Garnish and Gather, LLC v. Target Corporation et al
| Garnish and Gather, LLC |
| TARGET CORPORATION and Target Brands, Inc. |
| 1:2019cv10404 |
| November 8, 2019 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on February 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 DECLARATION of Mark Keegan in Support re: #31 MOTION for Preliminary Injunction .. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit 1)(Pastore, Joseph) |
| Filing 44 DECLARATION of Joseph M. Pastore III in Support re: #31 MOTION for Preliminary Injunction .. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pastore, Joseph) |
| Filing 43 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION for Preliminary Injunction . . Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 42 DECLARATION of Peter M. Routhier in Opposition re: #31 MOTION for Preliminary Injunction .. Document filed by Target Brands, Inc., Target Corporation. (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, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Routhier, Peter) |
| Filing 41 DECLARATION of Carisa Janssen in Opposition re: #31 MOTION for Preliminary Injunction .. Document filed by Target Brands, Inc., Target Corporation. (Routhier, Peter) |
| Filing 40 MEMORANDUM OF LAW in Opposition re: #31 MOTION for Preliminary Injunction . . Document filed by Target Brands, Inc., Target Corporation. (Routhier, Peter) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/17/2019. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/12/2019. (Kotowski, Linda) |
Filing 39
MEMORANDUM ORDER denying #19 MOTION to Transfer Case to the District of Minnesota. For the foregoing reasons, Target has failed to demonstrate by "clear and convincing" evidence that the balance weighs "strongly -in --favor of"- transfer. In re Nematron Corp.- Sec. Litig., 30 F. Supp. 2d at 405. Accordingly, the Court denies Target's motion to transfer venue. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/9/2019) (jca)
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| Filing 38 ANSWER to #1 Complaint, #9 Complaint with JURY DEMAND., ANSWER to #1 Complaint, #9 Complaint with JURY DEMAND. Document filed by Target Brands, Inc., Target Corporation.(Wright, Lita Beth) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Target Corporation for Target Brands, Inc.. Document filed by Target Brands, Inc..(Wright, Lita Beth) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation.(Wright, Lita Beth) |
| Filing 35 AFFIDAVIT of Raymond P. Dowd in Support re: #31 MOTION for Preliminary Injunction .. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit 1)(Pastore, Joseph) |
| Filing 34 DECLARATION of Joseph M. Pastore III in Support re: #31 MOTION for Preliminary Injunction .. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Pastore, Joseph) |
| Filing 33 DECLARATION of Emily Golub in Support re: #31 MOTION for Preliminary Injunction .. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Pastore, Joseph) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION for Preliminary Injunction . . Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 31 MOTION for Preliminary Injunction . Document filed by Garnish and Gather, LLC. Return Date set for 12/11/2019 at 09:00 AM.(Pastore, Joseph) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Transfer Case to the District of Minnesota. . Document filed by Target Brands, Inc., Target Corporation. (Routhier, Peter) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/26/2019. (Kotowski, Linda) |
| Filing 29 AFFIDAVIT of Raymond P. Dowd in Opposition re: #19 MOTION to Transfer Case to the District of Minnesota.. Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 28 DECLARATION of Emily Golub in Opposition re: #19 MOTION to Transfer Case to the District of Minnesota.. Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 27 DECLARATION of Joseph M. Pastore III in Opposition re: #19 MOTION to Transfer Case to the District of Minnesota.. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Pastore, Joseph) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Transfer Case to the District of Minnesota. . Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for James R. Steffen to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 11/23/2019) (jwh)
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Peter M. Routhier to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 11/23/2019) (jwh) Modified on 11/26/2019 (jwh).
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Filing 23
ORDER denying without prejudice #6 Motion for TRO; terminating #7 Motion for Order to Show Cause: The plaintiff's motion for a temporary restraining order filed on November 11, 2019, ECF No. 6, is hereby denied without prejudice to refiling in compliance with the Court's individual rules. The docket clerk is directed to close both the motion for a temporary restraining order, ECF No. 6, and the motion for order to show cause, ECF No. 7. (Signed by Judge Jed S. Rakoff on 11/22/2019) (jwh)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 11/21/2019, ( Final Pretrial Conference set for 4/17/2020 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 22 DECLARATION of Peter M. Routhier in Support re: #19 MOTION to Transfer Case to the District of Minnesota.. Document filed by Target Brands, Inc., Target Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Routhier, Peter) |
| Filing 21 DECLARATION of Melissa Jungbauer in Support re: #19 MOTION to Transfer Case to the District of Minnesota.. Document filed by Target Brands, Inc., Target Corporation. (Routhier, Peter) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Transfer Case to the District of Minnesota. . Document filed by Target Brands, Inc., Target Corporation. (Routhier, Peter) |
| Filing 19 MOTION to Transfer Case to the District of Minnesota. Document filed by Target Brands, Inc., Target Corporation.(Routhier, Peter) |
| Filing 18 NOTICE OF APPEARANCE by Michael Lee on behalf of Garnish and Gather, LLC. (Lee, Michael) |
| Filing 17 NOTICE OF APPEARANCE by Melissa Rose McClammy on behalf of Garnish and Gather, LLC. (McClammy, Melissa) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/15/2019. (Kotowski, Linda) |
| Filing 16 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18072502. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Brands, Inc., Target Corporation. (Attachments: #1 Affidavit of Peter M. Routhier, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Routhier, Peter) |
| Filing 15 NOTICE OF APPEARANCE by Lita Beth Wright on behalf of Target Brands, Inc., Target Corporation. (Wright, Lita Beth) |
| Filing 14 MOTION for James R. Steffen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18072104. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Target Brands, Inc., Target Corporation. (Attachments: #1 Affidavit Declaration of James Steffen, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order proposed Order)(Steffen, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Peter M. Routhier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18072502. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for James R. Steffen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18072104. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 13
NOTICE OF COURT CONFERENCE: Initial Conference set for 11/21/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 11/13/2019) (cf)
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| Filing 12 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Target Corporation. (pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Target Brands, Inc.. (pc) |
| Filing 9 COMPLAINT against TARGET CORPORATION, Target Brands, Inc.. Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Pastore, Joseph) |
| Filing 8 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Pastore, Joseph) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Joseph M. Pastore, III to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph M. Pastore to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph M. Pastore. The party information for the following party/parties has been modified: TARGET CORPORATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 7 MOTION for Order to Show Cause Regarding TRO. Document filed by Garnish and Gather, LLC.(Pastore, Joseph) |
| Filing 6 MOTION for Temporary Restraining Order . Document filed by Garnish and Gather, LLC. (Attachments: #1 Affidavit of Raymond Dowd, #2 Declaration of Emily Golub, #3 Declaration of Joseph M. Pastore III, Esq.)(Pastore, Joseph) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Target Brands, Inc., re: #1 Complaint. Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Target Corporation, re: #1 Complaint. Document filed by Garnish and Gather, LLC. (Pastore, Joseph) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Garnish and Gather, LLC.(Pastore, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Pastore, Joseph) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17956087)Document filed by Garnish and Gather, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Pastore, Joseph) Modified on 11/12/2019 (pc). |
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