Leviton Manufacturing Co., Inc. v. Fastmac Performance Upgrades, Inc. et al
| Leviton Manufacturing Co., Inc. |
| Fastmac Performance Upgrades, Inc. and Truepower, Inc. |
| 1:2013cv01629 |
| March 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Suffolk |
| Sarah Netburn |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1051 |
| Both |
Docket Report
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| Filing 62 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated June 13, 2014, the Report is adopted in its entirety; Plaintiff is awarded the following: (i) a principal in the amount of $6,054,720 in damages; (ii) pre-judgment interest at the rate contained in 26 U.S.C. 6621 (a)(2), from March 26, 2013, until judgment is entered of $225,245.86; post-judgment interest according to the requirements set forth in 28 U.S.C. 1961(a); (iv) reasonable attorneys' fees in the amount of $91,182.40; and (v) costs in the amount of $4,480.63, amounting in all, to a total sum of $6,375,628.89; accordingly the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/20/2014) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #61 Memorandum & Opinion, to the Judgments and Orders Clerk. (kgo) |
Filing 61
OPINION AND ORDER re: #60 INQUEST ON DAMAGES. For the reasons stated herein, the Court adopts the Report in its entirety. Plaintiff shall be awarded: (i) a principal amount of $6,054,720 in damages; (ii) pre-judgment interest at the rate contained in 26 U.S.C. 6621(a)(2), from March 26, 2013, until the date judgment is entered; (iii) post-judgment interest according to the requirements set forth in 28 U.S.C. 1961(a); (iv) reasonable attorneys' fees in the amount of $91,182.40; and (v) costs in the amount of $4,480.63. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/13/2014) (kgo) Modified on 6/13/2014 (kgo).
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| Filing 60 INQUEST ON DAMAGES. Based on the evidence presented and the applicable case law, the Court recommends that Leviton be awarded $6,054,720 in damages plus pre-judgment interest pursuant to 11 U.S.C. 1117(b), and post-judgment interest pursuant to 28 U.S.C. 1961(a). Finally, the Court recommends that Leviton be awarded reasonable attorneys fees in the amount of $91,182.40 reflecting a decrease based on the lack of itemization for August, September, and the additional unbilled servicesand costs in the amount of $4,480.63. (Objections to R&R due by 3/17/2014). (Signed by Magistrate Judge Sarah Netburn on 2/28/2014) (rjm) Modified on 2/28/2014 (rjm). |
| Filing 59 AFFIDAVIT OF SERVICE of Proposed Findings of Fact and Supporting Declarations and Memorandum of Law served on Defendants on 10/16/13. Service was made by Federal Express. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) |
| Filing 58 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Leviton Manufacturing Co., Inc..(Susman, Dana) |
| Filing 57 MEMORANDUM OF LAW in Support re: #54 Scheduling Order,,,,,. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) |
| Filing 56 DECLARATION of Gerard Schiano-Strain, Esq. re: #54 Scheduling Order,,,,,. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A)(Susman, Dana) |
| Filing 55 DECLARATION of Adam M. Cohen, Esq. re: #54 Scheduling Order,,,,,. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Susman, Dana) |
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Filing 54
SCHEDULING ORDER FOR DAMAGES INQUEST: On August 20, 2013, the Honorable Lorna G. Schofield entered a default judgment against defendants. That same day, Judge Schofield referred this case to my docket to conduct an inquest and to report and recommend concerning plaintiff's damages. Accordingly, it is now ORDERED that: Plaintiff shall serve defendants (by mail at the last known address) and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default (or default judgment) no later than October 16, 2013. Plaintiff shall include with such service a copy of this Order... Plaintiff's Proposed Findings of Fact should specifically tie the proposed damages figure(s) to the legal claim(s) on which liability has been established;... Defendants shall send to plaintiff's counsel and file with the Court their response, if any, to plaintiff's submissions no later than 30 days after service of Plaintiff's Proposed Findings of Fact and Conclusions of Law. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties... A courtesy copy of any document filed with the Court shall be set or delivered to the Court as required by the Individual Practices of Judge Netburn, paragraph III(b). (See Order). (Signed by Magistrate Judge Sarah Netburn on 9/16/2013) (ja)
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Filing 53
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lorna G. Schofield on 8/20/2013) (rdz)
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Filing 52
ORDER: Before the Court is Plaintiffs Motion for Default Judgment (Motion) against Defendants. (Dkt. Nos. 47-50). For the following reasons, the Motion is granted, and judgment by default is entered against Defendants. This matter is referred to Magistrate Judge Netburn for inquest on damages, attorneys fees and costs. It is further ORDERED that Defendants shall recall all products, packaging and all other materials bearing the Leviton name and/or trademarks that have been altered and/or modified by any person or entity not authorized to do so by Leviton, including any Leviton products that have been modified to include USB ports and/or other appendages thereon by any person or entity not authorized by Leviton. It is further ORDERED that Plaintiff shall provide a copy of this Order to the unrepresented Defendants. (Signed by Judge Lorna G. Schofield on 8/20/2013) (rdz)
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| CASE REFERRED to Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Magistrate Judge Sarah Netburn. (rdz) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 8/20/2013. (See Order) (Court Reporter Bridgette Lombardozzi) (jcs) |
| Filing 51 AFFIDAVIT OF SERVICE of Order to Show Cause and Declarations and Memorandum of Law in Support served on Defendants on August 6, 2013. Service was made by First-Class Mail, Federal Express and Email. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 50 MEMORANDUM OF LAW in Support re: #47 Order to Show Cause,. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 49 DECLARATION of Adam M. Cohen in Support re: #47 Order to Show Cause,. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schiano-Strain, Gerard) |
| Filing 48 DECLARATION of Gerard Schiano-Strain in Support re: #47 Order to Show Cause,. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Schiano-Strain, Gerard) |
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Filing 47
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT filed by Leviton Manufacturing Co., Inc.. Defendants shall show cause as to why a default judgment pursuant to Fed. R. Civ. Proc. Rules 37(b)(2)(vi) and 55, should not be issued. Show Cause Hearing set for 8/20/2013 at 03:20 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Lorna G. Schofield, and as further set forth in this document. (Signed by Judge Lorna G. Schofield on 8/2/2013) (cd)
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Filing 46
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Gerard Schiano-Strain dated 7/25/2013 re: Plaintiff requests that all case deadlines set forth in the May 14, 2013 Scheduling Order be adjourned sine die until the Court makes its determination on Plaintiff's motion for default which will be filed by August 1, 2013. ENDORSEMENT: Application granted. The Final Pretrial Conference scheduled for August 2, 2013, and the deadlines for submission of pretrial materials, as set forth in the Court's May 14, 2013 Order (Dkt. No. 23), are hereby ADJOURNED sine die and will be rescheduled as necessary after the Court's decision on Plaintiff's contemplated motion for default. (Signed by Judge Lorna G. Schofield on 7/26/2013) (lmb)
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| Filing 45 DECLARATION of Gerard Schiano-Strain in Support re: #42 Request to Enter Default. Document filed by Leviton Manufacturing Co., Inc. (Schiano-Strain, Gerard) |
| Filing 44 CLERK'S CERTIFICATE OF DEFAULT as to Truepower, Inc. (jno) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gerard Schiano-Strain to RE-FILE Document #43 Affidavit in Support. Use the event type Declaration in Support(non-motion) found under the event list Replies, Opposition and Supporting Documents. (ka) |
| Filing 43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Gerard Schiano-Strain In Support of Request for Default in Support re: #42 Request to Enter Default. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) Modified on 7/24/2013 (ka). |
| Filing 42 REQUEST TO ENTER DEFAULT against TruePower, Inc.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit Clerk's Certificate)(Schiano-Strain, Gerard) |
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Filing 41
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Gerard Schiano-Strain dated 7/2/2013 re: Plaintiff respectfully requests a conference with the Court to address FastMac's Answer and for a default judgment against FastMac. ENDORSEMENT: The parties are referred to the Court's Order dated July 8, 2013 (Dkt. No. 40), stating that Plaintiff may file a motion for default judgment by August 1, 2013, if Defendants fail to retain counsel by July 24, 2013. Accordingly, the pre-motion conference requirement for Plaintiff's contemplated motion for default judgment is waived., ( Motions due by 8/1/2013.) (Signed by Judge Lorna G. Schofield on 7/8/2013) (lmb)
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Filing 40
ORDER granting #26 Motion to Withdraw as Attorney. For the reasons set forth in this Order, the Motion to Withdraw is GRANTED. It is hereby ORDERED that counsel for Defendants shall enter an appearance in this matter no later than 7/24/2013. If Defendants fail to retain counsel by that date, the Court will entertain a motion for default to be filed by 8/1/2013. IT IS FURTHER ORDERED that all previous scheduling orders of the Court remain in effect, and that any requests for adjournment must be made by counsel in conformity with this Court's Individual Rules and Procedures and shall be submitted no later than 7/26/2013. The Clerk of Court is directed to close the motion at docket number 26. Attorney Perry J. Narancic, III terminated. (Signed by Judge Lorna G. Schofield on 7/8/2013) (tro)
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| Filing 39 AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 38 ADMIRALTY WARRANT RETURNED EXECUTED Service was made by MAIL. Document filed by Leviton Manufacturing Co., Inc.., AFFIDAVIT OF SERVICE. Service was made by MAIL. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 37 AFFIDAVIT OF SERVICE. Truepower, Inc. served on 3/26/2013, answer due 4/16/2013. Service was made by MAIL. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 36 ACKNOWLEDGMENT OF SERVICE. Service was accepted by Gregory Vartanian. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 35 AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 34 AFFIDAVIT OF SERVICE. Fastmac Performance Upgrades, Inc. served on 3/26/2013, answer due 4/16/2013. Service was accepted by Abby Bakil (Abbi Vakil) President. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| CASHIERS OFFICE REGISTRY DISBURSEMENT as per #32 Order of Distribution of Funds, dated 06/24/2013, from Judge Lorna G. Schofield, on 06/27/2013 disbursed to pay LEVITON MANUFACTURING CO., INC. $75,000.00 Check No. 00979519 dated 06/27/2013 FEDEX# 8003 1837 2926 (jd) |
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Filing 33
ORDER: IT IS HEREBY ORDERED that Mr. Narancic, counsel for Defendant, shall submit an ex parte letter to the Court explaining in detail the factual basis for the Motion to Withdraw (Dkt. No.26). The letter shall be submitted by email, no later than July 1, 2013. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/26/2013) (rsh)
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Filing 32
ORDER DIRECTING CLERK TO RELEASE FUNDS: Defendants FastMac Performance Upgrades, Inc. having filed a Notice of Compliance (ECF 28) advising the Court that is has complied with the terms of the Preliminary Injunction Order, dated May 14, 2013 (ECF 23), and that it consents to the release of Plaintiff's funds being held in escrow by the Clerk of this Court, it is hereby: ORDERED that the Clerk of the United States District Court for the Southern District of New York is directed to draw a check in the amount of Seventy Five Thousand ( $75,000) Dollars, payable to "Leviton Manufacturing Co., Inc."; and IT IS FURTHER ORDERED that said check shall be delivered to Leviton Manufacturing Co., Inc. via overnight currier to the following address: Leviton Manufacturing Co., Inc. 201 North Service Road, Melville, New York 11747, Attn: Claudio Buttitta, Esq. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/24/2013) (rsh)
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| Filing 31 DECLARATION of Dana M. Susman in Opposition re: #26 MOTION for Perry J. Narancic to Withdraw as Attorney.. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dana M. Susman in Opposition re: #26 MOTION for Perry J. Narancic to Withdraw as Attorney.. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) Modified on 6/28/2013 (db). |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 6/18/2013. Plaintiff shall submit any papers in response to the Motion to Withdraw as Counsel no later than Monday June 24, 2013. (jcs) |
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Filing 29
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Gerard Schiano-Strain dated 6/10/2013 re: Counsel for plaintiff requests a telephone conference to address the issue as outlined within this letter. ENDORSEMENT: It is hereby ORDERED that a telephone conference will be held in this matter on June 18, 2013, at 3:30 p.m. before Judge Lorna G. Schofield. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/17/2013) (rsh)
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| Filing 28 NOTICE of Notice of Compliance re: #23 Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,,,,,. Document filed by Fastmac Performance Upgrades, Inc.. (Narancic, Perry) |
| Filing 27 DECLARATION of Perry J. Narancic in Support re: #26 MOTION for Perry J. Narancic to Withdraw as Attorney.. Document filed by Fastmac Performance Upgrades, Inc.. (Narancic, Perry) |
| Filing 26 MOTION for Perry J. Narancic to Withdraw as Attorney. Document filed by Fastmac Performance Upgrades, Inc..(Narancic, Perry) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Perry J. Narancic to Withdraw as Attorney. Document filed by Fastmac Performance Upgrades, Inc.. (Attachments: #1 Affidavit in Support of Motion to Withdraw, #2 Text of Proposed Order)(Narancic, Perry) Modified on 6/11/2013 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Perry J. Narancic to RE-FILE Document #25 MOTION for Perry J. Narancic to Withdraw as Attorney. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| CASHIERS OFFICE REGISTRY DEPOSIT dated 5/14/13, from Judge Judge Lorna G. Schofield, received $75,000.00 from WIRE TRANSFER Receipt Number 13465400382 on 5/21/13. (dig) |
| Set/Reset Deadlines: ( Expert Discovery due by 7/12/2013., Fact Discovery due by 7/12/2013., Motions due by 7/26/2013., Pretrial Order due by 7/26/2013.), Set/Reset Hearings:( Final Pretrial Conference set for 8/2/2013 at 02:30 PM before Judge Lorna G. Schofield.) (rsh) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE: granting #19 Motion for Perry J. Narancic to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/14/2013) (rsh)
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Filing 23
ORDER: For these reasons and the reasons set forth at length on the record during the May 13, 2013 argument and conference, the Court grants Levitons Motion for Preliminary Injunction based on its claim for trademark infringement under the Lanham Act, 15 U.S.C. 1114(1). Accordingly, it is hereby ORDERED that the Defendants are hereby enjoined from using Levitons trademarks in Defendants production, marketing, and sale of electrical receptacles called the U-Socket, but only until Defendants enclose a disclaimer with stand-alone packaging material, and attach a sticker to the back of the faceplate and to the receptacle, that prominently and legibly provide that the U-Socket is not produced or sponsored by, or in association with, Leviton. ORDERED that Plaintiff shall post security in the amount of $75,000 within five (5) business days after the issuance of this Order, pursuant to Fed. R. Civ. P. 65(c), which shall remain in place until the condition in the foregoing paragraph has been satisfied, whereupon the Defendants shall notify the Court and the Plaintiff of such satisfaction and of the Defendants consent to have the bond released or any reasons why it should not be released. ORDERED that the parties shall comply with the following schedule: All fact and expert discovery shall be completed by July 12, 2013. A joint final pretrial order shall be submitted by July 26, 2013. Motions in limine and final memoranda of law, if any, shall be submitted by July 26, 2013. The parties joint proposed voir dire, requests to charge and verdict sheet shall be submitted by July 26, 2013. A final pretrial conference shall be held on August 2, 2013, at 2:30 p.m. The parties shall be trial ready within 48 hours of the Final Pretrial Conference. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/14/2013) (rsh)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephonic Status Conference held on 5/13/2013. (See Order) (Court Reporter Tara Jones) (jcs) |
| Filing 22 DECLARATION of Steve Campolo in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit Exhibit A)(Schiano-Strain, Gerard) |
| Filing 21 DECLARATION of Meir Y. Blonder in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Schiano-Strain, Gerard) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Schiano-Strain, Gerard) |
| Filing 19 MOTION for Perry J. Narancic to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fastmac Performance Upgrades, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Narancic, Perry) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Perry J. Narancic to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 18 DECLARATION of Abbi Vakil in Opposition re: #3 MOTION for Preliminary Injunction.. Document filed by Fastmac Performance Upgrades, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Narancic, Perry) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #3 MOTION for Preliminary Injunction.. Document filed by Fastmac Performance Upgrades, Inc.. (Narancic, Perry) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fastmac Performance Upgrades, Inc..(Narancic, Perry) |
| Filing 15 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Fastmac Performance Upgrades, Inc..(Narancic, Perry) |
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Filing 14
CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: APPROVED AND SO ORDERED except that any application to file under seal will be considered on a case-by-case basis. (Signed by Judge Lorna G. Schofield on 4/16/2013) (ft)
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| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Perry J. Narancic to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8419251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fastmac Performance Upgrades, Inc., Truepower, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Narancic, Perry) Modified on 4/15/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #13 MOTION for Perry J. Narancic to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8419251. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
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Filing 12
ORDER: Any Opposition to the Motion for Preliminary Injunction is due by April 17, 2013. Any Reply in further support of the Motion for Preliminary Injunction is due by May 1, 2013. A Status Conference shall be held on May 13, 2013 at 4 p.m. ( Responses due by 4/17/2013. Replies due by 5/1/2013. Status Conference set for 5/13/2013 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/2/2013) (cd)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 3/28/2013. Oral Motion for Pro Hac Vice Granted. (Court Reporter Martha Drevis) (jcs) |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney Perry J. Narancic, III for Fastmac Performance Upgrades, Inc. admitted Pro Hac Vice. All attorneys appearing before this court are subject to the Local Rules of this Court, including the rules governing discipline of attorneys. Counsel shall immediately forward the prologue featured a fee to the Clerk of the Court. (Signed by Judge Lorna G. Schofield on 3/28/2013) (cd)
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Filing 10
ORDER: IT IS HEREBY ORDERED that a telephone conference is scheduled for March 28, 2013, at 11:30 a.m. Counsel for all parties are directed to jointly call Chambers at (212) 805-0288 at the time and date of the conference. It is further ORDERED that Plaintiff serve a copy of this Order upon Defendants. Telephone Conference set for 3/28/2013 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/20/2013) (ft)
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| Filing 9 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Dana M. Susman dated 3/15/2013 re: Plaintiff requests a waiver of the page limit for its expert declaration of Erich Joachimsthaler and that it be permitted to file its expert declaration of up to 24 pages. ENDORSEMENT: Plaintiff's request for a waiver of page limitation for its expert declaration is granted. Plaintiff is permitted to file the 24-page declaration of Erich Joachimsthaler. (Signed by Judge Lorna G. Schofield on 3/18/2013) (ft) |
| Filing 8 AFFIDAVIT OF SERVICE of Notice of Motion for Preliminary Injunction and Supporting Declarations and Memorandum of Law served on Defendants on March 15, 2013. Service was made by Federal Express. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) |
| Filing 7 MEMORANDUM OF LAW in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Susman, Dana) |
| Filing 6 DECLARATION of Erich Joachimsthaler in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Susman, Dana) |
| Filing 5 DECLARATION of Meir Y. Blonder in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Susman, Dana) |
| Filing 4 DECLARATION of Steve Campolo, CFI in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Leviton Manufacturing Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Susman, Dana) |
| Filing 3 MOTION for Preliminary Injunction. Document filed by Leviton Manufacturing Co., Inc..(Susman, Dana) |
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Filing 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) (lcu)
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| Filing 1 COMPLAINT against Fastmac Performance Upgrades, Inc., Truepower, Inc. (Filing Fee $ 350.00, Receipt Number 465401062184)Document filed by Leviton Manufacturing Co., Inc.(lcu) |
| SUMMONS ISSUED as to Fastmac Performance Upgrades, Inc., Truepower, Inc. (lcu) |
| Magistrate Judge Sarah Netburn is so designated. (lcu) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (lcu) |
| Case Designated ECF. (lcu) |
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