FRHUEB, Inc v. Sabino De Freitas Abdala et al
| Fadua Miguel Hueb, Rogerio Hueb Abdala and FR Hueb LTDA (Brazil) |
| FRHUEB, Inc |
| Thiago Sabino De Freitas Abdala and Priscila Patto |
| FR Hueb International, Ltd., Rihen Mehta, Soigne Kothari and Priti Mehta |
| 1:2021cv07395 |
| September 2, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Katharine H Parker |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 183
MOTION to Dismiss . Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit Registered Trademarks, #2 Exhibit Registered Trademarks, #3 Exhibit Assignment, #4 Exhibit Passports, #5 Exhibit Amended Answer, #6 Exhibit Name Searches, #7 Exhibit Trademark Office Record, #8 Exhibit Email Communications, #9 Exhibit July 2007 Hueb Article, #10 Exhibit Trademark Assignments, #11 Exhibit Trademark Office Procedures).(Moskowitz, Max)
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Filing 182
ORDER. By September 8, 2023, the parties shall file a letter setting forth the status of discovery, noting whether there are any discovery disputes that need resolution by the Court because they could not be resolved through a good faith meet and confer process, and stating whether they wish to schedule another settlement conference with the Court. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 8/9/2023 - Microsoft Teams (ca)
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Filing 181
MEMO ENDORSEMENT on re: #180 Letter, filed by Thiago Sabino De Freitas Abdala, Priscila Patto. ENDORSEMENT: APPLICATION GRANTED: The settlement conference in this matter previously scheduled for Wednesday, August 9, 2023 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. ( Settlement Conference set for 8/9/2023 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/30/2023) (vfr)
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Filing 180
CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Defendants dated 07/28/2023 re: request to hold settlement conference virtually. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A).(Carmadella, Jeannette)
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Filing 179
JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jeannette Maurer Carmadella and Max Moskowitz dated June 30, 2023 re: Order for Joint Letter re Deposition Schedule. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A).(Carmadella, Jeannette)
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Filing 178
MEMO ENDORSEMENT on re: #177 Letter terminating #176 Letter Motion for Conference addressed to Magistrate Judge Katharine H. Parker from Max Moskowitz dated June 15, 2023. ENDORSEMENT: The parties shall cooperate to establish, by no later than June 30, the deposition schedule in this case and provide a letter to the Court with the agreed-upon schedule by that date. With respect to the motion to strike at ECF No. 176, no conference shall be required. The motion shall be filed by August 21, 2023. The deadline for any opposition is September 11, 2023. The deadline to reply is September 18, 2023. The Clerk of the Court is respectfully requested to close the motion at ECF No. 176. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/21/2023) (vfr)
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Set/Reset Deadlines: Motions due by 8/21/2023. Responses due by 9/11/2023 Replies due by 9/18/2023. (vfr)
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Filing 177
LETTER addressed to Magistrate Judge Katharine H. Parker from Max Moskowitz and Jeannette Maurer Carmadella dated June 20, 2023 re: Order for Joint Status Letter (Dkt. No. 175). Document filed by FRHUEB, Inc..(Moskowitz, Max)
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Filing 176
LETTER MOTION for Conference (Pre-Motion Letter) addressed to Magistrate Judge Katharine H. Parker from Max Moskowitz dated June 15, 2023. Document filed by FRHUEB, Inc..(Moskowitz, Max)
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Filing 175
MEMO ENDORSEMENT on re: #174 Letter filed by FR Hueb International, Ltd., FRHUEB, Inc. ENDORSEMENT: The Courts thanks the parties for the update. By June 21, 2023, the parties shall file a joint status letter, including updates regarding discovery. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/23/2023) (vfr)
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Filing 174
LETTER addressed to Magistrate Judge Katharine H. Parker from Max Moskowitz and Jeannette Maurer Carmadella dated May 19, 2023 re: Discovery Disputes. Document filed by FR Hueb International, Ltd., FRHUEB, Inc..(Moskowitz, Max)
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Filing 173
STIPULATION OF VOLUNTARY DISMISSAL OF CLAIMS AND COUNTERCLAIMS AGAINST ADDITIONAL PARTIES: IT IS HEREBY STIPULATED AND AGREED between the parties that: 1) Plaintiff withdraws its First Amended Complaint (Doc. 143) against the individuals Fadua Miguel Hueb and Rogerio Hueb Abdala, and the entity FR Hueb LTDA (Brazil), without prejudice; 2) Defendants withdraw their Amended Answer (Doc. 138) against FR Hueb International, LTD, Rihen Mehta, Soigne Kothari, and Priti Mehta, without prejudice; and 3) The parties in this case are Plaintiff FRHUEB Inc. and Defendants THIAGO SABINO DE FREITAS ABDALA and PRISCILA PATTO. SO ORDERED. FR Hueb LTDA (Brazil), Fadua Miguel Hueb, Soigne Kothari, Priti Mehta, Rihen Mehta, Rogerio Hueb Abdala and FR Hueb International, Ltd. terminated. (Signed by Judge Ronnie Abrams on 5/3/2023) (kv)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #172 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 172
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Rogerio Hueb Abdala, FR Hueb International, Ltd., FR Hueb LTDA (Brazil), Fadua Miguel Hueb, Soigne Kothari, Priti Mehta, Rihen Mehta pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Carmadella, Jeannette)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jeannette Carmadella. RE-FILE Document No. #171 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
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Filing 171
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Rogerio Hueb Abdala, FR Hueb International, Ltd., FR Hueb LTDA (Brazil), Fadua Miguel Hueb, Soigne Kothari, Priti Mehta, Rihen Mehta pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Carmadella, Jeannette) Modified on 5/1/2023 (tp).
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Filing 170
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Wednesday, August 9, 2023 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Updated pre-conference submissions must be received by the Court no later than August 2, 2023 by 5:00 p.m. SO ORDERED. ( Settlement Conference set for 8/9/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/25/2023) (vfr)
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Filing 169
ORDER: As discussed at the April 24, 2023 case management conference, Defendants shall provide Plaintiff with documentation regarding discovery disputes, and the parties shall meet and confer. By May 24, 2023, the parties shall write a joint status letter to the Court. The fact discovery deadline in this case is October 31, 2023. In light of the parties' representation on the record that they withdraw claims and counterclaims asserted against additional parties at ECF No. 138 and ECF No. 143, the parties shall file a stipulation of voluntary dismissal by May 1, 2023. SO ORDERED. ( Fact Discovery due by 10/31/2023.) (Signed by Magistrate Judge Katharine H. Parker on 4/25/2023) (vfr)
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Filing 168
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephonic Case Management Conference / Discovery / Scheduling / Status - held on 4/24/2023 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line (ca)
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Filing 167
MEMO ENDORSEMENT on re: #166 Letter request to hold case management conference via telephone conference, filed by FR Hueb LTDA (Brazil), Fadua Miguel Hueb, Thiago Sabino De Freitas Abdala, Priscila Patto, Rogerio Hueb Abdala. ENDORSEMENT : APPLICATION GRANTED: The Case Management Conference in this matter scheduled for Monday, April 24, 2023, at 11:00 a.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. APPLICATION GRANTED. ( Telephone Conference set for 4/24/2023 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/16/23) (yv)
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Filing 166
LETTER addressed to Magistrate Judge Katharine H. Parker from Defendants' counsel dated 04/14/2023 re: Parties request to hold case management conference via telephone conference. Document filed by Rogerio Hueb Abdala, FR Hueb LTDA (Brazil), Fadua Miguel Hueb, Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A).(Carmadella, Jeannette)
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Filing 165
MEMO ENDORSEMENT on re: #164 Letter, filed by FR Hueb International, Ltd., Soigne Kothari, Rihen Mehta, Priti Mehta, FRHUEB, Inc. ENDORSEMENT: The stay in this case is lifted, and the parties shall continue with discovery. A case management conference is scheduled for April 24, 2023 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The parties shall be prepared to discuss remaining discovery and any modifications to the deadlines at the upcoming conference. SO ORDERED. ( Case Management Conference set for 4/24/2023 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/1/2023) (vfr)
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Case Stay Lifted. (vfr)
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Filing 164
LETTER addressed to Magistrate Judge Katharine H. Parker from Parties' Counsel: Max Moskowitz and Jeannette Maurer Carmadella dated February 27, 2023 re: Update on status of related proceeding in the courts of Dubai, United Arab Emirates. Document filed by FR Hueb International, Ltd., FRHUEB, Inc, Soigne Kothari, Priti Mehta, Rihen Mehta..(Moskowitz, Max)
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Filing 163
MEMO ENDORSEMENT on re: #162 Letter, filed by FR Hueb International, Ltd., Soigne Kothari, Rihen Mehta, Priti Mehta, FRHUEB, Inc. ENDORSEMENT: The Court thanks the parties for the update. In light of the Defendants' representation that they have not received the final ruling in the foreign proceeding, the Court requests an additional status letter upon receipt of the final ruling and an update on the parties' position. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/3/2023) (vfr)
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Filing 162
LETTER addressed to Magistrate Judge Katharine H. Parker from Counsel for All Parties (i.e., Joint Letter) dated December 29, 2022 re: The Court's Order dated September 30, 2022 (Doc. No. 157 - "the Stay Order"). Document filed by FR Hueb International, Ltd., FRHUEB, Inc, Soigne Kothari, Priti Mehta, Rihen Mehta..(Peikes, Ariel)
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Filing 161
NOTICE OF APPEARANCE by Ariel Samuel Peikes on behalf of FR Hueb International, Ltd., FRHUEB, Inc, Soigne Kothari, Priti Mehta, Rihen Mehta..(Peikes, Ariel)
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Filing 160
NOTICE OF APPEARANCE by Max Moskowitz on behalf of FR Hueb International, Ltd., FRHUEB, Inc, Soigne Kothari, Priti Mehta, Rihen Mehta..(Moskowitz, Max)
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Filing 159
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/6/2022 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....(McGuirk, Kelly)
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Filing 158
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/6/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Patricia Nilsen, (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 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023..(McGuirk, Kelly)
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Filing 157
OPINION AND ORDER ON MOTION TO STAY re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings filed by Thiago Sabino De Freitas Abdala, Priscila Patto. For the reasons stated above, Defendants' motion to stay is GRANTED. To be clear, this stay does not limit the parties' rights in seeking the Court's intervention regarding the interim injunction currently in place at ECF No. 135. The parties shall submit a joint letter updating the Court of the status of the Foreign Proceeding within 90 days of this Opinion and Order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/30/2022) (vfr)
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Case Stayed (vfr)
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Filing 156
REPLY MEMORANDUM OF LAW in Support re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings. . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 155
DECLARATION of Patrick Papalia in Opposition re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings.. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Redacted Version of Dubai Complaint, #2 Exhibit B - Dubai Court "Preliminary Judgment" of July 27, 2022).(Papalia, Patrick)
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Filing 154
MEMORANDUM OF LAW in Opposition re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings. . Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 153
MEMO ENDORSEMENT on re: #152 Letter filed by Thiago Sabino De Freitas Abdala, Priscila Patto. ENDORSEMENT: Application granted. The preliminary injunction hearing scheduled for October 5, 2022 is hereby adjourned sine die. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/9/2022) (tg)
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Filing 152
JOINT LETTER addressed to Judge Ronnie Abrams from the Parties dated 09/09/2022 re: Response to the Court's Order dated September 7, 2022. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 151
ORDER: If the parties intend to proceed with the preliminary injunction hearing on October 5, 2022, they shall file the joint letter described in the Court's July 6, 2022 Order and copies of each of the parties' exhibits by no later than September 14, 2022. (Signed by Judge Ronnie Abrams on 9/7/2022) (ate)
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Filing 150
ORDER granting #149 Letter Motion to Stay re: #149 LETTER MOTION to Stay addressed to Judge Ronnie Abrams from Patrick Papalia, Esq. dated August 29, 2022. Application Granted. As this action is referred to me for general pretrial supervision, the parties are reminded to address scheduling matters to the undersigned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/30/2022) (rro)
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Set/Reset Deadlines: Responses due by 9/12/2022 (rro)
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Filing 149
LETTER MOTION to Stay addressed to Judge Ronnie Abrams from Patrick Papalia, Esq. dated August 29, 2022. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 148
DECLARATION of Thiago Hueb Abdala in Support re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings.. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 147
MEMORANDUM OF LAW in Support re: #146 MOTION to Stay Pending Outcome of Foreign Proceedings. . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 146
MOTION to Stay Pending Outcome of Foreign Proceedings. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Text of Proposed Order proposed order).(Carmadella, Jeannette)
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Filing 145
ORDER: granting #144 Letter Motion for Extension of Time. The briefing schedule for the parties' motions to dismiss, set by the Court's Order dated July 14, 2022, shall be extended until two weeks after a decision on Defendants' motion to stay. The motion to stay shall be filed by no later than August 18, 2022. In light of the fact that requests to stay fall under the purview ofthe magistrate judge overseeing general pretrial matters, Judge Parker will address Defendants' motion to stay once filed. SO ORDERED. Motions due by 8/18/2022. (Signed by Judge Ronnie Abrams on 8/11/2022) (ama)
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Filing 144
LETTER MOTION for Extension of Time for parties to file Motions to Dismiss Pending Disposition of Defendants' Motion to Stay pending outcome of Foreign Proceeding addressed to Judge Ronnie Abrams from Defendants' counsel dated 08/10/2022. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Affidavit Declaration of J. Carmadella, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D).(Carmadella, Jeannette)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeannette Maurer Carmadella to RE-FILE Document No. #142 Request for Issuance of Summons, #141 Request for Issuance of Summons, #139 Request for Issuance of Summons, #140 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 143
AMENDED COMPLAINT amending #1 Complaint, against Priscila Patto, Thiago Sabino De Freitas Abdala, Fadua Miguel Hueb, Rogerio Hueb Abdala, FR Hueb LTDA (Brazil) with JURY DEMAND.Document filed by FRHUEB, Inc. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - Hueb Trademark #1, #2 Exhibit B - Hueb Trademark #2, #3 Exhibit C - Hueb Trademark #3).(Papalia, Patrick)
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Filing 142
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Soigne Kothari, re: #138 Amended Counterclaim,,,. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette) Modified on 7/26/2022 (vf).
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Filing 141
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FR Hueb International Ltd., re: #138 Amended Counterclaim,,,. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette) Modified on 7/26/2022 (vf).
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Filing 140
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Priti Mehta, re: #138 Amended Counterclaim,,,. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette) Modified on 7/26/2022 (vf).
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Filing 139
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Rihen Mehta, re: #138 Amended Counterclaim,,,. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette) Modified on 7/26/2022 (vf).
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Filing 138
AMENDED COUNTERCLAIM amending #63 Amended Answer to Complaints, Counterclaim,, against FRHUEB, Inc, FR Hueb International, Ltd., Rihen Mehta, Soigne Kothari, Priti Mehta.Document filed by Thiago Sabino De Freitas Abdala, Priscila Patto. Related document: #63 Amended Answer to Complaints, Counterclaim,,. (Attachments: #1 Exhibit A - Mehta Business Proposal, #2 Exhibit B- Memo of Association, #3 Exhibit C- Hueb Registrations, #4 Exhibit D- MOU Transfer, #5 Exhibit E- Certificate of Incumbency, #6 Exhibit F- Wiki Page, #7 Exhibit G - Instagram, #8 Exhibit H- Hueb Website, #9 Exhibit I- Department Stores, #10 Exhibit J- Neiman Marcus, #11 Exhibit K- Order Granting Motion to Amend).(Carmadella, Jeannette)
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Filing 137
MEMO ENDORSEMENT on re: #136 Letter filed by FRHUEB, Inc. ENDORSEMENT: Application granted. SO ORDERED. ( Amended Pleadings due by 7/22/2022., Brief due by 9/13/2022., Motions due by 8/15/2022., Responses due by 8/31/2022, Replies due by 9/9/2022., Reply to Response to Brief due by 9/20/2022.) (Signed by Judge Ronnie Abrams on 7/14/2022) (tg)
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Filing 136
JOINT LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated July 13, 2022 re: Joint Letter with Proposed Briefing Schedule Pursuant to Court's July 6, 2022 Order. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 135
ORDER: denying #87 Motion to Dismiss; granting #101 Motion to Amend/Correct #87 MOTION to Dismiss., #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim. For the reasons stated at today's conference, the Court denies Plaintiff's request to hold Defendants in civil contempt for violating the interim injunction, and partially grants its renewed request to broaden the scope of the interim injunction. Specifically, Defendants shall not utilize "thehuebs.com" domain in connection with the sale of jewelry without a simultaneous disclaimer that "thehuebs.com" is not connected or affiliated with the Hueb jewelry brand. The remainder of Plaintiff's requests for injunctive relief are denied. Additionally, for the reasons stated at today's conference, Defendants' motion to amend the answer and counterclaims is granted, and Plaintiff's motion to dismiss the counterclaims is denied as moot. By no later than July 13, 2022, the parties shall submit a joint proposed briefing schedule for the submission of any amended complaint, amended answer, renewed motion todismiss, and any additional briefing on the preliminary injunction application. The interim injunction that is set to expire on September 30, 2022, see Dkt. 121, is hereby extended to October 5, 2022. By September 6, 2022, the parties shall submit a joint letter that includes a list of all witnesses the parties intend to call at the October 5, 2022 preliminary injunction hearing, indicating whether they would like such witnesses to testify live or by affidavit, and a brief summary of the substance of each witness's testimony. The letter shall also contain a list by each party of exhibits to be offered at the hearing, with an indication by exhibit number as to whether any party objects to the exhibits. The objecting party must include a brief statement that makes clear the basis for its objection and provide any necessary supporting authority. Together with such letter, the parties shall also provide a copy of each of the exhibits. Finally, the parties shall also advise whether they prefer to hold the hearing in person or via videoconference. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 87, 101, and 122. SO ORDERED.. (Signed by Judge Ronnie Abrams on 7/06/2022) (ama)
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Filing 134
REPLY re: #132 Opposition Brief . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 133
ORDER: As discussed at yesterdays preliminary injunction hearing, the Court will hold a second conference this afternoon at 4:30 p.m. This conference will be held remotely via Microsoft Teams. Members of the public may access the proceeding by using the following dial-in information: (646) 453-4442; Access Code: 977 824 289. The Court will provide the parties with the link to access the Microsoft Teams videoconference in advance of the hearing. SO ORDERED. Status Conference set for 7/6/2022 at 04:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/6/2022) (kv)
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Filing 132
OPPOSITION BRIEF re: #122 Proposed Order to Show Cause With Emergency Relief,,, Requested Case Supplement for Plaintiff's Pending OTSC for Injunctive Relief. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Set/Reset Hearings: Status Conference set for 10/5/2022 at 11:00 AM before Judge Ronnie Abrams. (ama)
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Set/Reset Deadlines: Motions due by 7/13/2022. (ama)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Motion Hearing held on 7/6/2022 re: #87 MOTION to Dismiss . filed by FRHUEB, Inc, #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . filed by Thiago Sabino De Freitas Abdala, Priscila Patto. (Court Reporter Patricia Nilson) (arc)
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Filing 131
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated July 5, 2022 re: As Directed by Court, Case Supplement to be Filed by 2 p.m. Tomorrow. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 130
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated July 5, 2022 re: Parties Unable to Agree on Additional Injunction Language. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Motion Hearing held on 7/5/2022 re: #87 MOTION to Dismiss . filed by FRHUEB, Inc, #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . filed by Thiago Sabino De Freitas Abdala, Priscila Patto. (Court Reporter Sharonda Jones) (arc)
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Filing 129
OPPOSITION BRIEF re: #122 Proposed Order to Show Cause With Emergency Relief,,, Plaintiff's OTSC Reply - Only way to file on ECF and have it link to correct filing. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit Email to Defendants' Counsel Serving Plaintiff's November 2020 Letters and Accompanying Production).(Papalia, Patrick)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 6/30/2022. (ca)
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Filing 128
MEMO ENDORSEMENT on re: #127 Letter filed by FRHUEB, Inc. ENDORSEMENT: Application denied. Pending the July 5, 2022 hearing, however, Defendants shall refrain from contacting Plaintiff's customers or any other business engaged in the sale of jewelry regarding the use of the "Hueb" mark in connection with the sale of jewelry. The July 5, 2022 hearing will be held remotely via Microsoft Teams. Members of the public may access the proceeding by using the following dial-in information: (646) 453-4442; Access Code: 635 844 359. The Court will provide the parties with the link to access the Microsoft Teams videoconference in advance of the hearing. (Signed by Judge Ronnie Abrams on 6/22/2022) (ate)
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Filing 127
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated June 22, 2022 re: Request to Restore Original Injunction Hearing of June 24, 2022. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 126
ORDER: In light of the fact that Judge Parker has scheduled a conference for June 30, 2022, this Court's conference to address Plaintiff's motion for a preliminary injunction and to enforce the interim injunction previously scheduled for June 24, 2022 is hereby adjourned to July 5, 2022 at 3:00 p.m. The parties shall advise the Court as to whether they would prefer to appear remotely or in person. ( Status Conference set for 7/5/2022 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/22/2022) (ate)
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Filing 125
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter to discuss issues raised in the recent motion for injunctive relief is scheduled for Thursday, June 30, 2022 at 11:45 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 6/30/2022 at 11:45 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/21/2022) (vfr)
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Filing 124
LETTER addressed to Judge Ronnie Abrams from Defendants' counsel dated 06/20/2022 re: Response to Plaintiff's request for temporary injunctive relief. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A - Letter from Rihen Mehta to Retail Partners re Thiago Hueb, #2 Exhibit B- Court Transcript).(Carmadella, Jeannette)
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Filing 123
ORDER: The Court will hold a telephone conference on Monday, June 20, 2022 at 11:00 a.m. to address the temporary injunctive relief Plaintiff requests. If Defendants intend to respond in writing prior to the conference, they shall do so by June 20, 2022 at 10:00 a.m. The parties shall use the following dial-in information to access the TRO conference: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. The Court will address Plaintiff's motion for a preliminary injunction and to enforce the interim injunction on Friday, June 24, 2022 at 1:15 p.m. The hearing will be conducted via Microsoft Teams videoconference. Any response to Plaintiff's recent submission shall be filed by June 22 at 12:00 p.m., and any reply shall be filed by June 23 at 12:00 p.m. The Court will provide the parties with the Microsoft Teams link prior to the preliminary injunction conference. Members of the public may access the conference by using the following dial-in information: (646) 453-4442; Access Code: 631 980 185. SO ORDERED., ( Responses due by 6/22/2022, Replies due by 6/23/2022., Telephone Conference set for 6/20/2022 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/17/2022) (ama)
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Filing 122
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by FRHUEB, Inc. (Attachments: #1 Supplement Accompanying Memorandum of Law, #2 Affidavit Declaration of Rihen Mehta, #3 Exhibit A to Mehta Decl. - Redacted Egregious Letter, #4 Exhibit B to Mehta Decl. - Redacted Email from Top Customer Cancelling Business, #5 Affidavit Declaration of Patrick Papalia, #6 Exhibit A to Papalia Decl. - Interim Injunction Order, #7 Exhibit B to Papalia Decl. - Extension order, #8 Exhibit C to Papalia Decl. - Most Recent Extension Order, #9 Exhibit D to Papalia Decl. - Cease and Desist Letter to Defendants, #10 Exhibit E to Papalia Decl. - Defendants' Response to Letter, #11 Exhibit F to Papalia Decl. - Egregious Letters Thiago Abdala Sent to Plaintiff's Customers) Related Document Number: #78 ..(Papalia, Patrick) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #122 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 121
STIPULATION EXTENDING INTERIM RESOLUTION OF PLAINTIFF'S INJUNCTION APPLICATION: IT IS HEREBY STIPULATED AND AGREED between the parties that the Interim Resolution is hereby extended until September 30, 2022. IT IS on this 2nd day of June 2022: ORDERED that: 1. The provisions of the Interim Resolution hereby are extended and the new expiration date is September 30, 2022, as per the agreement of the Parties. 2. The hearing on Plaintiffs injunction application, currently set for June 16, 2022, will be adjourned until October 5, 2022 at 11:00 a.m. ( Status Conference set for 10/5/2022 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/2/2022) (ate)
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Filing 120
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from the Parties dated June 1, 2022. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit Joint Stipulation Extending Interim Resolution to September 30, 2022, #2 Text of Proposed Order Proposed Order).(Carmadella, Jeannette)
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Filing 119
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated April 21, 2022 re: Informing Court that Thiago Actively Litigating Dubai Action. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 118
ORDER ENTERING INTERIM RESOLUTION OF PLAINTIFF'S INJUNCTION APPLICATION granting #117 Letter Motion to Adjourn Conference. IT IS on this 15th day of April 2022: ORDERED that: 1. The provisions of the Interim Resolution hereby are extended and the new expiration date is June 30, 2022, as per the agreement of the Parties. 2. The hearing on Plaintiff's injunction application, currently set for April 21, 2022, will be adjourned until June 16, 2022 at 11:00 a.m. Status Conference set for 6/16/2022 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/15/2022) (mml)
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Filing 117
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Joint Letter - The Parties dated April 14, 2022. Document filed by FRHUEB, Inc. Return Date set for 4/21/2022 at 11:00 AM. (Attachments: #1 Exhibit Joint Stipulation Extending Interim Resolution to June 30, 2022, #2 Text of Proposed Order).(Papalia, Patrick)
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Filing 116
ORDER FOR ADMISSION PRO HAC VICE: The motion of Ethan Barr for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (And as further set forth herein.) (Signed by Magistrate Judge Katharine H. Parker on 4/5/2022) (jca)
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Filing 115
ORDER granting #114 Motion for Ethan Barr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #114 MOTION for Ethan Barr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25949790. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 114
MOTION for Ethan Barr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25949790. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order, #3 Affidavit Affidavit in Support of Motion to Admit Pro Hac Vice).(Barr, Ethan)
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Filing 113
REPLY MEMORANDUM OF LAW in Support re: #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 112
MEMO ENDORSEMENT on re: #111 Letter, filed by FRHUEB, Inc. ENDORSEMENT: APPLICATION GRANTED. The Court has reviewed Plaintiff's request and upon consultation with Judge Abrams, judicial economy would be best served if the pending motions were decided together. Accordingly, Plaintiff's motion to dismiss (ECF No. 87) and Defendants' motion to amend (ECF No. 101) will be decided by Judge Abrams in due course. (Signed by Magistrate Judge Katharine H. Parker on 3/24/2022) (vfr)
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Filing 111
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated March 22, 2022 re: Suggestion That Two Pending Dispositive Motions Be Heard Together Due to Substantial Similarities. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 110
REPLY AFFIDAVIT of Patrick Papalia in Support re: #87 MOTION to Dismiss .. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit 1 - June 2011 Memorandum of Understanding, #2 Exhibit 2 - September 16, 2016 Agreement for Addendum to FR Hueb International Memorandum of Association, #3 Exhibit 3 - Translated English and Original Arabic of Dubai Lawsuit Filed by Rihen Mehta against Thiago, #4 Exhibit 4 - Translated English and Original Arabic of "case summary/status" document from Dubai courts concerning Dubai lawsuit against Thiago).(Papalia, Patrick)
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Filing 109
REPLY MEMORANDUM OF LAW in Support re: #87 MOTION to Dismiss . . Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 108
ORDER ENTERING INTERIM RESOLUTION OF PLAINTIFF'S INJUNCTION APPLICATION granting #107 Letter Motion to Adjourn Conference. IT IS on this 21st day of March 2022: ORDERED that: 1. The provisions of the Interim Resolution hereby are extended and the new expiration date is April 23, 2022, as per the agreement of the Parties. 2. The hearing on Plaintiff's injunction application, currently set for March23, 2022, will be adjourned until April 21, 2022 at 11:00 a.m., which is on or prior to April 23, 2022. Status Conference set for 4/21/2022 at 11:00 AM before Judge Ronnie Abrams.. (Signed by Judge Ronnie Abrams on 3/21/2022) (ate)
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Filing 107
JOINT LETTER MOTION to Adjourn Conference Injunction Hearing Scheduled on March 23, 2022 addressed to Judge Ronnie Abrams from Joint Letter - The Parties dated March 21, 2022. Document filed by FRHUEB, Inc. Return Date set for 3/23/2022 at 11:00 AM. (Attachments: #1 Exhibit A - Parties' Joint Stipulation, #2 Text of Proposed Order).(Papalia, Patrick)
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Filing 106
DECLARATION of Patrick Papalia in Opposition re: #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, .. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit 1 - 2021 Assignment Agreement, #2 Exhibit 2 - June 22, 2011 Memorandum of Understanding, #3 Exhibit 3 - Commercial terms discussed on July 28, 2016 Contract, #4 Exhibit 4 - September 16, 2016 Agreement for Addendum to Memorandum of Association FR Hueb International Limited, #5 Exhibit 5 - March 4, 2018 Memorandum of Understanding, #6 Exhibit 6 - Original English and Translated Arabic Lawsuit Against Thiago Filed in Dubai, #7 Exhibit 7 - Original English and Translated Arabic Case Summary/Status Document for Pending Dubai Lawsuit, #8 Exhibit 8 - March 17, 2022 Legal Opinion from UAE Law Firm).(Papalia, Patrick)
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Filing 105
MEMORANDUM OF LAW in Opposition re: #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . . Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 3/17/2022. (ca)
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Filing 104
LETTER addressed to Magistrate Judge Katharine H. Parker from the Parties (joint letter) dated March 7, 2022 re: Joint Letter Pursuant to Court's February 3, 2022 Order on Depositions and Hague Convention. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 103
DECLARATION of Jeannette M. Carmadella, Esq. in Support re: #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, .. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A, #2 Exhibit B).(Carmadella, Jeannette)
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Filing 102
MEMORANDUM OF LAW in Support re: #101 MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 101
MOTION to Amend/Correct #63 Amended Answer to Complaints, Counterclaim,, . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Text of Proposed Order).(Carmadella, Jeannette)
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Filing 100
LETTER addressed to Magistrate Judge Katharine H. Parker from Patrick Papalia dated 02-17-2022 re: Plaintiff does not consent to Defendants' filing of Second Amended Answer and Counterclaim and submits its proposal of briefing schedule. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 99
MEMO ENDORSEMENT on re: #98 Letter, filed by Thiago Sabino De Freitas Abdala, Priscila Patto. ENDORSEMENT: The Court adopts the parties' proposed briefing schedule. So Ordered. (Motions due by 3/4/2022., Responses due by 3/18/2022, Replies due by 3/25/2022.) (Signed by Magistrate Judge Katharine H. Parker on 2/18/2022) (js)
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Filing 98
JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Defendants' counsel dated 02/17/2022 re: Defendants' proposed amended pleading. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 97
ORDER: As discussed during today's Case Management Conference, the Court orders the following: Defendants shall provide a copy of their proposed amended pleading to Plaintiff by February 10, 2022. By February 17, 2022, the parties shall file a joint letter indicating whether Plaintiff consents to the filing of the amended pleading, and if Plaintiff opposes, the parties shall propose a briefing schedule for the Court's consideration. The parties shall complete fact discovery by August 31, 2022. The parties shall file a joint status letter by March 7, 2022. The parties are reminded that they must meet and confer in good faith to resolve any issues prior to raising them with the court and follow the Court's rules when requesting court intervention. SO ORDERED. ( Fact Discovery due by 8/31/2022.) (Signed by Magistrate Judge Katharine H. Parker on 2/3/2022) (vfr)
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Filing 96
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Discovery / Case Management/ Scheduling / Status Conference held on 2/3/2022 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line. (ca)
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Filing 95
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated February 2, 2022 re: Response to Defendants' Incorrect February 2, 2022 Letter - Since the Motion to Dismiss is Pending Before Judge Abrams Your Honor's Individual Rules Do Not Apply - Defendants Must File a Motion for Leave to File a Second Amended Answer and Counterclaim. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 94
LETTER addressed to Magistrate Judge Katharine H. Parker from Defendants' counsel dated 02/02/2022 re: Plaintiff's failure to hold conference of counsel prior to filing Motion to Dismiss and Defendants' request for an opportunity to amend the subject pleadings. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 93
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated February 2, 2022 re: Dispute referred to Court by Judge Abrams, Should Be Discussed During Tomorrow Morning's Discovery Conference - Defendants' Impermissible Attempt to File a Second Amended Answer and Counterclaim as of Right When Already Used One Amendment as of Right. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Letter from Defendants to Judge Abrams, #2 Exhibit B - Opposition Letter from Plaintiff).(Papalia, Patrick)
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Filing 92
MEMO ENDORSEMENT on re: #91 Letter, filed by FRHUEB, Inc. ENDORSEMENT: In light of the order referring all general pretrial matters in this case to Judge Parker, Dkt. 42, the parties shall raise these issues before Judge Parker. (Signed by Judge Ronnie Abrams on 2/2/2022) (ate)
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NOTICE TO COUNSEL: REMINDER of the Discovery Conference scheduled for Thursday, February 3, 2022, at 10:00 a.m. Please dial (866) 434-5269; access code 4858267 re: #86 Memo Endorsement.(ca)
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Filing 91
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated February 1, 2022 re: Opposition to Defendants' Incorrect Claim that a Second Amended Answer and Counterclaim can be filed as of right - Need to File a Motion for Leave to Amend. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 90
MEMORANDUM OF LAW in Opposition re: #87 MOTION to Dismiss . . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A).(Carmadella, Jeannette)
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Filing 89
LETTER addressed to Judge Ronnie Abrams from Defendants' counsel dated 01/28/2022 re: Notification per local rules regarding Plaintiff's Motion to Dismiss and Defendants' intent to amend pleading. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 88
NOTICE OF APPEARANCE by Bruce Michael Gorman, Jr on behalf of FRHUEB, Inc..(Gorman, Bruce)
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Filing 87
MOTION to Dismiss . Document filed by FRHUEB, Inc. (Attachments: #1 Supplement Supporting Memorandum of Law, #2 Affidavit of Patrick Papalia, #3 Exhibit 1 - Amended Answer and Counterclaims, #4 Exhibit 2 - 2011 Assignment, #5 Exhibit 3 - 2013 Amendment to the 2011 Assignment, #6 Exhibit 4 - 2014 Amendment to the 2011 Assignment, #7 Exhibit 5 - 234 Registration, #8 Exhibit 6 - 233 Registration, #9 Exhibit 7 - 274 Registration, #10 Exhibit 8 - May 25, 2016 Trademark Sale & Purchase Agreement, #11 Exhibit 9 - May 26, 2016 Trademark Assignment and Release Agreement, #12 Exhibit 10 - Commercial Terms discussed on July 28, 2016, #13 Exhibit 11 - September 16, 2016 Amendment of FR Hueb International's Memorandum of Association, #14 Exhibit 12 - October 1, 2019 License Agreement between FR Hueb International and FRHUEB, Inc., #15 Exhibit 13 - 2021 Assignment of the Hueb registered trademarks, #16 Exhibit 14 - FR Hueb International Shareholder Resolution, #17 Exhibit 15 - April 9, 2021 recording of the 2021 Assignment with the United States Patent and Trade Office, #18 Exhibit 16 - New York State Department of State's official goverment record, #19 Text of Proposed Order Proposed Order, #20 Affidavit of Service).(Papalia, Patrick)
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Filing 86
MEMO ENDORSEMENT on re: #84 Letter, filed by Thiago Sabino De Freitas Abdala, Priscila Patto. ENDORSEMENT: A Discovery Conference in this matter is hereby scheduled for Thursday, February 3, 2022, at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED. ( Telephone Conference set for 2/3/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/14/2022) (vfr)
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Filing 85
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated January 13, 2022 re: Response to Plaintiff's January 13 Letter re Deposition Issues. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 84
LETTER addressed to Magistrate Judge Katharine H. Parker from Defendants' counsel dated 01/13/2022 re: Plaintiff's Deposition Notices. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Carmadella, Jeannette)
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Filing 83
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/23/2021 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... (va)
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Filing 82
TRANSCRIPT of Proceedings re: Telephone Conference held on 12/23/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 1/31/2022. Redacted Transcript Deadline set for 2/10/2022. Release of Transcript Restriction set for 4/11/2022. (va)
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Filing 81
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/23/2021 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....(kv)
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Filing 80
TRANSCRIPT of Proceedings re: Telephone Conference held on 12/23/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 1/28/2022. Redacted Transcript Deadline set for 2/7/2022. Release of Transcript Restriction set for 4/7/2022..(kv)
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Filing 79
MEMO ENDORSEMENT on re: #74 Letter filed by FRHUEB, Inc. ENDORSEMENT: Application granted. The hearing on Plaintiff's request for emergency relief scheduled for January 12, 2022 is hereby adjourned to March 23, 2022 at 11:00 a.m. ( Settlement Conference set for 3/23/2022 at 11:00 AM before Judge Ronnie Abrams., Status Conference set for 3/23/2022 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/4/2022) (ate)
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Filing 78
ORDER ENTERING INTERIM RESOLUTION OF PLAINTIFF'S INJUNCTION APPLICATION: IT IS on this 4th day of January, 2022: ORDERED that: 1. Defendants will not use the terms HUEB NEW YORK, HUEB, FR HUEB, or H Stylized as a trademark in connection with the sale of jewelry for the period of time to March 23, 2022. 2. Defendants are permitted to use Hueb, as their surname along with their names "Thiago" and "Priscila", during the pendency of this order. Thiago and Priscila may represent themselves as "Thiago Hueb" and "Priscila Hueb" but will not use "Hueb" in any other form in connection with the sale of jewelry, during the pendency of this order, and the Defendants shall not create any association or connection between themselves and the Hueb brand. 3. If and when Defendants use the surname Hueb with "Thiago Hueb" and "Priscila Hueb" to conduct business in the jewelry industry during the pendency of this Order, Defendants shall include a disclaimer "Not associated with FR Hueb Inc., H Stylized, or the Hueb brand" and/or clearly associate themselves with another entity, which shall utilize a similar disclaimer. In the event Defendants choose the latter option, the name of the entity they establish shall not contain the word "Hueb." 4. All of the above is in force and effect until March 23, 2022, but subject to the parties' extension and either party may seek a temporary or preliminary injunction from the Court and is entered without prejudice to either partys rights. (Signed by Judge Ronnie Abrams on 1/4/2022) (ks)
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter filed by FRHUEB, Inc. ENDORSEMENT: APPLICATION GRANTED. FRHUEB, Inc answer due 1/14/2022. (Signed by Magistrate Judge Katharine H. Parker on 1/3/2022) (vfr)
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Filing 76
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated January 3, 2022 re: First Extension Request To Respond to Counterclaim. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 75
PROPOSED ORDER. Document filed by FRHUEB, Inc. Related Document Number: #12 ..(Papalia, Patrick) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 74
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated January 3, 2022 re: Notification of Agreed Upon Order to Temporarily Resolve Injunction Hearing. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #75 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Papalia, Patrick to RE-FILE Document #72 Proposed Order. Documents have to be filed separately. (dt)
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Filing 73
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated December 30, 2021 re: Withdrawal of Conference Request Made on December 28, 2021. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 72
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Proposed Order Approved by Parties) Related Document Number: #12 ..(Papalia, Patrick) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/3/2022 (dt).
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Filing 71
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated December 28, 2021 re: Request for Brief Conference to Resolve Disputes on Draft Injunction Temporary Resolution Order Terms. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Plaintiff's Draft Order, #2 Exhibit B - Defendants' Changes to Draft Order).(Papalia, Patrick)
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Filing 70
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephonic Case Management / Discovery / Scheduling / Status Conference held on 12/23/2021 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line (ca)
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NOTICE TO COUNSEL: REMINDER of the Case Management Conference scheduled for - TODAY - Thursday, December 23, 2021, at 10:00 a.m. Please dial (866) 434-5269; access code 4858267 re: #67 Order.(ca)
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Filing 69
OPINION re: #49 MOTION to Disqualify Counsel of Plaintiff filed by Thiago Sabino De Freitas Abdala, Priscila Patto. For the reasons stated above, the Court finds that Defendants have failed to carry their burden in showing that Plaintiff's counsel should be disqualified. Accordingly, Defendants' motion to disqualify is DENIED. (Signed by Magistrate Judge Katharine H. Parker on 12/21/2021) (vfr)
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Filing 68
ORDER: It is hereby ORDERED that: In light of the fact that the motion to disqualify is now before Judge Parker, the December 21, 2021 hearing is hereby adjourned. See Docket 37. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/17/2021) (va)
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Filing 67
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A Case Management Conference in this matter is hereby scheduled for Thursday, December 23, 2021, at 10:00 a.m. Counsel for the parties are directed to call Judge Parkers AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. ( Telephone Conference set for 12/23/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/17/2021) (ate)
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Filing 66
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter utilizing Microsoft Teams is scheduled for Thursday, March 17, 2022 at 2:00 p.m. Updated pre-conference submissions must be received by the Court no later than March 10, 2022 by 5:00 p.m. ( Settlement Conference set for 3/17/2022 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/17/2021) (ate)
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Filing 65
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephonic Case Management / Discovery / Scheduling / Status Conference held on 12/17/2021 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line (ca)
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NOTICE TO COUNSEL: REMINDER of the Case Management Conference scheduled for TODAY 12/17/21 at 10:00 a.m. before Judge Katharine H. Parker. Please dial (866) 434-5269, Access code: 4858267 re: 44 Scheduling Order.(ca)
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Filing 64
REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Disqualify Counsel of Plaintiff. . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Affidavit Supplemental Declaration).(Carmadella, Jeannette)
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Filing 63
AMENDED ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against FRHUEB, Inc. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Carmadella, Jeannette)
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Filing 62
OPPOSITION BRIEF re: #12 Proposed Order to Show Cause With Emergency Relief,,,,,,,,,,,, (Plaintiff's Reply Declaration of Rihen Mehta In Further Support of Injunction Application - Apparently the Only Option Available on ECF to Link to Correct Docket Entry). Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 61
OPPOSITION BRIEF re: #12 Proposed Order to Show Cause With Emergency Relief,,,,,,,,,,,, (Plaintiff's Reply brief for Injunction Application - only option available on ECF to link to correct docket entry). Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 60
DECLARATION of Rihen Mehta in Opposition re: #49 MOTION to Disqualify Counsel of Plaintiff.. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 59
DECLARATION of Gregory Palakow in Opposition re: #49 MOTION to Disqualify Counsel of Plaintiff.. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Email exchange regarding referral of financial planner and accountant for Thiago, #2 Exhibit B - Email exchange terminating representation).(Papalia, Patrick)
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Filing 58
DECLARATION of Patrick Papalia in Opposition re: #49 MOTION to Disqualify Counsel of Plaintiff.. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 57
MEMORANDUM OF LAW in Opposition re: #49 MOTION to Disqualify Counsel of Plaintiff. . Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 56
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 12/2/2021 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....(ks)
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Filing 55
TRANSCRIPT of Proceedings re: telephone conference held on 12/2/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022..(ks) Modified on 12/9/2021 (ks).
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Filing 54
MEMO ENDORSEMENT on re: #47 Letter filed by FRHUEB, Inc. ENDORSEMENT: Defendants are hereby ordered to produce the discovery discussed at the December 2, 2021 conference and requested in Exhibit E of Plaintiff's letter (ECF No. 47) on or before December 17, 2021. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/6/2021) (vfr)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #53 Proposed Order was reviewed and approved as to form. (dt)
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Filing 53
PROPOSED ORDER. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. Related Document Number: #49 ..(Carmadella, Jeannette) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 52
DECLARATION of Priscila Hueb in Support re: #49 MOTION to Disqualify Counsel of Plaintiff.. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (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).(Carmadella, Jeannette)
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Filing 51
DECLARATION of Thiago Hueb in Support re: #49 MOTION to Disqualify Counsel of Plaintiff.. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (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, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X).(Carmadella, Jeannette)
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Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION to Disqualify Counsel of Plaintiff. . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 49
MOTION to Disqualify Counsel of Plaintiff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 48
MEMORANDUM OF LAW in Opposition re: #12 Proposed Order to Show Cause With Emergency Relief,,,,,,,,,,,, . Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G).(Carmadella, Jeannette)
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Filing 47
LETTER addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated December 3, 2021 re: Request to Add Limited Injunction Discovery on Defendants to Court's December 2, 2021 Order. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - First cease and desist letter, #2 Exhibit B - Response from Defendants' Counsel to first letter, #3 Exhibit C - Second cease and desist letter, #4 Exhibit D - Response from Defendants' counsel to second cease and desist letter, #5 Exhibit E - Plaintiff's injunction discovery requests to Defendants, #6 Exhibit F - Dec 3, 2021 email exchange re: Defendants' refusal to provide information).(Papalia, Patrick)
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Filing 46
ORDER terminating #39 Letter Motion for Discovery; granting #39 Letter Motion for Extension of Time to Amend #39 LETTER MOTION for Discovery addressed to Judge Ronnie Abrams from Defendants dated 11242021. LETTER MOTION for Extension of Time to Amend #30 Answer to Complaint addressed to Judge Ronnie Abrams from Defendants dated 11242021. ( Amended Pleadings due by 12/10/2021.) See text order and record from today's conference for rulings. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
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Filing 45
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Initial Pretrial / Discovery / Status / Scheduling Conference held on 12/2/2021 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line (ca)
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Filing 44
SCHEDULING AND DISCOVERY ORDER: No changes to briefing schedule. Defendant's time to serve counterclaims, if any, extended to 12/10/2021. The Archer Firm shall produce emails between Plaintiff and the Archer Firm reflecting Plaintiff's direction to perform immigration work pertaining to Defendants' work visas, green cards, name changes and/or residency/citizenship applications and reflecting all communications between attorney Palakow and Defendants regarding the immigration work specified above. Such information shall be produced within 1 week of today. Plaintiff shall also produce documents, if any, reflecting the basis for its belief that Defendants are operating a jewelry business under the Hueb NY mark/name and have approached Plaintiff's customers to sell competing jewelry. Such documents, if any, shall be produced by December 17, 2021. If no such documents exist apart from what was produced in connection with the motion for injunctive relief, Plaintiff must so state in writing by December 17, 2021. Before December 17, 2021, the parties shall meet and confer to assess whether a temporary consent injunction can be entered for purposes of discussing a global resolution of claims and counterclaims (if any). A telephonic conference will be held on 12/17/21 at 10:00 a.m. before Judge Parker. The parties shall use the Court's posted ATT conference number. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine) Modified on 12/3/2021 (ca).
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NOTICE TO COUNSEL: REMINDER of the Initial Conference scheduled for 12/2/2021 at 2:00 PM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: #43 Order.(ca)
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Filing 43
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference by telephone set for 12/2/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the court's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/29/2021) (vfr)
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Filing 42
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge General Pretrial AND Dispositive Motion. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Ronnie Abrams on 11/29/2021) (ate) Modified on 12/6/2021 (ate).
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Filing 41
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Plaintiff's counsel dated November 29, 2021 re: #39 LETTER MOTION for Discovery addressed to Judge Ronnie Abrams from Defendants dated 11242021. LETTER MOTION for Extension of Time to Amend #30 Answer to Complaint addressed to Judge Ronnie Abrams from Defendants dated 11242021. . Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - 9/2 email to Defendants' Counsel Enclosing Complaint).(Papalia, Patrick)
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Filing 40
ORDER with respect to #39 Letter Motion for Discovery; with respect to #39 Letter Motion for Extension of Time to Amend #39 LETTER MOTION for Discovery addressed to Judge Ronnie Abrams from Defendants dated 11242021. LETTER MOTION for Extension of Time to Amend #30 Answer to Complaint addressed to Judge Ronnie Abrams from Defendants dated 11242021. By separate order, this matter is being referred to Magistrate Judge Parker for all general pre-trial purposes, including but not limited to all discovery disputes and for the adjudication of the motion to disqualify that Defendants intend to file. The requests herein shall thus be addressed to Judge Parker. (Signed by Judge Ronnie Abrams on 11/24/2021) (ate)
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Filing 39
LETTER MOTION for Discovery addressed to Judge Ronnie Abrams from Defendants dated 11242021., LETTER MOTION for Extension of Time to Amend #30 Answer to Complaint addressed to Judge Ronnie Abrams from Defendants dated 11242021. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Carmadella, Jeannette)
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Filing 38
ORDER: In light of the Court's order dated November 22, 2021, Dkt. 37, the initial pretrial conference scheduled for December 3, 2021 is hereby adjourned. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/23/2021) (vfr)
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Filing 37
ORDER: Any opposition to Plaintiff's Request for Emergency Relief, Dkt. 12, and any motion to disqualify Plaintiff's counsel shall be filed on or before December 3, 3021. Plaintiff's reply in support of its request for emergency relief and any opposition to the motion to disqualify shall be filed on or before December 9, 2021. Any reply in support of the motion to disqualify shall be filed on or before December 15, 2021. A hearing is to be held on the motion to disqualify on December 21, 2021, at 11:00 a.m. via telephone conference. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. A hearing on Plaintiff's request for emergency relief is to be held on January 12, 2022, at 11:00 a.m. in the Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 1506. On or before January 5, 2022, the parties are to file with the Court a joint letter including a list of all witnesses they intend to call, indicating whether they would like such witnesses to testify live or by affidavit on direct examination, and a brief summary of the substance of each witness's testimony. The letter shall also contain a list by each party of exhibits to be offered at the hearing, with an indication by exhibit number as to whether any party objects to the exhibits. The party objecting must include a brief statement that makes clear the basis for its objection and provide any necessary supporting authority. Together with such letter, the parties shall also provide a copy of each of the exhibits. SO ORDERED. Motions due by 12/3/2021. Responses due by 12/9/2021 Replies due by 12/15/2021. Case Management Conference set for 1/12/2022 at 11:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. Telephone Conference set for 12/21/2021 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/22/2021) (mml)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 11/19/2021. (arc)
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Filing 36
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated November 18, 2021 re: Demonstrably False Disqualification Allegations Raised by Defendants. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 35
LETTER addressed to Judge Ronnie Abrams from Defendants' counsel dated November 17, 2021 re: Scheduling Conference for Plaintiff's TRO request and Defendants' motion to disqualify. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Carmadella, Jeannette)
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Filing 34
ORDER granting #29 Motion for Arnold P Lutzker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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Filing 33
ORDER re: #32 Letter, filed by FRHUEB, Inc. It is hereby: ORDERED that counsel for all parties appear for a telephone conference on Friday, November 19, 2021 at 10:00 a.m. to discuss scheduling. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED. ( Telephone Conference set for 11/19/2021 at 10:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 11/16/2021) (tg)
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Filing 32
LETTER addressed to Judge Ronnie Abrams from Patrick Papalia, Esq. dated November 16, 2021 re: inform the Court that the parties have met and conferred as required by the Court yet cannot agree on a briefing schedule for Plaintiff's emergency TRO application. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A).(Papalia, Patrick)
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Filing 31
ORDER granting #28 Motion for Jeannette Maurer Carmadella to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Arnold P Lutzker 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. (bcu)
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Filing 30
ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala..(Carmadella, Jeannette)
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Filing 29
MOTION for Arnold P Lutzker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Affidavit Affidavit in support Motion to Appear PHV, #2 Exhibit Certificate of Good Standing DC Bar, #3 Text of Proposed Order).(Lutzker, Arnold)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 AMENDED MOTION for Jeannette Maurer Carmadella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25323847. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 AMENDED MOTION for Arnold P Lutzker to Appear Pro Hac Vice Notarized Affidavit and Exhibit. 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 from DC - DC COGS is not legible; missing Proposed Order; Missing Motion to Appear PHV. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 28
AMENDED MOTION for Jeannette Maurer Carmadella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25323847. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing).(Carmadella, Jeannette)
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Filing 27
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated November 12, 2021 re: Defendants' Continued Failure to Comply with Court Orders. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - November 8 Email to Defendants' Counsel re Meet and Confer, #2 Exhibit B - November 8 Email from Defendant Thiago).(Papalia, Patrick)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Arnold P Lutzker to Appear Pro Hac Vice Notarized Affidavit and Exhibit. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Exhibit Arnold Lutzker Certificate of Good Standing DC).(Lutzker, Arnold) Modified on 11/15/2021 (aea).
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Filing 25
ACKNOWLEDGMENT OF SERVICE of TRO papers and other Court Orders as required by Court served on Defendant Thiago Abadala on November 8, 2021. Service was accepted by Defendant Thiago Abadala. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 24
ACKNOWLEDGMENT OF SERVICE of TRO papers and other Court Orders as required by Court served on Defendant Priscila Patto on November 8, 2021. Service was accepted by Defendant Thiago Abadala. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #22 MOTION for Jeannette Maurer Carmadella to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the filing fee was not paid; Missing Notarized Affidavit. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Arnold P Lutzker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25318610. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order; Missing Notarized Affidavit. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 23
PROPOSED ORDER. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. Related Document Number: #21 ..(Lutzker, Arnold) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 22
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeannette Maurer Carmadella to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. (Attachments: #1 Text of Proposed Order, #2 certificate of good standing).(Carmadella, Jeannette) Modified on 11/12/2021 (aea).
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Arnold P Lutzker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25318610. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Priscila Patto, Thiago Sabino De Freitas Abdala. Return Date set for 11/12/2021 at 11:00 AM. (Attachments: #1 Exhibit Certificate of Good Standing DC Bar).(Lutzker, Arnold) Modified on 11/12/2021 (aea).
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter, filed by FRHUEB, Inc. ENDORSEMENT: Plaintiffs are ordered to serve the application for emergency relief, Dkt. 12 and all accompanying exhibits, the Court's Order dated October 29, 2021, Dkt. 18, and this Order on Defendants directly. Plaintiffs are further directed to file affidavits of service via ECF once they receive them. Once service of the application for emergency relief and Orders have been properly effectuated on Defendants, the parties are directed to meet and confer and propose a schedule for the filing of submissions related to the pending request for emergency relief, as well as a proposed date and time for an initial scheduling conference with the Court. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/3/2021) (tg)
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Filing 19
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated November 2, 2021 re: Defendants' Failure to Comply with Court's October 29, 2021 Order. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - November 1 email from Defendants' Counsel, #2 Exhibit B - Refiling of ECF Doc. No. 14-1, #3 Exhibit C - October 21 email from Defendants' Counsel).(Papalia, Patrick)
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Filing 18
ORDER re: #12 Proposed Order to Show Cause With Emergency Relief, filed by FRHUEB, Inc.. The parties are directed to meet and confer and propose a schedule for the filing of submissions related to the pending request for emergency relief, as well as a proposed date and time for an initial scheduling conference with the Court. Plaintiffs are directed to serve this Order on Defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/29/2021) (kv)
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Filing 17
AFFIDAVIT OF SERVICE of Summons and Complaint,. Thiago Sabino De Freitas Abdala served on 10/25/2021, answer due 11/15/2021. Service was accepted by Priscila Patto (substitute service). Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint,. Priscila Patto served on 10/25/2021, answer due 11/15/2021. Service was accepted by Priscilla Patto. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter, filed by FRHUEB, Inc.. ENDORSEMENT: Plaintiff shall file the signed affidavits of service via ECF once it receives them. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/26/2021) (kv)
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Filing 14
LETTER addressed to Judge Ronnie Abrams from Plaintiff's counsel dated October 25, 2021 re: Letter Ordered by Court's October 22, 2021 Order. Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - 8/30 email from Defendants' counsel, #2 Exhibit B - 9/5 email from Defendants' counsel, #3 Exhibit C - 10/25 email exchange with Plaintiff's Process Server).(Papalia, Patrick)
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Filing 13
ORDER: Accordingly, Plaintiff is ordered to file a letter with the Court by no later than Monday, October 25, 2021, providing information as well as legal support for the proposition that it has indeed properly served Defendants. The letter should also advise the Court as to whether Plaintiff has had any contact with Defendants regarding this lawsuit. Once service has been properly effectuated, the Court will promptly schedule a conference and address the application. (Signed by Judge Ronnie Abrams on 10/22/2021) (ate)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 12
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by FRHUEB, Inc. (Attachments: #1 Accompanying Memorandum of Law, #2 Declaration of Rihen Mehta, #3 Exhibit Exhibit A to Mehta Decl. - 2011 Assignment to FR Hueb International, #4 Exhibit Exhibit B to Mehta Decl. - 2013 Amendment to 2011 Assignment, #5 Exhibit Exhibit C to Mehta Decl. - 2014 Amendment to the 2011 Assignment, #6 Exhibit Exhibit D to Mehta Decl. - May 2014 Sublicense Agreement with Rosy Blue, #7 Exhibit Exhibit E to Mehta Decl. - Hueb 234 Word Mark, #8 Exhibit Exhibit F to Mehta Decl. - Hueb 233 Design Mark, #9 Exhibit Exhibit G to Mehta Decl. - Hueb 274 Stylized H Mark, #10 Exhibit Exhibit H to Mehta Decl. - May 2016 Trademark Sale and Purchase Agreement, #11 Exhibit Exhibit I to Mehta Decl. - May 2016 Trademark Release Agreement, #12 Exhibit Exhibit J to Mehta Decl. - Commercial Terms Discussed on July 28, 2016 Signed Contract, #13 Exhibit Exhibit K to Mehta Decl. - September 2016 FR Hueb International Amendment Transferring Thiago's FR Hueb International Shares, #14 Exhibit Exhibit L to Mehta Decl. - Oct 1, 2019 License Agreement Between FR Hueb International and Plaintiff, #15 Exhibit Exhibit M to Mehta Decl. - October 15, 2019 Sublicense Agreement Between Plaintiff and Fashion House, #16 Exhibit Exhibit N to Mehta Decl. - January 2021 Assignment from FR Hueb Inc to Plaintiff, #17 Exhibit Exhibit O to Mehta Decl. - FR Hueb International Resolution Approving 2021 Assignment, #18 Exhibit Exhibit P to Mehta Decl. - January 2021 Assignment Between FR Hueb International and Plaintiff Filed with USPTO, #19 Exhibit Exhibit Q to Mehta Decl. - July 2021 Business Purchase Agreement Plaintiff and Fashion House, #20 Exhibit Exhibit R to Mehta Decl. - September 2020 Email Confirmation from Thiago re Jewelry on Consignment, #21 Exhibit Exhibit S to Mehta Decl. - January 2021 Email from Guarana Representative Denying Holding Any Goods on Consignment Nor a Business Relationship with FR Hueb International, #22 Exhibit Exhibit T to Mehta Decl. - Listing of Jewelry Thiago Stole Via Guarana Consignment, #23 Exhibit Exhibit U to Mehta Decl. - Listing of Jewelry Thiago Stole Via Nicole Consignment, #24 Exhibit Exhibit V to Mehta Decl. - USPTO Recording of Assignment of 274 Mark to Plaintiff, #25 Exhibit Exhibit W to Mehta Decl. - Screenshots of Defendants as "Hueb New York" at National Trade Convention, #26 Exhibit Exhibit X to Mehta Decl. - Screenshot of Defendants' Hueb New York Instagram Page, #27 Declaration of Patrick Papalia, #28 Exhibit Exhibit A to Papalia Decl. - Complaint with Exhibits, #29 Exhibit Exhibit B to Papalia Decl. - First Cease and Desist Letter, #30 Exhibit Exhibit C to Papalia Decl. - Second Cease and Desist Letter, #31 Exhibit Exhibit D to Papalia Decl. - Defendants' Counsel's Response to Cease and Desist Letters, #32 Certification of Service) Related Document Number: [1:21-cv-07395]..(Papalia, Patrick) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Priscila Patto..(pc)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Thiago Sabino De Freitas Abdala..(pc)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Priscila Patto, re: #1 Complaint,. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Thiago Sabino De Freitas Abadala, re: #1 Complaint,. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 7
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference by telephone set for 12/3/2021 at 02:30 PM before Judge Ronnie Abrams. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/3/2021) (vfr)
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Filing 6
CIVIL COVER SHEET filed..(Papalia, Patrick)
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Filing 5
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)..(sj)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Patrick Papalia. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
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Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Case Designated ECF. (sj)
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Filing 4
NOTICE OF APPEARANCE by Christian Andrew Stueben on behalf of FRHUEB, Inc..(Stueben, Christian)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FRHUEB, Inc..(Papalia, Patrick)
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Filing 2
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Papalia, Patrick)
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Filing 1
COMPLAINT against Priscila Patto, Thiago Sabino De Freitas Abdala. (Filing Fee $ 402.00, Receipt Number ANYSDC-25016499)Document filed by FRHUEB, Inc. (Attachments: #1 Exhibit A - Hueb Trademark #1, #2 Exhibit B - Hueb Trademark #2, #3 Exhibit C - Hueb Trademark #3).(Papalia, Patrick)
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