Broadspring, Inc. v. Congoo, L.L.C. et al

Defendant: Adblade, Congoo, L.L.C., Ashraf Nashed, Eric Clark and Does
Plaintiff: Broadspring, Inc.
Counter_claimant: Ashraf Nashed, Does, Congoo, L.L.C., Eric Clark and Adblade
Counter_defendant: Broadspring, Inc.
Case Number: 1:2013cv01866
Filed: March 20, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: Orange
Presiding Judge: Jesse M. Furman
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 20, 2014 163 Opinion or Order of the Court OPINION AND ORDER re: 108 MOTION for Summary Judgment or, Alternatively, Judgment on the Pleadings filed by Broadspring, Inc., 102 MOTION to Strike the Expert Report and Preclude the Testimony of Lance James filed by Broadspring, Inc., 98 MOTION for Sanctions due to spoliation of evidence filed by Broadspring, Inc., 75 MOTION to Amend/Correct 27 Amended Complaint filed by Broadspring, Inc., 94 MOTION to Preclude Daubert Motio n To Exclude Lafferty Report And Testimony filed by Adblade, Congoo, L.L.C., Rafael Consentino, Ashraf Nashed, 97 MOTION for Summary Judgment filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed. Accordingly, the parties a re ORDERED to show cause, in writing, why the listed documents should remain filed under seal or in redacted form, within two weeks of the date of this Opinion and Order. Any replies shall be filed within three weeks of the date of this Opinion an d Order. If, within two weeks, neither party makes a filing arguing why a particular document should remain under seal, Plaintiff shall promptly file the relevant document on ECF in unredacted form. For the reasons stated above, Defendants& #039; motion for summary judgment is denied except with respect to the tortious interference claim against Defendant Nashed, Plaintiff's motion for summary judgment is granted, Plaintiff's motion to exclude James's testimony is gran ted in part and denied in part, Defendants' motion to exclude Lafferty's testimony is denied, Plaintiff's motion for sanctions based on improper AEO designations is granted, Plaintiff's motion for sanctions based on spol iation of evidence is granted in part and denied in part, and Plaintiff's motion for leave to file a Second Amended Complaint is granted. As a result of those rulings, the only remaining claims are Plaintiff's claims against Congoo, Nash ed, and Cosentino under the Lanham Act and for defamation, and against Congoo and Cosentino for tortious interference. As noted above, within one week of the date of this Opinion and Order, Defendants must submit any opposition to the filing of the Second Amended Complaint in unredacted form, in a memorandum not to exceed ten pages. By that same date, Defendants must also re-designate the above-referenced documents and produce them to Plaintiffs. Within two weeks of the date of this Opi nion and Order, (1) Plaintiff must submit any challenges to redactions that Defendants make to the re-designated documents; (2) Plaintiff must submit a consolidated application for costs and fees related to the re-designation motion and the spoli ation motion; and (3) either party must submit any opposition to the public filing of a document listed in the Appendix to this Opinion and Order, including the memoranda filed in support of and in opposition to the re-designation motion. Within t hree weeks of the date of this Opinion and Order, (1) Defendants may submit any reply to Plaintiff's challenges to redactions to the re-designated documents; (2) Defendants may submit any opposition to Plaintiff's application for costs a nd fees; (3) either party may submit a reply regarding the public filing of a document listed in the Appendix, to the extent that any opposition has been submitted in the first place; and (4) Plaintiff may submit a reply to any opposition Defenda nts submit to the unredacted filing of the Second Amended Complaint, in a memorandum not to exceed ten pages. Under the Case Management Plan and Scheduling Order (Docket No. 13), the parties' Joint Pretrial Order and all related filings required by the Court's Individual Rules and Practices for Civil Cases are due thirty days from the date of this Opinion and Order. In light of the quantity and nature of the submissions that the parties need to make in the coming weeks, h owever, the Court will grant the parties forty-five days from today, rather than thirty, to make those submissions. The parties should be prepared to go to trial approximately two weeks thereafter. Moreover, the parties shall immediately advise th e Court by joint letter if they are interested in a referral to the assigned Magistrate Judge for purposes of settlement. The Clerk of Court is directed to terminate Docket Nos. 75, 94, 97, 98, 102, and 108. (Signed by Judge Jesse M. Furman on 8/20/2014) (mro)
November 18, 2014 258 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: 251 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Norman C. Simon dated November 12, 2014 filed by Congoo, L.L.C., Rafael Consentino, Ashraf Nashed: that Defendants' motion to reopen discovery is DENIED. The Clerk of the Court is directed to terminate Docket Number 251. (Signed by Judge Jesse M. Furman on 11/18/2014) (tn)

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Search for this case: Broadspring, Inc. v. Congoo, L.L.C. et al
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Defendant: Adblade
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Defendant: Congoo, L.L.C.
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Defendant: Ashraf Nashed
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Defendant: Eric Clark
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Defendant: Does
Represented By: Jennifer Patricia Nigro
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Plaintiff: Broadspring, Inc.
Represented By: Joshua B Katz
Represented By: Jack A. Gordon
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Counter_claimant: Ashraf Nashed
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Counter_claimant: Does
Represented By: Jennifer Patricia Nigro
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Counter_claimant: Congoo, L.L.C.
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Counter_claimant: Eric Clark
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Counter_claimant: Adblade
Represented By: Jordan Daniel Greenberger
Represented By: Jennifer Patricia Nigro
Represented By: Philippe Alain Zimmerman
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Counter_defendant: Broadspring, Inc.
Represented By: Jack A. Gordon
Represented By: Joshua B Katz
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