Opinion
No. 04 Civ. 7928 (RWS).
February 16, 2005
MEMORANDUM OPINION and ORDER
Plaintiff Judith Ripka Creations, Inc. ("Judith Ripka") commenced this action on October 7, 2004, naming as defendant Firenze Jewels, Inc. ("Firenze") and asserting claims of copyright infringement and trade dress infringement, inter alia.
The initial order to show cause in this action, dated October 7, 2004 seeking a preliminary injunction, was made returnable three days after the seizure provided for in that order. A supplemental order to show cause, dated October 18, 2004, added Hakimi Trading Corp. ("Hakimi") as a defendant and was made returnable three days after the seizure provided for in that order. By order dated October 27, 2004, Judith Ripka's motion for a preliminary injunction was adjourned to November 3, 2004. It was further ordered that the temporary restraining order previously entered would continue in full force and effect pending such hearing.
In the interim, by order dated October 25, 2004, R.H.J., Inc. ("R.H.J.") was substituted in place and instead of Hakimi, and the caption of the case amended accordingly. By letter of October 26, 2004, treated as a motion returnable November 3, 2004, Firenze and R.H.J. sought permission to file a motion to set aside the seizure.
At the call of the motion calendar on November 3, 2004, Judith Ripka, by its counsel, represented that an offer of judgment had been accepted with regard to Judith Ripka's claims against Firenze and the parties indicated that Judith Ripka and R.H.J. had agreed to settle, although the amount of an offer of settlement was unresolved. With the consent of the parties, the motions were adjourned to November 17, 2004. On that date, no party appeared. The motions were subsequently adjourned to January 19, 2005.
At the November 3, 2004 hearing Judith Ripka also requested leave to file a second amended complaint, which request was granted. To date, no second amended complaint has been filed.
On January 17, 2005 counsel for R.H.J. sought leave to be relieved as counsel. The application was granted, and the motions were adjourned to February 9, 2005. On that date, no party appeared.
To date, no accepted offer of judgment concerning Judith Ripka's claims against Firenze has been filed with the Court, nor have the parties filed a stipulation of settlement as to those same claims.
All pending motions are dismissed without prejudice for failure of prosecution with leave granted to renew. The temporary restraining order of this Court continued by the order of October 27, 2004, shall expire ten (10) days after entry of this memorandum opinion and order.
It is so ordered.