Chaplin's Barber Shop, LLC v. Chaplin Barbershop et al
| Chaplin's Barber Shop, LLC |
| Chaplin Barbershop and Arthur Yusupov |
| 1:2019cv05669 |
| October 8, 2019 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Trademark |
| 15 U.S.C. § 1127 Trademark Infringement |
| None |
Docket Report
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| Filing 27 STATUS REPORT by Chaplin's Barber Shop, LLC (Chiu, Wing) |
| ELECTRONIC ORDER granting, on consent, and with Judge Matsumoto's concurrence, #26 Motion for Extension of Time to Answer until January 17, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 12/6/2019. (Proujansky, Josh) |
| Filing 26 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Chaplin Barbershop, Arthur Yusupov. (Goswami, Sharonmoyee) |
ORDER granting #25 Letter Motion for Extension of Time. The time for Defendants to answer or otherwise respond to the Complaint is extended to December 6, 2019, and all other deadlines in the case are stayed until December 6, 2019, to allow the parties to finalize settlement terms and for the parties to inform the Court of the final resolution of this matter. By December 6, 2019, the parties shall either file a stipulation of dismissal which complies with Rule 41 of the Federal Rules of Civil Procedure or a joint status letter indicating how they wish to proceed in this action. Ordered by Judge Kiyo A. Matsumoto on 11/21/2019. (Ammari, Kamil)
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| Filing 25 STATUS REPORT in Response to Court Order dated November 13, 2019 by Chaplin's Barber Shop, LLC (Chiu, Wing) |
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ORDER. The parties are directed to file a joint status letter by November 18, 2019. Ordered by Judge Kiyo A. Matsumoto on 11/13/2019. (Ammari, Kamil)
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| Filing 24 Minute Entry for proceedings held before Chief Magistrate Judge Roanne L. Mann:Settlement Conference held on 11/8/2019. The Court conducts a settlement conference but the parties reject each other's settlement proposals. Their positions at this point are too far apart for settlement purposes. See attached Minute Entry. (Vallens, Adrian) |
| Filing 23 NOTICE of Appearance by Taylor Davis on behalf of Chaplin Barbershop, Arthur Yusupov (notification declined or already on case) (Davis, Taylor) |
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/28/2019. (Kelson, Lise)
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ORDER granting, on consent #21 Motion for Extension of Time to Answer. All Defendants. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/28/2019. (Kelson, Lise)
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| Filing 22 MOTION to Appear Pro Hac Vice ("Notice of Motion to Admit Counsel Pro Hac Vice for Limited Purpose") Filing fee $ 150, receipt number ANYEDC-11982475. by Chaplin Barbershop, Arthur Yusupov. (Attachments: #1 Affidavit of Taylor R. Davis in Support of Motion to Admit Counsel Pro Hac Vice for Limited Purpose, #2 Certificate of Good Standing) (Davis, Taylor) |
| Filing 21 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Chaplin Barbershop, Arthur Yusupov. (Goswami, Sharonmoyee) |
| Filing 20 NOTICE of Appearance by Sharonmoyee Goswami on behalf of Chaplin Barbershop, Arthur Yusupov (notification declined or already on case) (Goswami, Sharonmoyee) |
| ELECTRONIC SCHEDULING ORDER: A Settlement Conference will be held on November 8, 2019 at 10:00 AM, in Courtroom 13C South before Chief Magistrate Judge Roanne L. Mann. Clients must appear for the conference in-person. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/23/2019. (Proujansky, Josh) |
| Filing 19 REPLY in Support re #7 Order to Show Cause,,, filed by Chaplin's Barber Shop, LLC. (Chiu, Wing) |
| MINUTE ENTRY & ORDER for Show Cause Hearing held before Judge Kiyo A. Matsumoto on October 22, 2019. Appearance for Plaintiff: Wing K. Chiu, Esq. Appearances for Defendants: Sharonmoyee Goswami, Esq.; Arthur Yusupov. The parties discussed Plaintiff's Motion for a Preliminary Injunction. The Court informed the parties that, based on the record presently before the Court, it would not be inclined to grant a preliminary injunction. The Court, however, inquired as to whether the parties would agree to hold issuance of the order ruling on Plaintiff's motion in abeyance and proceed to a settlement conference before Chief Magistrate Judge Roanne L. Mann. The parties expressed interest in proceeding to a settlement conference. The Court consequently directed the parties to contact Judge Mann's chambers to schedule a settlement conference. (Court Reporter Michele Nardone.) (Ammari, Kamil) |
| Filing 18 Corporate Disclosure Statement by Chaplin Barbershop, Arthur Yusupov identifying Corporate Parent A&M 666, Inc. for Chaplin Barbershop. (Goswami, Sharonmoyee) |
| Filing 17 DECLARATION re #15 Memorandum in Opposition, ("Declaration of Sharonmoyee Goswami") by Chaplin Barbershop, Arthur Yusupov (Attachments: #1 Exhibit 1--Defendants' Website, #2 Exhibit 2--Defendants' Google Reviews, #3 Exhibit 3--Access Consumer Study, #4 Exhibit 4--Google Ads Requisition, #5 Exhibit 5--Defendants' Storefront, #6 Exhibit 6--Defendants' Facebook, #7 Exhibit 7--Defendants' Instagram, #8 Exhibit 8--Business Card, #9 Exhibit 9--Plaintiff's Storefront, #10 Exhibit 10--Plaintiff's Website, #11 Exhibit 11--TEAS Search, #12 Exhibit 12--WhitePages Chaplin NYC, #13 Exhibit 13--WhitePages Chaplin US, #14 Exhibit 14--NYS Dept. of State Search, #15 Exhibit 15--Chaplins Restaurant, #16 Exhibit 16--Chaplin Package Store, #17 Exhibit 17--Plaintiff's Business Card, #18 Exhibit 18--Defendants' Yelp, #19 Exhibit 19--Defendants' Yelp Photo) (Goswami, Sharonmoyee) |
| Filing 16 DECLARATION re #15 Memorandum in Opposition, ("Declaration of Arthur Yusupov") by Chaplin Barbershop, Arthur Yusupov (Goswami, Sharonmoyee) |
| Filing 15 MEMORANDUM in Opposition re #2 Memorandum in Support, #7 Order to Show Cause,,, ("Memorandum Of Law In Opposition To Plaintiff's Motion For A Preliminary Injunction") filed by Chaplin Barbershop, Arthur Yusupov. (Goswami, Sharonmoyee) |
| Filing 14 Letter from Sharonmoyee Goswami to Judge Matsumoto dated October 21, 2019 re submission of papers in opposition to Plaintiff's motion for a preliminary injunction by Chaplin Barbershop, Arthur Yusupov (Goswami, Sharonmoyee) |
| Filing 13 NOTICE of Appearance by Sharonmoyee Goswami on behalf of Chaplin Barbershop, Arthur Yusupov (aty to be noticed) (Goswami, Sharonmoyee) |
| Filing 12 Letter MOTION for Extension of Time to File Defts' opposition to Pltff's motion for a preliminary injunction until 10/22/19, and to postpone the Order to Show Cause Hearing until 10/31/19. Deft states that he is in the process of retaining counsel to represent both he and Chaplin Barbershop in this case, filed by Arthur Yusupov. (Galeano, Sonia) |
| Filing 11 AFFIDAVIT of Service for Order dated Oct 14, 2019 served on Chaplin Barbershop and Arthur Yusupov on October 15, 2019, filed by Chaplin's Barber Shop, LLC. (Lam, Nancy) |
| Filing 10 SUMMONS Returned Executed by Chaplin's Barber Shop, LLC. Chaplin Barbershop served on 10/10/2019, answer due 10/31/2019. (Attachments: #1 Affidavit of Service Chaplin Barber Shop) (Lam, Nancy) |
| Filing 9 SUMMONS Returned Executed by Chaplin's Barber Shop, LLC. Arthur Yusupov served on 10/10/2019, answer due 10/31/2019. (Attachments: #1 Affidavit of Service of YUSUPOV) (Lam, Nancy) |
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ORDER. On October 18, 2019, the Court received a letter (which will be docketed separately) from Arthur Yusopov requesting an extension to file an opposition to Plaintiff's motion for a preliminary injunction and to postpone the Show Cause Hearing. The Court did not previously grant Plaintiff's request for a Temporary Restraining Order, and consequently will not grant Defendant Yusupov's request and delay the Show Cause Hearing. Defendant Yusupov may, however, attempt to reach an agreement with Plaintiff to adjourn the date of the Show Cause Hearing. Counsel for Plaintiff is ordered to immediately serve a copy of this Order on Defendants and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/18/2019. (Ammari, Kamil)
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ORDER. Due to the Court's busy calendar, the Show Cause Hearing currently scheduled for Monday, October 21, 2019, at 2:00 p.m. is hereby adjourned to Tuesday, October 22, 2019, at 2:30 p.m. Plaintiff is directed to immediately serve a copy of this Order on Defendants and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/14/2019. (Ammari, Kamil)
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| Filing 8 Corporate Disclosure Statement by Chaplin's Barber Shop, LLC (Lam, Nancy) |
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Filing 7
ORDER TO SHOW CAUSE. Defendants are hereby ORDERED to show cause why Plaintiff is not entitled to a preliminary injunction, in accordance with the attached Order. The temporary restraining order ("TRO"), which seeks, inter alia, to preclude Defendants from operating, using, or advertising under the name "Chaplin Barbershop" (see items (1) and (3) in the attached Order to Show Cause), is unsupported by a bond or other security to pay the costs and damages sustained by Defendants if the injunction or restraint is found to be wrongful. Accordingly, the Court will consider the parties' positions at the Show Cause hearing on October 21, 2019, at 2:00 p.m., and denies without prejudice Plaintiff's request for a temporary restraining order. Ordered by Judge Kiyo A. Matsumoto on 10/8/2019. (Ammari, Kamil)
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| Filing 6 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 5 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 4 Unsigned Order to Show Cause by Chaplin's Barber Shop, LLC (Bowens, Priscilla) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 2 MEMORANDUM in Support for a Preliminary Injunction, filed by Chaplin's Barber Shop, LLC. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Chaplin Barbershop, Arthur Yusupov Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Chaplin's Barber Shop, LLC. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653144336 (Bowens, Priscilla) |
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