Fundation Group LLC v. United Secure Capital LLC et al
| Fundation Group LLC |
| Gabriel Mann and United Secure Capital LLC |
| 1:2017cv06167 |
| October 23, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G Garaufis |
| Steven Tiscione |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 27 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Stipulation and consent decree of permanent injunction) (Rocco, Christine) |
Filing 26
STIPULATION AND CONSENT DECREE OF PERMANENT INJUNCTION. So Ordered by Judge Nicholas G. Garaufis on 2/27/2018. (Lee, Tiffeny)
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| Filing 25 MOTION for Permanent Injunction /[PROPOSED] Stipulation and Consent Decree of Permanent Injunction by Fundation Group LLC. (Melzer, Jason) |
| Filing 24 Letter MOTION to Adjourn Conference re Request for 60-Day Order and Pending Settlement Agreement Notification by Fundation Group LLC. (Melzer, Jason) |
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ORDER granting #24 Motion to Adjourn Conference. The conference scheduled for February 12th is adjourned to 4:00 p.m. on April 11th unless the stipulation of settlement and dismissal is filed by April 9th. If the parties do not finalize settlement by that date, they are to appear before the Court on for the conference. There will be no further adjournments granted. So Ordered by Magistrate Judge Steven Tiscione on 2/9/2018. (Vasquez, Lea) Modified on 2/9/2018 (Vasquez, Lea).
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ORDER granting #23 Motion to Adjourn Conference. The Initial conference scheduled for January 23rd will instead be held at 2:00 p.m. on February 12, 2018. Settlement positions will now be due February 8th. So Ordered by Magistrate Judge Steven Tiscione on 12/29/2017. (Vasquez, Lea)
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| Filing 23 Letter MOTION to Adjourn Conference by Gabriel Mann, United Secure Capital LLC. (Dweck, Jeffrey) |
| Filing 22 Letter MOTION to Adjourn Conference by Gabriel Mann, United Secure Capital LLC. (Dweck, Jeffrey) |
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ORDER denying #22 Motion to Adjourn Conference. Adjournment applications must be made with consent of all parties. So Ordered by Magistrate Judge Steven Tiscione on 12/27/2017. (Vasquez, Lea)
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Filing 21
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on January 23, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than January 19th. So Ordered by Magistrate Judge Steven Tiscione on 12/26/2017. (Vasquez, Lea)
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| Filing 20 ANSWER to #1 Complaint,, by Gabriel Mann, United Secure Capital LLC. (Dweck, Jeffrey) |
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ORDER granting #19 Motion for Extension of Time to December 15, 2017 to Answer for All Defendants. So Ordered by Magistrate Judge Steven Tiscione on 11/20/2017. (Vasquez, Lea)
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| Filing 19 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by Gabriel Mann, United Secure Capital LLC. (Attachments: #1 Proposed Order) (Dweck, Jeffrey) |
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Filing 18
IT IS THEREFORE STIPULATED AND AGREED, by and between counsel for the parties that Defendants agree to be enjoined during the pendency of this action from engaging in any of the following: (a) using Fundation's trade name and word mark, "Fundation," or any other mark, logo, name, or designation, that gives rise to a likelihood of confusion, mistake, or deception with respect to the Fundation Word Mark, or in any way dilutes Fundation's Fundation Word Mark (which Fundation alleges is famous); (b) doing any other act likely to induce the mistaken belief that Defendants, their loan products, or their lending services are in any way affiliated, connected, or associated with Fundation; (c) representing by words or conduct that Defendants or their loan products and lending services are authorized, sponsored, endorsed, or otherwise connected with Fundation; and (d) unfairly competing with Fundation in any unlawful manner whatsoever.. Ordered by Judge Nicholas G. Garaufis on 11/9/2017. (Marziliano, August)
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| Filing 17 STIPULATION re #9 Order to Show Cause,,, Temporary Restraining Order,, /Stipulation Regarding Enjoined Actions by Fundation Group LLC (Melzer, Jason) |
| Filing 16 NOTICE of Appearance by Jeffrey S. Dweck on behalf of All Defendants (aty to be noticed) (Dweck, Jeffrey) |
| Filing 15 Corporate Disclosure Statement by United Secure Capital LLC (Dweck, Jeffrey) |
| Filing 14 Minute Order for Motion Hearing held on 11/3/2017 re #7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed by Fundation Group LLC before Magistrate Judge Steven Tiscione: Melzer for Plaintiff; Dweck for Defendants. Parties represent that Defendants have recently retained counsel and will consent to the entry of a preliminary injunction. Parties request additional time to finalize the terms of the stipulation and Defendants consent to the continuation of the Temporary Restraining Order pending issuance of the stipulated preliminary injunction. Accordingly, the parties shall file the stipulation by November 10, 2017 and the Temporary Restraining Order is continued until the stipulated preliminary injunction is issued. (FTR Log #12:14 - 12:17.) (Vasquez, Lea) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Order to Show Cause /Declaration of Louise Johnson in Support of Fundation's Motion for Preliminary Injunction filed by Fundation Group LLC. (Melzer, Jason) |
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #12 Paul Olszowka for Plaintiff, Fundation Group LLC. and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. SoOrdered by Magistrate Judge Steven Tiscione on 11/2/2017. (Vasquez, Lea)
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| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9948276. by Fundation Group LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificates of Good Standing (Illinois, New York, Wisconsin)) (Olszowka, Paul) |
| Filing 11 SUMMONS Returned Executed by Fundation Group LLC. Gabriel Mann served on 10/25/2017, answer due 11/15/2017. (Melzer, Jason) |
| Filing 10 SUMMONS Returned Executed by Fundation Group LLC. United Secure Capital LLC served on 10/25/2017, answer due 11/15/2017. (Melzer, Jason) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9933121. by Fundation Group LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Christine E. Skoczylas Pro Hac Vice, #2 Admission Information Skoczylas Certificate of Good Standing (IL)) (Skoczylas, Christine) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #8 submitted by Christine E. Skoczylas for Plaintiff Fundation Group LLC, and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerks Office. So Ordered by Magistrate Judge Steven Tiscione on 10/26/2017. (Vasquez, Lea)
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Filing 9
ORDER TO SHOW CAUSE with TEMPORARY RESTRAINING ORDER as to why an order shouldnot be issued pursuant to Federal Rule of Civil Procedure 65 enjoining and retraining defendantsduring the pendency of this action from using Fundation's trade name and word mark, (See Order). Show Cause Hearing set for 11/3/2017 at 12:00 PM in Courtroom 504 North before Magistrate Judge Steven Tiscione. Show Cause Response due by 5:00 p.m. on 10/31/2017. Any Reply shall be served and filed by 5:00 p.m. on 11/2/2017. So Ordered by Judge Nicholas G. Garaufis on 10/25/2017. (Lee, Tiffeny)
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| MOTIONS REFERRED: #7 MOTION for Preliminary Injunction for a hearing and a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Motions referred to Steven Tiscione. (Lee, Tiffeny) |
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Minute Order for proceedings before Judge Nicholas G. Garaufis: Oral Argument held on 10/25/2017 re: Plaintiff's #7 Proposed Order to Show Cause and Motion for a Temporary Restraining Order. Counsel for Plaintiff present. Defendant Mann appeared without counsel. Defendant United Secure Capital LLC did not appear. The court GRANTED Plaintiff's Application for an Order to Show Cause and Temporary Restraining Order. The court ordered a Show Cause Hearing to be held before Magistrate Judge Steven Tiscione on November 3, 2017, at 12:00pm in Courtroom 504 North. The court set the following briefing schedule: Defendants shall serve their response brief by 5:00pm on October 31, 2017, and Plaintiff shall serve its reply, if any, and file the fully briefed motion, by 5:00pm on November 2, 2017. Ordered by Judge Nicholas G. Garaufis on 10/25/2017. (Court Reporter Linda Marino) (Pressman, Michael) (Court Reporter Linda Marino.) (Lee, Tiffeny)
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| Filing 7 MOTION Unsigned Order to Show Cause for Preliminary Injunction with Temporary Restraints by Fundation Group LLC (Attachments: #1 Declaration of Paul Olszowka, Esq. in Support of Fundation Group LLC's Order to Show Cause for Preliminary Injunction with TRO, #2 Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction) (Melzer, Jason) Modified to Motion and Added MOTION for Temporary Restraining Order and for Order to Show Cause (Lee, Tiffeny) on 10/26/2017. |
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ORDER REFERRING MOTION: Plaintiff's #7 Application for Preliminary Injunction is respectfully REFERRED to Magistrate Judge Steven Tiscione for a hearing and a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Ordered by Judge Nicholas G. Garaufis on 10/25/2017. (Pressman, Michael)
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| Filing 6 NOTICE of Appearance by Jason R Melzer on behalf of Fundation Group LLC (notification declined or already on case) (Melzer, Jason) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Mann summons) (Bowens, Priscilla) |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by Fundation Group LLC identifying Other Affiliate Garrison Investment Group LP for Fundation Group LLC. (Melzer, Jason) |
| Filing 1 COMPLAINT against Gabriel Mann, United Secure Capital LLC filing fee $ 400, receipt number 0207-9924548 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Fundation Group LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons re United Secured Capital LLC, #3 Proposed Summons re Gabriel Mann, #4 Exhibit 1 - Certificate of Registration for Fundation Trademark, #5 Exhibit 2 - Certificate of Registration for Fundation Trademark, #6 Exhibit 3 - Certificate of Registration for Fundation Trademark) (Melzer, Jason) |
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