Ligeri et al v. Amazon.com Inc. et al
| Benjamin Joseph Ligeri, Central Concepts, Inc., Trademark Holdings, LLC, Benjamin Ligeri and Global Specialty Products, LLC |
| Medcare, LLC, Amazon.com Inc., Amazon, LLC, Amazon Services, LLC, Amazon Mexico Services, LLC, Amazon Business Payments, Inc., Amaon Capital Services, Inc, Amazon Payments, Inc., Amazon Capital Services, Inc, Amazon.com Services LLC and Amazon Mexico Services, Inc. |
| 3:2023cv00603 |
| May 9, 2023 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| S Dave Vatti |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 26 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Motion Hearing re #24 MOTION to Compel Arbitration pursuant to the Federal Arbitration Act, or in the alternative to Transfer Venue, set for 8/16/2023 03:00 PM in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer. (Lewis, D) |
| Filing 25 OBJECTION re #24 MOTION to Compel Arbitration pursuant to the Federal Arbitration Act, or in the alternative to Transfer Venue, as not arbitratable, inadequate for relief under Trademark Infringement per Lanham Act, Never Agreed to by Plaintiffs filed by Central Concepts, Inc., Global Specialty Products, LLC, Benjamin Ligeri, Medcare, LLC, Trademark Holdings, LLC. (Attachments: #1 Memorandum in Support MOL in Support of Objection to Motion to Compel Arbitration/Transfer Venue, #2 Affidavit of Plaintiffs' in Opposition to Motion to Compel Arbitration Demonstrating Terms Never Agreed to/Terms Unenforceable, #3 Exhibit Exhibit A of Plaintiffs' Memorandum)(Chan, Paulus) |
| Filing 24 MOTION to Compel Arbitration pursuant to the Federal Arbitration Act, or in the alternative to Transfer Venue, by Amazon Capital Services, Inc, Amazon Mexico Services, Inc., Amazon Payments, Inc., Amazon.com Inc., Amazon.com Services LLC.Responses due by 7/14/2023 (Attachments: #1 Memorandum in Support, #2 Declaration of Natalia Parker in support of Motion, #3 Exhibit A of Declaration (Sign up page), #4 Exhibit B of Declaration (BSA 2014))(Magliery, John) |
| Filing 23 Disclosure Statement by Amazon Capital Services, Inc, Amazon Payments, Inc., Amazon.com Inc., Amazon.com Services LLC, Amazon Mexico Services, Inc. identifying Corporate Parent Amazon.com, Inc. for Amazon Capital Services, Inc, Amazon Mexico Services, Inc., Amazon Payments, Inc., Amazon.com Services LLC. (Magliery, John) |
| Filing 22 Minute Entry for proceedings held before Judge Jeffrey A. Meyer: Telephonic Status Conference held on 6/22/2023. 10 minutes(Court Reporter Diana Huntington.) (Lewis, D) |
Filing 21
MEMORANDUM OF CONFERENCE AND ORDER. In accordance with today's teleconference with counsel, the defendants shall file by June 23, 2023 any motion to compel arbitration and/or for transfer to another judicial district, and plaintiffs shall file any objection or other response by July 14, 2023, and the defendants may file any reply by July 21, 2023. The Court will likely schedule oral argument on the motion in August 2023. In light of the parties' agreement that it makes sense for the Court first to address the motion to arbitrate and/or for transfer before addressing the plaintiffs' motions for injunctive relief, the Court DENIES as moot and without prejudice to renewal plaintiffs' motions for temporary restraining order (Doc. #12 ) and motion for hearing (Doc. #17 ). The Court also advised the parties that if they mutually believe that there may be a possibility of a settlement, they should contact chambers or file a joint request on the docket, and the Court will promptly refer them to a magistrate judge for a settlement conference. Such a referral would not stay the Court's briefing order as set forth above or other scheduling obligations unless the parties so request and the Court so agrees. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/22/23. (Heavenrich, S.)
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| Filing 20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 6/22/2023 04:30 PM before Judge Jeffrey A. Meyer. Counsel shall call 877-402-9753 and use access code 8576007# to participate. (Lewis, D) |
| Answer deadline updated for Amazon Business Payments, Inc. to 7/14/2023; Amazon Capital Services, Inc to 7/14/2023; Amazon Mexico Services, LLC to 7/14/2023; Amazon Payments, Inc. to 7/14/2023; Amazon Services, LLC to 7/14/2023; Amazon, LLC to 7/14/2023; Amazon.com Inc. to 7/14/2023. (Lewis, D) |
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Filing 19
ORDER granting #18 Motion for Extension of Time until July 14, 2023 to file answer to #1 Complaint. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/16/23. (Heavenrich, S.)
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| Filing 18 MOTION for Extension of Time until July 14, 2023. to file answer to #1 Complaint, by Amazon Capital Services, Inc, Amazon Mexico Services, LLC, Amazon Payments, Inc., Amazon Services, LLC, Amazon.com Inc.. (Magliery, John) |
| Filing 17 MOTION for Hearing re #12 MOTION for Temporary Restraining Order for Temporary Injunction by Central Concepts, Inc., Global Specialty Products, LLC, Benjamin Ligeri, Medcare, LLC, Trademark Holdings, LLC. (Chan, Paulus) |
| Filing 16 SUMMONS Returned Executed by Medcare, LLC, Trademark Holdings, LLC, Global Specialty Products, LLC, Central Concepts, Inc., Benjamin Ligeri. Amazon Business Payments, Inc. served on 5/26/2023, answer due 6/16/2023; Amazon Capital Services, Inc served on 5/26/2023, answer due 6/16/2023; Amazon Mexico Services, LLC served on 5/26/2023, answer due 6/16/2023; Amazon Payments, Inc. served on 5/26/2023, answer due 6/16/2023; Amazon Services, LLC served on 5/26/2023, answer due 6/16/2023; Amazon, LLC served on 5/26/2023, answer due 6/16/2023; Amazon.com Inc. served on 5/26/2023, answer due 6/16/2023. (Chan, Paulus) |
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Filing 15
ORDER. Plaintiff has filed a notice requesting a briefing schedule and accompanied by materials suggesting that the plaintiff has sent notice of this action to the defendants including a request for them to waive service of process. Plaintiff, however, has not demonstrated that the defendants have agreed to waive service of process or that they have been served with process as required under Rule 4 of the Federal Rules of Civil Procedure. The signature card attached to the plaintiffs submission is for only one of the defendants rather than for all of the many defendants named by the plaintiff in this action. The Court declines to set a briefing schedule until such time that the plaintiff makes such a showing that the defendants have agreed to waive service of process, that they have been served with process, or that there are reasons to excuse the plaintiff from complying with the rules for service of process. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/24/2023. (Lewis, D)
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| Filing 14 MOTION Set Briefing Schedule for Temporary Injunction and Enter Other Necessary Orders re #1 Complaint, #12 MOTION for Temporary Restraining Order for Temporary Injunction, 13 Order,,,, by Central Concepts, Inc., Global Specialty Products, LLC, Benjamin Ligeri, Medcare, LLC, Trademark Holdings, LLC.Responses due by 6/13/2023 (Attachments: #1 Affidavit Re Notification to Defendants, #2 Supplement USPS Return Signature Card)(Chan, Paulus) |
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Filing 13
ORDER. Plaintiff has filed a "motion for temporary injunction." Doc. #12 . The Federal Rules of Civil Procedure recognize a basic distinction between a preliminary injunction and a temporary restraining order. See Fed. R. Civ. P. 65(a)-(b). It is unclear whether the plaintiff's motion for a "temporary injunction" seeks a preliminary injunction or a temporary restraining order. If the plaintiff seeks an immediate temporary restraining order, it does not appear that plaintiff has made any effort to show as required why such relief should be granted without notice to the defendants. See Fed. R. Civ. P. 65(b)(1). In the absence of any showing of notice to or efforts to ensure notice to the opposing parties and an adequate time for the defendants to respond, the Court does not intend to grant relief whether in the form of a temporary restraining order or preliminary injunction. At such time that the record may reflect service of the complaint and motion on the defendants, then plaintiff may move for an order for the Court to set a briefing and hearing schedule as warranted for the motion for temporary injunction. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/15/2023. (Reis, Julia)
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| Filing 12 MOTION for Temporary Restraining Order for Temporary Injunction by Central Concepts, Inc., Global Specialty Products, LLC, Benjamin Ligeri, Medcare, LLC, Trademark Holdings, LLC. (Attachments: #1 Memorandum in Support MOL in Support of Temporary Injunction)(Chan, Paulus) |
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Filing 11
ORDER granting #2 Motion to Amend/Correct #1 Complaint, to request that case initiation data be amended by clerk to conform to Verified Complaint by Central Concepts, Inc., Benjamin Joseph Ligeri, Trademark Holdings, LLC. Signed by Judge Jeffrey A. Meyer on 5/11/2023. (Reis, Julia)
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| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Amazon Business Payments, Inc., Amazon Capital Services, Inc, Amazon Mexico Services, LLC, Amazon Services, LLC, Amazon, LLC, Amazon.com Inc.* with answer to complaint due within *21* days. Attorney *Paulus Chan* *Law offices of Paulus H Chan LLC* *157 Forest Hill Road* *North Haven, CT 06473*. (Chartier, AnnMarie) |
| Filing 9 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 #6 Electronic Filing Order, #2 MOTION to Amend/Correct #1 Complaint, to request that case initiation data be amended by clerk to conform to Verified Complaint filed by Central Concepts, Inc., Trademark Holdings, LLC, Benjamin Ligeri, #1 Complaint, filed by Central Concepts, Inc., Trademark Holdings, LLC, Benjamin Ligeri, #4 Disclosure Statement filed by Medcare, LLC, Central Concepts, Inc., Global Specialty Products, LLC, Trademark Holdings, LLC, Benjamin Ligeri, #7 Protective Order, #5 Order on Pretrial Deadlines, 3 Notice re: Disclosure Statement, Signed by Clerk on 5/10/2023.(Chartier, AnnMarie) |
| Filing 8 AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed (Attachments: #1 Complaint) (Chartier, AnnMarie) |
| Filing 4 Disclosure Statement by Central Concepts, Inc., Global Specialty Products, LLC, Benjamin Ligeri, Medcare, LLC, Trademark Holdings, LLC. (Chan, Paulus) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 5/9/2023.(Chartier, AnnMarie)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 5/9/2023.(Chartier, AnnMarie)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 7/8/2023 Discovery due by 11/8/2023 Dispositive Motions due by 12/13/2023 Signed by Clerk on 5/9/2023.(Chartier, AnnMarie)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/9/2023.(Anastasio, F.) |
| Judge Jeffrey A. Meyer and Judge S. Dave Vatti added. (Freberg, B) |
| Filing 2 MOTION to Amend/Correct #1 Complaint, to request that case initiation data be amended by clerk to conform to Verified Complaint by Central Concepts, Inc., Benjamin Joseph Ligeri, Trademark Holdings, LLC.Responses due by 5/30/2023 (Chan, Paulus) |
| Filing 1 COMPLAINT against Amaon Capital Services, Inc, Amazon Business Payments, Inc., Amazon Mexico Services, LLC, Amazon Services, LLC, Amazon, LLC, Amazon.com Inc. ( Filing fee $402 receipt number ACTDC-7341720.), filed by Trademark Holdings, LLC, Central Concepts, Inc., Benjamin Joseph Ligeri.(Chan, Paulus) |
| Request for Clerk to issue summons as to Amaon Capital Services, Inc, Amazon Business Payments, Inc., Amazon Mexico Services, LLC, Amazon Services, LLC, Amazon, LLC, Amazon.com Inc.. (Chan, Paulus) |
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