George & Company LLC v. Target Corp. et al
| George & Company LLC |
| Target Corp. and Target Brands, Inc. |
| 1:2021cv04254 |
| July 29, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Diane Gujarati |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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Filing 50
ORDER: The Court has received only one protective order submission--from Plaintiff. The Court adopts and so-orders the proposed protective order. To the extent that any portion of the protective order is inconsistent with this Court's procedures for sealing or limiting the distribution of documents or the standards governing the ability of this Court to permit the sealing or distribution of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/21/2021. (Morrow, Emily)
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| Filing 49 Letter by George & Company LLC (Attachments: #1 Proposed Order Protective Order, clean, #2 Proposed Order Protective Order, redlined) (Urbanczyk, Adam) |
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SCHEDULING ORDER: The Courts adopts the parties' proposed rule 26(f) report #48 with the exception of the proposed settlement conference date. Deadlines set based on parties' submitted joint rule 26(f) report and are as follow: Completion of all discovery by 6/1/2022; Completion of experts discovery by 9/1/2022 the last date to take the first step in dispositive motion practice shall be 10/1/2022. A settlement conference will be held on 12/20/2021 at 10:30 A.M. via video before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chamber's email no later than three days before 12/20/2021. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website.So Ordered by Magistrate Judge Sanket J. Bulsara on 9/20/2021. (Manson, Eddie)
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ORDER: Upon review of the parties' joint letter #47 , the Court declines to consolidate this case with other cases pending in this District. To the extent the parties wish to use the discovery from other cases in this matter, they may execute a stipulation to reflect such agreement. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/16/2021. (Morrow, Emily)
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| Filing 48 REPORT of Rule 26(f) Planning Meeting (Urbanczyk, Adam) |
| Filing 47 Letter JOINT re: consolidation by George & Company LLC (Urbanczyk, Adam) |
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Minute Entry And Order for proceeding before Magistrate Judge Sanket J. Bulsara: An telephonic-initial conference was held on 9/10/2021; all parties were present. As discussed on the record the parties shall file a re-vised propose rule 26(f) report by 9/17/2021, and advise the court on how they wish to proceed on the pending motions. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2021. (AT&T Log #2:07-2:27.) (Manson, Eddie)
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| Filing 46 REPORT of Rule 26(f) Planning Meeting (Urbanczyk, Adam) |
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ORDER: George &. Co. has several ongoing trademark litigation cases in this District, including Nos. 19-CV-4391, 19-CV-4883, and 21-CV-4254. The parties in each of these cases are directed to indicate whether the newest case - No. 21-CV-4254 - is related to and should be consolidated with Nos. 19-CV-4391 and 19-CV-4883. The parties should each file a letter no longer than three (3) pages by 9/13/2021. The parties should address the extent to which discovery overlaps in the cases, and whether the cases should be placed on the same discovery schedule. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/30/2021. (Farrell, Gillian)
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| Filing 45 NOTICE of Appearance by Joshua Reuben Brown on behalf of Target Brands, Inc., Target Corp. (notification declined or already on case) (Brown, Joshua) |
| Filing 44 STATUS REPORT - Joint by Target Brands, Inc., Target Corp. (MacLean, Justin) |
| Filing 43 NOTICE of Appearance by Justin Albano MacLean on behalf of Target Brands, Inc., Target Corp. (aty to be noticed) (MacLean, Justin) |
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ORDER: The Motion of Adam E. Urbanczyk for Leave to Appear Pro Hac Vice #42 is granted. 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 that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/12/2021. (Farrell, Gillian)
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ORDER: The Motion of Joshua R. Brown for Leave to Appear Pro Hac Vice #41 is granted. 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 that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/12/2021. (Farrell, Gillian)
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| Filing 42 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14743349. by George & Company LLC. (Attachments: #1 Affidavit of Adam E. Urbanczyk, #2 Exhibit Certificate of Good Standing, IL, MI, and D.C., #3 Proposed Order) (Urbanczyk, Adam) |
| Filing 41 MOTION to Appear Pro Hac Vice of Joshua R. Brown Filing fee $ 150, receipt number ANYEDC-14741729. by Target Brands, Inc., Target Corp.. (Attachments: #1 Declaration of Joshua R. Brown in Support of Motion, #2 Exhibit Certificate of Good Standing from Florida, #3 Proposed Order Granting Admission Pro Hac Vice) (Brown, Joshua) |
| Filing 40 NOTICE of Appearance by Jeff E. Scott on behalf of Target Brands, Inc., Target Corp. (notification declined or already on case) (Scott, Jeff) |
| Filing 39 NOTICE of Appearance by David Marenberg on behalf of Target Brands, Inc., Target Corp. (notification declined or already on case) (Marenberg, David) |
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ORDER: The Motion of David H. Marenberg for Leave to Appear Pro Hac Vice #37 is granted. 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 that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/10/2021. (Farrell, Gillian)
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ORDER: The Motion of Jeff E. Scott for Leave to Appear Pro Hac Vice #38 is granted. 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 that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/10/2021. (Farrell, Gillian)
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| Filing 38 MOTION to Appear Pro Hac Vice Jeff E. Scott Filing fee $ 150, receipt number ANYEDC-14735354. by Target Brands, Inc., Target Corp.. (Attachments: #1 Declaration in support of Motion To Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing from California, #3 Proposed Order Granting Admission Pro Hac Vice) (Scott, Jeff) |
| Filing 37 MOTION to Appear Pro Hac Vice David Marenberg Filing fee $ 150, receipt number ANYEDC-14734600. by Target Brands, Inc., Target Corp.. (Attachments: #1 Declaration of David Marenberg in Support of Motion, #2 Exhibit A - Certificate of Good Standing From California, #3 Proposed Order Granting Admission Pro Hac Vice) (Marenberg, David) |
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STATUS REPORT ORDER -- In light of this case's recent transfer, the parties are directed to confer and submit a joint status report to the Court by August 16, 2021, not to exceed three, single-spaced pages. Ordered by Judge Diane Gujarati on 8/3/2021. (Almonte, Kelly)
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Filing 36
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 9/10/2021 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two days before 9/10/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/2/2021. (Manson, Eddie)
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| Filing 35 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 34 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 33 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-06219. Original file certified copy of transfer order and docket sheet received. |
| Filing 32 TRANSFERRED to the USDC Eastern District of New York the electronic record. (jn, ) [Transferred from Illinois Northern on 7/29/2021.] |
| The case of George & Company LLC v. Target Corp. et al, has been transferred from Northern District of Illinois to the Eastern District of New York. The new case number is 21cv4254. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Filing 31 MEMORANDUM Opinion. The Court grants Target's motion to transfer venue. The Clerk is ordered to transfer this action to the United States District Court for the Eastern District of New York. It is so ordered Signed by the Honorable Charles P. Kocoras on 7/14/2021. Civil case terminated. Mailed notice(vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 30 ATTORNEY Appearance for Defendant Target Corp. by Barry Ryan Horwitz (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 29 REPLY by Target Corp. to response in opposition to motion #28 (Brown, Joshua) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 28 RESPONSE by George & Company LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Target Corp. #25 (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 27 REPLY by Target Corp. to response in opposition to motion #24 (Attachments: #1 Exhibit A, #2 Exhibit B)(Brown, Joshua) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 26 MINUTE entry before the Honorable Charles P. Kocoras: Defendant Target Corporation's motion to dismiss #25 is entered and briefed as follows: Response is due by 2/10/2021; Reply is due by 2/17/2021. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Target Corp. (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 24 RESPONSE by George & Company LLCin Opposition to MOTION by Defendants Target Brands, Inc., Target Corp. to transfer case to the Eastern District of New York. #17 (Attachments: #1 Errata Unreported Opinions)(Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 23 First AMENDED complaint by George & Company LLC against Target Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 22 MINUTE entry before the Honorable Charles P. Kocoras: Motion to transfer venue #17 and motion to dismiss #18 are entered and briefed as follows: Response is due by 1/11/2021; Reply is due by 1/25/2021. Court will rule by mail. In light of said briefing schedule, status hearing set for 12/17/2020 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 21 MINUTE entry before the Honorable Charles P. Kocoras: Pursuant to Notice of Voluntary Dismissal filed on 12/4/2020 #16 , this action is dismissed without prejudice against defendant Target Brands, Inc. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Target Brands, Inc., Target Corp. (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 19 Request for Judicial Notice in Support of Rule 12(b)(6) Motion to Dismiss by Target Brands, Inc., Target Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Target Brands, Inc., Target Corp. (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 17 MOTION by Defendants Target Brands, Inc., Target Corp. to transfer case to the Eastern District of New York. (Attachments: #1 Declaration of Bridget Kenney)(Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 16 NOTICE of Voluntary Dismissal by George & Company LLC as to Target Brands, Inc. (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 15 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #14 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17648463. (Brown, Joshua) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 13 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #12 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17638907. (Ho, Valerie) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 11 MINUTE entry before the Honorable Charles P. Kocoras: Defendant's unopposed motion for an extension of time to answer Plaintiff's complaint on or by 12/11/2020 #10 is granted. Telephonic status hearing set for 12/17/2020 at 10:20 AM. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Thank you for your cooperation. Mailed notice (vcf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 10 MOTION by Defendants Target Brands, Inc., Target Corp. for extension of time to file answer regarding complaint #1 Defendants' Unopposed Motion for an Extension of Time to Answer Plaintiff's Complaint on or by December 11, 2020 (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 9 ATTORNEY Appearance for Defendants Target Brands, Inc., Target Corp. by Barry Ryan Horwitz (Horwitz, Barry) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 8 CERTIFICATE of Service by Adam Edward Urbanczyk on behalf of George & Company LLC regarding lanham notification #5 (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 7 SUMMONS Returned Executed by George & Company LLC as to Target Brands, Inc. on 10/21/2020, answer due 11/12/2020. (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 6 SUMMONS Returned Executed by George & Company LLC as to Target Corp. on 10/21/2020, answer due 11/12/2020. (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 5 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (nsf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 4 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 3 ATTORNEY Appearance for Plaintiff George & Company LLC by Adam Edward Urbanczyk (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 2 CIVIL Cover Sheet (Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| Filing 1 COMPLAINT filed by George & Company LLC; Filing fee $ 400, receipt number 0752-17560821. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Urbanczyk, Adam) [Transferred from Illinois Northern on 7/29/2021.] |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (sxh, ) [Transferred from Illinois Northern on 7/29/2021.] |
| SUMMONS Issued as to Defendants Target Brands, Inc., Target Corp. (mp, ) [Transferred from Illinois Northern on 7/29/2021.] |
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