TILE, INC. v. BLAZING PRICES et al
| TILE, INC. |
| HAMPSHIRE, DIRECT DISTRIBUTOR, #1 GREATEST DEALS, BLAZING PRICES, EVERYTHINGDEALS and iHEAVEN |
| 3:2020cv05653 |
| May 7, 2020 |
| US District Court for the District of New Jersey |
| Douglas E Arpert |
| Freda L Wolfson |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Filing 72 Notice of Request by Pro Hac Vice Richard S. Mandaro to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11004658.) (BERKOWITZ, MARK) |
| Pro Hac Vice counsel, RICHARD S. MANDARO, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb) |
| Filing 71 Notice of Request by Pro Hac Vice Morgan Nickerson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10995550.) (MURPHY, MICHAEL) |
| Pro Hac Vice counsel, MORGAN T. NICKERSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb) |
Filing 70
ORDER granting #65 Motion for Leave to Appear Pro Hac Vice as to RICHARD S. MANDARO. Signed by Magistrate Judge Douglas E. Arpert on 06/18/2020. (jdb)
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Filing 69
ORDER granting #61 Motion for Leave to Appear Pro Hac Vice as to Morgan T. Nickerson. Signed by Magistrate Judge Douglas E. Arpert on 06/18/2020. (jdb)
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Filing 68
SCHEDULING ORDER: Telephone Status Conference set for 9/8/2020 03:00 PM and for 1/6/2021 11:30 AM before Magistrate Judge Douglas E. Arpert. Counsel for Plaintiff is directed to initiate the call. Any motion to amend the pleadings or to join new parties, whether by amended or third party complaint, must be filed by 11/20/2020. All fact discovery, including any third party depositions, is to be complete by 03/01/2021. Signed by Magistrate Judge Douglas E. Arpert on 06/18/2020. (jdb, )
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| Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Initial Pretrial Conference held via telephone on 6/18/2020. (ce3) |
| Filing 67 ANSWER to Amended Complaint for Permanent Injunction and Damages and Affirmative Defenses by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(BERKOWITZ, MARK) |
| Filing 66 Joint Discovery Plan by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(BERKOWITZ, MARK) |
| Set Deadlines as to #65 MOTION for Leave to Appear Pro Hac Vice Admission of Richard S. Mandaro. Motion set for 7/6/2020 before Magistrate Judge Douglas E. Arpert. 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. (jdb) |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice Admission of Richard S. Mandaro by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Attachments: #1 Certification of Mark Berkowitz, #2 Certification of Richard S. Mandaro, #3 Text of Proposed Order, #4 Certificate of Service)(BERKOWITZ, MARK) |
| Filing 64 Application and Proposed Order for Clerk's Order to extend time to answer as to Hampshire, iHeaven and #1 Greatest Deals.. (BERKOWITZ, MARK) |
| Clerk`s Text Order - The document #64 Application for Clerk's Order to Ext Answer/Proposed Order submitted by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN has been GRANTED. The answer due date has been set for 06/17/2020. (jdb) |
| Filing 63 NOTICE of Hearing: Initial Conference set for 6/18/2020 at 10:30 AM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert will be held via telephone. Attached are the call-in instructions for the call. Counsel are directed to call in at the scheduled time. (Attachment: Instructions and call in information). (ce3) |
| Filing 62 AMENDED COMPLAINT against #1 GREATEST DEALS, DIRECT DISTRIBUTOR, HAMPSHIRE, iHEAVEN, filed by TILE, INC..(MURPHY, MICHAEL) |
| Filing 61 MOTION for Leave to Appear Pro Hac Vice for Morgan Nickerson by TILE, INC.. (Attachments: #1 Certification of Michael Murphy, #2 Certification of Morgan Nickerson, #3 Certificate of Service, #4 Text of Proposed Order)(MURPHY, MICHAEL) |
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Filing 60
Order Initial Conference set for 6/18/2020 at 10:30 AM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert.. Signed by Magistrate Judge Douglas E. Arpert on 5/14/2020. (ce3)
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| Filing 59 NOTICE of Appearance by MICHAEL ROBERT MURPHY on behalf of TILE, INC. (MURPHY, MICHAEL) |
| Set Deadlines as to #61 MOTION for Leave to Appear Pro Hac Vice for Morgan Nickerson. Motion set for 6/15/2020 before Magistrate Judge Douglas E. Arpert. 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. (jdb) |
| Filing 58 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (abr) |
| Filing 57 Certified Copy of Transfer Order and docket received, Case transferred in from District of Massachusetts; Case Number 1:19-cv-12081. Original file certified copy of transfer order and docket sheet received. |
| Filing 56 Case transferred to District of New Jersey;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (Montes, Mariliz) |
| Filing 55 Judge Mark L. Wolf: ORDER entered. Order of Transfer.(Montes, Mariliz) |
| Filing 54 Judge Mark L. Wolf: ORDER ON REPORT AND RECOMMENDATIONS. Action on motion: granting in part and deferring a ruling on #45 Motion to Transfer Case; adopting #53 Report and Recommendations; and finding as moot #14 Motion to Dismiss. This case is hereby transferred to the United States District Court for the District of New Jersey. (Loret, Magdalena) |
| Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (abr) |
| Filing 53 Magistrate Judge Judith G. Dein: ORDER entered. REPORT AND RECOMMENDATIONS ORDER entered. Defendants' Motion to Transfer this Case Pursuant to 28 U.S.C. 1404(a) or, In the Alternative, Dismiss Plaintiff's Amended Complaint (Docket No. #45 ) be ALLOWED in part and DENIED in part. To the extent the Motion seeks transfer, this court recommends it be ALLOWED. To the extent the Motion seeks dismissal, this court recommends that a ruling be DEFERRED until the case has been transferred, and the matter can be decided by the presiding court. Objections to R&R due by 4/24/2020. (Geraldino-Karasek, Clarilde) |
| Filing 52 Magistrate Judge Judith G. Dein: ORDER entered. STANDING ORDER on motions for default judgment re #51 Notice: Clerk's Entry of Default (Geraldino-Karasek, Clarilde) |
| Filing 51 NOTICE: Clerk's ENTRY OF DEFAULT as to DIRECT DISTRIBUTOR (Geraldino-Karasek, Clarilde) |
| Filing 50 REPLY to Response to #45 MOTION to Transfer Case to New Jersey. filed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Lent, Jonathan) |
| Filing 49 Opposition re #45 MOTION to Transfer Case to New Jersey. filed by Tile, Inc.. (Attachments: #1 Exhibit A - Otter Order, #2 Exhibit B - Coty Order)(Nickerson, Morgan) |
| Filing 48 Request for notice of default by Tile, Inc. AS TO DEFENDANT DIRECT DISTRIBUTOR. (Nickerson, Morgan) |
| Filing 47 AFFIDAVIT OF SERVICE Executed by Tile, Inc.. DIRECT DISTRIBUTOR served on 12/19/2019, answer due 1/9/2020. Acknowledgement filed by Tile, Inc.. (Nickerson, Morgan) |
| Filing 46 MEMORANDUM in Support re #45 MOTION to Transfer Case to New Jersey. filed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Lent, Jonathan) |
| Filing 45 MOTION to Transfer Case to New Jersey. by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 44 Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 2/6/2020. USMJ Dein reviews current discovery issue to preserve evidence with counsel and future scheduling; Dfts responsive pleading to amended complaint is due Monday 2/10/20, Plaintiff may file a reply to motion to dismiss, may file Rule 34 request and file motion to compel if required; counsel shall file a status report addressing briefing schedule on motion to dismiss, if the parties have reached an agreement on preservation of evidence, if limited discovery is required while any motion to dismiss is pending and proposed dates for future 16(b) conference. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Nickerson annd Lent) (Quinn, Thomas) |
| Filing 43 ELECTRONIC NOTICE OF RESCHEDULING the hearing scheduled for 1/31/20 is rescheduled for 2/6/2020 10:15 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Quinn, Thomas) |
| Filing 42 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #39 Motion for Leave to Appear Pro Hac Vice Added Mark Berkowitz. 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. (Montes, Mariliz) |
| Filing 41 Letter/request (non-motion) . (Attachments: #1 Defendant's Discovery Response, #2 Defendant's Discovery Response, #3 Defendant's Discovery Response, #4 Defendant's Discovery Response, #5 Defendant's Discovery Response, #6 Defendant's Discovery Response)(Nickerson, Morgan) |
| Filing 40 Defendants' Letter/request (non-motion) from Jonathan Lent . (Lent, Jonathan) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice for admission of Mark Berkowitz Filing fee: $ 100, receipt number 0101-8076292 by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Attachments: #1 Affidavit)(Lent, Jonathan) |
| Filing 38 ELECTRONIC NOTICE of Hearing.Hearing set for 1/31/2020 11:30 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Quinn, Thomas) |
| Filing 37 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #36 Unopposed Motion for Extension of Time to 2/7/2020 to Respond to the Amended Complaint (Dambrosio, Jolyne) |
| Filing 36 MOTION for Extension of Time to February 7, 2020 to Respond to the Amended Complaint Unopposed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 35 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #34 Unopposed Motion for Extension of Time to 01/24/2020 to Respond to the Amended Complaint. (Dambrosio, Jolyne) |
| Filing 34 MOTION for Extension of Time to 01/24/2020 to Respond to the Amended Complaint Unopposed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 33 NOTICE of Voluntary Dismissal by Tile, Inc. (Nickerson, Morgan) |
| Filing 32 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #31 Motion for Extension of Time to Respond to #22 Amended Complaint. Defendants: #1 GREATEST DEALS, HAMPSHIRE, and iHEAVEN Answers due by 1/17/2020. (Geraldino-Karasek, Clarilde) |
| Filing 31 MOTION for Extension of Time to Respond to Amended Complaint to Respond to the Amended Complaint , MOTION for Extension of Time to January 17,2020 to File Answer re #22 Amended Complaint Unopposed ( Responses due by 1/23/2020) by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 30 Magistrate Judge Judith G. Dein: ORDER entered granting in part and denying in part #23 Motion to Preserve Evidence (Quinn, Thomas) |
| Filing 29 Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein:case called; Motion Hearing held on 12/24/2019 re #23 Emergency MOTION to Preserve Evidence filed by Tile, Inc. USMJ Dein hears arguments from counsel, will allow plaintiff to propound 3 interrogatories and Rule 34 requests; Dft. will take photographs of current inventory in its custody and control starting on 12/26/19; Dft. shall file response to amended complaint by 1/10/20. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Nickerson and Lent) (Quinn, Thomas) |
| Filing 28 REPLY to Response to #23 Emergency MOTION to Preserve Evidence filed by Tile, Inc.. (Attachments: #1 Exhibit A - Purchases from Defendants)(Nickerson, Morgan) |
| Filing 27 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #26 Plaintiff's Unopposed Motion for Leave to File Reply. Counsel should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dambrosio, Jolyne) |
| Filing 26 MOTION for Leave to File Reply Brief (Unopposed) by Tile, Inc.. (Attachments: #1 Exhibit A - Proposed Reply Brief)(Nickerson, Morgan) |
| Filing 25 Opposition re #23 Emergency MOTION to Preserve Evidence filed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Lent, Jonathan) |
| Filing 24 ELECTRONIC ORDER AND NOTICE SETTING HEARING on #23 Plaintiff's Emergency MOTION to Preserve Evidence: Defendants' opposition, if any, shall be filed by 12/23/2019. A hearing on the Motion is set for 12/24/2019 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Filing 23 Emergency MOTION to Preserve Evidence by Tile, Inc..(Nickerson, Morgan) |
| Filing 22 AMENDED COMPLAINT against #1 GREATEST DEALS, HAMPSHIRE, DIRECT DISTRIBUTOR, iHEAVEN, filed by Tile, Inc..(Nickerson, Morgan) |
| Filing 21 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #18 Unopposed Motion for Extension of Time. Defendant Blazing Prices response to complaint due 12/19/19. (Dambrosio, Jolyne) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by #1 GREATEST DEALS. (Lent, Jonathan) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT by iHEAVEN. (Lent, Jonathan) |
| Filing 18 MOTION for Extension of Time to December 19, 2019 to Respond to the Complaint by BLAZING PRICES.(Lent, Jonathan) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT by iHEAVEN. (Lent, Jonathan) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by HAMPSHIRE. (Lent, Jonathan) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss filed by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN. (Lent, Jonathan) |
| Filing 14 MOTION to Dismiss by #1 GREATEST DEALS, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 13 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #12 Defendants' Unopposed Motion for Extension of Time. Response to Complaint due 12/9/2019. (Dambrosio, Jolyne) |
| Filing 12 MOTION for Extension of Time to December 9, 2019 to Respond to the Complaint Unopposed by #1 GREATEST DEALS, BLAZING PRICES, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 11 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #10 Defendants' Unopposed Motion for Extension of Time. Defendants' Response to Complaint due by 11/25/19. (Dambrosio, Jolyne) |
| Filing 10 MOTION for Extension of Time to November 25, 2019 to Respond to the Complaint Unopposed by #1 GREATEST DEALS, BLAZING PRICES, HAMPSHIRE, iHEAVEN.(Lent, Jonathan) |
| Filing 9 Judge Mark L. Wolf: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein. Referred for: Full Pretrial, Dispositive Motions (ptd). (Loret, Magdalena) |
| Filing 8 AFFIDAVIT OF SERVICE Executed by Tile, Inc.. All Defendants. Acknowledgement filed by Tile, Inc.. (Nickerson, Morgan) |
| Filing 7 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #6 Motion for Alternative Service of Process. (Loret, Magdalena) |
| Filing 6 MOTION for Alternative Service by Tile, Inc.. (Attachments: #1 Exhibit A - State Court Order, #2 Exhibit B - State Court Order, #3 Exhibit C - State Court Order)(Nickerson, Morgan) |
| Filing 5 Set Deadlines: Complete Service by 1/6/2020. (Montes, Mariliz) |
| Filing 4 Summons Issued as to #1 GREATEST DEALS, BLAZING PRICES, DIRECT DISTRIBUTOR, EVERYTHINGDEALS, HAMPSHIRE, iHEAVEN. 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. (McDonagh, Christina) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf 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 Judith G. Dein. (Finn, Mary) |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (McDonagh, Christina) |
| Filing 1 COMPLAINT against #1 GREATEST DEALS, HAMPSHIRE, EVERYTHINGDEALS, DIRECT DISTRIBUTOR, BLAZING PRICES, iHEAVEN Filing fee: $ 400, receipt number 0101-7914105 (Fee Status: Filing Fee paid), filed by Tile, Inc.. (Attachments: #1 Civil Cover Sheet, #2 JS45)(Nickerson, Morgan) |
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