Nationwide Dairy, Inc. v. Fresh Dairy Inc. et al
| Nationwide Dairy, Inc. |
| Slam Zamanov, Fresh Dairy Inc. and Lakeview Farms, LLC |
| 1:2021cv03660 |
| June 29, 2021 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Cheryl L Pollak |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 Notice of MOTION to Amend/Correct/Supplement #1 Complaint,,, by Nationwide Dairy, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A- Proposed Order, #3 Exhibit B- Amended Complaint- clean, #4 Exhibit C- Compare, #5 Certificate of Service) (Lam, Nancy) |
| Filing 38 CERTIFICATE OF SERVICE by Nationwide Dairy, Inc. re #34 Preliminary Injunction service on D's counsel on Aug 6, 2021 (Lam, Nancy) |
| ELECTRONIC SCHEDULING ORDER re. #37 - Motion for Hearing: Granting defendants' motion. Settlement Conference set for 9/16/2021 @ 2:00PM before Chief Magistrate Cheryl L. Pollak. The Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:00 PM. Enter Access code: 380-1746 and security code: 21-3660. The parties' separate mediation statements, consisting of no more than five pages and exclusive of exhibits, are due 9/13/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/25/2021. (Henney, Scott) |
| Filing 37 MOTION for Hearing by Fresh Dairy Inc., Slam Zamanov. (Hughes, Daniel) |
ORDER RESPECTFULLY REFERRING MOTION: #35 Second MOTION for pre motion conference seeking Court's Leave to File a Second Motion for Contempt filed by Nationwide Dairy, Inc. respectfully referred to Chief Magistrate Judge Cheryl L. Pollak. Ordered by Judge Ann M. Donnelly on 8/24/2021. Motion respectfully referred to Cheryl L. Pollak. (Greene, Donna)
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| ELECTRONIC SCHEDULING ORDER re #35 : Plaintiff's Second Motion for Contempt is due 8/31/21, defendants' response is due 9/7/21, and plaintiff's reply is due 9/10/21. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/24/2021. (Henney, Scott) |
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ORDER RESPECTFULLY REFERRING MOTION: #36 Letter MOTION to Amend/Correct/Supplement #1 Complaint,,, First Request for Pre-Motion Conf to Amend filed by Nationwide Dairy, Inc.respectfully referred to Chief Magistrate Judge Cheryl L. Pollak. Ordered by Judge Ann M. Donnelly on 8/19/2021. Motion respectfully referred to Cheryl L. Pollak. (Greene, Donna)
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| ELECTRONIC SCHEDULING ORDER re #36 : Plaintiff's Motion to Amend/Correct/Supplement Complaint due on 08/27/2021, defendants' response is due on 09/03/2021, and plaintiff's reply is due on 09/08/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/19/2021. (Henney, Scott) |
| Filing 36 Letter MOTION to Amend/Correct/Supplement #1 Complaint,,, First Request for Pre-Motion Conf to Amend by Nationwide Dairy, Inc.. (Attachments: #1 Exhibit A- Amended complaint- proposed, #2 Exhibit B- Amended complaint COMPARE) (Lam, Nancy) |
| Filing 35 Second MOTION for pre motion conference seeking Court's Leave to File a Second Motion for Contempt by Nationwide Dairy, Inc.. (Attachments: #1 Exhibit Exibit A - Zamanov Affidavit, #2 Exhibit B - Aug 11 2021 Purchases of Infringing Goods) (Mestechkin, Oleg) (Main Document 35 replaced on 8/12/2021 per phone request by counsel's assistant). (Layne, Monique). |
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Filing 34
PRELIMINARY INJUNCTION. Ordered by Judge Ann M. Donnelly on 8/4/2021. (Greene, Donna)
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| Filing 33 NOTICE by Nationwide Dairy, Inc. NOTICE OF PROPOSED ORDER FOR PRELIMINAY INJUNCTION [DE 7] PER SCHEDULING ORDER dated 8-4-2021 (Attachments: #1 Certificate of Service) (Lam, Nancy) |
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SCHEDULING ORDER: In light of the #32 Status Report indicating ongoing negotiations regarding a standstill agreement, if the parties are unable to reach an agreement, then the plaintiff is directed to provide a proposed order for a preliminary injunction today, August 4, 2021, by 5:00 p.m. Ordered by Judge Ann M. Donnelly on 8/4/2021. (Rosenthal, Joshua)
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| Filing 32 STATUS REPORT in Response to Hon. Judge Ann M. Donnelly's Minute Order dated July 27, 2021 & Chief Magistrate Judge Cheryl Pollak's Minute Entry, dated July 30, 2021 by Nationwide Dairy, Inc. (Lam, Nancy) |
| MINUTE ENTRY for Settlement Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 7/29/2021. Appearance for plaintiff: Oleg Mestechkin, Appearance for defendant: Daniel Hughes. Settlement conference held. Parties to negotiate a standstill agreement and provide status report to court by 8/3/2021. (Caggiano, Diana) |
| Filing 31 REPLY in Support of Plaintiff's Prelim Injunction OSC and in response to Defendants Opposition #24 filed by Nationwide Dairy, Inc.. (Attachments: #1 Exhibit I- Storenearus Search Results - Amish, #2 Exhibit Lifeway Complaint) (Lam, Nancy) |
| Filing 30 NOTICE of Appearance by Richard Salvato on behalf of Fresh Dairy Inc., Slam Zamanov (notification declined or already on case) (Salvato, Richard) |
| Minute Order for proceedings held before Judge Ann M. Donnelly: denying #21 Motion for Contempt; Show Cause Hearing held on 7/27/2021. Oleg Mestechkin appeared for the plaintiff. Daniel Hughes appeared for the defendants. The Court denied the plaintiff's motion for contempt for the reasons stated on the record. The plaintiff and the defendants are directed to confer and to file a joint status report no later than August 2, 2021. (Court Reporter Denise Parisi.) (Rosenthal, Joshua) |
| ELECTRONIC SCHEDULING ORDER: The Settlement Conference is set for 7/29/2021 @ 2:15 PM before Chief Magistrate Cheryl L. Pollak. The Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 21-3660. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/27/2021. (Moon, Chloe) |
| ELECTRONIC ORDER granting #23 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. The attorney is also ORDERED to submit on the docket the Connecticut Certificate of Good Standing if and when obtained. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/26/2021. (Moon, Chloe) |
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SCHEDULING ORDER: The hearing scheduled for July 27, 2021 at 10:00 a.m. will now be held before this Court in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 7/26/2021. (Rosenthal, Joshua)
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| Filing 29 AFFIDAVIT/DECLARATION in Support re #21 First MOTION for Contempt MOTION for Order to Show Cause filed by Nationwide Dairy, Inc.. (Attachments: #1 Declaration Oleg Mestechkin Supp. Declaration in Support of Plaintiff's Motion for Contempt, #2 Exhibit July 21 2021 Email COmmunication from Plaintiff to Defendant) (Mestechkin, Oleg) |
| Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa) |
| Filing 28 Letter Responding to Defendants' Motion for Conference by Nationwide Dairy, Inc. (Attachments: #1 Exhibit 2021-07-22 Retailer Receipf of Infringing Goods at the "Gold Label" Store, #2 Exhibit 2021-07-22 Retailer Receipf of Infringing Goods at the "Golded Key" Store) (Mestechkin, Oleg) |
| Filing 27 MOTION for pre motion conference by Fresh Dairy Inc., Slam Zamanov. (Hughes, Daniel) |
| Filing 26 NOTICE of Appearance by Daniel Thomas Hughes on behalf of Fresh Dairy Inc., Slam Zamanov (notification declined or already on case) (Hughes, Daniel) |
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ORDER granting #27 Motion for Pre Motion Conference. The Court will address the defendants' letter at the hearing scheduled for July 27, 2021 at 10:00 a.m. The hearing will take place by telephone (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 7/22/2021. (Rosenthal, Joshua)
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| Filing 25 CERTIFICATE OF SERVICE by Nationwide Dairy, Inc. re #22 Affidavit in Support of Motion, #21 First MOTION for Contempt MOTION for Order to Show Cause (Lam, Nancy) |
| Filing 24 MEMORANDUM in Opposition to Preliminary Injunction filed by Fresh Dairy Inc., Slam Zamanov. (Attachments: #1 Declaration Declaration of Islam Zamanov in Opposition) (Peirce, Robert) |
| Filing 23 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14678890. by Fresh Dairy Inc., Slam Zamanov. (Salvato, Richard) |
| Filing 22 AFFIDAVIT/DECLARATION in Support re #21 First MOTION for Contempt MOTION for Order to Show Cause filed by Nationwide Dairy, Inc.. (Attachments: #1 Proposed Order) (Lam, Nancy) |
| Filing 21 First MOTION for Contempt , MOTION for Order to Show Cause by Nationwide Dairy, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration AM, #3 Declaration Attorney, #4 Exhibit A - 2021-07-07 Minute Order and TRO, #5 Exhibit B - 2021-06-29 Verified Complaint, #6 Exhibit C - 2021-06-30 Order Settting TRO Hearing, #7 Certificate of Service) (Lam, Nancy) |
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Filing 20
SCHEDULING ORDER: An Initial Conference is set for 9/10/2021 @ 2:45 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 21-3660. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/20/2021. (Caggiano, Diana)
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| Filing 19 NOTICE of Appearance by Marc Anthony Rousseau on behalf of Fresh Dairy Inc., Slam Zamanov (aty to be noticed) (Rousseau, Marc) |
| Filing 18 ANSWER to Complaint by Fresh Dairy Inc., Slam Zamanov. (Peirce, Robert) |
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ORDER TO SHOW CAUSE: The defendants Slam Zamanov and Fresh Dairy Inc. are directed to show cause before this Court on July 27, 2021 at 10:00 a.m. as to why an order should not be entered granting the plaintiff the relief requested in its motion for contempt #21 . The plaintiff is directed to serve the defendants with the motion for an order to show cause and a proposed order finding defendants in contempt of court with accompanying exhibits #21 , and this order, and file proof of service by July 22, 2021. The hearing will take place by telephone (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 7/20/2021. (Rosenthal, Joshua)
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| Filing 17 AFFIDAVIT of Service for Minute Order dated July 7, 2021 Personally on agent Zamanov at Business served on Fresh Dairy, Inc on 7/9/2021, filed by Nationwide Dairy, Inc.. (Lam, Nancy) |
| Filing 16 AFFIDAVIT of Service for Minute Order dated July 7, 2021 Personally served on Zamanov on 7/9/2021, filed by Nationwide Dairy, Inc.. (Lam, Nancy) |
| Minute Order for proceedings held before Judge Ann M. Donnelly: granting #7 Motion for TRO; Show Cause Hearing held on 7/7/2021. Oleg Mestechkin appeared for the plaintiff. Jessica Vosgerchian appeared for defendant Lakeview Farms, LLC. Defendants Fresh Dairy Inc. and Slam Zamanov did not appear. The Court granted the plaintiff's motion for a temporary restraining order pending the Court's determination on the plaintiff's motion for a preliminary injunction. The defendants' submissions in opposition to the preliminary injunction are due July 21, 2021. The plaintiff's reply is due July 28, 2021. The plaintiff moved to voluntarily dismiss defendant Lakeview Farms, LLC with prejudice. The Court granted the motion. The plaintiff is directed to serve defendants Fresh Dairy Inc. and Slam Zamanov with this minute order, and file proof of service by July 12, 2021. (Court Reporter Linda Marino.) (Singer, Julie) |
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Order Dismissing Parties: Party Lakeview Farms, LLC terminated. Ordered by Judge Ann M. Donnelly on 7/7/2021. (Singer, Julie)
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| Filing 15 NOTICE of Appearance by Oleg A. Mestechkin on behalf of Nationwide Dairy, Inc. (aty to be noticed) (Mestechkin, Oleg) |
| Filing 14 SUMMONS Returned Executed by Nationwide Dairy, Inc.. Lakeview Farms, LLC served on 6/30/2021, answer due 7/21/2021. (Lam, Nancy) |
| Filing 13 SUMMONS Returned Executed by Nationwide Dairy, Inc.. Slam Zamanov served on 6/30/2021, answer due 7/21/2021. (Lam, Nancy) |
| Filing 12 SUMMONS Returned Executed by Nationwide Dairy, Inc.. Fresh Dairy Inc. served on 7/1/2021, answer due 7/22/2021. (Lam, Nancy) |
| Filing 11 CERTIFICATE OF SERVICE by Nationwide Dairy, Inc. re #10 Affidavit of Service, #9 Affidavit of Service, Service on Defendant Lakeview Farms LLC (Lam, Nancy) |
| Filing 10 AFFIDAVIT of Service for Order issued 6-30-2021, Plaintiff's Preliminary Injunction Motion with Temporary Restraint, Summonses, Complaint Exhibits served on Zamanov on 6/30/2021, filed by Nationwide Dairy, Inc.. (Lam, Nancy) |
| Filing 9 AFFIDAVIT of Service for Order issued 6-30-2021, Plaintiff's Preliminary Injunction Motion with Temporary Restraint, Summonses, Complaint Exhibits served on Fresh Dairy, Inc on 7/1/2021, filed by Nationwide Dairy, Inc.. (Lam, Nancy) |
| Filing 8 NOTICE of Appearance by Jessica Vosgerchian on behalf of Lakeview Farms, LLC (aty to be noticed) (Vosgerchian, Jessica) |
| Filing 7 MOTION for Order to Show Cause , Emergency MOTION for Temporary Restraining Order by Nationwide Dairy, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Declaration of Good Faith, #4 Exhibit 1- Notice to Defendants, #5 Certificate of Service) (Lam, Nancy) |
| Filing 6 Summons Issued as to Fresh Dairy Inc., Lakeview Farms, LLC, Slam Zamanov. (Attachments: #1 Summons, #2 Sunnons) (Davis, Kimberly) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Ann M Donnelly 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. (Davis, Kimberly) |
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ORDER TO SHOW CAUSE: The defendants are directed to appear and show cause before this Court on July 7, 2021 at 3:00 p.m. in Courtroom 4G North as to why an order should not be entered granting the plaintiff the relief requested in its motion for a temporary restraining order #7 . The plaintiff is directed to serve the defendants with the complaint #1 , motion for a an order to show cause and a temporary restraining order with accompanying exhibits #7 , and this order, and file proof of service by July 2, 2021. Ordered by Judge Ann M. Donnelly on 6/30/2021. (Singer, Julie)
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| Filing 2 NOTICE of Appearance by Wing K. Chiu on behalf of Nationwide Dairy, Inc. (aty to be noticed) (Chiu, Wing) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14610878 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Nationwide Dairy, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Trademarks, #3 Exhibit B- Assignment of Trademarks and Applications, #4 Exhibit C- Exclusive Trademark License Agreement., #5 Exhibit D - Kefir Search results - Prime Foods Market Online Store, #6 Exhibit E - Kefir Search results - Storenearus Online Store, #7 Exhibit F - Sour Cream Search results - Store Near Us - Online Stores, #8 Exhibit G - Farmers Cheese Search results - Store Near Us - Online Stores, #9 Exhibit H - Cease and Desist Letter, #10 Proposed Summons Fresh Dairy Inc., #11 Proposed Summons Slam Zamanov, #12 Proposed Summons Lakeview Farms LLC, #13 ao120) (Lam, Nancy) |
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