Gavrieli Brands LLC v. Soto Massini (USA) Corp. et al
Plaintiff: Gavrieli Brands LLC
Defendant: Thomas Pichler, Soto Massini (USA) Corp. and Soto Massini S.R.L.S.
Case Number: 1:2018cv00462
Filed: March 26, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Gregory M Sleet
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0145
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2018 Filing 27 AMENDED COMPLAINT against All Defendants - filed by Gavrieli Brands LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Marston, David)
May 4, 2018 Filing 26 STIPULATION TO EXTEND TIME Answer, Move, or Otherwise Respond to Counterclaims and to Respond to Defendants' Motion to Dismiss to June 21, 2018 and June 14, 2018, respectively - filed by Gavrieli Brands LLC. (Dudash, Amy)
May 4, 2018 Opinion or Order SO ORDERED, re #26 STIPULATION TO EXTEND TIME Answer, Move, or Otherwise Respond to Counterclaims and to Respond to Defendants' Motion to Dismiss to June 21, 2018 and June 14, 2018, respectively filed by Gavrieli Brands LLC, Set/Reset Answer Deadlines: Thomas Pichler answer due 6/21/2018; Soto Massini (USA) Corp. answer due 6/21/2018; Soto Massini S.R.L.S. answer due 6/21/2018., Reset Briefing Schedule: re #23 MOTION to Dismiss - (Answering Brief due 6/14/2018.). Ordered by Judge Gregory M. Sleet on 5/4/2018. (asw)
May 3, 2018 Opinion or Order Filing 25 ORDER REGARDING CASE MANAGEMENT IN CIVIL CASES. Signed by Judge Gregory M. Sleet on 5/3/2018. (asw)
May 1, 2018 Filing 24 DECLARATION re #23 MOTION to Dismiss Based upon Federal Rules of Civil Procedure 12(b)(2), 12(b)(5), and 12(b)(6) by Thomas Pichler, Soto Massini S.R.L.S.. (Brauerman, Stephen)
May 1, 2018 Filing 23 MOTION to Dismiss Based upon Federal Rules of Civil Procedure 12(b)(2), 12(b)(5), and 12(b)(6) - filed by Thomas Pichler, Soto Massini S.R.L.S.. (Attachments: #1 Proposed Order)(Brauerman, Stephen)
May 1, 2018 Filing 22 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Gavrieli Brands LLC by Soto Massini (USA) Corp..(Brauerman, Stephen)
May 1, 2018 Opinion or Order SO ORDERED - re #21 Second STIPULATION TO EXTEND TIME for Defendants Soto Massini (USA) Corporation, Soto Massini S.R.L.S., and Thomas Pichler to Respond to the Complaint to May 1, 2018 filed by Soto Massini (USA) Corp., Soto Massini S.R.L.S., Thomas Pichler. Ordered by Judge Gregory M. Sleet on 5/1/2018. (mdb)
April 30, 2018 Filing 21 Second STIPULATION TO EXTEND TIME for Defendants Soto Massini (USA) Corporation, Soto Massini S.R.L.S., and Thomas Pichler to Respond to the Complaint to May 1, 2018 - filed by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S.. (Bussiere, Sara)
April 27, 2018 Opinion or Order SO ORDERED - re #20 STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the Verified Complaint to April 30, 2018 filed by Soto Massini (USA) Corp., Soto Massini S.R.L.S., Thomas Pichler, Set/Reset Answer Deadlines: Thomas Pichler answer due 4/30/2018; Soto Massini (USA) Corp. answer due 4/30/2018; Soto Massini S.R.L.S. answer due 4/30/2018. Ordered by Judge Gregory M. Sleet on 4/27/2018. (mdb)
April 25, 2018 Filing 20 STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the Verified Complaint to April 30, 2018 - filed by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S.. (Bussiere, Sara)
April 25, 2018 DEFICIENCY NOTICE by the Court issued to Defendants re #19 Stipulation to EXTEND Time - This filing does not meet Judge Sleet's requirements for such requests. The parties shall refer to Judge Sleet's requirements for filing requests to extend time on the court's website. After reviewing the procedure, the parties may RE-FILE the stipulation/motion. (mdb)
April 24, 2018 Filing 19 STIPULATION TO EXTEND TIME for Defendants Soto Massini (USA) Corporation, Soto Massini S.R.L.S., and Thomas Pichler to Respond to the Complaint to April 30, 2018 - filed by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S.. (Bussiere, Sara)
April 17, 2018 Pro Hac Vice Attorney Brett A. Lovejoy for Gavrieli Brands LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
April 17, 2018 Pro Hac Vice Attorney Sharon R. Smith for Gavrieli Brands LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
April 13, 2018 Pro Hac Vice Attorney Michael J Lyons for Gavrieli Brands LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
April 11, 2018 Pro Hac Vice Attorney Ehsun Forghany for Gavrieli Brands LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
April 4, 2018 Opinion or Order Filing 18 ORDER - Gavrieli's Expedited Motion for a Temporary Restraining Order and Preliminary Injunction (D.I. #3 ) is DENIED. Signed by Judge Gregory M. Sleet on 4/4/2018. (mdb)
April 4, 2018 Opinion or Order SO ORDERED - re #16 MOTION for Pro Hac Vice Appearance of Attorney Stephen Lobbin filed by Soto Massini (USA) Corp., Soto Massini S.R.L.S., Thomas Pichler, #15 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Lyons, Brett Alan Lovejoy, Ph.D. and Ehsun Forghany filed by Gavrieli Brands LLC, #17 MOTION for Pro Hac Vice Appearance of Attorney Sharon R. Smith filed by Gavrieli Brands LLC. Ordered by Judge Gregory M. Sleet on 4/4/2018. (mdb)
April 3, 2018 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Sharon R. Smith - filed by Gavrieli Brands LLC. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice of Sharon R. Smith)(Dudash, Amy)
April 3, 2018 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Stephen Lobbin - filed by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S.. (Attachments: #1 Certification of Stephen Lobbin))(Bussiere, Sara)
April 3, 2018 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Lyons, Brett Alan Lovejoy, Ph.D. and Ehsun Forghany - filed by Gavrieli Brands LLC. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice of Michael J. Lyons, #2 Certification by Counsel to be Admitted Pro Hac Vice of Brett A. Lovejoy, #3 Certification by Counsel to be Admitted Pro Hac Vice of Ehsun Forghany)(Dudash, Amy)
April 2, 2018 Filing 14 DECLARATION re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Gavrieli Brands LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dudash, Amy) Modified on 4/3/2018 (mdb).
April 2, 2018 Minute Entry for proceedings held before Judge Gregory M. Sleet - Telephone Conference held on 4/2/2018. Discussion on the status of the dispute regarding #3 EXPEDITED MOTION for Temporary Restraining Order, EXPEDITED MOTION for Preliminary Injunction. The court orally dismissed the Motion and this case shall go through the normal scheduling process accordingly. The Hearing re Preliminary Injunction previously set for 4/16/2018 at 10:00 AM is CANCELLED. (Court Reporter: Kevin Maurer.) (asw)
April 1, 2018 Filing 13 DECLARATION re #12 Answering Brief in Opposition, by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S.. (Attachments: #1 Exhibit A)(Brauerman, Stephen)
April 1, 2018 Filing 12 ANSWERING BRIEF in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S..Reply Brief due date per Local Rules is 4/9/2018. (Brauerman, Stephen)
March 28, 2018 Opinion or Order Filing 11 ORDER - The Motion for Temporary Restraining Order is GRANTED. See Order for more details. A Hearing on the Motion for Preliminary Injunction is set for 4/16/2018 at 10:00 AM (EST) in Courtroom 4A before Judge Gregory M. Sleet. Signed by Judge Gregory M. Sleet on 3/28/2018. (mdb)
March 28, 2018 Filing 10 Letter to The Honorable Gregory M. Sleet from Stephen B. Brauerman regarding Representation of Defendants. (Brauerman, Stephen)
March 28, 2018 Filing 9 NOTICE of Appearance by Sara E. Bussiere on behalf of Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S. (Bussiere, Sara)
March 28, 2018 Filing 8 PROPOSED ORDER granting Temporary Restraining Order re Telephone Conference,, by Gavrieli Brands LLC. (Dudash, Amy)
March 28, 2018 Filing 7 SUMMONS Returned Executed by Gavrieli Brands LLC. Soto Massini (USA) Corp. served on 3/27/2018, answer due 4/17/2018. (Dudash, Amy)
March 28, 2018 Opinion or Order ORAL ORDER - A Telephone Conference to discuss the pending motions ( #3 ) is set for today, March 28, 2018 at 11:00 AM before Judge Gregory M. Sleet. Counsel for the plaintiff shall arrange the call and contact Chambers at (302) 573-4559 once all parties are on the line. Ordered by Judge Gregory M. Sleet on 3/28/2018. (mdb)
March 28, 2018 Minute Entry for proceedings held before Judge Gregory M. Sleet - Telephone Conference held on 3/28/2018. Discussion regarding the Motion for a Temporary Restraining Order ("TRO") and Preliminary Injunction ("PI") ( #3 ). Counsel for the defendants WERE NOT PRESENT, despite attempts by plaintiff's counsel. The Court will grant the TRO with an extended expiration date, and will set a hearing on the PI for Monday, April 16, 2018 at 10:00 AM (EST). The order will go into effect this Friday, March 28. The Court further orders that the plaintiff is not required to post a bond, and this shall be included in the revised proposed order due today. (Court Reporter Kevin Maurer.) (mdb)
March 28, 2018 Opinion or Order ORAL ORDER re #10 Letter - A Telephone Conference is set for 4/2/2018 at 03:00 PM (EST) before Judge Gregory M. Sleet. The plaintiff shall arrange the call and contact Chambers at (302) 573-4559 once all parties are on the line. Ordered by Judge Gregory M. Sleet on 3/28/2018. (mdb)
March 28, 2018 Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb)
March 27, 2018 Remark: Exit copies to Duty Judge (GMS). (rwc)
March 27, 2018 No Summons Issued. (rwc)
March 27, 2018 Summons Issued with Magistrate Consent Notice attached as to Thomas Pichler on 3/27/2018; Soto Massini (USA) Corp. on 3/27/2018; Soto Massini S.R.L.S. on 3/27/2018. (fms)
March 26, 2018 Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Gavrieli Brands LLC. (rwc)
March 26, 2018 Filing 5 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) USD781,035; USD781,032; USD781,034; USD681,927; USD761,538. (rwc)
March 26, 2018 Filing 4 OPENING BRIEF in Support - re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction - filed by Gavrieli Brands LLC.Answering Brief/Response due date per Local Rules is 4/9/2018. (rwc)
March 26, 2018 Filing 3 EXPEDITED MOTION for Temporary Restraining Order, EXPEDITED MOTION for Preliminary Injunction - filed by Gavrieli Brands LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(rwc)
March 26, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
March 26, 2018 Filing 1 VERIFIED COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION - filed with Jury Demand against Thomas Pichler, Soto Massini (USA) Corp., Soto Massini S.R.L.S. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2348723.) - filed by Gavrieli Brands LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(rwc)

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Plaintiff: Gavrieli Brands LLC
Represented By: Amy Michele Dudash
Represented By: David W. Marston, Jr.
Represented By: Michael J Lyons
Represented By: Sharon R. Smith
Represented By: Brett A. Lovejoy
Represented By: Ehsun Forghany
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Defendant: Thomas Pichler
Represented By: Sara E. Bussiere
Represented By: Stephen B. Brauerman
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Defendant: Soto Massini (USA) Corp.
Represented By: Sara E. Bussiere
Represented By: Stephen B. Brauerman
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Defendant: Soto Massini S.R.L.S.
Represented By: Sara E. Bussiere
Represented By: Stephen B. Brauerman
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