Bioplus Specialty Pharmacy Services, Inc. v. B.O.P. Pharmacy, Inc.
Plaintiff: Bioplus Specialty Pharmacy Services, Inc.
Defendant: B.O.P. Pharmacy, Inc.
Case Number: 1:2018cv03370
Filed: June 8, 2018
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: William F Kuntz
Referring Judge: Steven Tiscione
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2018 Filing 27 CERTIFICATE OF SERVICE by Bioplus Specialty Pharmacy Services, Inc. re #26 Reply in Support, #24 Affidavit in Support of Motion, #25 Affidavit in Support of Motion (Zibas, Jura)
July 27, 2018 Filing 26 REPLY in Support re #13 MOTION for Preliminary Injunction (Reply Memorandum of Law) filed by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
July 27, 2018 Filing 25 AFFIDAVIT/DECLARATION in Support re #13 MOTION for Preliminary Injunction of Elvin Montanez Submitted in Reply filed by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
July 27, 2018 Filing 24 AFFIDAVIT/DECLARATION in Support re #13 MOTION for Preliminary Injunction Submitted in Reply filed by Bioplus Specialty Pharmacy Services, Inc.. (Attachments: #1 Exhibit A-S) (Zibas, Jura)
July 25, 2018 Filing 23 ANSWER to #1 Complaint, by B.O.P. Pharmacy, Inc.. (Hoffman, David)
July 25, 2018 Filing 22 NOTICE of Appearance by David John Hoffman on behalf of B.O.P. Pharmacy, Inc. (aty to be noticed) (Hoffman, David)
July 23, 2018 Filing 21 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction filed by B.O.P. Pharmacy, Inc.. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Memorandum of Law in Opposition, #25 Declaration of Wai Hing (Kenny) Chan) (Hoffman, David)
July 23, 2018 Filing 20 MEMORANDUM in Opposition re #13 MOTION for Preliminary Injunction filed by B.O.P. Pharmacy, Inc.. (Hoffman, David)
July 11, 2018 Opinion or Order Filing 19 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, ORDERED that the above named Defendant show cause before the Honorable William F. Kuntz, II, in Room 6H North, located at 225 Cadman Plaza East, on Thursday, August 2, 2018 at 10:30 A.M., why an Order should not be made, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining the Defendant during the pendency of this action from using the BIOPLUS mark, the term Bio Plus, or any other designation or mark likely to cause confusion with the BIOPLUS Mark in their listing with the National Council for Prescription Drug Program, Caremark, SureScripts, and anywhere else in commerce; and from using any advertisements using the trademark or trade name BIOPLUS or any designations or marks likely to cause confusion with the BIOPLUS Mark. Defendant shall serve upon Plaintiff any opposition to, or cross-motion in response to Plaintiff's motion for a preliminary injunction on or before Monday, July 23, 2018. Plaintiff shall serve upon Defendant any reply to Defendant's opposition or cross-motion on or before Friday, July, 27, 2018. Show Cause Hearing set for 8/2/2018 at 10:30 AM in Courtroom 6 North before Judge William F. Kuntz II. Show Cause Response due by 7/23/2018. Ordered by Judge William F. Kuntz, II on 7/10/2018. (Layne, Monique)
July 6, 2018 Filing 18 CERTIFICATE OF SERVICE by Bioplus Specialty Pharmacy Services, Inc. re #17 Affidavit in Support of Motion, #15 Affidavit in Support of Motion, #14 Memorandum in Support, #13 MOTION for Preliminary Injunction , #16 Affidavit in Support of Motion (Zibas, Jura)
July 6, 2018 Filing 17 AFFIDAVIT/DECLARATION in Support re #13 MOTION for Preliminary Injunction Declaration of Amar Patel filed by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
July 6, 2018 Filing 16 AFFIDAVIT/DECLARATION in Support re #13 MOTION for Preliminary Injunction Declaration of Elvin Montanez filed by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
July 6, 2018 Filing 15 AFFIDAVIT/DECLARATION in Support re #13 MOTION for Preliminary Injunction Declaration of Mark Benn filed by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
July 6, 2018 Filing 14 MEMORANDUM in Support re #13 MOTION for Preliminary Injunction filed by Bioplus Specialty Pharmacy Services, Inc.. (Attachments: #1 Exhibit A-U) (Zibas, Jura)
July 6, 2018 Filing 13 MOTION for Preliminary Injunction by Bioplus Specialty Pharmacy Services, Inc.. (Zibas, Jura)
June 25, 2018 Filing 12 NOTICE of Appearance by Hal K. Litchford on behalf of Bioplus Specialty Pharmacy Services, Inc. (aty to be noticed) (Litchford, Hal)
June 22, 2018 Opinion or Order ORDER granting #8 Motion for Leave to Appear Pro Hac Vice ; granting #9 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice applications #8 and #9 submitted by Emily Rohm Billig and Hal K. Litchford, respectively, for Plaintiff Bioplus Specialty Pharmacy Services, Inc. and found them to be in compliance with the local rules concerning attorney admissions, the applications are approved. If not already done, the attorneys shall register for ECF which is available online at the NYED's homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notifications of activity in this case. The attorneys shall also ensure that the $150 admission fee per application is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 6/22/2018. (Vasquez, Lea)
June 21, 2018 Filing 11 AFFIDAVIT/AFFIRMATION re #9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10527903. by Bioplus Specialty Pharmacy Services, Inc. (Zibas, Jura)
June 21, 2018 Filing 10 AFFIDAVIT/AFFIRMATION re #8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10527858. by Bioplus Specialty Pharmacy Services, Inc. (Zibas, Jura)
June 21, 2018 Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10527903. by Bioplus Specialty Pharmacy Services, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Zibas, Jura)
June 21, 2018 Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10527858. by Bioplus Specialty Pharmacy Services, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Zibas, Jura)
June 21, 2018 Opinion or Order ORDER temporarily denying #8 Motion for Leave to Appear Pro Hac Vice. Motion for Leave to Appear Pro Hac Vice #8 is denied because the affidavit in support of the motion does not fully comply with Local Rule 1.3(c). Specifically, the affidavit does not state: (a) whether the applicant has ever been convicted of a a felony; and (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court. Counsel is permitted until June 28, 2018 to supplement the application with an updated affidavit which may be filed as a separate standalone entry. So Ordered by Magistrate Judge Steven Tiscione on 6/21/2018. (Vasquez, Lea)
June 21, 2018 Opinion or Order ORDER temporarily denying #9 Motion for Leave to Appear Pro Hac Vice. Motion for Leave to Appear Pro Hac Vice #9 is denied because the affidavit in support of the motion does not fully comply with Local Rule 1.3(c). Specifically, the affidavit does not state: (a) whether the applicant has ever been convicted of a a felony; and (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court. Counsel is permitted until June 28, 2018 to supplement the application with an updated affidavit which may be filed as a separate standalone entry. So Ordered by Magistrate Judge Steven Tiscione on 6/21/2018. (Vasquez, Lea)
June 12, 2018 Filing 7 SUMMONS Returned Executed by Bioplus Specialty Pharmacy Services, Inc.. B.O.P. Pharmacy, Inc. served on 6/12/2018, answer due 7/3/2018. (Zibas, Jura)
June 11, 2018 Filing 6 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine)
June 11, 2018 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica)
June 11, 2018 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. (Williams, Erica)
June 8, 2018 Filing 3 Summons Issued as to B.O.P. Pharmacy, Inc. (Williams, Erica)
June 8, 2018 Case Assigned to Judge William F. Kuntz, II 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. (Williams, Erica)
June 8, 2018 Filing 2 Corporate Disclosure Statement by Bioplus Specialty Pharmacy Services, Inc. (Zibas, Jura)
June 8, 2018 Filing 1 COMPLAINT against B.O.P. Pharmacy, Inc. filing fee $ 400, receipt number 0207-10496483 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Bioplus Specialty Pharmacy Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A-F) (Zibas, Jura).

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Defendant: B.O.P. Pharmacy, Inc.
Represented By: David John Hoffman
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Plaintiff: Bioplus Specialty Pharmacy Services, Inc.
Represented By: Hal K. Litchford
Represented By: Jura C. Zibas
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