Overtime Sports, Inc. v. Dick's Sporting Goods, Inc. et al
| Overtime Sports, Inc. |
| American Sports Licensing, LLC and Dick's Sporting Goods, Inc. |
| 1:2020cv03401 |
| July 28, 2020 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Cheryl L Pollak |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 MOTION to Adjourn Conference parties have reached a settlement agreement in principle by Overtime Sports, Inc.. (Kittay, Leo) |
| ELECTRONIC ORDER granting #34 Motion to Adjourn Conference. Settlement conference is adjourned sine die. Stipulation of discontinuance to be filed within 45 days - 11/6/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 9/23/2020. (Caggiano, Diana) |
ORDER granting #33 Motion for Extension of Time to File. The court so-orders the parties' request for a fourth extension of the briefing schedule for plaintiff's motion for preliminary injunction. The parties shall jointly and promptly update the court via ECF as to the status of this matter, on or before September 29, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/23/2020. (Zhang, Grace)
|
| Filing 33 MOTION for Extension of Time to File Plaintiff's pending preliminary injunction motion documents by Overtime Sports, Inc.. (Kittay, Leo) |
|
ORDER granting #32 Motion for Extension of Time to File. The court so-orders the parties' request for a third extension of the briefing schedule for plaintiff's motion for preliminary injunction. The parties shall jointly and promptly update the court via ECF as to the status of this matter, on or before September 22, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/16/2020. (Zhang, Grace)
|
| Filing 32 MOTION for Extension of Time to File Plaintiff's pending preliminary injunction motion documents by Overtime Sports, Inc.. (Kittay, Leo) |
|
ORDER. The court so-orders the parties' request for a second extension of the briefing schedule for plaintiff's motion for preliminary injunction #31 . The parties shall jointly and promptly update the court via ECF as to the status of this matter, on or before September 15, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/11/2020. (Zhang, Grace)
|
| Filing 31 MOTION for Extension of Time to File Plaintiffs pending preliminary injunction motion documents by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 30 MOTION for Extension of Time to File Plaintiffs pending preliminary injunction motion documents by Overtime Sports, Inc.. (Kittay, Leo) |
|
ORDER granting #30 Motion for Extension of Time to File. The parties have indicated #30 that they are close to a potential settlement of this matter and have requested an extension of the briefing schedule for plaintiff's pending preliminary injunction motion. To provide the parties additional time in which to potentially resolve the matter, the court so-orders the requested extension of the briefing schedule as set forth in plaintiff's letter #30 . The parties shall jointly and promptly notify the court via ECF as to the status of this matter, on or before September 10, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/3/2020. (Zhang, Grace)
|
| Filing 29 Corporate Disclosure Statement by American Sports Licensing, LLC, Dick's Sporting Goods, Inc. identifying Corporate Parent Dick's Sporting Goods, Inc. for American Sports Licensing, LLC. (Schmitt, Johanna) |
| Filing 28 NOTICE of Appearance by Allison W. Buchner on behalf of American Sports Licensing, LLC, Dick's Sporting Goods, Inc. (notification declined or already on case) (Buchner, Allison) |
| MINUTE ENTRY for Settlement Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 8/18/2020. Appearance for plaintiff: Leo Kittay. Appearance for defendant: Dale Cendali / Diana Torres. Settlement discussions prove unsuccessful. Parties are to exchange discovery by 8/31/2020 in accordance with the expedited schedule and appear for a conference with this court on 9/23/2020 @ 3:45 PM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:45 PM. Enter Access code: 380-1746 and security code: 20-3401. (Caggiano, Diana) |
| ELECTRONIC ORDER granting #27 : Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. 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 is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/19/2020. (Bayer, Sarah) |
| Filing 27 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13229825. by American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Attachments: #1 Affidavit of Allison W. Buchner, #2 Certificate of Good Standing) (Buchner, Allison) |
| Filing 26 NOTICE of Appearance by Diana Torres on behalf of American Sports Licensing, LLC, Dick's Sporting Goods, Inc. (aty to be noticed) (Torres, Diana) |
| ELECTRONIC ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. 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 is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/18/2020. (Bayer, Sarah) |
| Filing 25 MOTION to Appear Pro Hac Vice for Diana M. Torres Filing fee $ 150, receipt number ANYEDC-13224162. by American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Attachments: #1 Affidavit of Diana M. Torres, #2 Certificate of Good Standing) (Schmitt, Johanna) |
|
Filing 24
SCHEDULING ORDER: Settlement Conference re.: #22 , #23 set for 8/18/2020 @ 2:15 p.m. before Chief Magistrate Cheryl L. Pollak. The conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 p.m. Enter access code: 380-1746 and security code: 20-3401. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/14/2020. (Bayer, Sarah)
|
| Filing 23 Letter response pursuant to the Court 8/13/2020 Order by Overtime Sports, Inc. (Kittay, Leo) |
| Filing 22 Letter in response to Court's October 12, 2020 Order by American Sports Licensing, LLC, Dick's Sporting Goods, Inc. (Schmitt, Johanna) |
|
ORDER. The court so-orders defendants' agreement #22 not to open new stores with the name "Overtime by Dick's Sporting Goods", including in Tempe, Arizona, pending expedited bilateral discovery and disposition of plaintiff's motion for a preliminary injunction. Plaintiff is respectfully ordered to respond to defendants' offer to engage in a settlement conference before Magistrate Judge Pollak, and to defendants' proposed expedited discovery schedule, by 5 p.m. today. Ordered by Judge Kiyo A. Matsumoto on 8/13/2020. (Zhang, Grace)
|
|
ORDER. In light of defendants' letter #22 indicating that "DSG has decided to defer the opening of new stores with the name 'Overtime by Dick's Sporting Goods' (including in Tempe, Arizona), pending expedited bilateral discovery and the disposition of Plaintiff's motion for a preliminary injunction," as set forth in the so-ordered briefing and discovery schedule #23 , the court finds as moot plaintiff's #10 Motion for TRO. Ordered by Judge Kiyo A. Matsumoto on 8/13/2020. (Zhang, Grace)
|
|
ORDER. By letters #22 and #23 from the parties to the court, the parties have evinced their willingness to participate in a settlement conference before Magistrate Judge Pollak. The court so-orders the jointly proposed briefing schedule and expedited discovery schedule, as set forth in plaintiff's letter #23 . In addition, the court respectfully refers this matter to Magistrate Judge Pollak for purposes of conducting a settlement conference and to oversee expedited discovery. The court will address the pending TRO motion in a separate docket order. Ordered by Judge Kiyo A. Matsumoto on 8/13/2020. (Zhang, Grace)
|
| Filing 21 NOTICE of Appearance by Johanna Schmitt on behalf of American Sports Licensing, LLC, Dick's Sporting Goods, Inc. (aty to be noticed) (Schmitt, Johanna) |
| Filing 20 NOTICE of Appearance by Dale Margaret Cendali on behalf of American Sports Licensing, LLC, Dick's Sporting Goods, Inc. (aty to be noticed) (Cendali, Dale) |
| Filing 19 AFFIDAVIT/DECLARATION in Opposition re #10 MOTION for Temporary Restraining Order of Stephen P. Miller, Jr. filed by American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Cendali, Dale) |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re #10 MOTION for Temporary Restraining Order of Karina Patel filed by American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Attachments: #1 Exhibit A - Response to Office Action) (Cendali, Dale) |
| Filing 17 MEMORANDUM in Opposition re #10 MOTION for Temporary Restraining Order filed by American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Cendali, Dale) |
|
Minute Entry & Order for telephonic hearing held on August 12, 2020 before Judge Kiyo A. Matsumoto. Appearances: Laura Popp-Rosenberg, Esq. and Leo Kittay, Esq. appeared on behalf of plaintiff Overtime Sports, Inc. Dale Cendali, Esq. and Johanna Schmitt, Esq. appeared on behalf of defendants Dick's Sporting Goods, Inc. and American Sports Licensing, LLC. The court heard argument regarding #10 plaintiff's TRO application. The court held its decision regarding the TRO in abeyance and encouraged the parties to settle the matter. The parties will consult with their clients and each other, and notify the court via ECF by noon on August 13, 2020 as to how they wish to proceed. The parties are also ordered to provide a proposed expedited discovery schedule and suggested dates for a hearing. Ordered by Judge Kiyo A. Matsumoto on 8/12/2020. (Court Reporter Georgette Betts.) (Zhang, Grace)
|
|
ORDER. Defendants have filed documents opposing plaintiff's motion for a TRO. However, defense counsel has failed to file a notice of appearance. Defense counsel is respectfully ordered to file a notice of appearance on the docket immediately, or they may be prohibited from appearing on behalf of defendants at the TRO hearing. Ordered by Judge Kiyo A. Matsumoto on 8/12/2020. (Zhang, Grace)
|
| Filing 16 DECLARATION re #11 Memorandum in Support, #13 Affidavit in Support of Motion, Set Hearings,, #10 MOTION for Temporary Restraining Order , #12 Affidavit in Support of Motion, #1 Complaint, #15 Affidavit in Support of Motion, #14 Affidavit in Support of Motion , Order dated August 11, 2020. by Overtime Sports, Inc. (Kittay, Leo) |
| Filing 15 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Temporary Restraining Order Leo Kittay Declaration and Exhibits 38-40 filed by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Temporary Restraining Order Yuoseph Karzoan Declaration and Exhibits 23-37 filed by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Temporary Restraining Order Farzeen Ghorashy Declaration and Exhibits 7-22 filed by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Temporary Restraining Order William Shanks Declaration and Exhibits 1-6 filed by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 11 MEMORANDUM in Support re #10 MOTION for Temporary Restraining Order filed by Overtime Sports, Inc.. (Kittay, Leo) |
| Filing 10 MOTION for Temporary Restraining Order by Overtime Sports, Inc.. (Attachments: #1 Proposed Order on Application for TRO and Order to Show Cause for PI) (Kittay, Leo) |
|
ORDER: The court will hear plaintiff's application for a temporary restraining order on Wednesday, August 12, 2020 at 3:00 pm by telephone conference on the condition that plaintiff file a declaration of service by close of business on 8/11/2020, that it has served defendant with the summons and complaint, declarations/affidavits, memorandum of law and this Order directing that the parties appear for the August 12, 2020 hearing. Defendant may submit any opposition by to the application for a TRO by 12:00 pm on 8/12/2020. The parties shall dial into the conference by dialing 1888-684-8852 using code 1312089.Ordered by Judge Kiyo A. Matsumoto on 8/11/2020. (Williams-Jackson, Sandra)
|
| Filing 9 WAIVER OF SERVICE Returned Executed by Overtime Sports, Inc.. American Sports Licensing, LLC waiver sent on 7/31/2020, answer due 9/29/2020. (Popp-Rosenberg, Laura) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Overtime Sports, Inc.. Dick's Sporting Goods, Inc. waiver sent on 7/31/2020, answer due 9/29/2020. (Popp-Rosenberg, Laura) |
| Filing 7 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 6 NOTICE of Appearance by Daniel Michael Nuzzaci on behalf of Overtime Sports, Inc. (aty to be noticed) (Nuzzaci, Daniel) |
| Filing 5 NOTICE of Appearance by Laura Elizabeth Popp-Rosenberg on behalf of Overtime Sports, Inc. (aty to be noticed) (Popp-Rosenberg, Laura) |
| 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 American Sports Licensing, LLC, Dick's Sporting Goods, Inc.. (Bowens, Priscilla) |
| Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Cheryl L. Pollak. 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 American Sports Licensing, LLC, Dick's Sporting Goods, Inc. filing fee $ 400, receipt number ANYEDC-13128520 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Overtime Sports, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Kittay, Leo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
