Tommy's Destiny, Inc. et al v. Fury Asian Foods, Inc.
| Tommy's Destiny, Inc. and Poppy, Inc. |
| Fury Asian Foods, Inc. |
| 2:2022cv00087 |
| July 5, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| William O Bertelsman |
| David L Bunning |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 JOINT REPORT of Rule 26(f) Planning Meeting. (Bahorik, Zachary) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #34 Joint Report of Rule 26(f) Planning Meeting. (SLG) |
Filing 33
ORDER: Proposed Agreed Order Regarding Motion for Temporary Restraining Order and Preliminary Injunction #32 by Poppy, Inc., Tommy's Destiny, Inc. is GRANTED. The briefing schedule on the Motion and the hearing currently set for August 18, 2022 before the Court regarding the Motion are hereby VACATED. The Parties will submit a proposed scheduling order for the Court's consideration to resolve all remaining claims and defenses in this case by September 2, 2022. (Parties shall comply w/1-8 of this order) Signed by Judge David L. Bunning on 8/13/2022.(SLG)cc: COR and John F. Bennett by US Mail, COV Diary
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| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #32 Proposed Agreed Order Regarding Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (SLG) |
| Filing 32 Proposed Agreed Order re #8 Regarding Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) Modified on 8/15/2022 (SLG). |
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Filing 31
ORDER: Plaintiffs' motion #30 is GRANTED. John F. Bennett shall be permitted to appear pro hac vice on behalf of Plaintiffs in the above-captioned action. Signed by Magistrate Judge Edward B. Atkins on 8/12/2022. (SLG)cc: COR and John F. Bennett by US Mail
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| BAR STATUS Check completed as to John F. Bennett re #30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094). (SLG) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094). (SLG) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to John F. Bennett: re #31 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to John F. Bennett (SLG) |
| Filing 30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A-Affidavit of John F. Bennett, #2 Proposed Order)(Bahorik, Zachary) (Additional attachment(s) added on 8/12/2022: #3 Exhibit B-Certificate of Good Standing) (SLG). Modified on 8/12/2022 (SLG). |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #26 Answer to Complaint with Jury Demand by Fury Asian Foods, Inc. (SLG) |
| Filing 29 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction filed by Fury Asian Foods, Inc.. (Attachments: #1 Exhibit Declaration)(Morgan, Michael) |
| Filing 28 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 8/3/2022 before Judge David L. Bunning: The Court's previous briefing and hearing schedule, as outlined in its July 20 Order #19 remains in effect. Signed by David L. Bunning. (SLG)cc: COR |
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Filing 27
VIRTUAL ORDER: Having reviewed the parties' respective Notices #24 and #25 , IT IS ORDERED this matter is scheduled for a telephonic conference on August 3, 2022 at 4:00 p.m. Signed by Judge David L. Bunning on 8/3/2022.(SLG)cc: COR,COV Diary
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| Filing 26 ANSWER to #1 Complaint,,,,, with Jury Demand by Fury Asian Foods, Inc..(Morgan, Michael) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #25 Notice of Settlement, #24 Notice (ECO) |
| Filing 25 NOTICE of Settlement (Plaintiffs' Notice Regarding Settlement) by Poppy, Inc., Tommy's Destiny, Inc. (Attachments: #1 Exhibit Exhibit 1 - Joint Notice Regarding Settlement)(Bahorik, Zachary) |
| Filing 24 NOTICE by Fury Asian Foods, Inc. re #19 Status Conference; Set Motion and R&R Deadlines/Hearings; Set Hearings (Attachments: #1 Exhibit-Certificate of Assumed Name )(Morgan, Michael) Modified text on 8/1/2022 (ECO). |
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Filing 23
ORDER: the parties Agreed Order for Extension of Time #22 is GRANTED. Defendant shall Answer or otherwise respond to Plaintiffs' Complaint no later than August 3, 2022. Signed by Magistrate Judge Edward B. Atkins on 7/28/2022. (SLG)cc: COR and Jocelyn C. Smith, John F. Bennett by US Mail
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jocelyn C. Smith: re #20 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jocelyn C. Smith (SLG) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #22 Proposed Agreed Order for Extension of Time to Answer Plaintiff's Complaint by Fury Asian Foods, Inc. (SLG) |
| Filing 22 Proposed Agreed Order for Extension of Time to Answer Plaintiff's Complaint by Fury Asian Foods, Inc. (Morgan, Michael) Modified on 7/25/2022 (SLG). |
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Filing 21
ORDER: the Plaintiffs' motion #14 is GRANTED. Paul J. Linden shall be permitted to appear pro hac vice on behalf of the Plaintiffs in this matter. Signed by Magistrate Judge Edward B. Atkins on 7/22/2022. (SLG)cc: COR and Paul J. Linden by US Mail
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Filing 20
ORDER: the Plaintiffs' motion #15 is GRANTED. Jocelyn C. Smith shall be permitted to appear pro hac vice on behalf of the Plaintiffs in this matter. Signed by Magistrate Judge Edward B. Atkins on 7/22/2022. (SLG)cc: COR and Jocelyn C. Smith by US Mail
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| Filing 19 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 7/20/2022, before Judge David L. Bunning: (1) The parties shall meet and confer as to the possibility of settlement, and file a Notice on the outcome of those discussions on or before Friday, July 29, 2022; (2) If the parties are unable to resolve the matter, Defendant shall file a Response to the Plaintiffs' Motion #8 on or before Wednesday, August 3, 2022; (3) Any Reply by Plaintiffs shall be filed on or before Friday, August 12, 2022; and (4) The matter is scheduled for an Evidentiary Hearing/Oral Argument on the pending motion on Thursday, 8/18/2022 10:00 AM in Covington, with one (1)hour being reserved for presentation of proof and argument by each party. (Court Reporter Lisa Wiesman.) Signed by David L. Bunning. (SLG)cc: COR,COV Diary and Jocelyn Smith and Paul Linden by US Mail |
| Filing 18 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Fury Asian Foods, Inc.. (Morgan, Michael) |
| Filing 17 NOTICE OF APPEARANCE by Fury Asian Foods, Inc.. (Morgan, Michael) |
| Filing 16 NOTICE OF APPEARANCE by Fury Asian Foods, Inc.. (Craft, Brent) |
| BAR STATUS Check completed as to Paul Jason Linden re #14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867). (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867), #15 MOTION for Jocelyn C. Smith to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310904) (ECO) |
| Filing 15 MOTION for Jocelyn C. Smith to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310904)Motions referred to Edward B. Atkins. (Attachments: #1 Affidavit Jocelyn C. Smith, #2 Proposed Order Jocelyn C. Smith)(Bahorik, Zachary) |
| Filing 14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867)Motions referred to Edward B. Atkins. (Attachments: #1 Affidavit Paul J. Linden, #2 Proposed Order Paul J. Linden)(Bahorik, Zachary) |
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Filing 13
ORDER: this matter is set for a TELEPHONIC STATUS CONFERENCE set for Wednesday, 7/20/2022 at 02:00 PM. The parties must dial in to this conference at least five (5) minutes before the scheduled time by following these steps: (1) Call AT&T Teleconferencing at 1-877-336-1839; and(2) Enter access code 8854898. Signed by Judge David L. Bunning on 07/12/2022.(SLG)cc: COR,COV Diary
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| Filing 12 AFFIDAVIT of Service for Complaint and Motion for Temporary Restraining Order and Preliminary Injunction to Morgan Smith Porter, PLLC c/o Michael J. Morgan, Esq. served on 1 on 07/06/2022, filed by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
| Clerk's Note: Attorneys contacted chambers to advise the Court that the re #9 Proposed Agreed Order was labeled incorrectly. Clerk edited the docket entry to take out "Agreed" per Chambers. (ECO) |
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Filing 10
ORDER: that this matter be, and it is, hereby reassigned to the Honorable David L. Bunning, Judge of the United States District Court for the Eastern District of Kentucky. Signed by Judge William O. Bertelsman on 7/7/2022.(ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction, #9 Proposed Agreed Order Granting Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (ECO) |
| Filing 9 Proposed Order Granting Temporary Restraining Order and Preliminary Injunction re: #8 Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (Bahorik, Zachary) Modified text on 7/7/2022 (ECO). Modified text on 7/11/2022 (ECO). |
| Filing 8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction (Bahorik, Zachary) (Additional attachment(s) added on 7/8/2022: #1 Proposed Agreed Order) (ECO). |
| Filing 7 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Poppy, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
| Filing 6 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Poppy, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
| Filing 5 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Plaintiff Tommy's Destiny, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
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Filing 4
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 3 Summons Issued as to Fury Asian Foods, Inc. ; Summons issued and returned to counsel electronically (ECO) |
| Filing 1 VERIFIED COMPLAINT ( Filing fee $402; receipt number AKYEDC-5304352), filed by Tommy's Destiny, Inc., Poppy, Inc.. (Attachments: #1 Exhibit A-Sakura meaning, #2 Exhibit B-Saku meaning, #3 Exhibit C-Sakura Japanese Steakhouse Google Search, #4 Exhibit D-Ads in Prestige Living Magazine, #5 Exhibit E-Facebook advertisements, #6 Exhibit F-www.sakuracincy.com website, #7 Exhibit G-directions from Hollywood casino to Sakura Lawrenceburg, #8 Exhibit H-Leisure Group Travel-Dearborn County, #9 Exhibit I-Selected pages of reservation books (redacted), #10 Exhibit J-Fury Asian Foods corporate information, #11 Exhibit K-Defendant's Kentucky assumed name Saku Japanese Steakhouse, #12 Exhibit L-Defendant's Kentucky assumed name Saku Japanese Steadhouse, #13 Exhibit M-Link N.KY Article, #14 Exhibit N-Indeed job posting, #15 Exhibit O-Facebook Post with Pic(redacted), #16 Exhibit P-Cease and Desist letter-April 2,2022, #17 Exhibit Q-Response to Cease and Desist Letter April 14, 2022, #18 Exhibit S-Google Search(Sakura +Ft. Thomas, #19 Civil Cover Sheet, #20 Proposed Order, #21 Summons to Fury Asian Foods, Inc.)(ECO) (Additional attachment(s) added on 7/6/2022: #22 Exhibit R-Photos of Defendant's Business May 26, 2022) (ECO). |
| Conflict Check run. (ECO) |
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