BBK Tobacco & Foods, LLP v. Mash Enterprise, LLC et al
| BBK Tobacco & Foods, LLP doing business as HBI International |
| Mashkoor Hassan, MIT Distribution LLC, Mahide Rahman and Mash Enterprise, LLC |
| 1:2024cv02610 |
| June 14, 2024 |
| U.S. District Court for the Northern District of Georgia |
| Amy Totenberg |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on August 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 APPLICATION for Admission of Darin M. Klemchuk Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13640573).by BBK Tobacco & Foods, LLP. (Attachments: #1 Proposed Order)(Snedeker, Alice) Documents for this entry are not available for viewing outside the courthouse. |
Filing 37
ORDER extending the Temporary Restraining Order for an additional 14 dyas, through and including 8/20/2024. As discussed on the most recent hearing, this will be the final extension of the TRO, absent unanticipated changed circumstances. Signed by Judge Amy Totenberg on 8/5/2024. (dob)
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| Filing 36 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Status Conference held on 8/5/2024. Written order to follow. (Court Reporter Keisha Crump)(dob) |
| Filing 35 CERTIFICATE OF SERVICE re #24 Order,, Mash discovery responses by Mashkoor Hassan.(Rigrish, Robert) |
| Filing 34 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 7/23/2024. Status conference. Written order to follow. (Court Reporter Shannon Welch)(dob) |
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Filing 33
ORDER extending the Temporary Restraining Order for an additional 14 days, through and including 8/6/2024. The Courts schedules a telephonic hearing 8/5/2024 at 02:00 PM before Judge Amy Totenberg. See order for dial-in information. Signed by Judge Amy Totenberg on 7/23/2024. (dob)
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Filing 32
ORDER: The Court finds that there is good cause to EXTEND the TRO for an additional fourteen days, through and including July 25, 2024. The Court has set another teleconference for July 23, 2024 at 9:00 a.m., at which time the MIT Defendants and/or any other affected persons may challenge the appropriateness of this TRO and move to dissolve the same, and at which time the Court will determine whether there is good cause to again extend the TRO. The dial-in information for this hearing is 1-888-684-8852 and the access code is 7001576#. Signed by Judge Amy Totenberg on 7/11/2024. (kng)
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| Filing 31 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Status Conference held on 7/11/2024. Written order to follow. (Court Reporter Penny Coudriet)(dob) |
| Filing 30 Certificate of Interested Persons and Corporate Disclosure Statement by Mash Enterprise, LLC. and Mashkoor Hassan (Rigrish, Robert) Modified on 7/10/2024 to add applicable filer(dob). |
| Filing 29 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by BBK Tobacco & Foods, LLP. Exhibits to be Destroyed.. (Snedeker, Alice) |
| NOTICE OF RESCHEDULING TELECONFERENCE: Teleconference rescheduled for 7/11/2024 at 09:00 AM before Judge Amy Totenberg. Connection Instructions: Please Call 1-888-684-8852; Access Code 7001576# Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. (kng) Modified on 7/10/2024 (kng). |
| Filing 28 ANSWER to #1 COMPLAINT with Jury Demand by Mashkoor Hassan and by Mash Enterprise, LLC. Discovery ends on 12/2/2024.(Rigrish, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 27 TRANSCRIPT of Proceedings held on 6/26/2024, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/court-reporter-directory. 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 7/23/2024. Redacted Transcript Deadline set for 8/2/2024. Release of Transcript Restriction set for 9/30/2024. (Attachments: #1 Notice of Filing) (srw) |
| TRO Bond Paid: $ 1500.00, receipt number 100012617. (dob) |
| Filing 26 NOTICE TO PLAINTIFF'S COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS from the TRO hearing held June 26, 2024 pursuant to Local Rule 79.1D. Re: #25 Exhibits. (sct) |
| Filing 25 EXHIBITS (Plaintiff's Exhibits: 1, 2) admitted and retained at the #22 Evidentiary Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Pltf Ex. 1, #2 Pltf Ex. 2)(sct) |
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Filing 24
ORDER AND NOTICE. This Order provides notice to all parties with active cases before the Court that, as of July 1, 2024, the marvelous and extraordinarily capable Harry Martin will no longer be the Courtroom Deputy for the undersigned. Mr. Martin has ascended to a leadership position in the Clerk's Office where he will continue his superb service to the Court, and the public, at large. Please direct all future communications regarding court matters to the undersigned's new Courtroom Deputy, Keri Gardner, at keri_gardner@gand.uscourts.gov and 404-215-1437. Signed by Judge Amy Totenberg on 6/27/2024. (bgt)
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Filing 23
TEMPORARY RESTRAINING ORDER. The Court GRANTS IN PART AND DENIES IN PART Plaintiffs #5 Motion, which the Court construes as a request for a TRO and expedited discovery. IT IS FURTHER ORDERED that, within three business days of entry of this Order, HBI will post a bond, cash, or check with the Clerk of Court in the amount of one thousand five hundred dollars ($1,500), which the Court finds is sufficient security for payment of such costs and damages. It is ordered that by 7/24/2024 Defendants shall serve upon Plaintiff the items listed in this order. The Court FURTHER ORDERS that a telephonic hearing is set before this Court on July 9, 2024, at 9:00 a.m. where the Court will determine whether there is good cause to extend and renew the TRO through the end of the expedited discovery period. The dial-in information for this hearing is 1-888-684-8852 and the access code is 7001576#. This Temporary Restraining Order expires within fourteen days unless extended for good cause. Signed by Judge Amy Totenberg on 6/27/2024. (dob)
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| Filing 22 Minute Entry for proceedings held before Judge Amy Totenberg: Evidentiary Hearing held on 6/26/2024. Defendant Mashkoor Hassan sworn and testified. Plaintiff exhibits 1 and 2 admitted. Ian Kobe sworn and testified. John Hood sworn and testified. Written order to follow. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Shannon Welch)(dob) Modified on 6/27/2024 to edit text (dob). |
| Filing 21 CERTIFICATE of Compliance Counsel Winograd, Rigrish for Defendants Mash Enterprise and Hassan (Rigrish, Robert) |
| Filing 20 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction MOTION to Expedite filed by Mashkoor Hassan. (Attachments: #1 Affidavit Decl. of Hassan, #2 Affidavit Decl. of Qureshi, #3 Exhibit Ex C, website report)(Rigrish, Robert) |
| Filing 19 NOTICE of Appearance by Robert Ernest Rigrish and Harry J. Winograd on behalf of Mashkoor Hassan and Mash Enterprise, LLC. (Rigrish, Robert) Modified on 6/26/2024 to add applicable attorney and filer (dob). |
| Set Deadlines/Hearings: MIT Distribution LLC answer due 7/13/2024. (dob) |
| Notification of Docket Correction re #17 Return of Service Executed. Pleading filed with incorrect serve date and answer due date. Clerk made necessary changes. (dob) |
| Filing 18 Return of Service Executed by BBK Tobacco & Foods, LLP. Mahide Rahman served on 6/22/2024, answer due 7/15/2024. (Snedeker, Alice) |
| Filing 17 Return of Service Executed by BBK Tobacco & Foods, LLP. MIT Distribution LLC served on 6/22/2024, answer due 7/13/2024. (Snedeker, Alice) Modified on 6/26/2024 to edit serve and answer dates (dob). |
| Filing 16 CERTIFICATE of Compliance re #15 Order by Plaintiff BBK Tobacco & Foods LLP dba HBI International (Snedeker, Alice) |
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Filing 15
STANDING ORDER: Guidelines to Parties and Counsel. Signed by Judge Amy Totenberg on 6/21/2024. (dob)
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ORDER, by docket entry only, granting #10 , #11 , and #12 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 6/21/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| Filing 14 NOTICE Of Filing Additional Documents by BBK Tobacco & Foods, LLP re #9 Order Setting Hearing on Motion,, #5 MOTION for Preliminary Injunction MOTION to Expedite (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Corrected Hood Declaration, #3 Exhibit C - Revised FOF & COL for PI motion)(Snedeker, Alice) |
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Filing 13
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 6/26/2024 at 3:00 p.m. before Judge Amy Totenberg. Signed by Judge Amy Totenberg on 6/20/2024. (dob)
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| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Gianna E. Cricco-Lizza Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514101). Attorney Gianna Cricco-Lizza added appearing on behalf of BBK Tobacco & Foods, LLP. E-filing access may be requested after an order granting the application is entered. (esr) |
| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Maria R. Sinatra Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514139). Attorney Maria R. Sinatra added appearing on behalf of BBK Tobacco & Foods, LLP. E-filing access may be requested after an order granting the application is entered. (esr) |
| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Marcella Ballard Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514077). Attorney Marcella Ballard added appearing on behalf of BBK Tobacco & Foods, LLP. E-filing access may be requested after an order granting the application is entered. (esr) |
| Filing 12 APPLICATION for Admission of Maria R. Sinatra Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514139).by BBK Tobacco & Foods, LLP. (Attachments: #1 Proposed Order)(Snedeker, Alice) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 11 APPLICATION for Admission of Gianna E. Cricco-Lizza Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514101).by BBK Tobacco & Foods, LLP. (Attachments: #1 Proposed Order)(Snedeker, Alice) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 10 APPLICATION for Admission of Marcella Ballard Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13514077).by BBK Tobacco & Foods, LLP. (Attachments: #1 Proposed Order)(Snedeker, Alice) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 9
ORDER Setting Hearing on #5 MOTION for Preliminary Injunction. Motion Hearing set for 6/26/2024 at 03:00 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. Plaintiff is DIRECTED to serve a copy of this order on Defendants by electronic means (if possible) and by certified mail today, June 18, 2024. The Court further DIRECTS Plaintiff to submit a more comprehensive and detailed proposed order that establishes the legal and factual bases for the requested relief. The Clerk is DIRECTED to serve this order on Defendants. Signed by Judge Amy Totenberg on 6/18/2024. (dob)
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| Filing 8 Return of Service Executed by BBK Tobacco & Foods, LLP. Mash Enterprise, LLC served on 6/17/2024, answer due 7/8/2024. (Snedeker, Alice) |
| Filing 7 Return of Service Executed by BBK Tobacco & Foods, LLP. Mashkoor Hassan served on 6/17/2024, answer due 7/8/2024. (Snedeker, Alice) |
| Clerk's Certificate of Mailing as to Mashkoor Hassan, MIT Distribution LLC, Mash Enterprise, LLC, Mahide Rahman re #9 Order Setting Hearing on Motion. (dob) |
| Submission of #5 MOTION for Preliminary Injunction and Limited Expedited Discovery with Brief In Support by BBK Tobacco & Foods, LLP to District Judge Amy Totenberg. (bgt) |
| Notification of Docket Correction: Case assigned to Judge Ray in error. Case reassigned to Judge Totenberg. (bgt) |
| Filing 6 Electronic Summons Issued as to Mashkoor Hassan, MIT Distribution LLC, Mash Enterprise, LLC, Mahide Rahman. (Attachments: #1 Mash Enterprise, #2 MIT, #3 Rahman)(jpa) |
| Filing 5 MOTION for Preliminary Injunction and Limited Expedited Discovery with Brief In Support by BBK Tobacco & Foods, LLP. by BBK Tobacco & Foods, LLP. (jpa) (Additional attachment(s) added on 6/17/2024: #1 Brief in Support, #2 Kobe Declaration, #3 Hood decl, #4 Proposed Order) (jpa). |
| Filing 4 Corporate Disclosure Statement by BBK Tobacco & Foods, LLP identifying Corporate Parent BBK Tobacco & Food Products, LLC, Corporate Parent Joshua D. Kesselman, Corporate Parent Coco Bella Kesselman for BBK Tobacco & Foods, LLP. (jpa) |
| Filing 3 AO Form 121 forwarded to Registrar. (jpa) |
| Filing 2 AO Form 120 forwarded to Commissioner. (jpa) (Additional attachment(s) added on 6/14/2024: #1 Corrected Main Document) (jpa). |
| Filing 1 COMPLAINT with Jury Demand filed by BBK Tobacco & Foods, LLP. (Filing fee $405, receipt number AGANDC-13507348) (Attachments: #1 Civil Cover Sheet)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #5 MOTION for Preliminary Injunction MOTION to Expedite, to District Judge William M. Ray II. (jpa) |
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