Times Square Foods Imports LLC v. Philbin et al

Defendant: Ursa Philbin, Nicky Kalliongis and Comnexis, Inc.
Plaintiff: Times Square Foods Imports LLC
Case Number: 1:2012cv09101
Filed: December 12, 2012
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Paul A. Engelmayer
Nature of Suit: Trademark
Cause of Action: 15:1114 Trademark Infringement
Jury Demanded By: Both

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Date Filed#Document Text
February 10, 2014 29 Opinion or Order of the Court OPINION & ORDER re: 20 MOTION to Reopen Case -- Motion by Plaintiff and by all Counterdefendants to Reopen Case and to Implement On-The-Record Settlement Agreement With Permanent Injunction --. filed by Seena Foods LTD d/b/a My Skinny Group, Eximp, LTD, Times Square Foods Imports LLC, Jatinder S. Dhall, Tarun Verma, My Skinny Group LTD, Preston Turco, Ashok Kumar Verma. For the foregoing reasons, the Court adopts Magistrate Judge Pitman's Report in full. The conditional order of dismissal entered on July 18, 2013 is vacated. The Clerk of Court is respectfully directed to terminate the motion at docket number 20 and to restore this case to the Court's docket. The parties are directed to submit a consent judgment/injunct ion consistent with the Court's ruling to the Orders and Judgments Clerk no later than February 26, 2014. Upon execution of the consent judgment/injunction, the Court will close this case. (Signed by Judge Paul A. Engelmayer on 2/10/2014) (djc) Modified on 2/10/2014 (djc).
July 21, 2014 66 Opinion or Order of the Court OPINION & ORDER re: 48 MOTION to Enforce Judgment re: 46 Order, 30 Consent Judgment, -- Plaintiff's Motion for Contempt, etc., pursuant to Court order (DE 46) --, filed by Times Square Foods Imports LLC. For the fo regoing reasons, the Court denies Time Square's motion to hold Philbin, Kalliongis, and Comnexis in civil contempt of Court, except that the Court reserves judgment to the extent the motion relates to the failure to transfer the Seena Foods, L td., and My Skinny Group, Ltd. stock certificates. However, Philbin is directed forthwith to withdraw her applications for the three trademarks at issue, and to supplement the record regarding her possession of the stock certificates. Separately, Philbin's application to subpoena Time Square's banking records is granted. Time Square is directed to pay Philbin, forthwith, the $20,000 that Philbin is owed, i.e., as a result of Time Square's duty to pay Philbin $10,00 0 on both June 6, 2014 and July 6, 2014. Time Square is also directed to make the final payment of $10,000 on August 6, 2014. The Clerk of Court is respectfully directed to terminate the motion at docket number 48. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/21/2014) (ja)

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Defendant: Ursa Philbin
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Defendant: Nicky Kalliongis
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Defendant: Comnexis, Inc.
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Plaintiff: Times Square Foods Imports LLC
Represented By: Dennis Grossman
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