Iberia Foods Corp. et al v. Latinfood U.S. Corp. et al
| North Shore Bottling Co., Inc., International World Foods Corp., Iberia Foods Corp. and Brooklyn Bottling of Milton, New York, Inc. |
| Wilson Zuluaga, J. Wilson International, Inc. and Latinfood U.S. Corp. |
| 1:2020cv03009 |
| July 7, 2020 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2021. A more recent docket listing may be available from PACER.
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Filing 18
Joint MOTION for Settlement -Partial Settlement and Proposed Order by Brooklyn Bottling of Milton, New York, Inc., Iberia Foods Corp., International World Foods Corp., North Shore Bottling Co., Inc.. (Attachments: #1 Proposed Order) (Ruderman, Jeffrey)
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Filing 17
Minute Entry for Settlement Conference held before Magistrate Judge Roanne L. Mann on 8/18/2020. Settlement discussions held. By September 8, 2020, the parties must file a joint status report regarding their efforts to arrange for a remote deposition of a representative from non-party Bavaria S.A. and whether the parties have reached an agreement in principle regarding the HIT brand. See attached. (Proujansky, Josh)
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ORDER #16 Motion to Adjourn Conference. The Court reluctantly grants in substantial part the parties' belated request to adjourn Wednesday's settlement conference, which instead will be held on August 18, 2020 at 10:00 a.m. As for their request to extend the deadline for filing "ex parte settlement position papers," the Court adheres to the directives regarding such submissions, set forth in its July 16th Order; those submissions are now due by August 14, 2020.Ordered by Magistrate Judge Roanne L. Mann on 7/27/2020. (LK)
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Filing 16
Joint MOTION to Adjourn Conference for Settlement currently scheduled for July 29, 2020 by Brooklyn Bottling of Milton, New York, Inc., Iberia Foods Corp., International World Foods Corp., North Shore Bottling Co., Inc.. (Ruderman, Jeffrey)
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ORDER #15 Motion for Hearing. Application granted. A settlement conference will be held on July 29, 2020, at 2:15 p.m., either by telephone or videoconference, with logistical details to follow. Clients must participate and, to the extent that any client is less than fluent in English, counsel must arrange for an interpreter capable of providing simultaneous translation. As requested, the Court will allow the parties to furnish the Court, by July 27, 2020, with separate ex parte settlement position papers; however, to the extent that any such submission includes legal or factual argument, that portion of the submission must be served on opposing counsel. Also by July 27, 2020, the parties shall supply the Court, and serve on opposing counsel, discovery documents that are not part of the court file and that are pertinent to settlement discussions. Ordered by Magistrate Judge Roanne L. Mann on 7/16/2020. (LK)
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Filing 15
Joint MOTION for Hearing re Show Cause Hearing,,,,, #3 Unsigned Order to Show Cause, #1 Complaint, Order on Motion to Stay,, For Settlement Conference by Brooklyn Bottling of Milton, New York, Inc., Iberia Foods Corp., International World Foods Corp., North Shore Bottling Co., Inc.. (Ruderman, Jeffrey)
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Filing 14
Joint MOTION to Stay re Show Cause Hearing,,,,, #3 Unsigned Order to Show Cause by Brooklyn Bottling of Milton, New York, Inc., Iberia Foods Corp., International World Foods Corp., North Shore Bottling Co., Inc.. (Ruderman, Jeffrey)
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ORDER granting #14 Joint Motion to Stay. The Court stays further proceedings in this action until either a settlement conference is held before Judge Mann, or for 45 days, whichever is sooner. Within two business days of the settlement conference, the parties should jointly advise the Court whether a settlement has been reached, whether they plan to continue settlement discussions, or how they otherwise intend to proceed. If for any reason a settlement conference is not held within 45 days of this Order (i.e., by Monday, August 31, 2020), the parties should provide another joint status report to the Court by that date. Ordered by Judge Kiyo A. Matsumoto on 7/15/2020. (Mayer, Michael)
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Filing 13
NOTICE of Appearance by Mark J. Ingber on behalf of All Defendants (aty to be noticed) (Ingber, Mark)
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Filing 12
AFFIDAVIT of Service for Order to Show Cause served on All Defendants on July 8, 2020, filed by Brooklyn Bottling of Milton, New York, Inc., Iberia Foods Corp., International World Foods Corp., North Shore Bottling Co., Inc.. (Ruderman, Jeffrey)
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Filing 11
Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine)
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MINUTE ENTRY & ORDER for proceedings held before Judge Kiyo A. Matsumoto. A telephonic hearing was held on July 8, 2020 regarding #3 Plaintiff's Unsigned Order to Show Cause and Temporary Restraining Order. Appearance for Plaintiff: Jeffrey C. Ruderman, Esq. Appearance for Defendants: Mark Ingber, Esq. Counsel for Defendants is directed to file a notice of appearance on the docket as soon as possible.The Court hereby denies, without prejudice, Plaintiff's request for a Temporary Restraining Order. As discussed on the record during the hearing, the Court finds that the submitted record is insufficient to grant a Temporary Restraining Order at this time based on the representations made by Defendants during the hearing. Counsel for both parties are directed to confer with their clients about how to proceed with this litigation, bearing in mind the costs of moving this litigation forward. The parties shall jointly update the Court by letter via ECF about how they intend to proceed with this case, by Wednesday, July 15, 2020.In addition, the parties shall engage in good faith settlement negotiations, in an effort to resolve this litigation at minimal expense. The parties are ordered to jointly file a letter via ECF to Judge Mann requesting a settlement conference, and proposing possible times for such a conference. Ordered by Judge Kiyo A. Matsumoto on 7/8/2020. (Court Reporter Stacy Mace.) (Mayer, Michael)
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| Filing 10 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 9 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 8 Civil Cover Sheet.. Re #2 Proposed Summons/Civil Cover Sheet, #1 Complaint, by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., INTERNATIONAL WORLD FOODS CORP., Iberia Food Corp., NORTH SHORE BOTTLING CO., INC. (Ruderman, Jeffrey) |
| Filing 7 MEMORANDUM in Support re #5 Declaration, #3 Unsigned Order to Show Cause, #6 Declaration,, #1 Complaint, #4 Declaration, filed by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC.. (Ruderman, Jeffrey) |
| Filing 6 DECLARATION re #5 Declaration, #1 Complaint, #3 Unsigned Order to Show Cause, #4 Declaration, of Donald Lutchman by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M, #10 Exhibit N, #11 Exhibit O, #12 Exhibit P) (Ruderman, Jeffrey) |
| Filing 5 DECLARATION re #3 Unsigned Order to Show Cause, #1 Complaint, #4 Declaration, Rafael Restrepo by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC. (Ruderman, Jeffrey) |
| Filing 4 DECLARATION re #1 Complaint, #3 Unsigned Order to Show Cause of Jeffrey C. Ruderman by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Ruderman, Jeffrey) |
| Filing 3 Unsigned Order to Show Cause by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC. (Ruderman, Jeffrey) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by BROOKLYN BOTTLING OF MILTON, NEW YORK, INC., IBERIA FOODS CORP., INTERNATIONAL WORLD FOODS CORP., NORTH SHORE BOTTLING CO., INC. (Ruderman, Jeffrey) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-13027791 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by IBERIA FOODS CORP., NORTH SHORE BOTTLING CO., INC., INTERNATIONAL WORLD FOODS CORP., BROOKLYN BOTTLING OF MILTON, NEW YORK, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Ruderman, Jeffrey) |
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ORDER: The Court will conduct a telephonic hearing regarding #3 Plaintiff's Unsigned Order to Show Cause and Temporary Restraining Order on Wednesday, July 8, 2020 at 3:00 p.m. The parties shall dial into the hearing with the Court by calling 1-888-684-8852 and entering the following access code: 1312089. Counsel for Plaintiff is directed to make all reasonable efforts to serve Defendants with all documents filed in this action, notify Defendants of the hearing, and file proof of service on the docket by no later than 11:00 a.m. on Wednesday, July 8, 2020. Ordered by Judge Kiyo A. Matsumoto on 7/7/2020. (Mayer, Michael)
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| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Kiyo A. Matsumoto and 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) |
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