LPD New York, LLC v. Adidas America, Inc. et al
| LPD New York, LLC |
| Adidas AG and Adidas America, Inc. |
| 1:2015cv06360 |
| November 5, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Roanne L. Mann |
| Contract: Other |
| 15 U.S.C. ยง 1121 Trademark Infringement |
| Plaintiff |
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Filing
247
MEMORANDUM AND ORDER granting in part and denying in part 214 Motion for Partial Summary Judgment. For the forgoing reasons, the Court (1) denies Defendants' motion as to Plaintiff's promissory estoppel claim for two promises and Plainti ff's defamation claim; (2) grants Defendants motion as to Plaintiff's quasi-contract claims; (3) grants Defendants' motion as to fifteen of Plaintiff's affirmative defenses, but denies Defendants' motion as to Plaintiffs fail ure to state a claim defense regarding Defendants unfair and deceptive practice counterclaim; and (4) grants Defendants' motion as to its counterclaims for trademark infringement and counterfeiting. Ordered by Chief Judge Margo K. Brodie on 9/24/2022. (Okonta, Patricia)
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Filing
245
MEMORANDUM AND ORDER denying 241 Motion to Dismiss. For the reasons discussed in the attached Memorandum and Order, the Court denies counterclaim-Defendant Benjamin Fainlight's motion to dismiss the counterclaims against him for improper service. Ordered by Chief Judge Margo K. Brodie on 11/4/2021. (Bacchi, Joseph)
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Filing
203
MEMORANDUM AND ORDER granting in part and denying in part 199 Motion to Compel. LPD's motion to compel is denied in substantial part, except that adidas shall produce in unredacted form those limited additional portions of the licensing agreements that arguably relate to adidas's control over the use of its marks by its licensees. See attached. Ordered by Magistrate Judge Roanne L. Mann on 11/17/2020. (Proujansky, Josh)
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Filing
189
MEMORANDUM AND ORDER denying 187 Motion to Strike. See attached. Ordered by Chief Magistrate Judge Roanne L. Mann on 12/19/2019. (Proujansky, Josh)
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Filing
174
Minute Entry and Order for proceedings held before Chief Magistrate Judge Roanne L. Mann on 9/13/2019 granting in part and denying in part 158 Motion for Extension of Time to Complete Discovery, 162 Motion for Protective Order, 163 Motion to Compel, and denying 171 Motion for Sanctions. The Court concludes that LPD is entitled to limited discovery on its naked licensing defense, but rejects LPD's demands for broad and burdensome discovery. See attached for discussion. (Proujansky, Josh)
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Filing
138
MEMORANDUM AND ORDER: The Court denies Defendants' motion to dismiss but strikes the following from the SAC: (1) the demand in paragraph 113 for Defendants' profits; (2) the allegation in paragraph 115 that Plaintiff was entitled to all the proceeds from the sale of merchandise from the Collaboration Capsule; and (3) the allegation in paragraph 128 that Defendants published perhaps, other false statements. Ordered by Judge Margo K. Brodie on 3/29/2019. (Brucella, Michelle)
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Filing
130
Minute Entry and Order for proceedings held before Chief Mag. Judge Roanne L. Mann on 2/15/2019 granting in part and denying in part 118 Motion to Compel filed by LPD New York, LLC. The Court conducts a hearing in connection with plaintiff' ;s motion to compel [DE #118/#124], which is granted in limited part only. Plaintiff's motion to reopen discovery is denied without prejudice. Defendants are directed to (1) update the searches that were conducted in 2015 and 2016, and (2) conduct a search of Krispin's documents, and to complete these searches no later than February 22, 2019. See attached for further discussion. (Proujansky, Josh)
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Filing
128
MEMORANDUM AND ORDER denying 119 Motion to Compel. See attached. Ordered by Chief Mag. Judge Roanne L. Mann on 2/13/2019. (Proujansky, Josh)
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Filing
116
ORDER granting 111 Motion to Quash/Motion for Protective Order. Plaintiff is directed to serve a copy of this Memorandum and Order forthwith on any subpoenaed non-parties who are not represented by defendants' counsel. See attached. Ordered by Chief Mag. Judge Roanne L. Mann on 2/1/2019. (Proujansky, Josh)
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Filing
112
MEMORANDUM AND ORDER denying 106 Motion for Reconsideration filed by LPD New York, LLC. See attached. Ordered by Chief Mag. Judge Roanne L. Mann on 1/25/2019. (Proujansky, Josh)
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Filing
104
MEMORANDUM AND ORDER granting in part and denying in part 88 Motion to Compel, 89 Motion for Extension of Time to Complete Discovery and 93 Motion to Compel. For the reasons discussed in the attached Memorandum and Order, the Court grants in part defendants' November 6th motion to compel and for sanctions and orders plaintiff to pay defendants a reasonable fee of $7,500 under Rule 37(a)(5)(A); reopens fact discovery for both sides until February 6, 2019, but strikes plaintiff's interrogatories and limits its document requests; and grants plaintiff's motion to compel except as to two emails. Ordered by Chief Mag. Judge Roanne L. Mann on 12/7/2018. (Proujansky, Josh)
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Filing
66
ORDER denying 59 Motion for Reconsideration; denying 60 Motion for Reconsideration. For the reasons discussed in the attached Memorandum and Order, the Court denies the motion for reconsideration and declines to certify the contract formation issue for appeal to the Second Circuit. Ordered by Judge Margo K. Brodie on 12/11/2017. (Chu, Chan Hee)
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Filing
55
ORDER adopting 39 Report and Recommendations; granting in part and denying in part 20 Adidas America's Motion to Dismiss for Failure to State a Claim; denying 24 Plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part 40 Adidas AG's Motion to Dismiss for Failure to State a Claim and For Lack of Jurisdiction. For the reasons set forth in the attached Memorandum and Order, the Court adopts Chief Magistrate Judge Roanne L. Mann's report an d recommendation in its entirety and denies Adidas AG's separate motion to dismiss, which was filed after Judge Mann's R&R. The Court grants Plaintiff leave to amend and Plaintiff shall file an amended complaint, if any, asserting any quasi-contract claims it wishes to pursue within thirty (30) days of this Memorandum and Order. As to Adidas AG, Plaintiff is granted limited jurisdictional discovery. Ordered by Judge Margo K. Brodie on 3/27/2017. (Hawkins, Salah)
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