Optigenex, Inc. v. BHIP Global, Inc.
| Optigenex, Inc. |
| BHIP Global, Inc. |
| Optigenix, Inc. |
| 1:2014cv06558 |
| August 15, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Andrew L Carter |
| Trademark |
| 15 U.S.C. § 1051 |
| Defendant |
Docket Report
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This docket was last retrieved on April 15, 2015. A more recent docket listing may be available from PACER.
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| Filing 44 Received a letter from the United States District Court - Eastern District of Texas acknowledging receipt of the entire file and assigned Case Number: 4:15-cv-00221. (nm) |
| Received e-mail from the United States District Court - Eastern District of Texas acknowledging receipt of transferred case. Assigned Case Number: 4:15-cv-00221, filed on 03/30/2015. (sjo) |
| Mailed notice to Commissioner of Patents and Trademarks to report the termination of this action. (rjm) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of Texas, except for document number 3 (Sealed Document) which was sent via Federal Express AIRBILL # 1Z E223 E53 02 9809 5674 on 3/27/2015. (rjm). |
Filing 43
ORDER OF TRANSFER. Pursuant to its authority under 28 U.S.C. 1404(a), the Court hereby transfers this action to the United States District Court for the Eastern District of Texas, Sherman Division, upon the consent of the parties and in the interests of convenience and justice. Defendant's Motion to Dismiss for Lack of Jurisdiction (ECF No. 34) is hereby DENIED AS MOOT. Denying as Moot #34 Motion to Dismiss for Lack of Jurisdiction. (Signed by Judge Andrew L. Carter, Jr on 3/20/2015) (rjm)
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| Transmission to Sealed Records Clerk. Transmitted re: #43 Order on Motion to Dismiss/Lack of Jurisdiction to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) |
| Filing 42 LETTER addressed to Judge Andrew L. Carter, Jr. from Daniel J. Buzzetta dated March 19, 2015 re: Requesting Transfer of the Case to the United States District Court for the Eastern District of Texas. Document filed by Optigenex, Inc..(Buzzetta, Daniel) |
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Filing 41
CONSENT TO AND ORDER OF SUBSTITUTION OF COUNSEL. IT IS HEREBY CONSENTED TO AND AGREED THAT the law firm of Baker & Hostetler LLP has been substituted for the law fr;m of Davidoff Hutcher & Citron LLP as counsel of record for Plaintiff OPTIGENEX INC. in the above-captioned matter. So ordered. Attorney Daniel J. Buzzetta for Optigenex, Inc. added. Attorney Michael A. Adler and Jonathan Temchin terminated. (Signed by Judge Andrew L. Carter, Jr on 3/19/2015) (rjm)
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| Filing 40 DECLARATION of Terry LaCore in Support re: #34 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by BHIP Global, Inc.. (Grace, Jenifer) |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by BHIP Global, Inc.. (Grace, Jenifer) |
| Filing 38 CERTIFICATE OF SERVICE of Declaration with Supporting Exhibits and Memorandum of Law served on bHIP Global, Inc. on 1/27/2015. Document filed by Optigenex, Inc., Optigenix, Inc.. (Temchin, Jonathan) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Optigenex, Inc., Optigenix, Inc.. (Temchin, Jonathan) |
| Filing 36 DECLARATION of Lee Anthony Worth in Opposition re: #34 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Optigenex, Inc., Optigenix, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Temchin, Jonathan) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by BHIP Global, Inc.. (Attachments: #1 Exhibit Exhibit A)(Grace, Jenifer) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction . Document filed by BHIP Global, Inc.. Responses due by 1/27/2015(Grace, Jenifer) |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss for Lack of Jurisdiction . Document filed by BHIP Global, Inc. Responses due by 1/27/2015 (Attachments: #1 Supplement Notice of Motion, #2 Exhibit Exhibit A to Motion)(Grace, Jenifer) Modified on 1/14/2015 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jenifer L Grace to RE-FILE Document #32 MOTION to Dismiss for Lack of Jurisdiction. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jenifer L Grace to RE-FILE Document #33 MOTION to Dismiss for Lack of Jurisdiction . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the attached Notice of Motion AS THE MOTION to Dismiss, then file and link any supporting documents. (db) |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction. Document filed by BHIP Global, Inc. Responses due by 1/27/2015(Grace, Jenifer) Modified on 1/14/2015 (db). |
| Filing 31 ANSWER to #29 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Optigenex, Inc.. Document filed by BHIP Global, Inc..(Grace, Jenifer) |
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Filing 30
ORDER denying #18 Motion for Preliminary Injunction. For the reasons stated on the record at the November 18, 2014 status conference, Plaintiff's Motion for Preliminary Injunction (ECF No. 18) is DENIED WITHOUT PREJUDICE.SO ORDERED.(Signed by Judge Andrew L. Carter, Jr on 1/05/2015) (ama)
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| Filing 29 FIRST AMENDED COMPLAINT against BHIP Global, Inc..Document filed by Optigenex, Inc.. (Attachments: #1 Exhibit EX. A, #2 Exhibit EX. B, #3 Exhibit EX. C, #4 Exhibit EX. D, #5 Exhibit EX. E, #6 Affidavit CERTIFICATE OF SERVICE)(Adler, Michael) |
| Filing 28 STATUS REPORT. Document filed by Optigenex, Inc..(Adler, Michael) |
| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/18/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 26 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/18/2014 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/19/2014. Redacted Transcript Deadline set for 12/29/2014. Release of Transcript Restriction set for 2/26/2015.(Rodriguez, Somari) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 11/18/2014. Jonathan Temchin, Michael Adler and Edward Petraglia for Plaintiff(s). Jenifer L. Grace, Norris Wolff and Terry La Core for Defendant(s). Joint status report due 12/2/14. Amended Complaint due by 12/9/2014. Motions due by 1/13/2015. Oppositions due by 1/27/2015. Replies, if any, due by 2/3/2015. (tdh) |
| Filing 25 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction, Memorandum of Law In Support of Motion, Declaration of Daniel Zwiren in Support of Motion, Declaration of Lee Anthony Worth in Support of Motion, Declaration of Michael A. Adler, Esq. in Support of Motion with Exhibits A-T served on DEFENDANTS on 11/17/2014. Document filed by Optigenex, Inc., Optigenix, Inc.. (Adler, Michael) |
| Filing 24 DECLARATION of MICHEAL A. ADLER, ESQ. WITH EXHIBITS A-T in Support re: #18 MOTION for Preliminary Injunction .. Document filed by Optigenex, Inc., Optigenix, Inc.. (Attachments: #1 Exhibit A PART 1, #2 Exhibit A PART 2, #3 Exhibit A PART 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T)(Adler, Michael) |
| Filing 23 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of MICHAEL A. ADLER, ESQ. in Support re: #18 MOTION for Preliminary Injunction .. Document filed by Optigenex, Inc., Optigenix, Inc. (Adler, Michael) Modified on 11/20/2014 (db). |
| Filing 22 DECLARATION of LEE ANTHONY WORTH in Support re: #18 MOTION for Preliminary Injunction .. Document filed by Optigenex, Inc., Optigenix, Inc.. (Adler, Michael) |
| Filing 21 DECLARATION of DANIEL ZWIREN in Support re: #18 MOTION for Preliminary Injunction .. Document filed by Optigenex, Inc., Optigenix, Inc.. (Adler, Michael) |
| Filing 20 MEMORANDUM OF LAW in Support re: #18 MOTION for Preliminary Injunction . . Document filed by Optigenex, Inc., Optigenix, Inc.. (Adler, Michael) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael A. Adler to RE-FILE Document #19 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #18 MOTION for Preliminary Injunction . . Document filed by Optigenex, Inc., Optigenix, Inc.. (Attachments: #1 DECLARATION OF DANIEL ZWIREN IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, #2 DECLARATION OF LEE ANTHONY WORTH IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, #3 DECLARATION OF MICHAEL A. ADLER, ESQ, IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, #4 Exhibit A - PART 1, #5 Exhibit A - PART 2, #6 Exhibit A - PART 3, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S, #25 Exhibit T, #26 Affidavit CERTIFICATE OF SERVICE)(Adler, Michael) Modified on 11/18/2014 (db). |
| Filing 18 MOTION for Preliminary Injunction . Document filed by Optigenex, Inc., Optigenix, Inc..(Adler, Michael) |
| Filing 17 NOTICE of MOTION. Document filed by Optigenex, Inc., Optigenix, Inc.. (Adler, Michael) |
| Filing 16 MEMO ENDORSEMENT on re: #15 REPLY re: 10 LETTER MOTION for Conference re: 9 Answer to Complaint, Counterclaim addressed to Judge Andrew L. Carter, Jr. from Michael A. Adler dated September 30, 2014. Document filed by BHIP Global, Inc. ENDORSEMENT: Plaintiff's request for a pre-motion conference is granted. Counsel should appear in person in Courtroom 1306 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, N.Y. on the date and time specified below. Counsel should also come prepared to discuss the issue of venue. November 18, 2014 at 2:45 p.m. (Pre-Motion Conference set for 11/18/2014 at 02:45 PM in Courtroom 1306, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/10/2014) (rjm) |
| Filing 15 REPLY re: #10 LETTER MOTION for Conference re: #9 Answer to Complaint, Counterclaim addressed to Judge Andrew L. Carter, Jr. from Michael A. Adler dated September 30, 2014. . Document filed by BHIP Global, Inc.. (Grace, Jenifer) |
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Filing 14
MEMO ENDORSEMENT on re: #10 LETTER MOTION for Conference re: #9 Answer to Complaint, Counterclaim addressed to Judge Andrew L. Carter, Jr. from Michael A. Adler dated September 30, 2014. filed by Optigenix, Inc., Optigenex, Inc. ENDORSEMENT: Defendant is directed to submit a response to this letter on or before October 27, 2014. So ordered. (Responses due by 10/27/2014) (Signed by Judge Andrew L. Carter, Jr on 10/24/2014) (rjm)
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| Filing 13 NOTICE OF APPEARANCE by Jenifer L Grace on behalf of BHIP Global, Inc.. (Grace, Jenifer) |
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Jenifer L. Grace to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 10/3/2014) (rjm)
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| Filing 11 NOTICE OF APPEARANCE by David Michael Schechter on behalf of BHIP Global, Inc.. (Schechter, David) |
| Filing 10 LETTER MOTION for Conference re: #9 Answer to Complaint, Counterclaim addressed to Judge Andrew L. Carter, Jr. from Michael A. Adler dated September 30, 2014. Document filed by Optigenex, Inc., Optigenix, Inc..(Adler, Michael) |
| Filing 9 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Optigenix, Inc.. Document filed by BHIP Global, Inc..(Grace, Jenifer) |
| Filing 8 MOTION for Jenifer L. Grace to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BHIP Global, Inc.. (Attachments: #1 Text of Proposed Order Order)(Grace, Jenifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Jenifer L. Grace to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BHIP Global, Inc..(Wolff, Norris) |
| Filing 6 NOTICE OF APPEARANCE by Norris David Wolff on behalf of BHIP Global, Inc.. (Wolff, Norris) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jenifer L. Grace to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10120199. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BHIP Global, Inc.. Return Date set for 9/23/2014 at 10:00 AM. (Attachments: #1 Text of Proposed Order Proposed Order)(Grace, Jenifer) Modified on 9/19/2014 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #5 MOTION for Jenifer L. Grace to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10120199. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing must issued from the Supreme Court of Texas with a Clerk of Court Signature. Re-file the document as a Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) |
| Filing 4 AFFIDAVIT OF SERVICE. Service was accepted by Jenifer Grace. Document filed by Optigenix, Inc.. (Temchin, Jonathan) |
| Filing 3 SEALED DOCUMENT placed in vault.(rz) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) |
| Filing 1 CIVIL COVER SHEET filed. (laq) (mqu). |
| Magistrate Judge Michael H. Dolinger is so designated. (laq) |
| Case Designated ECF. (laq) |
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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) (laq)
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