Lang v. Cheung et al
| Charles Lang |
| William Cheung, Royal King, Inc., Kwok Shing Hong, Inc. and Herba Natural Products, Inc. |
| 1:2019cv04775 |
| August 20, 2019 |
| US District Court for the Eastern District of New York |
| James Orenstein |
| Eric N Vitaliano |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 RESPONSE in Opposition re #15 Letter MOTION for pre motion conference filed by Charles Lang. (Hopkins, Michael) |
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, November 12, 2019, at 9:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than November 7, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/11/2019. (Guy, Alicia)
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| Filing 15 Letter MOTION for pre motion conference by William Cheung, Herba Natural Products, Inc., Kwok Shing Hong, Inc., Royal King, Inc.. (Moskin, Jonathan) |
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ORDER terminating #14 Motion to Dismiss. Pursuant to the Court's Individual Motion Practice and Rules, "a pre-motion conference with the Court must be requested before making any motion" to dismiss. Rule III(A). If permission to file a motion is granted, then, "the parties are to jointly file a letter proposing a briefing schedule for Court approval." Rule III(B). "No party is to serve any motion paper prior to obtaining court approval of the schedule." Id. Furthermore, "no motion paper shall be filed until the motion has been fully briefed." Rule III(D). Defendants have filed an unauthorized motion to dismiss #14 which fails to comply with these rules. Accordingly, the motion at #14 is terminated, and Defendants are directed to review the Court's Individual Rules. Defendants shall file any request for a pre-motion conference by October 9, 2019. Ordered by Judge Eric N. Vitaliano on 10/2/2019.(LoMonaco, Anthony)
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| Filing 14 MOTION to Dismiss by William Cheung, Herba Natural Products, Inc., Kwok Shing Hong, Inc., Royal King, Inc.. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Eoin Connolly in Support of Motion to Dismiss, #3 Exhibit A: LA Times Article, #4 Exhibit B: Wisconsin Ginseng Application) (Moskin, Jonathan) |
| Filing 13 Letter MOTION for Extension of Time to File Answer by William Cheung, Herba Natural Products, Inc., Kwok Shing Hong, Inc., Royal King, Inc.. (Moskin, Jonathan) |
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ORDER granting #13 Motion for Extension of Time to Answer -- The motion is granted on consent; defendants William Cheung, Herba Natural Products, Inc., Kwok Shing Hong, Inc., and Royal King, Inc. shall answer or otherwise respond to the complaint by September 27, 2019. Ordered by Magistrate Judge James Orenstein on 9/11/2019. (Walker, Anna)
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| Filing 12 NOTICE of Appearance by Michael T. Hopkins on behalf of Charles Lang (notification declined or already on case) (Hopkins, Michael) |
| Filing 11 SUMMONS Returned Executed by Charles Lang. William Cheung served on 8/23/2019, answer due 9/13/2019. (Hopkins, Michael) |
| Filing 10 SUMMONS Returned Executed by Charles Lang. Royal King, Inc. served on 8/22/2019, answer due 9/12/2019. (Hopkins, Michael) |
| Filing 9 SUMMONS Returned Executed by Charles Lang. Kwok Shing Hong, Inc. served on 8/22/2019, answer due 9/12/2019. (Hopkins, Michael) |
| Filing 8 SUMMONS Returned Executed by Charles Lang. Herba Natural Products, Inc. served on 8/22/2019, answer due 9/12/2019. (Hopkins, Michael) |
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ORDER granting #2 Motion for Leave to Appear Pro Hac Vice -- Attorney Michael T. Hopkins, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 2, 2019, Mr. Hopkins shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Hopkins shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Hopkins shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/26/2019. (Gutmann, Joseph)
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| NOTICE re #2 MOTION for Leave to Appear Pro Hac Vice filed by Michael Hopkins --- Counsel is reminded for future reference to adhere to Section I.D of the CM/ECF Electronic New Civil Case Opening Manual which states "Certain supporting documents, such as your Civil Cover Sheet, must be filed immediately after filing your case-initiating document. (See Section III, below, for additional information.) However, do not file any subsequent motion until judges have been assigned to your case." No corrective action is required. Do not refile the document. CM/ECF training is available at the courthouse free of charge. For more information regarding training, counsel can contact Evelyn Levine, Training Specialist at (718) 613-2312. (Guy, Alicia) |
| Filing 7 NOTICE of Change of Firm, address, email and tel/fax of Attorney Michael T. Hopkins Once the filing has been made, you must login to www.pacer.gov and update your account. (Hopkins, Michael) |
| Filing 6 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Complaint) (Hong, Loan) |
| 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. (Bowens, Priscilla) |
| Filing 2 MOTION to Appear Pro Hac Vice of Attorney Michael T. Hopkins Filing fee $ 150, receipt number ANYEDC-11775559. by Charles Lang. (Attachments: #1 Affidavit - In support of PHV Motion) (Hopkins, Michael) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11775433 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Charles Lang. (Attachments: #1 Civil Cover Sheet, #2 Miscellaneous Case Cover Sheet, #3 Exhibit 1 - DATCP website capture, #4 Exhibit 2 - Packaging photos, #5 Exhibit 3 - Covance Lab Report, #6 Exhibit 4 - Statistical Analysis report, #7 Proposed Summons - Cheung, #8 Proposed Summons - Kwok Shing, #9 Proposed Summons - Royal King, #10 Proposed Summons - Herba Natural) (Hopkins, Michael) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge James Orenstein. 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) |
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