Saxx US Acquisition, Inc. v. Rhone Apparel, Inc.

Filing 17

ORDER granting 16 Letter Motion to Adjourn Conference; granting 16 Letter Motion for Extension of Time. Application GRANTED. The response to the complaint shall be filed by January 2, 2024. The parties shall submit the Joint Letter with a Civil Case Management Plan and Scheduling Order by January 8, 2024. The letter shall include a description of settlement discussions, without disclosing any specific offers. The Initial Pre-trial Conference shall be held on January 18, 2024, at 10: 30 a.m. (E.T.). The parties are directed to call [phone] and enter the Phone Conference ID (568 982 77), followed by the pound (#) sign. The Clerk of Court is respectfully directed to close the open motion at ECF No. 16. SO ORDERED.. (Signed by Judge Dale E. Ho on 11/13/2023) ( Initial Conference set for 1/18/2024 at 10:30 AM before Judge Dale E. Ho.) (ks)

NELSON MULLINS RILEY & SCARBOROUGH LLP
ATTORNEYS AND COUNSELORS AT LAW

Ashley B. Summer
Partner and Registered Patent Attorney
T: 212.413.9036 F: 864.250.2330

330 Madison Avenue, 27th Floor
New York, NY 10017
T: 212.413.9000 F: 646.428.2610

[e-mail]

nelsonmullins.com

November 9, 2023
Via ECF
The Honorable Dale E. Ho
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
RE:

Joint Request for Adjournment and an Extension of Time
Saxx US Acquisition, Inc. v. Rhone Apparel, Inc.,1:23-cv-03388 (DEH)

Dear Judge Ho:
The parties in this action have engaged in settlement discussions. As a result of
those discussions, the parties have reached general agreement on several principal
terms and are in the process of discussing specific settlement terms in an effort to reach
a final agreement. To facilitate those continuing efforts, the parties respectfully seek to
modify certain case deadlines by approximately forty-five (45) days as set forth herein.
The Initial Pre-Trial Conference is scheduled for November 30, 2023 at 11:30 am
and a Joint Letter with a Civil Case Management Plan and Scheduling Order currently is
due by November 22, 2023. No prior adjournment or extension for these events have
been requested or ruled upon.
In addition, a response to the Complaint is currently due on November 17, 2023.
Rhone has previously made two unopposed requests to extend that deadline by thirty
(30) days (Dkt Nos. 11, 13) so the parties could engage in settlement discussions. The
Court granted both requests (Dkt Nos. 12, 14).
In light of the foregoing and in an effort for the parties to attempt to reach a final
resolution of the case, the parties jointly seek to adjourn the conference and extend the
current deadlines by approximately forty-five (45) days and as set forth below (with three
alternative dates proposed for the Initial Pre-Trial Conference as required by Your Honor’s
Individual Rules and Practices):

CALIFORNIA | COLORADO | DISTRICT

OF

COLUMBIA | FLORIDA | GEORGIA | ILLINOIS | MARYLAND | MASSACHUSETTS | MINNESOTA

NEW YORK | NORTH CAROLINA | OHIO | PENNSYLVANIA | SOUTH CAROLINA | TENNESSEE | TEXAS | VIRGINIA | WEST VIRGINIA

The Honorable Dale E. Ho
Joint Request for Adjournment
and an Extension of Time
Page 2

Event

Current Deadline

Proposed Deadline

Response to the
Complaint

November 17, 2023

January 2, 2023

Joint Letter with Civil Case
Management Plan and
Scheduling Order

November 22, 2023

January 8, 2023

Initial Pre-Trial
Conference

November 30, 2023

January 17,18, or 19, 2024*

The parties jointly request the relief herein, and no other deadlines will be impacted
by this request.
Respectfully submitted,
/s/ Ashley B. Summer
Ashley B. Summer
Counsel for Defendant
Rhone Apparel, Inc.

cc:

Gene W. Lee, Esquire ([e-mail])
Andrew Klein ([e-mail])
Daniel T. Shvodian ([e-mail])

Application GRANTED. The response to the complaint shall be filed by January 2, 2024. The parties
shall submit the Joint Letter with a Civil Case Management Plan and Scheduling Order by January 8,
2024. The letter shall include a description of settlement discussions, without disclosing any specific
offers. The Initial Pre-trial Conference shall be held on January 18, 2024, at 10:30 a.m. (E.T.). The
parties are directed to call [phone] and enter the Phone Conference ID (568 982 77), followed by
the pound (#) sign. The Clerk of Court is respectfully directed to close the open motion at ECF No. 16.
SO ORDERED.
Dale E. Ho
United States District Judge
Dated: November 13, 2023
New York, New York