Lifeway Foods, Inc. et al v. Fresh Dairy, Inc.
Plaintiff: Fresh Made, Inc. and Lifeway Foods, Inc.
Defendant: Fresh Dairy, Inc.
Case Number: 1:2019cv05807
Filed: October 15, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Roanne L Mann
Referring Judge: Kiyo A Matsumoto
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2019 Filing 14 RESPONSE to Motion re #13 MOTION for pre motion conference to File Defendant's Motion to Dismiss filed by Lifeway Foods, Inc.. (MacLean, Justin)
December 6, 2019 Filing 13 MOTION for pre motion conference to File Defendant's Motion to Dismiss by Fresh Dairy, Inc.. (Frank, Alan)
December 6, 2019 Filing 12 MOTION to Dismiss or Stay Plaintiffs' Complaint for Improper Venue and Parallel Litigation, or in the Alternative, to Transfer Venue by Fresh Dairy, Inc.. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service) (Frank, Alan)
December 5, 2019 Filing 11 NOTICE of Appearance by Marc Anthony Rousseau on behalf of Fresh Dairy, Inc. (notification declined or already on case) (Rousseau, Marc)
November 20, 2019 Filing 10 STIPULATION re #1 Complaint, Stipulation for Extension of Time by Fresh Dairy, Inc. (Frank, Alan)
November 20, 2019 Filing 9 NOTICE of Appearance by Alan L. Frank on behalf of Fresh Dairy, Inc. (aty to be noticed) (Frank, Alan)
November 20, 2019 Opinion or Order STIPULATION AND ORDER: the #10 Stipulation extending defendant Fresh Dairy, Inc.'s time to answer or otherwise respond to the Complaint to December 6, 2019 is so-ordered. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/20/2019. (Proujansky, Josh)
November 1, 2019 Filing 8 SUMMONS Returned Executed by Lifeway Foods, Inc., Fresh Made, Inc.. Fresh Dairy, Inc. served on 10/30/2019, answer due 11/20/2019. (Attachments: #1 Exhibit Issued Summons) (MacLean, Justin)
October 16, 2019 Filing 7 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Complaint) (Hong, Loan)
October 16, 2019 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
October 16, 2019 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)
October 16, 2019 Filing 3 NOTICE of Appearance by Elana Araj on behalf of Fresh Made, Inc., Lifeway Foods, Inc. (aty to be noticed) (Araj, Elana)
October 15, 2019 Filing 4 Summons Issued as to Fresh Dairy, Inc.. (Bowens, Priscilla)
October 15, 2019 Case assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. 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)
October 15, 2019 Filing 2 Proposed Summons. Re #1 Complaint, by Fresh Made, Inc., Lifeway Foods, Inc. (MacLean, Justin)
October 15, 2019 Filing 1 COMPLAINT against Fresh Dairy, Inc. filing fee $ 400, receipt number ANYEDC-11943438 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Lifeway Foods, Inc., Fresh Made, Inc.. (Attachments: #1 Exhibit A - Trademark Registrations, #2 Exhibit B - Cease and Desist, #3 Civil Cover Sheet) (MacLean, Justin)

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Plaintiff: Fresh Made, Inc.
Represented By: Justin Albano MacLean
Represented By: Elana Araj
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Plaintiff: Lifeway Foods, Inc.
Represented By: Justin Albano MacLean
Represented By: Elana Araj
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Defendant: Fresh Dairy, Inc.
Represented By: Marc Anthony Rousseau
Represented By: Alan L. Frank
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