BBAM Aircraft Management LP v. Babcock & Brown LLC et al
| BBAM Aircraft Management LP |
| Babcock & Brown Securities LLC, Babcock & Brown LLC, Babcock & Brown Investment Management LLC and Burnham Sterling & Company LLC |
| 3:2020cv01056 |
| July 27, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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Filing 31
NOTICE of Appearance by Ivan J. Ladd-Smith on behalf of BBAM Aircraft Management LP (Ladd-Smith, Ivan)
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Filing 30
Corporate Disclosure Statement by Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC identifying Corporate Parent Burnham Holdings LLC for Babcock & Brown Investment Management LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC; Corporate Parent Burnham Group Holdings LLC for Babcock & Brown LLC. (Soli, Toby)
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Filing 29
NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 9/4/2020. (Shafer, J.)
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Filing 28
AFFIDAVIT re #26 MOTION to Dismiss Pursuant to Rule 12(b)(6) Signed By Toby S. Soli filed by Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC. (Attachments: #1 Exhibit A. Trademark Certificate 5,643,846, #2 Exhibit B. Trademark Certificate 5,769,928, #3 Exhibit C. Trademark Certificate 5,851,855, #4 Exhibit D. Trademark Certificate 6,037,338)(Soli, Toby)
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Filing 27
Memorandum in Support re #26 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC. (Soli, Toby)
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Filing 26
MOTION to Dismiss Pursuant to Rule 12(b)(6) by Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC.Responses due by 9/25/2020 (Soli, Toby)
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Filing 25
PROPOSED ORDER re #1 Complaint Stipulation & [Proposed] Order Enlarging Defendants' Time to Respond to the Complaint to September 4, 2020 by Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC. (Soli, Toby)
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Filing 24
NOTICE of Appearance by Sarah Kate Mullins on behalf of BBAM Aircraft Management LP (Mullins, Sarah)
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Filing 23
NOTICE of Appearance by Nathan D Shaffer on behalf of BBAM Aircraft Management LP (Shaffer, Nathan)
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Filing 22
NOTICE of Appearance by Diana Rutowski on behalf of BBAM Aircraft Management LP (Rutowski, Diana)
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Filing 21
NOTICE of Appearance by Toby S. Soli on behalf of Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC (Soli, Toby)
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Filing 20
ORDER granting #17 Motion to Appear Pro Hac Vice for Attorney Nathan D. Shaffer. Certificate of Good Standing due by 10/3/2020. Signed by Clerk on 8/4/2020. (Ferguson, L.)
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Filing 19
ORDER granting #16 Motion to Appear Pro Hac Vice for Attorney Sarah Kate Mullins. Certificate of Good Standing due by 10/3/2020. Signed by Clerk on 8/4/2020. (Ferguson, L.)
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Filing 18
ORDER granting #15 Motion to Appear Pro Hac Vice for Attorney Diana M. Rutowski. Certificate of Good Standing due by 10/3/2020. Signed by Clerk on 8/4/2020. (Ferguson, L.)
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Filing 17
MOTION for Attorney(s) Nathan D. Shaffer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6009421) by BBAM Aircraft Management LP. (Attachments: #1 Affidavit Shaffer Affidavit)(Spears, Brian)
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Filing 16
MOTION for Attorney(s) Sarah Kate Mullins to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6009333) by BBAM Aircraft Management LP. (Attachments: #1 Affidavit Mullins Affidavit)(Spears, Brian)
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Filing 15
MOTION for Attorney(s) Diana M. Rutowski to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6009234) by BBAM Aircraft Management LP. (Attachments: #1 Exhibit Rutowski Affidavit)(Spears, Brian)
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Filing 14
SUMMONS Returned Executed by BBAM Aircraft Management LP. Babcock & Brown LLC served on 7/31/2020, answer due 8/21/2020. (Spears, Brian)
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Filing 13
ORDER denying #2 , #3 , #4 Motions to Appear Pro Hac Vice without prejudice to refiling. Visiting attorney affidavit must identify the bar of each court to which the attorney is admitted with "corresponding bar identification number(s); or if no such numbers have been assigned, so stating." D. Conn. L. Civ. R. 83.1(d)(1)(b). The affidavits supporting these motions do not include bar numbers for every bar of which the proposed visiting attorneys are or ever have been members, and also do not state that no bar numbers were assigned by those bars for which numbers were omitted. Signed by Judge Vanessa L. Bryant on 7/30/2020. (Dannenmaier, Katherine)
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Filing 12
AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed. (Attachments: #1 Complaint) (Velez, F.)
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Filing 11
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Babcock & Brown Investment Management LLC, Babcock & Brown LLC, Babcock & Brown Securities LLC, Burnham Sterling & Company LLC* with answer to complaint due within *21* days. Attorney *Brian E. Spears* *Spears Manning & Martini LLC* *2425 Post Road, Suite 203* *Southport, CT 06890*. (Velez, F.)
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Filing 10
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 MOTION for Attorney(s) Sarah Kate Mullins to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996795) filed by BBAM Aircraft Management LP, #1 Complaint filed by BBAM Aircraft Management LP, #6 Order on Pretrial Deadlines, #9 Order Re: Chambers Practices, #2 MOTION for Attorney(s) Diana M. Rutowski to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996757) filed by BBAM Aircraft Management LP, #7 Electronic Filing Order, #5 Corporate Disclosure Statement filed by BBAM Aircraft Management LP, #4 MOTION for Attorney(s) Nathan D. Schaffer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996804) filed by BBAM Aircraft Management LP, #8 standing Protective Order. Signed by Clerk on 7/27/2020. (Velez, F.)
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Filing 9
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/27/2020. (Velez, F.)
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Filing 8
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/27/2020. (Velez, F.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/27/2020. (Velez, F.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 9/25/2020; Discovery due by 1/26/2021; Dispositive Motions due by 3/2/2021. Signed by Clerk on 7/27/2020. (Velez, F.)
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Filing 5
Corporate Disclosure Statement by BBAM Aircraft Management LP identifying Corporate Parent BBAM US LP for BBAM Aircraft Management LP. (Spears, Brian)
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Filing 4
MOTION for Attorney(s) Nathan D. Schaffer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996804) by BBAM Aircraft Management LP. (Attachments: #1 Affidavit Shaffer Affidavit)(Spears, Brian)
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Filing 3
MOTION for Attorney(s) Sarah Kate Mullins to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996795) by BBAM Aircraft Management LP. (Attachments: #1 Affidavit Mullins Affidavit)(Spears, Brian)
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Filing 2
MOTION for Attorney(s) Diana M. Rutowski to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5996757) by BBAM Aircraft Management LP. (Attachments: #1 Affidavit Rutkowski Affidavit)(Spears, Brian)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5996709.), filed by BBAM Aircraft Management LP.(Spears, Brian)
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Request for Clerk to issue summons as to All Defendants. (Spears, Brian)
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Judge Vanessa L. Bryant added. (Oliver, T.)
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