Saraceni v. MerchSource, LLC et al
Plaintiff: Remo Saraceni
Defendant: MerchSource, LLC, PO John Does, FAO ROC Holdings, LLC and 360 HOLDINGS III CORP.
Case Number: 1:2022cv00184
Filed: February 10, 2022
Court: U.S. District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2022 Opinion or Order SO ORDERED, re #31 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Petock, filed by Remo Saraceni. Ordered by Judge Colm F. Connolly on 3/17/2022. (kmd)
March 16, 2022 Opinion or Order Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Petock - filed by Remo Saraceni. (Shrenk, Tiffany)
March 7, 2022 Opinion or Order Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Mark C. Johnson - filed by FAO ROC Holdings, LLC, MerchSource, LLC, 360 HOLDINGS III CORP.. (Flynn, Michael)
March 7, 2022 Opinion or Order SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Mark C. Johnson, filed by 360 HOLDINGS III CORP., FAO ROC Holdings, LLC, MerchSource, LLC. Ordered by Judge Colm F. Connolly on 3/7/2022. (kmd)
March 2, 2022 Opinion or Order Filing 29 STIPULATION TO EXTEND TIME for Defendants to move, answer, or otherwise respond to the Complaint to April 15, 2022 - filed by FAO ROC Holdings, LLC, MerchSource, LLC. (Flynn, Michael)
March 2, 2022 Opinion or Order SO ORDERED, re #29 STIPULATION TO EXTEND TIME for Defendants to move, answer, or otherwise respond to the Complaint to April 15, 2022, filed by FAO ROC Holdings, LLC, MerchSource, LLC. Reset Answer Deadlines: FAO ROC Holdings, LLC answer due 4/15/2022; MerchSource, LLC answer due 4/15/2022. Ordered by Judge Colm F. Connolly on 3/2/2022. (kmd)
March 1, 2022 Opinion or Order Filing 28 Return of Undeliverable Mail, D.I. #24 sent to Patrick D. Doran, (Attempted - Unable to forward). (smg)
February 23, 2022 Opinion or Order Filing 27 AFFIDAVIT of Service for Second Amended Complaint and Exhibits served on FAO ROC HOLDINGS, LLC and 360 Holdings III Corp. on 02/23/2022, filed by Remo Saraceni. (Attachments: #1 Affidavit Summons and Affidavit of Service on FAO ROC HOLDINGS, LLC)(Shrenk, Tiffany)
February 18, 2022 Opinion or Order Filing 26 Second AMENDED COMPLAINT against All Defendants - filed by Remo Saraceni. (Attachments: #1 Exhibit Exhibit A - Printout from Plaintiff's Website, #2 Exhibit Exhibit B - Photographs Taken by Plaintiff of Defendant's Showroom, #3 Exhibit Exhibit C - Affidavit of MerchSource, LLC, #4 Exhibit Exhibit D - FAO Shwarz Facebook Post Advertising "The Big Piano")(Shrenk, Tiffany)
February 18, 2022 Opinion or Order Filing 25 NOTICE of Appearance by Tiffany Marie Shrenk on behalf of Remo Saraceni (Shrenk, Tiffany)
February 16, 2022 Opinion or Order Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
February 10, 2022 Opinion or Order Filing 24 Local Counsel Letter sent. Notice of Compliance deadline set for 3/14/2022. (mal)
February 10, 2022 Opinion or Order Filing 23 Record of case transferred in from District of Pennsylvania Eastern; Case Number in Other District: 2:21-cv-04947. Copy of Docket Sheet and original file
February 10, 2022 Opinion or Order THE ABOVE CAPTIONED CASE IS TRANSFERRED TO THE DISTRICT OF DELAWARE (JL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
February 9, 2022 Opinion or Order Filing 22 ORDER THAT THE CLERK OF COURT SHALL FORTHWITH TRANSFER THIS MATTER TO THE CLERK OF USDC FOR THE DISTRICT OF DELAWARE AND CLOSE THIS CASE IN THIS DISTRICT; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/9/22. 2/9/22 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
February 9, 2022 Opinion or Order Filing 21 NOTICE by REMO SARACENI (ELECTION TO TRANSFER ACTION TO DISTRICT OF DELAWARE) (Attachments: #1 Text of Proposed Order)(PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 31, 2022 Opinion or Order Filing 20 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY IS GRANTED IN PART AS WE CONSIDERED THE NEWLY RAISED ARGUMENTS IN THE SUR-REPLY (ECF DOC.17-1); ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/31/22.1/31/22 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 31, 2022 Opinion or Order Filing 19 ORDER THAT DEFENDANT'S MOTION TO DISMISS BASED ON LACK OF PERSONAL JURISDICTION IS GRANTED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT BY 2/18/22; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/31/22. 1/31/22 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 31, 2022 Opinion or Order Filing 18 MEMORANDUM; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/31/22. 1/31/22 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 31, 2022 Opinion or Order Filing 17 MOTION for Leave to File Surreply To MerchSource, LLCs Reply In Support of Motion To Dismiss filed by REMO SARACENI.Memorandum, Certificate of Service. (Attachments: #1 Exhibit Surreply, #2 Memorandum, #3 Text of Proposed Order)(PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 28, 2022 Opinion or Order Filing 16 REPLY to Response to Motion re #11 MOTION to Dismiss filed by MERCHSOURCE, LLC. (DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 27, 2022 Opinion or Order Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss filed by REMO SARACENI. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 24, 2022 Opinion or Order Filing 14 NOTICE by REMO SARACENI IN ACCORDANCE WITH COURTS ORDER (DOC. 12) REGARDING EXPEDITED JURISDICTIONAL DISCOVERY (PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 21, 2022 Opinion or Order Filing 13 Memorandum in Support re #11 MOTION to Dismiss [Supplement to MerchSource's Motion to Dismiss pursuant to ECF Doc. No. 12] filed by MERCHSOURCE, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 20, 2022 Opinion or Order Filing 12 ORDER MERCHSOURCE SHALL SUPPLEMENT ITS #11 MOTION to Dismiss AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/20/2022. 1/20/2022 ENTERED AND COPIES E-MAILED AND MAILED TO COUNSEL.(uh) [Transferred from Pennsylvania Eastern on 2/10/2022.]
January 11, 2022 Opinion or Order Filing 11 MOTION to Dismiss filed by MERCHSOURCE, LLC. Memorandum, Certificate of Service. (Attachments: #1 Memorandum In Support, #2 Exhibit A, #3 Exhibit B)(DORAN, PATRICK) Modified on 1/12/2022 (tjd). [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 29, 2021 Opinion or Order PAPER #10 MAILED TO COUNSEL (JL ) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 28, 2021 Opinion or Order Filing 10 ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/28/21.12/28/21 ENTERED AND E-MAILED, NOT MAILED TO COUNSEL.(JL ) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 28, 2021 Opinion or Order Filing 9 AMENDED COMPLAINT against All Defendants All Defendants., filed by REMO SARACENI. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 8, 2021 Opinion or Order Filing 8 ORDER THAT THE MOTIONS FOR ADMISSION PRO HAC VICE ARE GRANTED AND KYLE B. FLEMING AND MARK C. JOHNSON ARE ADMITTED TO PRACTICE IN THIS CASE; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/8/21. 12/8/21 ENTERED AND COPIES MAILED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 7, 2021 Opinion or Order Filing 7 MOTION for Pro Hac Vice of Mark C. Johnson ( Filing fee $ 40 receipt number APAEDC-15595314.) filed by MERCHSOURCE, LLC, THREESIXTY GROUP, INC..Certificate of Service. (Attachments: #1 Affidavit of Mark C. Johnson)(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 7, 2021 Opinion or Order Filing 6 MOTION for Pro Hac Vice of Kyle B. Fleming ( Filing fee $ 40 receipt number BPAEDC-15595311.) filed by MERCHSOURCE, LLC, THREESIXTY GROUP, INC..Certificate of Service. (Attachments: #1 Affidavit of Kyle B. Fleming)(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 7, 2021 Opinion or Order Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 including 360 Holdings III Corp with Certificate of Service by MERCHSOURCE, LLC.(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 7, 2021 Opinion or Order Filing 4 MOTION to Dismiss , Or, In the Alternative For More Definite Statement filed by MERCHSOURCE, LLC, THREESIXTY GROUP, INC..Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A - Declaration of Adam Gromfin, #3 Text of Proposed Order)(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
December 7, 2021 Opinion or Order Filing 3 NOTICE of Appearance by PATRICK D. DORAN on behalf of MERCHSOURCE, LLC, THREESIXTY GROUP, INC. with Certificate of Service(DORAN, PATRICK) [Transferred from Pennsylvania Eastern on 2/10/2022.]
November 26, 2021 Opinion or Order Filing 2 AFFIDAVIT of Service by George Sano re: served Summons and Complaint upon Jennifer Najera on behalf of Threesixty Group, Inc. and Merchsource, LLC by Hand delivery to manager/person in charge on November 16, 2021 (PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]
November 10, 2021 Opinion or Order Summons Issued as to MERCHSOURCE, LLC, THREESIXTY GROUP, INC.. E-MAILED To: COUNSEL on 11/10/21 (bw, ) [Transferred from Pennsylvania Eastern on 2/10/2022.]
November 9, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15539349.), filed by REMO SARACENI. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet, #4 Designation Form)(PETOCK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/10/2022.]

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Plaintiff: Remo Saraceni
Represented By: Tiffany Marie Shrenk
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Defendant: MerchSource, LLC
Represented By: Michael J. Flynn
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Defendant: PO John Does
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Defendant: FAO ROC Holdings, LLC
Represented By: Michael J. Flynn
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Defendant: 360 HOLDINGS III CORP.
Represented By: Michael J. Flynn
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