due by 8/16/2013. Discovery due by 12/6/2013. Expert Discovery due by 12/6/2013. Motions due by 12/31/2013. Final Pretrial Conference set for 3/28/2014 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin meeting with
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Magistrate Judge Freeman for settlement purposes by September 30, 2013. (Signed by Judge Laura Taylor Swain on 5/3/2013) (ft) (Entered: 05/06/2013) 05/03/2013 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 5/3/2013. IPTC held. PTC Scheduling Order to follow. Case is referred to MJ Freeman for GPT. (Order to follow.) FPTC is scheduled for 3/28/2014 at 2:00pm. (lan) (Entered: 05/06/2013) 23 MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Costco Wholesale Corporation. (Dabney, James) (Entered: 05/06/2013) 24 COUNTER STATEMENT TO 15 Rule 56.1 Statement. Document filed by Costco Wholesale Corporation. (Dabney, James) (Entered: 05/06/2013) 25 DECLARATION of Harjit Grewall in Opposition re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Costco Wholesale Corporation. (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Dabney, James) (Entered: 05/06/2013) 26 DECLARATION of Robert Newell in Opposition re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Costco Wholesale Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dabney, James) (Entered: 05/06/2013) 27 DECLARATION of Charles M. Levine in Opposition re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Costco Wholesale Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibits AJ)(Dabney, James) (Entered: 05/06/2013) 28 DECLARATION of James W. Dabney in Opposition re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Costco Wholesale Corporation. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 2 Part 1, # 4 Exhibit 2 Part 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)(Dabney, James) (Entered: 05/06/2013) 29 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Mitchell on behalf of Tiffany (NJ) LLC, Tiffany and Company. New Address: Dickstein Shapiro LLP, 1633 Broadway, New York, New York, USA 10019, 212-277-6500. (Mitchell, Jeffrey) (Entered: 05/09/2013) 30 TRANSCRIPT of Proceedings re: Status Conference held on 5/3/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 6/3/2013. Redacted Transcript Deadline set for 6/13/2013. Release of Transcript Restriction set for 8/12/2013.(sdi) (Entered: 05/09/2013) 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
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official transcript of a Status Conference proceeding held on 5/3/2013 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...(sdi) (Entered: 05/09/2013) 05/16/2013 32 REPLY AFFIRMATION of Jeffrey A. Mitchell in Support re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Attachments: # 1 Exhibit N, # 2 Exhibit O, # 3 Exhibit P, # 4 Exhibit Q, # 5 Exhibit R, # 6 Exhibit S)(Mitchell, Jeffrey) (Entered: 05/16/2013) 33 REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings.. Document filed by Tiffany (NJ) LLC, Tiffany and Company. (Mitchell, Jeffrey) (Entered: 05/16/2013) Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 5/23/2013 via telephone. (lmb) (Entered: 05/30/2013)

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PACER Service Center


Transaction Receipt
07/03/2013 10:39:32 PACER Login: Description: Billable Pages: cv1167 Docket Report 6 Client Code: Search Criteria: Cost: 1:13-cv-01041-LTSDCF 0.60

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