BizTank, Inc. et al v. Mehulol Publications, LLC et al
| Joel Klein, Immediate Marketing & Business Consulting, Inc. a/k/a IMBC, BizTank, Inc., Immediate Marketing & Business Consulting, Inc. and IMBC |
| Meholol Publications, LLC d/b/a AMI Magazine, Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC and Mehulol Publications, LLC doing business as AMI Magazine |
| 1:2017cv06869 |
| November 22, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Steven M Gold |
| Trademark |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on January 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 25 STATUS REPORT From All Counsel by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein (Lopez, Paula) |
| Filing 24 Consent MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, Order,,, by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein. (Lopez, Paula) |
ORDER granting #24 Motion for Extension of Time to File Response/Reply. No later than February 9, 2018, the parties shall propose a preliminary injunction briefing schedule that provides the Court with sufficient time to review the record. Plaintiffs shall respond to Defendants' counterclaims no later than February 13, 2018. So Ordered by Judge Carol Bagley Amon on January 11, 2018. (Zapana, Victor)
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ORDER granting #23 Motion to Adjourn Conference. A Settlement Conference will be held on February 6, 2018 at 3:00 pm. before the undersigned. Principals with full decision making authority must be present. Ordered by Magistrate Judge Steven M. Gold on 1/10/2018. Counsel shall submit letters identifying any outstanding issues by February 1, 2018 (Metzger, Daniel) Modified: Included additional instructions on 1/10/2018 (Gillespie, Saudia).
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| Filing 23 Joint MOTION to Adjourn Conference before Judge Gold to February 6, 2018 by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein. (Lopez, Paula) |
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ORDER: In light of the status report due January 19, 2018, the settlement conference previously scheduled for tomorrow is cancelled. Ordered by Magistrate Judge Steven M. Gold on 1/8/2018. (Gillespie, Saudia)
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STATUS REPORT ORDER: Counsel will file a joint status report letter by January 19, 2018. Ordered by Magistrate Judge Steven M. Gold on 1/5/2018. (Gillespie, Saudia)
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| Filing 22 Letter Update Regarding Status of Settlement Discussion by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein (Lopez, Paula) |
| Filing 21 STATUS REPORT by defendants by Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC (Chinta, Padmaja) |
| Filing 20 Consent MOTION for Extension of Time to File Response/Reply as to #12 Answer to Complaint (Notice of Removal),, Counterclaim, by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein. (Lopez, Paula) |
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ORDER granting #20 Motion for Extension of Time to File Response/Reply. On consent, the Court GRANTS the motion. Plaintiffs shall respond to Defendants' counterclaims no later than January 12, 2018. So Ordered by Judge Carol Bagley Amon on December 21, 2017. (Zapana, Victor)
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ORDER : Upon request of the parties during the conference held on December 12, 2017, and after consultation with the chambers of United States District Judge Amon, THE ORAL ARGUMENT AND PROCEEDING ON CROSS-MOTIONS, IF NEEDED, PREVIOUSLY SET FOR JANUARY 29 WILL BE HELD INSTEAD AT 10:30 AM ON FEBRUARY 28, 2018 BEFORE JUDGE AMON. By JANUARY 11, 2018, counsel shall propose a briefing schedule that provides the Court with sufficient time to review the briefing and record. Moreover, the parties must serve each other and file with the Court a list of all witnesses and exhibits that they intend to proffer to the Court, as well as copies of those exhibits. The parties may provide the list and copies with their reply briefs. In filing cross-motions, the parties must abide by Judge Amon's Individual Motion Practices and Rules, in particular Rule 1(D). Ordered by Magistrate Judge Steven M. Gold on 12/13/2017. (Gold, Steven)
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| Filing 19 Minute Entry: Settlement Conference held on 12/12/2017 before Magistrate Judge Steven M. Gold. Fortuna and Lopez for plaintiffs; Chinta, Perdomo and Tarapanova for defendants. Settlement discussions held. The parties will continue their efforts to reach a final agreement consistent with the general terms discussed today. THE COURT WILL HOLD A FURTHER SETTLEMENT CONFERENCE ON JANUARY 9, 2018 AT 3:00 PM. PRINCIPALS WITH FULL DECISION-MAKING AUTHORITY MUST BE PRESENT. Counsel shall submit letters identifying any outstanding issues by January 4, 2018. (Gillespie, Saudia) |
| Filing 18 Letter Re: Plaintiffs' Confidential Mediation Statement by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein (Lopez, Paula) |
| Filing 17 Letter clarifying mediation availability by Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC (Chinta, Padmaja) |
| Filing 16 Letter MOTION for Extension of Time to File mediation statement by Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC. (Chinta, Padmaja) |
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ORDER: Granting #16 Motion for Extension of Time to File. The parties will submit mediation statements, which may be filed ex parte, no later than December 8, 2017. Mediation will be held at 3:30 PM on Dec 12 as previously scheduled. Ordered by Magistrate Judge Steven M. Gold on 12/4/2017. (Gillespie, Saudia)
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| Filing 15 NOTICE of Change of firm name, address and email by Padmaja Chinta (Chinta, Padmaja) |
| Filing 14 Letter providing update re hearing date by Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC (Chinta, Padmaja) |
| Filing 13 Minute Entry: Telephone Conference held on 11/30/2017 before Magistrate Judge Steven M. Gold. Fortuna and Lopez for plaintiffs, Chinta for defendants. THE COURT WILL HOLD A SETTLEMENT CONFERENCE AT 3:30 PM ON DECEMBER 12, 2018. PRINCIPALS WITH FULL DECISION-MAKING AUTHORITY MUST BE PRESENT. The parties will submit mediation statements, which may be filed ex parte, no later than December 7, 2017. (Gillespie, Saudia) |
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MINUTE ORDER granting #9 , #10 Motions for Extension of Time, MINUTE ORDER re Plaintiffs' temporary restraining order, and MINUTE ENTRY for status conference held before Judge Carol Bagley Amon on November 30, 2017. Appearances: Plaintiffs - Nicolas Fortuna, Paula Lopez; Defendants - Padmaja Chinta, Antoaneta Tarpanova. As stated on the record, the parties must file new cross-motions for a preliminary injunction if they plan on seeking such relief. Plaintiffs represent that they plan to seek a preliminary injunction based on their unfair competition claims under New York law, and Defendants represent that they plan to seek a preliminary injunction based at least on their trademark infringement claims under the federal Lanham Act. Pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, and because all parties consent, the Court extends the November 1, 2017, temporary restraining order ("TRO") issued by the Honorable Sylvia G. Ash, Justice of the Supreme Court of New York, Kings County, in favor of Plaintiffs, (D.E. # 1-61 at 2-3; D.E. # 10-5 at 2-3). The TRO remains in effect until the disposition of the case or of the parties' new cross-motions for preliminary injunction, whichever occurs earlier. In addition, the Court directs the parties to hold a telephonic conference on November 30, 2017, at 2:30 p.m. before the Honorable Steven M. Gold, United States Magistrate Judge, to discuss the case and schedule a mediation session. On consent of the parties, the Court directs Plaintiffs to coordinate the conference call to Magistrate Judge Gold's chambers at (718) 613-2560. The Court directs the parties, no later than seven days after the mediation session has occurred, jointly to file a letter stating the result, if any, of the session, and proposing, if necessary, a briefing schedule for their cross-motions for a preliminary injunction. Oral argument and proceedings for the cross-motions, if needed, will start on January 29, 2018, at 10:00 a.m. in Courtroom 10D South before Judge Carol Bagley Amon. If the parties proceed with their cross-motions, the parties are advised to propose a briefing schedule that provides the Court with sufficient time to review the briefing and record. Moreover, the parties must serve each other and file with the Court a list of all witnesses and exhibits that they intend to proffer to the Court, as well as copies of those exhibits. The parties may provide the list and copies with their reply briefs. In filing cross-motions, the parties must abide by the Court's Individual Motion Practices and Rules, in particular Rule 1(D). So Ordered by Judge Carol Bagley Amon on November 30, 2017. (Court Reporter Tony Mancuso.)(Zapana, Victor)
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| Filing 12 Defendants' ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against All Plaintiffs by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Chinta, Padmaja) |
| Filing 11 NOTICE of Appearance by Francelina Maria Perdomo on behalf of All Defendants (aty to be noticed) (Perdomo, Francelina) |
| Filing 10 Letter MOTION for Extension of Time to File Briefing Schedule to File Application to Expand TRO and for Briefing scheduled on Preliminary Injunction motion by BizTank, Inc., Immediate Marketing & Business Consulting, Inc., Joel Klein. (Attachments: #1 Exhibit Judge Ruchelsman's Signed Order 10.25.17, #2 Exhibit Emailed Order of Recusal, #3 Exhibit Judge Ash's Order Denying Defendants' TRO, #4 Exhibit Judge Ruschelsman's Entered Order of Recusal, #5 Exhibit Judge Ash's Order Granting Plaintiffs' TRO) (Fortuna, Nicholas) |
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SCHEDULING ORDER: re #9 , #10 Letter MOTIONS. A status conference is scheduled for November 30, 2017, at 12:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on November 28, 2017. (Zapana, Victor)
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| Filing 9 Letter MOTION for Extension of Time to File preliminary injunction briefing set by state court by Rechy Frankfurter, Yitzchok Frankfurter, Mehulol Publications, LLC. (Chinta, Padmaja) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 7 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 6 NOTICE of Appearance by Nicholas J. Fortuna on behalf of All Plaintiffs (aty to be noticed) (Fortuna, Nicholas) |
| Filing 5 NOTICE of Appearance by Paula Lopez on behalf of All Plaintiffs (aty to be noticed) (Lopez, Paula) |
| Case assigned to Judge Carol Bagley Amon and Magistrate Judge Steven M. Gold. 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 4 NOTICE of Appearance by Padmaja Chinta on behalf of All Defendants (notification declined or already on case) (Chinta, Padmaja) |
| Filing 3 NOTICE of Appearance by Padmaja Chinta on behalf of All Defendants (notification declined or already on case) (Chinta, Padmaja) |
| Filing 2 EXHIBIT civil cover sheet by Rechy Frankfurter, Yitzchok Frankfurter, Meholol Publications, LLC d/b/a AMI Magazine. Related document: #1 Notice of Removal,,,, filed by Meholol Publications, LLC d/b/a AMI Magazine, Yitzchok Frankfurter, Rechy Frankfurter. (Chinta, Padmaja) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from supreme court of state of new york county of Kings, case number 520607/2017. ( Filing fee $ 400 receipt number 0207-10002522) (Attachments: #1 Ex 1, #2 Ex 1-1, #3 Ex 2, #4 Ex 3, #5 Ex 3-1, #6 Ex 3-1A, #7 Ex 3-1B, #8 Ex 3-1D, #9 Ex 3-2, #10 Ex 3-2A, #11 Ex 3-2B, #12 Ex 3-2C, #13 Ex 3-2D, #14 Ex 3-2E, #15 Ex 3-2F, #16 Ex 3-2G, #17 Ex 3-2H, #18 Ex 3-2I, #19 Ex 3-2J, #20 Ex 3-2K, #21 Ex 3-2L, #22 Ex 3-2M, #23 Ex 3-2N, #24 Ex 3-2O, #25 Ex 3-2P, #26 Ex 3-2Q, #27 Ex 3-2R, #28 Ex 3-2S, #29 Ex 3-2T, #30 Ex 3-2U, #31 Ex 3-2V, #32 Ex 3-2W, #33 Ex 3-2X, #34 Ex 3-3, #35 Ex 3-3A, #36 Ex 3-3B, #37 Ex 3-3C, #38 Ex 3-3D, #39 Ex 3-4, #40 Ex 3-5, #41 Ex 4-1, #42 Ex 4-1A, #43 Ex 5, #44 Ex 6, #45 Ex 7, #46 Ex 8, #47 Ex 8-1, #48 Ex 8-2, #49 Ex 8-3, #50 Ex 8-4, #51 Ex 8-4-1, #52 Ex 8-4-2, #53 Ex 8-4-3, #54 Ex 8-4-4, #55 Ex 8-4-5, #56 Ex 8-4-6, #57 Ex 8-4-7, #58 Ex 8-4-8, #59 Ex 8-4-9, #60 Ex 9, #61 Ex 10, #62 Ex 11) (Chinta, Padmaja) |
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