The Atomic Cafe et al v. Roy et al
| John Mahoney and The Atomic Cafe |
| Cold Brew Ventures, LLC, Kyle Roy, Peter Roy, Lean & Local, LLC and Lean & Local, LLC doing business as LEANBOX doing business as Grind or Grind Coffee |
| Judge Edward F. Harrington |
| 1:2017cv11927 |
| October 6, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Indira Talwani |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on March 5, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 65 STIPULATION of Dismissal with Prejudice with certificate of service by Lean & Local, LLC. (Gamache, Heather) |
| Filing 64 Status Report due by noon 3/9/2018. (MacDonald, Gail) |
| Filing 63 ELECTRONIC NOTICE Canceling Hearing. 3/1/18 Status Conf. is cancelled due to report of settlement. (MacDonald, Gail) |
| Filing 62 ELECTRONIC NOTICE Canceling Hearing. The parties notified the Court that they are circulating a settlement agreement for execution, and that mediation is no longer necessary. The parties will file a Stipulation of Dismissal in the coming days. (McLaughlin, Tracy) |
| Filing 61 NOTICE Resetting a Hearing. Evidentiary Hearing set for 4/30/18-5/1/18 is RESET for 5/22/2018 09:00 AM, and if needed, 5/23/2018 09:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 60 ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 2/28/2018 10:00 AM in Courtroom 20 before Senior Judge Edward F. Harrington. Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to tracy_mclaughlin@mad.uscourts.gov or facsimile to (617) 204-5801 by 2/21/2018 at 12:00P.M. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time or the date poses a serious conflict, please contact Tracy McLaughlin at the email address above.(McLaughlin, Tracy) |
| Filing 59 Notice of assignment to ADR Provider. Judge Edward F. Harrington appointed.(Garvin, Brendan) |
| Filing 58 Set/Reset Hearings: Prelim. Inj. Evidentiary Hearing set for 4/30/2018 & 5/1/2018 09:00 AM, in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 57 CASE REFERRED to Alternative Dispute Resolution. (DaSilva, Carolina) |
| Filing 56 Reset Deadlines: Motions to Amend Pleadings due by 4/13/2018. Discovery to be completed by 7/18/2018. Motions due by 9/7/2018. (DaSilva, Carolina) |
| Filing 55 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #54 Joint MOTION to Continue Preliminary Injunction Hearing and Modify Other Deadlines. In light of the parties agreement to attempt to resolve their dispute through mediation with a United States Magistrate Judge serving as mediator, the matter is referred for mediation. The Preliminary Injunction Evidentiary Hearing set for February 28 and, if needed, March 1, 2018, is continued to April 30, 2018, at 9:00 a.m. and if needed, May 1, 2018, at 9:00 a.m. Depositions are stayed pending mediation, and if the matter is not resolved, the deadline to complete depositions and fact discovery relating to the motion for preliminary injunction is extended to April 13, 2018, the deadline for amendment to pleadings is extended to April 13, 2018, the deadline for other fact discovery is extended to July 18, 2018, and the deadline for filing dispositive motions is extended to September 7, 2018. (DaSilva, Carolina) |
| Filing 54 Joint MOTION to Continue Preliminary Injunction Hearing to May 2, 2018 and Modify Other Deadlines by John Mahoney.(Rouvalis, Mark) |
| Filing 53 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #52 Joint MOTION for Extension of Time to February 16, 2018 to Complete Discovery Relating to Motion for Preliminary Injunction. (DaSilva, Carolina) |
| Filing 52 Joint MOTION for Extension of Time to February 16, 2018 to Complete Discovery Relating to Motion for Preliminary Injunction by John Mahoney.(Rouvalis, Mark) |
| Filing 51 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #50 Assented-To Motion to Continue the Evidentiary Hearing. The evidentiary hearing set for February 14 and 15, 2018, is RESET for February 28, 2018, from 9:00 A.M. to 1:00 P.M., and, if needed, March 1, 2018, from 1:00 P.M. to 4:00 P.M. in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 50 Assented to MOTION to Continue evidentiary hearing set for February 14 and 15, 2018 to February 28 and March 2, 2018 or between March 6 and 9, 2018 with Certificate of Service by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy.(Gamache, Heather) |
| Filing 49 Judge Indira Talwani: ORDER entered ALLOWING IN PART and DENYING WITHOUT PREJUDICE IN PART #46 Joint Motion for Entry of Stipulated Protective Order. See Attached Order. (DaSilva, Carolina) |
| Filing 48 ANSWER to Counterclaim Defendants' by John Mahoney.(Rouvalis, Mark) |
| Filing 47 NOTICE Resetting a Hearing. Evidentiary Hearings set for 2/7/2018 & 2/8/2018 are RESET for 2/14/2018 and 2/15/2018 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 46 Joint MOTION for Protective Order JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy. (Attachments: #1 Exhibit A - Proposed Stipulated Order)(Gamache, Heather) |
| Filing 45 Defendants ANSWER to #35 Amended Complaint, Defendants, COUNTERCLAIM against All Plaintiffs by Lean & Local, LLC, Peter Roy, Kyle Roy, Cold Brew Ventures, LLC.(Gamache, Heather) |
| Filing 44 Judge Indira Talwani: ELECTRONIC ORDER entered granting #43 Motion for Extension of Time. Response to Complaint due 12/15/17; initial disclosures to be served by 12/8/17. (MacDonald, Gail) |
| Filing 43 Assented to MOTION for Extension of Time to 12/15/2017 to Extend Deadlines by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy.(Elcock, Thomas) |
| Filing 42 NOTICE of Withdrawal of Appearance by Kelly M. Kirby (Kirby, Kelly) |
| Filing 41 NOTICE of Withdrawal of Appearance by Shepard Davidson (Davidson, Shepard) |
| Filing 40 NOTICE of Appearance by Heather M. Gamache on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Gamache, Heather) |
| Filing 39 NOTICE of Appearance by John F.X. Lawler on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Lawler, John) |
| Filing 38 NOTICE of Appearance by Thomas M. Elcock on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Elcock, Thomas) |
| Filing 37 NOTICE of Appearance by Joseph P. Messina on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Messina, Joseph) |
| Filing 36 ELECTRONIC NOTICE issued requesting courtesy copy for #35 Amended Complaint. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by November 17, 2017 These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) |
| Filing 35 AMENDED COMPLAINT against All Defendants, filed by John Mahoney, The Atomic Cafe. (Attachments: #1 Exhibit Trademarks, #2 Exhibit Commonwealth License, #3 Exhibit License Record, #4 Exhibit Examples of Trademark Infringement, #5 Exhibit Photographs of Kegs and Labels, #6 Exhibit Organizational Chart, #7 Exhibit Email from Kyle Roy)(Strauss, Michael) |
| Filing 33 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER: Motions to Amend Pleadings due by 2/15/2018. Discovery relating to the #2 Motion for Preliminary Injunction completed by 1/19/2018. All other Discovery to be completed by 6/18/2018. Motions due by 8/1/2018. Evidentiary Hearing re: #2 Motion for Preliminary Injunction set for 2/7/2018 10:00 AM in Courtroom 9 before Judge Indira Talwani. Status Conference set for 3/1/2018 03:00 PM in Courtroom 9 before Judge Indira Talwani. See Attached Order (DaSilva, Carolina) |
| Filing 32 ELECTRONIC NOTICE of Hearing. Evidentiary Hearing set for 2/7/2018 and 2/8/2018 at 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 34 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 11/2/2017. Case called. Court has colloquy with counsel. Initial Disclosures in re: to the injunction to be done by 11/13/17; all other initial disclosures to be submitted by 11/30/17. Written discovery cannot be served until after initial disclosures have been completed. Counsel to confer with clerk in regard to dates for evidentiary hearing. Parties to jointly report to clerk any request for ADR. Status Conferences set for 3/1/2018 03:00 PM, 5/2/2018 03:00 PM, and 9/5/2018 02:30 PM in Courtroom 9 before Judge Indira Talwani. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Rouvalis, Strauss, Davidson, Kirby) (MacDonald, Gail) |
| Filing 31 CERTIFICATION pursuant to Local Rule 16.1 Defendants. (Kirby, Kelly) |
| Filing 30 CERTIFICATION pursuant to Local Rule 16.1 by John Mahoney, The Atomic Cafe.(Strauss, Michael) |
| Filing 29 JOINT SUBMISSION pursuant to Local Rule 16.1 (d) - Joint Statement by John Mahoney, The Atomic Cafe.(Strauss, Michael) |
| Filing 28 Judge Indira Talwani: ELECTRONIC ORDER entered granting #27 Motion for Extension of Time to Answer: Cold Brew Ventures, LLC; Lean & Local, LLC: Kyle Roy; and, Peter Royanswer/response due 12/1/2017. (MacDonald, Gail) |
| Filing 27 Assented to MOTION for Extension of Time to December 1, 2017 to Answer Complaint , MOTION for Extension of Time to December 1, 2017 to File Answer re #1 Complaint,, ( Responses due by 11/14/2017) by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy.(Davidson, Shepard) |
| Filing 26 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #23 JOINT Motion for extension of time to file Joint Statement. Counsel shall file the Local Rule 16.1(d) statement by November 1, 2017. (DaSilva, Carolina) |
| Filing 25 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 24 Transcript of Hearing on Motion for Preliminary Injunction held on October 23, 2017, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@comcast.net Redaction Request due 11/20/2017. Redacted Transcript Deadline set for 11/30/2017. Release of Transcript Restriction set for 1/29/2018. (Scalfani, Deborah) |
| Filing 23 Joint MOTION for Leave to File Joint Statement by John Mahoney, The Atomic Cafe.(Strauss, Michael) |
| Filing 22 SUR-REPLY to Motion re #2 MOTION for Preliminary Injunction filed by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy. (Attachments: #1 Affidavit Supp. Aff. Brian Fine, #2 Affidavit Supp. Aff. Kyle Roy)(Kirby, Kelly) |
| Filing 21 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER GRANTING as to the use of the trademarks on all written and electronic material, and DENYING without prejudice as to retail product re: #2 MOTION for Preliminary Injunction. See Attached Order. (DaSilva, Carolina) |
| Filing 20 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/25/2017 re #2 MOTION for Preliminary Injunction filed by The Atomic Cafe, John Mahoney. Case called. Court hears argument on the motion. Defendants are enjoined from using Plaintiffs product name on all electronic and written material and on any website or social media. Defendants are ordered to return any equipment of Plaintiffs' by c.o.b. 10/27/17. Question in re: to trade secrets is deferred; Defendants to submit reply by c.o.b. 10/26/17. Injunction to issue. Status Conference set for 11/2/2017 03:00 PM in Courtroom 9 before Judge Indira Talwani.). (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Rouvalis, Strauss, Davidson, Kirby) (MacDonald, Gail) |
| Filing 19 NOTICE OF MANUAL FILING by John Mahoney, The Atomic Cafe compact disc (Rouvalis, Mark) |
| Filing 18 EXHIBIT from Motion hearing submitted by John Mahoney, The Atomic Cafe. (Attachments: #1 Exhibit Ltr from DPH re MA-9216 license, #2 Exhibit Roche Bros. Bottles, #3 Exhibit Boston Globe Article)(Rouvalis, Mark) |
| Filing 17 ELECTRONIC NOTICE issued requesting courtesy copy for #15 Opposition to Motion, #16 Memorandum in Support of Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by October 26, 2017. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) |
| Filing 16 Second MEMORANDUM in Support re #2 MOTION for Preliminary Injunction filed by John Mahoney, The Atomic Cafe. (Attachments: #1 Affidavit A - Declaration of Michael Strauss, #2 Exhibit 1 - Grind Coffee Website, #3 Exhibit 2 - Grind Coffee Website, #4 Exhibit 3 - Grind Coffee Website, #5 Exhibit 4 - Grind Coffee Website, #6 Exhibit 5 - Grind Coffee Website, #7 Exhibit 6 - Photo of Atomic Coffee Bean Bags, #8 Exhibit 7 - LeanBox Instagram Page, #9 Exhibit 8 - LeanBox Instagram Page, #10 Exhibit 9 - LeanBox Instagram Page, #11 Exhibit 10 - Grind Coffee Instagram Page, #12 Exhibit 11 - LeanBox Instagram Page, #13 Exhibit 12 - Grind Coffee Instagram Page, #14 Exhibit 13 - Atomic Cafe Lab Results for Shelf Life, #15 Exhibit 14 - Atomic Cafe Lab Results for Shelf Life, #16 Exhibit 15 - MA Dept. of Public Health Report, #17 Exhibit 16 - Atomic Employment & Confidentiality Agmt., #18 Exhibit 17 - Employment & Confidentiality Agmt., #19 Exhibit 18 - Food Safety & Food Defense Audit of CBV, #20 Exhibit 19 - Roche Bros. Cold Brew, #21 Exhibit 20 - Roche Bros. Cold Brew, #22 Affidavit B - Supplemental Declaration of John Mahoney, #23 Exhibit 1 - Kyle Roy Email Summarizing Terms, #24 Exhibit 2 - Kyle Roy Email re: Organizational Chart/Procedures, #25 Exhibit 3 - Atty. Breiman Email, #26 Exhibit 4 - Atty. Breiman Email, #27 Exhibit 5 - Kyle Roy Text Message, #28 Exhibit 6 - Kyle Roy Text Message, #29 Exhibit 7 - Kyle Roy Text Message, #30 Exhibit 8 - Doug Caplan Email to John Mahoney, #31 Exhibit 9 - Alina Rudnieva Inacio Email to John Mahoney)(Rouvalis, Mark) |
| Filing 15 Opposition re #2 MOTION for Preliminary Injunction filed by Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy. (Attachments: #1 Affidavit Kyle Roy, #2 Affidavit Gil Breiman, #3 Affidavit Brian Fines, #4 Affidavit Douglas Caplan, #5 Affidavit Shepard Davidson)(Kirby, Kelly) |
| Filing 14 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion #2 MOTION for Preliminary Injunction : Motion Hearing set for 10/23/2017 02:30 PM in Courtroom 9 before Judge Indira Talwani.(MacDonald, Gail) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #11 Motion for Leave to Appear Pro Hac Vice Added Michael E. Strauss. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Filing 12 NOTICE of Appearance by Kelly M. Kirby on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Kirby, Kelly) |
| Filing 11 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael E. Strauss Filing fee: $ 100, receipt number 0101-6843523 by John Mahoney, The Atomic Cafe. (Attachments: #1 Exhibit Declaration of Michael E. Strauss, Esq.)(Rouvalis, Mark) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE Executed by Lean & Local, LLC, Peter Roy, Kyle Roy, Cold Brew Ventures, LLC. Lean & Local, LLC served on 10/10/2017, answer due 10/31/2017; Peter Roy served on 10/10/2017, answer due 10/31/2017; Kyle Roy served on 10/10/2017, answer due 10/31/2017; Cold Brew Ventures, LLC served on 10/10/2017, answer due 10/31/2017. Acknowledgment filed by Lean & Local, LLC; Peter Roy; Kyle Roy; Cold Brew Ventures, LLC. (Davidson, Shepard) |
| Filing 9 NOTICE of Appearance by Shepard Davidson on behalf of Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy (Davidson, Shepard) |
| Filing 8 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (DaSilva, Carolina) |
| Filing 7 Judge Indira Talwani: ORDER entered re: #2 MOTION for Preliminary Injunction and Request for Expedited Hearing. See Attached Order. (DaSilva, Carolina) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (adminn, ) |
| Filing 5 Summons Issued as to Cold Brew Ventures, LLC, Lean & Local, LLC, Kyle Roy, Peter Roy. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Coppola, Katelyn) |
| Filing 4 AFFIDAVIT of John Mahoney in Support re #2 MOTION for Preliminary Injunction filed by John Mahoney, The Atomic Cafe. (Rouvalis, Mark) |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Preliminary Injunction filed by John Mahoney, The Atomic Cafe. (Rouvalis, Mark) |
| Filing 2 MOTION for Preliminary Injunction by John Mahoney, The Atomic Cafe.(Rouvalis, Mark) |
| Filing 1 COMPLAINT against Kyle Roy et al. Filing fee: $ 400, receipt number 0101-6830146 (Fee Status: Filing Fee paid), filed by John Mahoney, The Atomic Cafe. (Attachments: #1 Exhibit Trademarks, #2 Exhibit Commonwealth License, #3 Exhibit Infringing Uses of Plaintiffs' Trademark, #4 Exhibit Photographs of Kegs and Labels, #5 Exhibit Organizational Chart, #6 Exhibit K. Roy Email)(Rouvalis, Mark) Modified on 10/6/2017 (Coppola, Katelyn). (Additional attachment(s) added on 10/6/2017: #7 Civil Cover Sheet) (Coppola, Katelyn). (Additional attachment(s) added on 10/12/2017: #8 Category sheet) (Coppola, Katelyn). (Attachment 8 replaced on 11/2/2017 due to fillable format) (DaSilva, Carolina). |
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