7-Eleven, Inc. v. Kim
| Hong Kim |
| 7-Eleven, Inc. |
| 1:2018cv04124 |
| July 19, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Ann M Donnelly |
| Vera M Scanlon |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on September 14, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MEMORANDUM in Support re #8 Notice of MOTION for Preliminary Injunction filed by 7-Eleven, Inc.. (Attachments: #1 Declaration of Davina Stevens in Support of 7-Eleven's Motion for Preliminary Injunction, #2 Exhibit A to Stevens Declaration) (Misiti, Frank) |
ORDER deferring ruling on #17 Motion for Leave to Appear Pro Hac Vice. Per Local Civil Rule 1.3(c), a motion for leave to appear pro hac vice must include a properly sworn and notarized affidavit, with the locus of notarization below the case caption, containing the information specified by the Local Rule. The affidavit attached to counsel's motion does not satisfy this requirement. Counsel is directed to supplement his motion at #17 with a properly sworn and notarized affidavit with the required information in accordance with the Local Rules. Ordered by Magistrate Judge Vera M. Scanlon on 9/14/2018. (Tuffaha, Omar)
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Filing 18
SCHEDULING ORDER: As discussed during the 9/13/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 5/3/2019. On or before 5/3/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 6/3/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 7/1/2019, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 7/16/2019 at 2:45 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 7/9/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. This schedule may need to be amended in light of any issues resolved by the PI litigation. Counsel will work to come to an agreement as to information as to non party franchise discovery. Ordered by Magistrate Judge Vera M. Scanlon on 9/13/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 9/13/2018 in Courtroom 13A South. Frank Misiti and Chris Burden appearing for Plaintiff. Mackenzie Dimitri appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:45-3:06; 3:28-3:44.) (Quinlan, Krista) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice re: Christian Charles Burden Filing fee $ 150, receipt number 0207-10715113. by 7-Eleven, Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed Order) (Misiti, Frank) |
| Filing 16 Proposed Scheduling Order Upon Consent of Appearing Parties by 7-Eleven, Inc. (Misiti, Frank) |
| Filing 15 MEMORANDUM in Opposition re #8 Notice of MOTION for Preliminary Injunction filed by Hong Kim. (Attachments: #1 Affidavit of Hong Kim in Opposition to Motion for Preliminary Injunction, #2 Exhibit A) (Einbinder, Michael) |
| Filing 14 ANSWER to #1 Complaint, , COUNTERCLAIM against 7-Eleven, Inc. by Hong Kim. (Einbinder, Michael) |
| Filing 13 AFFIDAVIT of Service for Notice of Motion for Preliminary Injunction served on Hong Kim on 8/3/2018, filed by 7-Eleven, Inc.. (Troisi, Michael) |
| Filing 12 Letter MOTION for Extension of Time to File Response/Reply as to #8 Notice of MOTION for Preliminary Injunction by Hong Kim. (Einbinder, Michael) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer as to Hong Kim. Defendant's deadline to answer the Complaint or otherwise move is extended to 8/31/2018. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 9/13/2018 at 3:00 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 9/6/2018. Ordered by Magistrate Judge Vera M. Scanlon on 8/8/2018. (Quinlan, Krista)
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ORDER granting #12 Motion for Extension of Time to File Response/Reply:The defendant has until August 31, 2018 to oppose the plaintiff's motion for a preliminary injunction. The plaintiff may file a reply by September 14, 2018. Ordered by Judge Ann M Donnelly on 8/8/2018. (Ngai, Genny)
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| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Hong Kim. (Attachments: #1 Stipulation and Proposed Consent Order) (Einbinder, Michael) |
| Filing 9 NOTICE of Appearance by Michael Einbinder on behalf of Hong Kim (aty to be noticed) (Einbinder, Michael) |
| Filing 8 Notice of MOTION for Preliminary Injunction by 7-Eleven, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration Newman Declaration, #3 Declaration Spaccaforno Declaration) (Troisi, Michael) |
| Filing 7 SUMMONS Returned Executed by 7-Eleven, Inc.. Hong Kim served on 7/19/2018, answer due 8/9/2018. (Troisi, Michael) |
| Filing 6 NOTICE of Appearance by Frank Michael Misiti on behalf of 7-Eleven, Inc. (aty to be noticed) (Misiti, Frank) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 2 Summons Issued as to Hong Kim. (Bowens, Priscilla) |
| Case assigned to Judge Ann M Donnelly and Magistrate Judge Vera M. Scanlon. 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 1 COMPLAINT against Hong Kim filing fee $ 400, receipt number 0207-10595997 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by 7-Eleven, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Franchise Agreement, #4 Exhibit B - Termination Agreement) (Troisi, Michael) |
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| Counter defendant: 7-Eleven, Inc. | |
| Represented By: | Michael A. Troisi |
| Represented By: | Frank Michael Misiti |
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| Defendant: Hong Kim | |
| Represented By: | Michael Einbinder |
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