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CLOSED,USPTO

U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.0.3] (Watertown) CIVIL DOCKET FOR CASE #: 7:09-cv-01252-GTS-DEP
Car-Freshner Corporation et al v. Getty Images, Inc. Assigned to: Judge Glenn T. Suddaby Referred to: Magistrate Judge David E. Peebles Cause: 15:1114 Trademark Infringement Plaintiff Car-Freshner Corporation represented by Ashley D. Hayes Hancock, Estabrook Law Firm 1500 AXA Tower I Syracuse, NY 13221 315-565-4526 Fax: 315-565-4626 Email: ahayes@hancocklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward T. Colbert Kenyon, Kenyon Law Firm - DC Office 1500 K Street, N.W. Washington, DC 20005 202-220-4200 Fax: 202-220-4201 Email: ecolbert@kenyon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik C. Kane Kenyon, Kenyon Law Firm - DC Office 1500 K Street, N.W. Washington, DC 20005 202-220-4200 Fax: 202-220-4201 Email: ekane@kenyon.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jonathan Hudis Oblon, Spivak Law Firm 1940 Duke Street Alexandria, VA 22314 703-413-3000 Fax: 703-413-2220 Email: jhudis@oblon.com Date Filed: 11/09/2009 Date Terminated: 06/27/2012 Jury Demand: Both Nature of Suit: 840 Trademark Jurisdiction: Federal Question

LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle M. Marsh Kenyon, Kenyon Law Firm One Broadway New York, NY 10004 212-425-7200 Fax: 212-425-5288 Email: mmarsh@kenyon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nancy L. Pontius Mackenzie, Hughes Law Firm 101 South Salina Street PO Box 4967 Syracuse, NY 13221-4967 315-474-7571 Fax: 315-426-8358 Email: npontius@mackenziehughes.com TERMINATED: 12/20/2011 LEAD ATTORNEY Roberta S. Bren Oblon, Spivak Law Firm 1940 Duke Street Alexandria, VA 22314 703-413-3000 Fax: 703-413-2220 Email: rbren@oblon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William M. Merone Kenyon, Kenyon Law Firm - DC Office 1500 K Street, N.W. Washington, DC 20005 202-220-4200 Fax: 202-220-4201 Email: wmerone@kenyon.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Julius Samann Ltd. represented by Ashley D. Hayes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward T. Colbert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erik C. Kane (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jonathan Hudis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle M. Marsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nancy L. Pontius (See above for address) TERMINATED: 12/20/2011 LEAD ATTORNEY Roberta S. Bren (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William M. Merone (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

V. Defendant Getty Images, Inc. represented by Douglas J. Nash Hiscock, Barclay Law Firm - Syracuse Office One Park Place 300 South State Street Syracuse, NY 13202-2078 315-425-2828 Fax: 315-703-7364 Email: dnash@hblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Lloyd Davis, Wright Law Firm - Seattle Office 1201 Third Avenue - Suite 2200 Seattle, WA 98101-3045 206-622-3150 Fax: 206-757-7088

Email: jonathanlloyd@dwt.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Christopher J. Robinson Davis, Wright Law Firm - New York Office 1633 Broadway 27th Floor New York, NY 10019-4315 212-489-8230 Fax: 212-489-8340 Email: chrisrobinson@dwt.com PRO HAC VICE ATTORNEY TO BE NOTICED James E. Rosenfeld Davis, Wright Law Firm - New York Office 1633 Broadway 27th Floor New York, NY 10019-4315 212-489-8230 Fax: 212-489-8340 Email: jamesrosenfeld@dwt.com PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Getty Images (US), Inc. represented by Christopher J. Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James E. Rosenfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Lloyd (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Douglas J. Nash (See above for address) ATTORNEY TO BE NOTICED

Date Filed 11/09/2009

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Docket Text COMPLAINT against Getty Images, Inc. (Filing fee $350 receipt number

1432914) filed by Car-Freshner Corporation, Julius Samann Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(sfp, ) (Entered: 11/09/2009) 11/09/2009 11/09/2009 2 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Car-Freshner Corporation, Julius Samann Ltd.. (sfp, ) (Entered: 11/09/2009) Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 719498, 1131617, 1726888, 1781016, 1791233, 2741364. (sfp, ) (Attachment(s) added on 11/13/2009: # 1 flattened report to replace unflattened one) (cbm ). (Entered: 11/09/2009) G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 3/4/2010 at 11:30 AM by TELEPHONE before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 2/22/2010. (sfp, ) (Entered: 11/09/2009) Summons Issued as to Getty Images, Inc.. (sfp, ) (Entered: 11/09/2009) AFFIDAVIT of Service for Summons, Complaint and Jury Demand, General Order #25, and Plaintiffs' Corporate Disclosure served on Getty Images, Inc. through Registered Agent, Michelle Rowe, Secretary in the office of CT Corp. on November 13, 2009, filed by Car-Freshner Corporation, Julius Samann Ltd.. (Pontius, Nancy) (Entered: 11/23/2009) NOTICE of Appearance by Douglas J. Nash on behalf of Getty Images, Inc. (Nash, Douglas) (Entered: 12/03/2009) STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE PLEAD by Getty Images, Inc. submitted to Judge Lowe. (Nash, Douglas) (Entered: 12/03/2009) TEXT ORDER approving the 8 Stipulation - Answer due date updated for Getty Images, Inc. answer due 1/8/2010. SO ORDERED by Magistrate Judge George H. Lowe on 12/4/09. (rjb, ) (Entered: 12/04/2009) 9 MOTION for Limited Admission Pro Hac Vice of James E. Rosenfeld Filing fee $30, receipt number 0206-1471769. filed by Getty Images, Inc.. (Attachments: # 1 Exhibit(s) Verified Petition for Admission, # 2 Exhibit(s) Attorney E-Filing Registration Form, # 3 Exhibit(s) Certificate of Good Standing from the Appellate Division, First Department, # 4 Exhibit(s) Declaration of Sponsor, # 5 Exhibit(s) Proposed Order) Motions referred to George H. Lowe. (Nash, Douglas) (Entered: 01/07/2010) MOTION for Limited Admission Pro Hac Vice of Christopher J. Robinson Filing fee $30, receipt number 0206-1471772. filed by Getty Images, Inc.. (Attachments: # 1 Exhibit(s) Verified Petition for Admission, # 2 Exhibit(s) Attorney E-Filing Registration Form, # 3 Exhibit(s) Certificate of Good Standing from the Appellate Division, First Department, # 4 Exhibit(s) Declaration of Sponsor, # 5 Exhibit(s) Proposed Order) Motions referred to George H. Lowe. (Nash, Douglas) (Entered: 01/07/2010) FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Getty Images, Inc. identifying Corporate Parent Abe Investment, L.P., Other Affiliate Getty Images (US), Inc. for Getty Images, Inc... (Nash, Douglas) (Entered:

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01/08/2010) 01/08/2010 12 ORDER granting 9 Motion for Limited Admission Pro Hac Vice as to James Rosenfeld, Esq.. Signed by Magistrate Judge George H. Lowe on 1/8/10. (rjb, ) (Entered: 01/08/2010) ORDER granting 10 Motion for Limited Admission Pro Hac Vice as to Christopher Robinson, Esq.. Signed by Magistrate Judge George H. Lowe on 1/8/10. (rjb, ) (Entered: 01/08/2010) MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, Motion Hearing set for 2/18/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 2/1/2010 Reply to Response to Motion due by 2/8/2010. filed by Getty Images, Inc.. (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Statement of Material Facts Statement of Material Facts, # 3 Affidavit Affidavit of James Rosenfeld, # 4 Exhibit(s) Ex. A - Affidavit of James Rosenfeld, # 5 Exhibit(s) Ex. B - Affidavit of James Rosenfeld, # 6 Exhibit(s) Ex. C Affidavit of James Rosenfeld, # 7 Exhibit(s) Ex. D - Affidavit of James Rosenfeld, # 8 Exhibit(s) Ex. E - Affidavit of James Rosenfeld, # 9 Exhibit(s) Ex. F - Affidavit of James Rosenfeld, # 10 Exhibit(s) Ex. G Affidavit of James Rosenfeld, # 11 Supplement Request for Oral Argument) (Nash, Douglas) (Entered: 01/08/2010) TEXT NOTICE: The Rule 16 Conference scheduled for March 4, 2010 before Magistrate Judge Lowe is hereby adjourned without date. The conference will be rescheduled, if necessary, once a decision has been issued on the pending Motion to Dismiss. (rjb, ) (Entered: 01/11/2010) TEXT NOTICE of Hearing on # 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, : Motion is returnable on 2/18/10 on submit before Judge Glenn T. Suddaby. No appearances are necessary. In the event that the Court determines that oral argument is necessary, the Court will request it at that time. Response to Motion due by 2/1/2010. Reply to Response to Motion due by 2/8/2010. The parties are directed to serve a courtesy copy of all motion papers in excess of 50 pages directly to Judge Suddaby's chambers. (lmw) (Entered: 01/14/2010) 15 Letter Motion from Nancy L. Pontius for Car-Freshner Corporation, Julius Samann Ltd. requesting an agreed upon adjournment of the return date of Defendant's motion to dismiss or, in the alternative, for summary judgment from February 18, 2010 to March 18, 2010 and a change in the dates upon which opposing papers and reply papers must be served and filed as set forth in the letter, all pursuant to L.R. 7.1(j) submitted to Judge Suddaby. (Pontius, Nancy) (Entered: 01/22/2010) TEXT ORDER granting # 15 Letter Request: the # 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, is RESCHEDULED for 3/18/2010 on submit before Judge Glenn T. Suddaby. No appearances are necessary. Response to Motion due by 3/1/2010. Reply to Response to Motion due by 3/8/2010. Counsel are directed to forward a courtesy copy of all motion papers in excess of 50 pages directly to chambers. Signed by Judge Glenn T. Suddaby on 1/22/10. (lmw) (Entered: 01/22/2010) 16 Cross MOTION for Joinder of Getty Images (US) as a defendant and

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granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f) ( Reply to Response to Motion due by 3/8/2010.), Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, Motion Hearing set for 3/18/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 3/1/2010 filed by Car-Freshner Corporation, Julius Samann Ltd.. (Attachments: # 1 Declaration of Jonathan Hudis, Esq., # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Memorandum of Law in Opposition to Defendant's Motion to Dismiss, in Support of Plaintiffs' Cross-Motion for Discovery Pursuant to Rule 56(f), Fed. R. Civ. P., and in Support of Plaintiffs' Cross-Motion to Join Getty Images (US), Inc. as a Defendant, # 7 Appendix to Memorandum of Law of Decisions on Computerized Data Bases) Motions referred to George H. Lowe. (Pontius, Nancy) (Entered: 02/23/2010) 02/26/2010 TEXT NOTICE: The 16 Cross Motion for Joinder will be heard by Magistrate Judge George H. Lowe and will be on submission of the papers only. No oral argument will be heard unless otherwise directed. (rjb, ) (Entered: 02/26/2010) 17 REPLY to Response to Motion re 16 Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,, 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, filed by Getty Images, Inc.. (Attachments: # 1 Exhibit(s) Appendix of Cited Decisions Published Only Electronically)(Nash, Douglas) (Entered: 03/05/2010) RESPONSE to Motion re 16 Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty

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Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment,Cross MOTION for Joinder of Getty Images (US) as a defendant and granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f)Cross MOTION Cross-Motion for an Order: (1) granting the Plaintiffs discovery pursuant to Fed. R. Civ. P. 56(f); and (2) joining Getty Images (US) as a defendant re 14 MOTION to Dismiss , Or, In The Alternative, For Summary Judgment, (DEFENDANTS RESPONSE TO PLAINTIFFSCROSS-MOTION FOR JOINDER) filed by Getty Images, Inc.. (Nash, Douglas) (Entered: 03/05/2010) 03/09/2010 19 Letter Motion from Nancy L. Pontius for Car-Freshner Corporation, Julius Samann Ltd. requesting, without waiving Plaintiffs' cross-motion for discovery under Fed. R. Civ. P, 56(f), leave pursuant to L.R. 7.1(c) to file reply papers with respect to Defendant's opposition to Plaintiffs' crossmotion, inlcuding the submission of Plaintiffs' response to Getty's Statement of Material Facts, to the limited extent Plaintiffs are able to do so without the discovery requested under Rule 56(f), if it would be helpful to the Court. submitted to Judge Suddaby. (Pontius, Nancy) (Entered: 03/09/2010) RESPONSE TO LETTER BRIEF filed by Getty Images, Inc. as to 19 Letter Request/Motion,, filed by Julius Samann Ltd., Car-Freshner Corporation. (Nash, Douglas) (Entered: 03/11/2010) DECISION & ORDER denying Plaintiffs' # 19 Letter Request for leave to file a reply regarding their cross-motion for discovery and/or an untimely Local Rule 7.1 response regarding defendants' motion for summary judgment. Defendants' # 20 letter request for leave to file a Local Rule 7.1 reply should plaintiffs be permitted to file an untimely Local Rule 7.1 response is denied. Signed by Judge Glenn T. Suddaby on 3/19/10. (lmw) (Entered: 03/19/2010) LETTER BRIEF attaching Second Circuit Decision, Tiffany (NJ), Inc. v. eBay, Inc. 08-3947-cv (Apr. 1, 2010) by Getty Images, Inc.. (Attachments: # 1 Court of Appeals Decision)(Rosenfeld, James) (Entered: 04/06/2010) LETTER BRIEF in response to Defendant's Letter Brief of April 6, 2011 attaching the Second Circuit Decision in Tiffany (NJ), Inc. v. eBay, Inc. 083947-cv (April 1, 2010) by Car-Freshner Corporation, Julius Samann Ltd.. (Pontius, Nancy) (Entered: 04/07/2010)

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FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Getty Images, Inc. identifying Other Affiliate Abe Investment Holdings, Inc. for Getty Images, Inc... (Nash, Douglas) (Entered: 05/21/2010) ORDER granting in part Pltfs' 16 Cross-Motion for discovery and granting Pltfs' cross-motion for joinder; directing the clerk to add Getty Images (US), Inc. as a Deft. Pltfs are directed to file their amended complaint w/in 7 days of the date of this order. Signed by Magistrate Judge George H. Lowe on 9/30/2010. (amt) (Entered: 09/30/2010) Letter Motion from Nancy L. Pontius for Car-Freshner Corporation, Julius Samann Ltd. requesting a telephone conference prior to filing a formal motion to file an amend the complaint and, if necessary, an extension of time to file the amended complaint already permitted by the Court's September 30, 2010 order submitted to Judge Lowe. (Attachments: # 1 Proposed Amended Pleading)(Pontius, Nancy) (Entered: 10/06/2010) Letter Motion from James Rosenfeld for Getty Images (US), Inc., Getty Images, Inc. requesting disposition of letter motion from plaintiffs' counsel dated October 6, 2010 submitted to Judge George H. Lowe. (Rosenfeld, James) (Entered: 10/06/2010) TEXT ORDER denying the 26 and 27 Letter Requests as moot since the parties have resolved the issue. SO ORDERED by Magistrate Judge George H. Lowe on 10/7/10. (rjb, ) (Entered: 10/07/2010)

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AMENDED COMPLAINT against Getty Images (US), Inc., Getty Images, Inc. filed by Car-Freshner Corporation, Julius Samann Ltd..(Pontius, Nancy) (Additional attachment(s) added on 10/8/2010: # 1 Exhibit(s) A) (amt, ). (Entered: 10/07/2010) AMENDED DOCUMENT by Car-Freshner Corporation, Julius Samann Ltd.. Amendment to 28 Amended Complaint by the addition of Exhibit A which was inadvertently omitted with the original filing. (Pontius, Nancy) (Entered: 10/07/2010) Confirmation letter regarding Defendant's pending Motion for Summary Judgment Letter Motion from Getty Images, Inc. for Getty Images (US), Inc., Getty Images, Inc. submitted to Judge Suddaby. (Rosenfeld, James) (Entered: 10/07/2010) CLERK'S CORRECTION OF DOCKET ENTRY: Exhibit A was added as an attachment to entry of the 28 Amended Complaint. (amt) (Entered: 10/08/2010)

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Letter Motion from Plaintiffs for Car-Freshner Corporation, Julius Samann Ltd. requesting Resolution of Discovery Disputes submitted to Judge Lowe. (Attachments: # 1 Exhibit(s) Exh A-Interrogatories, # 2 Exhibit(s) Exh BProduction Requests, # 3 Exhibit(s) Exh C-Interrog Objections, # 4 Exhibit(s) Exh D-Objections to Prod Requests, # 5 Exhibit(s) Exh E-Pltfs' Ltr to Defs' Counsel)(Hudis, Jonathan) (Entered: 10/14/2010) Letter Motion from Getty Images, Inc. for Getty Images (US), Inc., Getty Images, Inc. submitted to Judge George H. Lowe. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Rosenfeld,

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James) (Entered: 10/14/2010) 10/21/2010 33 STIPULATION on Protective Order by Car-Freshner Corporation, Julius Samann Ltd. submitted to Judge Lowe. (Pontius, Nancy) (Entered: 10/21/2010) STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge George H. Lowe on 10/25/10. (rjb, ) (Entered: 10/25/2010) Letter Motion from Chris Robinson, Esq. for Getty Images (US), Inc., Getty Images, Inc. requesting a telephone conference to discuss a discovery dispute submitted to Judge George H. Lowe. (Robinson, Christopher) (Entered: 01/05/2011) TEXT ORDER granting 35 Letter Request, Telephone Conference set for 1/7/2011 at 10:30 AM before Magistrate Judge George H. Lowe. Defendant's attorney is responsible for initiating the call, USING A THIRDPARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference. SO ORDERED by Magistrate Judge George H. Lowe on 1/6/11. (rjb, ) (Entered: 01/06/2011) TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephone Conference held on 1/7/2011. Appearances: Nancy Pontius, Esq., Jonathan Hudis, Esq. and Roberta Bren, Esq. for Plaintiffs; James Rosenfeld, Esq., Christopher Robinson, Esq. and John Cook, Esq. for Defendant. Judge Lowe hears from counsel on Mr. Robinson's January 5, 2011 letter. Judge Lowe rules that the Jacobson Rost deposition and production of documents will be permitted. (FTR Recorded) (rjb, ) (Entered: 01/07/2011) 36 STIPULATION Supplemental Stipulated Protective Order by Car-Freshner Corporation, Julius Samann Ltd. submitted to Judge Lowe. (Pontius, Nancy) (Entered: 03/10/2011) SUPPLEMENTAL STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge George H. Lowe on 3/11/11. (rjb, ) (Entered: 03/11/2011) Letter Motion from Plaintiffs for Car-Freshner Corporation, Julius Samann Ltd. requesting telephone conference submitted to Judge Lowe. (Hudis, Jonathan) (Entered: 03/24/2011) Letter Motion from James Rosenfeld for Getty Images (US), Inc., Getty Images, Inc. requesting Responding to plaintiff's March 24, 2011 letter submitted to Judge George H. Lowe. (Rosenfeld, James) (Entered: 03/25/2011) TEXT NOTICE of Hearing: Telephone Conference set for 4/7/2011 at 01:30 PM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility.

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FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 2348618, which is a dedicated conference line which may be called ONLY at the time of the conference. (rjb, ) (Entered: 03/30/2011) 03/30/2011 TEXT NOTICE of Hearing CHANGE: At the request of counsel, the Status Conference scheduled for 4/7/2011 is hereby rescheduled for 4/5/2011 at 10:00 AM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 2348618, which is a dedicated conference line which may be called ONLY at the time of the conference.(rjb, ) (Entered: 03/30/2011) TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 4/5/2011. Appearances: Nancy Pontius, Esq., Jonathan Hudis, Esq. and Roberta Bren, Esq. for Plaintiffs; James Rosenfeld, Esq., Christopher Robinson, Esq. and Douglas Nash, Esq. for Defendant. Judge Lowe has reviewed Dkt. Nos. 38 and 39. A text order denying Dkt. No. 38 will be issued for the reasons stated on the record. Counsel advise Judge Lowe there are no other outstanding issues at this time. (FTR Recorded) (rjb, ) (Entered: 04/05/2011) 40 LETTER BRIEF re Defendants' Motion to Dismiss or for Summary Judgment by Car-Freshner Corporation, Julius Samann Ltd.. (Hudis, Jonathan) (Entered: 04/05/2011) TEXT ORDER: The Court has reviewed Dkt. Nos. 38 and 39, and has conferred with counsel by telephone concerning the issue on 4/5/11. For the reasons stated during the conference call the request set forth in Dkt. No. 38 is denied. SO ORDERED by Magistrate Judge George H. Lowe on 4/8/11. (rjb, ) (Entered: 04/08/2011) TEXT ORDER: During a conference call held on 4/5/11, counsel informed the Court that there were no outstanding issues to be addressed beyond those raised in Dkt. Nos. 38 and 39. Therefore, Dkt. Nos. 31 and 32 are denied as moot. SO ORDERED by Magistrate Judge George H. Lowe on 4/14/11. (rjb, ) (Entered: 04/14/2011) 41 STIPULATION [Second Supplemental Stipulated Protective Order] by CarFreshner Corporation, Julius Samann Ltd. submitted to Judge Lowe. (Pontius, Nancy) (Entered: 07/07/2011) SECOND SUPPLEMENTAL STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge George H. Lowe on 7/13/2011. (amt) (Entered: 07/15/2011) MEMORANDUM-DECISION and ORDER: GRANTING in part and DENYING in part defendants' # 14 motion to dismiss plaintiffs' # 28 Amended Complaint for failure to state a claim upon which relief can be

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granted pursuant to Fed. R. Civ. P. 12(b)(6) or, in the alternative, for summary judgment pursuant to Fed. R. Civ. P. 56; and GRANTING in part and DENYING in part plaintiffs' # 16 cross-motion for discovery pursuant to Fed. R. Civ. P. 56. This proceeding shall return to Magistrate Judge Lowe for the supervision of the discovery process. Signed by Judge Glenn T. Suddaby on 9/27/2011. (mae) (Entered: 09/28/2011) 10/12/2011 10/13/2011 44 45 ANSWER to 28 Amended Complaint by Getty Images (US), Inc., Getty Images, Inc..(Nash, Douglas) (Entered: 10/12/2011) CERTIFICATE OF SERVICE by Getty Images (US), Inc., Getty Images, Inc. re 44 Answer to Amended Complaint (Nash, Douglas) (Entered: 10/13/2011) TEXT NOTICE of Hearing: Status Conference set for 11/22/2011 at 11:00 AM before Magistrate Judge George H. Lowe. Defendant's attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 2348618, which is a dedicated conference line which may be called ONLY at the time of the conference.(rjb, ) (Entered: 11/10/2011) 46 CIVIL CASE MANAGEMENT PLAN filed by Car-Freshner Corporation, Julius Samann Ltd.. (Hudis, Jonathan) (Entered: 11/18/2011) TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 11/22/2011. Appearances: Jonathan Hudis, Esq. for Plaintiff; James Rosenfeld, Esq., Christopher Robinson, Esq. and Douglas Nash, Esq. for Defendant. Pretrial deadlines are established, a scheduling order will be issued. Counsel raise an issue regarding the number of depositions to be conducted, this will be decided at a later date. (FTR Recorded) (rjb, ) (Entered: 11/23/2011) 47 UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Disclosures to be exchanged by 12/9/2011; Rule 33 and 34 Requests to be served by 12/16/2011; Joinder of Parties due by 4/15/2012; Amended Pleadings due by 4/15/2012; Fact Discovery due by 6/15/2012; Expert Discovery due by 11/30/2012; Dispositive Motions to be filed by 1/31/2013. Status Conference set for 2/1/2011 at 09:30 AM before Magistrate Judge George H. Lowe; Plaintiffs' attorney is directed to initiate the call in accordance with the Order. Signed by Magistrate Judge George H. Lowe on 11/29/11. (rjb, ) (Entered: 11/29/2011) Letter Motion from J. Hudis, Plaintiffs' Counsel for Car-Freshner Corporation, Julius Samann Ltd. requesting Clarification of Scheduling Order submitted to Judge Lowe. (Hudis, Jonathan) (Entered: 12/02/2011) TEXT ORDER: The Court has reviewed Dkt. No. 48. The Scheduling Order issued 11/29/11 will be deemed to be revised consistent with Dkt. No. 48. SO ORDERED by Magistrate Judge George H. Lowe on 12/9/11. (rjb, ) (Entered: 12/09/2011)

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11/18/2011 11/22/2011

11/29/2011

12/02/2011

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12/09/2011

12/16/2011

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STIPULATION Substituting Counsel for Plaintiffs by Car-Freshner Corporation, Julius Samann Ltd. submitted to Judge George H. Lowe. (Hayes, Ashley) (Entered: 12/16/2011) CONSENT SUBSTITUTION OF COUNSEL ORDER - granting 49 Stipulation filed by Julius Samann Ltd., Car-Freshner Corporation, Attorney Ashley D. Hayes for Car-Freshner Corporation, Ashley D. Hayes for Julius Samann Ltd. added, in place and stead of Attorney Nancy L. Pontius. Attorney Nancy L. Pontius terminated. Signed by Magistrate Judge George H. Lowe on 12/20/11. (mnm) (Entered: 12/21/2011) TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 2/1/2012. Appearances: Ashley Hayes, Esq., Jonathan Hudis, Esq. and Roberta Bren, Esq. for Plaintiffs; James Rosenfeld, Esq., Christopher Robinson, Esq. and Douglas Nash, Esq. for Defendants. Paper discovery has been served. Counsel agreed to an extension of time for discovery responses. Defendants' responses are due 2/6/12 and Plaintiffs' responses are due 2/21/12. Counsel anticipate a dispute concerning the number of depositions to be taken but do not believe it's ready for Court intervention yet. Defendants' attorney will file a status report with the Court by 3/1/2012. (FTR Recorded) (rjb, ) (Entered: 02/01/2012)

12/20/2011

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02/01/2012

02/13/2012

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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Magistrate Judge George H. Lowe no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 2/10/2012. (amt) (Entered: 02/13/2012) ORDER REASSIGNING CASE. Due to a conflict, this case is reassigned to Magistrate Judge David E. Peebles for all further proceedings. Magistrate Judge Therese Wiley Dancks no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 2/29/2012. (amt) (Entered: 02/29/2012) STATUS REPORT by Getty Images (US), Inc., Getty Images, Inc.. (Rosenfeld, James) (Entered: 03/01/2012) TEXT SCHEDULING ORDER: A telephone conference has been scheduled in this matter for 3/27/12 at 3:00 pm before Magistrate Judge David E. Peebles. Plaintiff's counsel is asked to initiate the call by dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 3/8/12. (cam, ) (Entered: 03/08/2012)

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03/01/2012 03/08/2012

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03/23/2012 03/27/2012

54 55

NOTICE of Appearance by Michelle M. Marsh on behalf of All Plaintiffs (Marsh, Michelle) (Entered: 03/23/2012) STIPULATION (Third Supplemental Stipulated Protective Order) by CarFreshner Corporation, Julius Samann Ltd. submitted to Judge David E. Peebles. (Hayes, Ashley) (Entered: 03/27/2012) NOTICE by Car-Freshner Corporation, Julius Samann Ltd. of the Appearance of Edward T. Colbert, Esq. (Hayes, Ashley) (Entered: 03/27/2012) TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/27/2012. Discovery has been exchanged and issues are discussed. Judge extends all of the existing

03/27/2012

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03/27/2012

deadlines for 60 days. Parties are to confer regarding the outstanding issues. Plaintiff's counsel is then directed to file a summary status report by 4/20/12, which must indicate 1) what has been accomplished, 2) what agreements have been reached, 3) what disputes need court intervention and, if so, why, and 4) whether or not a settlement conference before the court would be beneficial. A digitally recorded telephone conference is set for 4/27/12 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Ashley Hayes, Esq., Jonathan Hudis, Esq., Roberta Bren, Esq., Ed Colbert, Esq., Michelle Marsh, Esq., and Erik Kane, Esq. for Pltfs.; Douglas Nash, esq., Christopher Robinson, Esq., and James Rosenfeld, Esq. for Deft.. (sal, ) (Entered: 03/27/2012) 03/27/2012 Set/Reset Hearings: A Digitally Recorded Telephone Conference is set for 4/27/2012 at 11:00 AM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers. (sal, ) (Entered: 03/27/2012) TEXT SCHEDULING ORDER: Amended Pleadings deadline is extended until 6/1/2012. Joinder of Parties deadline is extended until 6/1/2012. Fact Discovery deadline is extended until 8/15/2012. Expert discovery must be completed by 1/29/13. Motions to be filed deadline is extended until 4/2/2013. Authorized by Magistrate Judge David E. Peebles on 3/27/12. (sal, ) (Entered: 03/27/2012) Set Deadlines/Hearings: Status Report due by 4/20/2012. (sal, ) (Entered: 03/27/2012) 57 PROTECTIVE ORDER. Signed by Magistrate Judge David E. Peebles on 3/28/2012. (amt) (Entered: 03/28/2012) CLERK'S CORRECTION OF DOCKET ENTRY re Scheduling Order dated 3/27/12. The joinder and amendment deadlines should be extended to 6/15/12. (cam, ) (Entered: 03/29/2012) 58 MOTION for Limited Admission Pro Hac Vice of William M. Merone Filing fee $100, receipt number 0206-2156874. filed by Car-Freshner Corporation, Julius Samann Ltd.. (Attachments: # 1 Petition for Admission, # 2 Attorney E-Filing Registration, # 3 Certificate of Good Standing, # 4 Oath on Admission, # 5 Affidavit of Sponsor, # 6 Proposed Order/Judgment, # 7 Certificate of Service) Motions referred to David E. Peebles. (Hayes, Ashley) (Entered: 04/09/2012) MOTION for Limited Admission Pro Hac Vice of Erik C. Kane Filing fee $100, receipt number 0206-2156902. filed by Car-Freshner Corporation, Julius Samann Ltd.. (Attachments: # 1 Petition for Admission, # 2 Attorney E-Filing Registration, # 3 Certificate of Good Standing, # 4 Oath on Admission, # 5 Affidavit of Sponsor, # 6 Proposed Order/Judgment, # 7 Certificate of Service) Motions referred to David E. Peebles. (Hayes, Ashley) (Entered: 04/09/2012) Reset Deadlines: Amended Pleadings due by 6/15/2012. Joinder of Parties due by 6/15/2012. (sal, ) (Entered: 04/10/2012) 60 ORDER granting 58 Motion for Limited Admission Pro Hac Vice of William Merone, Esq. Signed by Magistrate Judge David E. Peebles on

03/27/2012

03/27/2012 03/28/2012 03/29/2012

04/09/2012

04/09/2012

59

04/10/2012 04/18/2012

4/18/2012. (amt) (Entered: 04/18/2012) 04/18/2012 61 ORDER granting 59 Motion for Limited Admission Pro Hac Vice of Erik C. Kane, Esq. Signed by Magistrate Judge David E. Peebles on 4/18/2012. (amt) (Entered: 04/18/2012) STATUS REPORT by Car-Freshner Corporation, Julius Samann Ltd.. (Attachments: # 1 Exhibit(s) 1-3)(Marsh, Michelle) (Entered: 04/20/2012) STATUS REPORT in Response to Plaintiffs' Unilateral Status Report by Getty Images (US), Inc., Getty Images, Inc.. (Attachments: # 1 Exhibit(s) A)(Rosenfeld, James) (Entered: 04/25/2012) TEXT Minute Entry for digitally recorded proceedings held by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 4/27/2012. The court has received and reviewed plaintiff's 62 status report and defendant's 63 response. Magistrate Judge Peebles believes the issues raised are not yet ripe for court determination. Parties are directed to negotiate further regarding the outstanding discovery disputes. Judge gives plaintiff's counsel permission to file a motion after good faith efforts are made to challenge the confidentiality designation. Next telephone conference is set for 8/21/12 at 3:00 PM. Defendant's counsel is directed to initiate the call to Chambers. APP: Ashley Hayes, Esq., Jonathan Hudis, Esq., Roberta Bren, Esq., Ed Colbert, Esq., Michelle Marsh, Esq., Douglas Nash, Esq., Christopher Robinson, Esq., and James Rosenfeld, Esq.. (FTR Recorded). (sal, ) (Entered: 04/27/2012) Set/Reset Hearings: Telephone Conference set for 8/21/2012 at 3:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers. (sal, ) (Entered: 04/27/2012) TEXT ORDER: Plaintiff's counsel is permitted to file a motion, after good faith efforts are made, to challenge the confidentiality designation. Authorized by Magistrate Judge David E. Peebles on 4/27/12. (sal, ) (Entered: 04/27/2012) 64 MOTION for Limited Admission Pro Hac Vice of Jonathan Mark Lloyd Filing fee $100, receipt number 0206-2211634. filed by Getty Images, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s)) Motions referred to David E. Peebles. (Nash, Douglas) (Entered: 06/05/2012) ORDER granting 64 Motion for Limited Admission Pro Hac Vice of Jonathan M. Lloyd, Esq. Signed by Magistrate Judge David E. Peebles on 6/5/2012. (amt) (Entered: 06/05/2012) Letter Request To Magistrate Judge Peebles by Car-Freshner Corporation, Julius Samann Ltd. requesting a conference to discuss issues relative proposed new defendants and claims. (Marsh, Michelle) Modified on 6/15/2012 to reflect document (mnm). (Entered: 06/14/2012) TEXT ORDER re 66 Letter Request. Permission is granted to file a motion to amend on or before 6/22/2012. The Amendment of Pleadings and Joinder of Parties deadlines are therefore extended until 6/22/2012. This motion should be filed electronically with the court and returned before Magistrate

04/20/2012 04/25/2012

62 63

04/27/2012

04/27/2012

04/27/2012

06/05/2012

06/05/2012

65

06/14/2012

66

06/15/2012

Judge Peebles on one of his regular Syracuse motions days, which are the 2nd and 4th Wednesday of each month starting at 9:30 AM. If the parties request any documents in support of and/or in response to this motion to be filed under seal, then a letter motion must be electronically filed w/ the court requesting such relief indicating the reasons for this request and such documents should be provided to the court by traditional means for review. Authorized by Magistrate Judge David E. Peebles on 6/15/12. (sal, ) (Entered: 06/15/2012) 06/15/2012 06/20/2012 67 68 NOTICE of Appearance by Edward T. Colbert on behalf of Car-Freshner Corporation, Julius Samann Ltd. (Colbert, Edward) (Entered: 06/15/2012) NOTICE of Acceptance with Offer of Judgment by Car-Freshner Corporation, Julius Samann Ltd. (Attachments: # 1 certificate of service)(Hayes, Ashley) (Entered: 06/20/2012) TEXT NOTICE TO COUNSEL re 68 Notice of Acceptance with Offer of Judgment: Parties are directed to file a status report w/ the court on or before 6/26/12 indicating whether or not they wish to the court to enter judgment in this matter or if settlement documents, together with a stipulation of dismissal, will be filed. (sal, ) (Entered: 06/22/2012) Set Deadlines/Hearings: Status Report due by 6/26/2012. (sal, ) (Entered: 06/22/2012) 69 70 STATUS REPORT by Car-Freshner Corporation, Julius Samann Ltd.. (Johnson, Aaron) (Entered: 06/25/2012) ****VACATED PURSUANT TO 6/28/12 TEXT ORDER**** JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety without prejudice to the right of the parties to secure reinstatement of the case within thirty (30) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within thirty (30) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw) Modified on 6/28/2012 (lmw). (Entered: 06/27/2012) TEXT ORDER vacating # 70 Judgment Dismissing Action by reason of Settlement as it was entered in error. Authorized by Judge Glenn T. Suddaby on 6/28/12. (lmw) (Entered: 06/28/2012) 71 JUDGMENT in favor of Car-Freshner Corporation and Julius Samann Ltd. against Getty Images (US), Inc., Getty Images, Inc. (lmw) (Entered: 06/28/2012)

06/22/2012

06/22/2012 06/25/2012 06/27/2012

06/28/2012

06/28/2012