3M Company v. CovCare, Inc. et al
| 3M Company |
| CovCare, Inc. and Wooter Apparel, Inc. |
| 1:2021cv01644 |
| March 26, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| James R Cho |
| Diane Gujarati |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 41
SCHEDULING ORDER: A Telephonic-Initial Conference will be held at 11:00 a.m. on July 20, 2021 before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than July 15, 2021. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 5/12/2021. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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ORDER: Granting #40 STIPULATION to Extend time to Answer or otherwise move. Defendants CovCare, Inc. and Wooter Apparel, Inc. shall answer, move or otherwise respond to the complaint by June 30, 2021. Ordered by Magistrate Judge James R. Cho on 5/12/2021. (Gillespie, Saudia)
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| Filing 40 STIPULATION to Extend time to Answer or otherwise move by CovCare, Inc., Wooter Apparel, Inc. (Garson, Robert) Modified to add motion on 5/12/2021 (Gillespie, Saudia). |
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Filing 39
MEMORANDUM AND ORDER -- For the reasons set forth in the attached Memorandum and Order, Plaintiff 3M's #8 Motion for a Preliminary Injunction is GRANTED IN PART and DENIED IN PART as described in the Order. SEE ATTACHED ORDER. So Ordered by Judge Diane Gujarati on 5/5/2021. (Almonte, Kelly)
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| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/21/2021, before Judge Gujarati. Court Reporter/Transcriber Anthony Frisolone, Telephone number 718.613.2487. Email address: afrisolone@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/26/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/3/2021. (Frisolone, Anthony) |
| Filing 37 MEMORANDUM in Opposition re #36 Memorandum in Opposition GArson Declaration filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Garson, Robert) |
| Filing 36 MEMORANDUM in Opposition re #35 Memorandum in Opposition Arroyo Exhibit filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit A) (Garson, Robert) |
| Filing 35 MEMORANDUM in Opposition re #26 Memorandum in Opposition and evidentiary filing filed by CovCare, Inc., Wooter Apparel, Inc.. (Garson, Robert) |
| Filing 34 REPLY in Support re Order,, #29 Reply in Support, #33 Motion Hearing,,, Supplemental Briefing related to Seizue Warrant and alleged Genuine Product Remaining in Defendant's Possession filed by 3M Company. (Attachments: #1 Exhibit) (Oxamendi, David) |
| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Lois Bloom no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 33 Minute Entry for proceedings held before Judge Diane Gujarati:Oral argument on Plaintiff's motion for a preliminary injunction held on Wednesday, April 21, 2021 at 2:00 p.m. Kara Mundy, Richard Schuster, and David Oxamendi appeared on behalf of Plaintiff. Robert Garson and Kevin Kehrli appeared on behalf of Defendants. The parties were heard on Plaintiff's motion. The parties were directed to supplement their briefing to include any evidentiary submissions they want the court to consider related to the recent masks seizure by no later than 5:00 p.m. on April 23, 2021. Defense counsel was further directed to address the number of masks being claimed as legitimate and which Defendants are seeking to sell. The Court continued the Temporary Restraining Order currently in effect until the Court rules on the motion for a preliminary injunction. (Court Reporter Anthony Frisolone) (Almonte, Kelly) |
| Filing 32 NOTICE of Appearance by Kara M. Mundy on behalf of 3M Company (notification declined or already on case) (Mundy, Kara) |
| Filing 31 Letter Requesting to Correct Record by CovCare, Inc., Wooter Apparel, Inc. (Attachments: #1 Exhibit 3M Public Document) (Garson, Robert) |
| Filing 30 CERTIFICATE OF SERVICE by 3M Company re #29 Reply in Support of Motion for TRO and Preliminary Injunctive Relief (Oxamendi, David) |
| Filing 29 REPLY in Support re Order,, #24 Order on Motion for TRO,,,,,,,,,,,, Set Motion and R&R Deadlines/Hearings,,,,, #26 Memorandum in Opposition filed by 3M Company. (Attachments: #1 Declaration) (Oxamendi, David) |
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Filing 28
ORDER granting #27 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. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 4/19/2021. (Rein, Gilbert)
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| Filing 27 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14385293. by 3M Company. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Mundy, Kara) |
| Filing 26 MEMORANDUM in Opposition re #24 Order on Motion for TRO,,,,,,,,,,,, Set Motion and R&R Deadlines/Hearings,,,,, filed by CovCare, Inc., Wooter Apparel, Inc.. (Kehrli, Kevin) |
| Filing 25 DECLARATION re #24 Order on Motion for TRO,,,,,,,,,,,, Set Motion and R&R Deadlines/Hearings,,,,, by CovCare, Inc., Wooter Apparel, Inc. (Attachments: #1 Exhibit A - Press Release) (Kehrli, Kevin) |
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Filing 24
ORDER granting in part #8 Plaintiff's Emergency Motion for Temporary Restraining Order -- Plaintiff's request for a temporary restraining order is granted. The Court reserves decision on the Motion insofar as it seeks a preliminary injunction. The parties are directed to appear before the Court on April 21, 2021 at 2:00 p.m. for oral argument on Plaintiff's request for a preliminary injunction. Defendants shall file any further opposition by April 14, 2021 at 5:00 p.m. Plaintiff shall file a reply, if any, by April 19, 2021 at noon. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SEE ATTACHED ORDER. Ordered by Judge Diane Gujarati on 4/7/2021. (Almonte, Kelly)
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| Filing 23 Letter Regarding briefing by CovCare, Inc., Wooter Apparel, Inc. (Garson, Robert) |
| Filing 22 Supplemental MOTION for Temporary Restraining Order by 3M Company. (Attachments: #1 Declaration, #2 Declaration) (Oxamendi, David) |
| Filing 21 MEMORANDUM in Opposition re #19 Affidavit in Opposition to Motion, #20 Affidavit in Opposition to Motion On Voluntary Cessation filed by CovCare, Inc., Wooter Apparel, Inc.. (Garson, Robert) |
| Filing 20 AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Temporary Restraining Order Aaron Arroyo filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit Photographs) (Garson, Robert) |
| Filing 19 AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Temporary Restraining Order Alex Kagan filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit invoice, #2 Exhibit screenshot, #3 Exhibit screenshot, #4 Exhibit screenshot covcare, #5 Exhibit TUV homepage, #6 Exhibit report, #7 Exhibit report, #8 Exhibit report, #9 Exhibit report, #10 Exhibit report, #11 Exhibit email) (Garson, Robert) |
| Filing 18 Minute Entry for proceedings held before Judge Diane Gujarati: Telephone Conference held on April 5, 2021. Kara Mundy, Richard Schuster, and David Oxamendi appeared on behalf of Plaintiff. Robert Garson and Kevin Kehrli appeared on behalf of Defendants. The parties were heard on Plaintiff's application for a temporary restraining order. The parties were directed to supplement their briefing to include any additional factual declarations and any additional legal arguments by no later than 5:00 p.m. on April 6, 2021. The submissions should address the status quo. The Court reserved decision and will rule on Plaintiff's application in due course. (Court Reporter Georgette Betts) (Almonte, Kelly) |
| Filing 17 AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Temporary Restraining Order of Robert Garson filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit A - letter, #2 Exhibit B - Email chain) (Garson, Robert) |
| Filing 16 AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Temporary Restraining Order Alex Kagan filed by CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Exhibit A - 3M Product Notice) (Garson, Robert) |
| Filing 15 AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Temporary Restraining Order of Araon Arroyo filed by CovCare, Inc., Wooter Apparel, Inc.. (Garson, Robert) |
| Filing 14 MEMORANDUM in Opposition To TRO Motion filed by CovCare, Inc., Wooter Apparel, Inc.. (Garson, Robert) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14340276. by 3M Company. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Mundy, Kara) |
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ORDER: Attorney Kara Mundy seeks admission pro hac vice. ECF No. #13 . Although the Court will permit Ms. Mundy to appear at the conference scheduled for 2:00 p.m. today, the motion is denied without prejudice. Local Rule 1.3(c) requires that motions for admission pro hac vice "be accompanied by a certificate of good standing from each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing." The certificate of good standing accompanying the applicant's motion papers do not comply with the local rule. Counsel shall submit a new application to my attention or shall supply a reason why she is unable to comply with the local rule. Ordered by Magistrate Judge Lois Bloom on 4/5/2021. (Rein, Gilbert)
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| Filing 12 NOTICE of Appearance by Kevin Kehrli on behalf of CovCare, Inc., Wooter Apparel, Inc. (aty to be noticed) (Kehrli, Kevin) |
| Filing 11 Letter requesting to be heard on the TRO by CovCare, Inc., Wooter Apparel, Inc. (Attachments: #1 Exhibit Message Failure) (Garson, Robert) |
| Filing 10 NOTICE of Appearance by Robert David Garson on behalf of CovCare, Inc., Wooter Apparel, Inc. (aty to be noticed) (Garson, Robert) |
| Filing 9 CERTIFICATE OF SERVICE by 3M Company re Order,, #8 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Oxamendi, David) |
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SCHEDULING ORDER re #8 Emergency MOTION for Temporary Restraining Order -- The Court will hold a conference on Plaintiff's Motion on Monday, April 5, 2021 at 2:00 p.m. via teleconference. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 4/2/2021. (Almonte, Kelly)
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ORDER: In light of Plaintiff's #8 Motion for Temporary Restraining Order and Preliminary Injunctive Relief, the Court hereby orders that Plaintiff shall, by 12:00 p.m. on April 2, 2021, either: (1) pursuant to Federal Rule of Civil Procedure 65(b)(1)(B), certify in writing any efforts made to give notice of the Motion to Defendants and the reasons why notice should not be required; or (2) serve each Defendant with a copy of the summons, Complaint, and Motion and supporting documents, and file proof of such service via ECF. Ordered by Judge Diane Gujarati on 4/1/2021. (Almonte, Kelly)
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| Filing 8 Emergency MOTION for Temporary Restraining Order by 3M Company. (Attachments: #1 Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Declaration, #21 Exhibit, #22 Exhibit, #23 Exhibit) (Oxamendi, David) |
| Filing 7 Summons Issued as to CovCare, Inc., Wooter Apparel, Inc.. (Attachments: #1 Wooter Apparel, Inc.) (Herrera, Isaiah) |
| Filing 6 Proposed Summons. Re #1 Complaint,, by 3M Company (Oxamendi, David) |
| Filing 5 Proposed Summons. by 3M Company (Oxamendi, David) |
| Filing 4 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Lois Bloom. 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. (Davis, Kimberly) |
| Your proposed summons was not issued for one of the following reasons: No name and address on the Plaintiffs attorney name and addresses section., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number BNYEDC-14317332 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by 3M Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit) (Oxamendi, David) |
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