PRIME HOOKAH, INC. v. MK DISTRIBUTORS INC. et al
| PRIME HOOKAH, INC. |
| RASHID AZEEM, URV ASHIBEN PATEL, CHAUDHARY QASIM LATIF, KING GT INC., Does 1-10, ABC Company, TANVEER SYED SHAH and MK DISTRIBUTORS INC. |
| 1:2020cv10231 |
| February 6, 2020 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 4/2/2020. Case called. Courts sets briefing schedule as follows: oppositions due 4/24/2020; replies due 5/1/2020. Court sets hearing date. NOTICE OF HEARING: Hearing on #66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , and #65 MOTION for Preliminary Injunction : Motion Hearing set for 5/6/2020 02:00 PM before Chief Judge F. Dennis Saylor IV. This hearing may be held by telephone/video; the clerk shall be in contact with parties prior to determine same. The clerk shall post updated hearing information on the docket when it becomes available. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Landau, Nur-Vaccaro) (Bono, Christine) |
| Filing 67 MEMORANDUM in Support re #66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (McInnes, John) |
| Filing 66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (Attachments: #1 Text of Proposed Order)(McInnes, John) |
| Filing 65 MOTION for Preliminary Injunction by PRIME HOOKAH, INC..(Landau, Eric) |
| Filing 64 ELECTRONIC NOTICE OF RESCHEDULING: Telephone Conference reset for 4/2/2020 03:30 PM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. This hearing shall be conducted by telephone only.Please use the following call-in information: DIAL IN #: 888-675-2535; ACCESS CODE: 7629998. (Please do not put call on speaker or hold. Please call from a quiet area and place call on mute if you will not be speaking.)(Bono, Christine) |
| Filing 62 NOTICE by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH of Joint Notice Regarding Mediation (McInnes, John) |
| Filing 63 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 3/11/2020. Case called. Parties update court as to status of discovery. Answer has not been filed. Defendant may seek to file Motion to Dismiss. Court orders filing of notice regarding participation in mediation by 3/18/2020. Motions to Dismiss/for Judgment on the Pleadings shall be filed by 4/1/2020. Rule 26 Initial Disclosures shall be filed by 4/1/2020. Court sets further status conference.NOTICE OF HEARING: Telephone Conference set for 4/3/2020 03:30 PM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. Please use the following call-in information: DIAL IN #: 888-675-2535; ACCESS CODE: 7629998. (Please do not put call on speaker or hold. Please call from a quiet area and place call on mute if you will not be speaking.) (Court Reporter: Kristin Kelly, kmob929@gmail.com.) (Attorneys present: Landau, Nur-Vaccaro) (Bono, Christine) |
| Filing 61 ELECTRONIC NOTICE OF RESCHEDULING: Status Conference reset for 3/11/2020 03:00 PM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. (Status conference previously set for 3/10/2020 is canceled.) (Bono, Christine) |
| Filing 60 Request to adjourn the status conference Letter/request (non-motion) from Eric S. Landau Esq . (Landau, Eric) |
| Filing 59 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #58 Motion for Leave to Appear Pro Hac Vice Added Eric S. Landau. 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. (Halley, Taylor) |
| Filing 58 MOTION for Leave to Appear Pro Hac Vice for admission of Eric S. Landau by PRIME HOOKAH, INC..(Halley, Taylor) |
| Filing 57 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #56 Motion for Leave to Appear Pro Hac Vice Added Firouzeh Nur-Vaccaro. 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. (Halley, Taylor) |
| Filing 56 First MOTION for Leave to Appear Pro Hac Vice for admission of Firouzeh Nur-Vaccaro Filing fee: $ 100, receipt number 0101-8129650 by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (Attachments: #1 Exhibit Exhibit A)(McInnes, John) |
| Filing 55 NOTICE of Appearance by John T. McInnes on behalf of RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH (McInnes, John) Corrected on 2/27/2020 to remove ABC Company and Does 1-10, at request of J. McInnes.(Bono, Christine). |
| Filing 54 Letter/request (non-motion) from Eric Landau, Esq. (Bono, Christine) |
| Filing 53 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/10/2020 10:30 AM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. Parties may request to participate by telephone, and to receive dial-in information, by emailing the deputy clerk at least 2 days prior to the hearing. (Bono, Christine) |
| Filing 52 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV 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 M. Page Kelley. (Danieli, Chris) |
| Filing 51 Case transferred in from District of New Jersey; Case Number 3:19-cv-07283. |
| ***Civil Case Terminated. (jdb) |
Filing 50
ORDER denying #41 Motion to Dismiss; granting Defendants Motion to transfer this matter to the United States District Court for the District of Massachusetts; and denying Plaintiffs Motion for a Preliminary Injunction. Signed by Chief Judge Freda L. Wolfson on 02/05/2020. (jdb)
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| Filing 49 OPINION filed. Signed by Chief Judge Freda L. Wolfson on 02/05/2020. (jdb) |
| Filing 48 Letter from Eric Landau re #41 MOTION to Dismiss Plaintiff's Complaint, #44 Brief in Opposition to Motion,. (LANDAU, ERIC) |
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Filing 47
TEXT ORDER re #46 Letter. Pursuant to L. Civ. R. 7.1(d)(3), a moving party may file a reply brief without permission of the Court, so long as the motion is not one of the following: a cross-motion under L.Civ.R. 7.1(h); a motion for reconsideration under L.Civ.R. 7.1(i); a case Management motion under L.Civ.R. 16.1(g)(2); or a discovery motion under L.Civ.R. 37.1(b)(3). Accordingly, ECF No. 45 is not an improper sur-reply and will be considered by the Court in ruling on Defendants' motion to dismiss. Further, the Court will consider Plaintiff's cross-motion for injunctive relief after determining whether it has personal jurisdiction over Defendants. So Ordered by Chief Judge Freda L. Wolfson on 9/16/2019. (Fang, W)
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| Filing 46 Letter from Eric S. Landau Esq re #44 Brief in Opposition to Motion, #45 Reply Brief to Opposition to Motion,. (Attachments: #1 Exhibit emails with GT)(LANDAU, ERIC) |
| Filing 45 REPLY BRIEF to Opposition to Motion filed by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH re #41 MOTION to Dismiss Plaintiff's Complaint (NUR-VACCARO, FIROUZEH) |
| Filing 44 BRIEF in Opposition filed by PRIME HOOKAH, INC. re #41 MOTION to Dismiss Plaintiff's Complaint and crossmotion for injunctional relief (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(LANDAU, ERIC) |
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Filing 43
LETTER ORDER granting Plaintiff's request for an extension. Plaintiff's Opposition due 9/3/2019; Return date reset for 9/16/2019. Signed by Chief Judge Freda L. Wolfson on 8/21/2019. (km)
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| Set Deadlines as to #41 MOTION to Dismiss Plaintiff's Complaint. Motion set for 9/16/2019 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
| Filing 42 Letter from Eric S. Landau re #41 MOTION to Dismiss Plaintiff's Complaint, Set/Reset Motion and R&R Deadlines/Hearings,. (LANDAU, ERIC) |
| Set Deadlines as to #41 MOTION to Dismiss Plaintiff's Complaint. Motion set for 9/3/2019 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
| Filing 41 MOTION to Dismiss Plaintiff's Complaint by RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (Attachments: #1 Brief, #2 Declaration Azeem, #3 Declaration Latif, #4 Declaration Patel, #5 Declaration Shah, #6 Text of Proposed Order)(NUR-VACCARO, FIROUZEH) |
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Filing 40
LETTER ORDER granting #19 Motion to Set Aside Default and denying #20 Motion for Default Judgment as moot. It is ORDERED that the Defendant shall have until 8/2/2019 to answer, move, or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/15/2019. (km)
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Filing 39
LETTER ORDER that the Defendants' answer date shall be extended 21 days after the Motion to Set Aside Default is decided. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/6/2019. (km)
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| Filing 38 Application and Proposed Order for Clerk's Order to extend time to answer as to Answer Deadline for Defendants King GT Inc., Rashid Azeem, and Chaudhary Qasim Lateef.. (NUR-VACCARO, FIROUZEH) |
| Clerk`s Text Order - The document #38 Application for Clerk's Order to Ext Answer/Proposed Order submitted by CHAUDHARY QASIM LATIF, KING GT INC., RASHID AZEEM has been GRANTED. The answer due date has been set for 6/20/2019. (jem) |
| Filing 37 Letter from Eric S. Landau Esq re #35 Letter, #36 Letter. (LANDAU, ERIC) |
| Filing 36 Letter from Counsel for Defendants. (NUR-VACCARO, FIROUZEH) |
| Filing 35 Letter re #24 Order on Motion for Miscellaneous Relief,. (LANDAU, ERIC) |
| Filing 34 Letter from Counsel for Defendants MK Distributors Inc., Urvashiben Patel, and Tanveer Syed Shah re #33 Letter. (NUR-VACCARO, FIROUZEH) |
| Filing 33 Letter from Eric S. Landau re #29 Reply Brief to Opposition to Motion,. (LANDAU, ERIC) |
| Filing 32 REPLY BRIEF to Opposition to Motion filed by PRIME HOOKAH, INC. re #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) Amended with exhibits (LANDAU, ERIC) |
| Filing 31 RESPONSE in Opposition filed by PRIME HOOKAH, INC. re #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) Amended with exhibits (LANDAU, ERIC) |
| CLERK'S QUALITY CONTROL MESSAGE - The Opposition to Remove Default, d.e. #30 filed by Eric Landau on 5/28/2019 was submitted incorrectly as a Motion to Amend/Correct. PLEASE RESUBMIT THE Opposition to the Motion USING Civil - Motions and Related Filings - Responses and Replies - Response in Opposition to Motion. The motion is terminated. This submission will remain on the docket unless otherwise ordered by the court. (km) |
| Filing 30 First MOTION to Amend/Correct #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c), #28 Response in Opposition to Motion same motion with the exhibits by PRIME HOOKAH, INC.. (LANDAU, ERIC) |
| Filing 29 REPLY BRIEF to Opposition to Motion filed by MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH re #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(NUR-VACCARO, FIROUZEH) |
| Filing 28 RESPONSE in Opposition filed by PRIME HOOKAH, INC. re #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) (LANDAU, ERIC) |
| Filing 27 CERTIFICATE OF SERVICE by PRIME HOOKAH, INC. re #24 Order on Motion for Miscellaneous Relief, #1 Complaint (LANDAU, ERIC) |
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Filing 26
LETTER ORDER that Plaintiff's Motion for default judgment is Stayed pending a decision on Defendants' Motion to set aside default. Signed by Judge Freda L. Wolfson on 5/8/2019. (km)
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| Filing 25 Letter from Eric S. Landau re #23 Letter. (LANDAU, ERIC) |
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Filing 24
ORDER granting #15 Motion for Alternative service on Defendants King GT INC., Rashid Azeem, and Chaudhary Qasim Latif. It is Ordered that the Plaintiff is to simultaneously send by certified mail with a return receipt requested and by regular mail. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/7/2019. (km)
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| Filing 23 Letter from Counsel for Defendants MK Distributors Inc., Urvashiben Patel, and Tanveer Syed Shah re #20 MOTION for Default Judgment as to . (NUR-VACCARO, FIROUZEH) |
| CLERK'S QUALITY CONTROL MESSAGE - The Request to Stay the #20 Motion for Default Judgment, d.e. #22 , filed by Firouzeh Nur-Vaccaro on 5/6/2019 was submitted incorrectly as a Motion.. PLEASE RESUBMIT THE Letter Request to Stay the Motion for Default Judgment USING the event LETTER. The motion is terminated. This submission will remain on the docket unless otherwise ordered by the court. (km) |
| Filing 22 MOTION to Stay re #20 MOTION for Default Judgment as to Defendants MK Distributors Inc., Urvashiben Patel, and Tanveer Syed Shah by MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (NUR-VACCARO, FIROUZEH) |
| Set Deadlines as to #19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) and #20 MOTION for Default Judgment as to . Motion set for 6/3/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
| Filing 21 CERTIFICATE OF SERVICE by PRIME HOOKAH, INC. re #20 MOTION for Default Judgment as to (LANDAU, ERIC) |
| Filing 20 MOTION for Default Judgment as to by PRIME HOOKAH, INC.. Responses due by 5/21/2019 (LANDAU, ERIC) |
| Filing 19 MOTION to Set Aside Default Pursuant to Fed. R. Civ. P. 55(c) by MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH. (Attachments: #1 Brief Memorandum of Law, #2 Declaration Declaration in Support of Motion, #3 Exhibit Dec. Exhibits 1-3, #4 Text of Proposed Order)(NUR-VACCARO, FIROUZEH) |
| Filing 18 Corporate Disclosure Statement by MK DISTRIBUTORS INC.. (NUR-VACCARO, FIROUZEH) |
| Filing 17 Corporate Disclosure Statement by KING GT INC.. (NUR-VACCARO, FIROUZEH) |
| Filing 16 NOTICE of Appearance by FIROUZEH NUR-VACCARO on behalf of RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL, TANVEER SYED SHAH (NUR-VACCARO, FIROUZEH) |
| Filing 15 MOTION Alternative service by mail on Defendants King GT INC., Rashid Azeem, and Chaudhary Qasim Latif re Clerk's Entry of Default, #14 Order, #10 Summons Returned Unexecuted, #8 Summons Returned Unexecuted, #9 Summons Returned Unexecuted by PRIME HOOKAH, INC.. (LANDAU, ERIC) |
| Set Deadlines as to #15 MOTION Alternative service by mail on Defendants King GT INC., Rashid Azeem, and Chaudhary Qasim Latif re Clerk's Entry of Default, #14 Order, #10 Summons Returned Unexecuted, #8 Summons Returned Unexecuted, #9 Summons Returned Unexecuted. Motion set for 5/20/2019 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
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Filing 14
LETTER ORDER that Plaintiff is directed to file a formal motion for alternative service. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/11/2019. (mps)
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| Filing 13 Request for Default by PRIME HOOKAH, INC. against MK Distribution Inc., Urvashiben Patel, & Tanveer Syed Shah. (Attachments: #1 Affidavit Affidavit of service)(LANDAU, ERIC) |
| CLERK'S QUALITY CONTROL MESSAGE - The Request for Entry of Default, d.e. #11 , filed by Eric Landau on 4/8/2019 was submitted incorrectly as a Motion for Entry of Default. PLEASE RESUBMIT THE Request for Entry of Default USING Civil Events - Other Filings - Other Documents - Request for Default. The motion is terminated. This submission will remain on the docket unless otherwise ordered by the court. (km) |
| VACATED Clerk's ENTRY OF DEFAULT as to MK Distribution Inc., Urvashiben Patel, & Tanveer Syed Shah for failure to plead or otherwise defend. (km) Modified on 7/15/2019 (km). |
| Filing 12 Letter from Eric S. Landau. (LANDAU, ERIC) |
| Filing 11 MOTION for Entry of Default by PRIME HOOKAH, INC.. (Attachments: #1 Affidavit Affidavit of service)(LANDAU, ERIC) |
| Filing 10 Summons Returned Unexecuted by PRIME HOOKAH, INC. as to RASHID AZEEM. (LANDAU, ERIC) |
| Filing 9 Summons Returned Unexecuted by PRIME HOOKAH, INC. as to KING GT INC.. (LANDAU, ERIC) |
| Filing 8 Summons Returned Unexecuted by PRIME HOOKAH, INC. as to CHAUDHARY QASIM LATIF. (LANDAU, ERIC) |
| Filing 7 SUMMONS Returned Executed by PRIME HOOKAH, INC.. TANVEER SYED SHAH served on 3/11/2019, answer due 4/1/2019. (LANDAU, ERIC) |
| Filing 6 SUMMONS Returned Executed by PRIME HOOKAH, INC.. URV ASHIBEN PATEL served on 3/11/2019, answer due 4/1/2019. (LANDAU, ERIC) |
| Filing 5 SUMMONS Returned Executed by PRIME HOOKAH, INC.. MK DISTRIBUTORS INC. served on 3/11/2019, answer due 4/1/2019. (LANDAU, ERIC) |
| Filing 4 AFFIDAVIT of Service for Summons and complaint served on Mk Distributors on 3/11/19, filed by PRIME HOOKAH, INC.. (LANDAU, ERIC) |
| Filing 3 SUMMONS ISSUED as to RASHID AZEEM, KING GT INC., CHAUDHARY QASIM LATIF, MK DISTRIBUTORS INC., URV ASHIBEN PATEL. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jmh) |
| Filing 2 AO120 Trademark Form filed. re: #1 Complaint (jmh) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS. In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) |
| Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-9458795) with JURY DEMAND, filed by PRIME HOOKAH, INC..(LANDAU, ERIC) |
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