NuWave, LLC v. Sound Around, Inc.
| NuWave, LLC |
| Sound Around, Inc. |
| 1:2022cv05663 |
| September 22, 2022 |
| U.S. District Court for the Eastern District of New York |
| Margo K Brodie |
| Dora Lizette Irizarry |
| Vera M Scanlon |
| Patent |
| 15 U.S.C. § 1121 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE by NuWave, LLC of Compliance with Court's November 7, 2022 Order (Attachments: #1 Exhibit A, #2 Exhibit B) (Lee, Nicholas) |
SCHEDULING ORDER: A Telephone Conference is set for 12/20/2022 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The parties should expect to discuss Plaintiff's #18 request for a Certificate of Default. Plaintiff seeks monetary and injunctive relief based on alleged patent infringement, trade dress infringement, violation of the New York Deceptive Practices Act and unfair competition under New York law. Plaintiff has represented that it has served Defendant with the complaint, which is the document that states Plaintiff's claims against Defendant. See #1 . Because Defendant has not responded to this lawsuit by answering the complaint or moving to dismiss it and Plaintiff has requested a Certificate of Default, the Court may award damages against Defendant and in favor of Plaintiff for thousands of dollars, for which Defendant would be liable. If Defendant does not participate in the lawsuit now, it would likely waive its rights to raise any factual or legal defenses that it may have to Plaintiff's claims. Although Defendant has not appeared in this case, it may appear through counsel at the conference. By 11/14/2022, Plaintiff must file on ECF proof of service of this Order upon Defendant at Defendants place of business (not the Secretary of State). The Court mailed a copy of the docket and this Order to Sound Around Inc., 1600 63rd Street, Brooklyn, NY 11204, and to Sound Around Inc., 2361 Nostrand Avenue, Brooklyn, NY 11210. c/m. Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2022. (GS)
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| Filing 18 Request for Certificate of Default by NuWave, LLC (Attachments: #1 Affirmation of NSL In Support of Request for Certificate of Default, #2 Proposed Order) (Lee, Nicholas) |
| Filing 17 SUMMONS Returned Executed by NuWave, LLC. Sound Around, Inc. served on 10/6/2022, answer due 10/27/2022. (Bishop, Edward) |
| Filing 16 NOTICE of Appearance by Benjamin Adam Campbell on behalf of NuWave, LLC (aty to be noticed) (Campbell, Benjamin) |
| Filing 15 NOTICE of Appearance by Nicholas Lee on behalf of NuWave, LLC (aty to be noticed) (Lee, Nicholas) |
| Filing 14 NOTICE of Appearance by Edward L. Bishop on behalf of NuWave, LLC (aty to be noticed) (Bishop, Edward) |
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ORDER granting #13 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. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2022. (Scully, Nicole)
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ORDER granting #12 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. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2022. (Scully, Nicole)
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ORDER granting #11 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. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2022. (Scully, Nicole)
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| Filing 13 Notice of MOTION to Appear Pro Hac Vice of Benjamin A. Campbell Filing fee $ 150, receipt number ANYEDC-15979691. by NuWave, LLC. (Attachments: #1 Affidavit in Support Pro Hac Vice, #2 Admission Information Certificate of Admission) (Donohue, David) |
| Filing 12 Notice of MOTION to Appear Pro Hac Vice of Nicholas S. Lee Filing fee $ 150, receipt number ANYEDC-15979663. by NuWave, LLC. (Attachments: #1 Affidavit in Support Pro Hac Vice, #2 Admission Information Certificate of Admission) (Donohue, David) |
| Filing 11 Notice of MOTION to Appear Pro Hac Vice of Edward L. Bishop Filing fee $ 150, receipt number ANYEDC-15979631. by NuWave, LLC. (Attachments: #1 Affidavit in Support Pro Hac Vice) (Donohue, David). (Additional attachment(s) added on 9/27/2022: #2 Certificate of Admission). (Layne, Monique). Modified on 9/27/2022 per phone request by atty. (Layne, Monique). |
| Filing 10 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint, #2 patent registration) (Rocco, Christine) |
| Filing 9 AFFIDAVIT/AFFIRMATION of Benjamin A. Campbell by NuWave, LLC (Attachments: #1 Affidavit in Support Pro Hac Vice, #2 Exhibit Certificate of Admission) (Donohue, David) |
| Filing 8 AFFIDAVIT/AFFIRMATION of Nicholas S. Lee by NuWave, LLC (Attachments: #1 Affidavit in Support Pro Hac Vice, #2 Exhibit Certificate of Admission) (Donohue, David) |
| Filing 7 AFFIDAVIT/AFFIRMATION of Edward L. Bishop by NuWave, LLC (Attachments: #1 Affidavit in Support Pro Hac Vice, #2 Exhibit Certificate of Admission) (Donohue, David) |
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ORDER REASSIGNING CASE. Case reassigned to Chief Judge Margo K. Brodie for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to 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. Ordered by Chief Judge Margo K. Brodie on 9/26/2022. (Bowens, Priscilla)
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Filing 6
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 1/24/2023 at 10:30 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 1/10/2023. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff(s) must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 9/23/2022. (Scully, Nicole)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to Sound Around, Inc.. (Bowens, Priscilla) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by NuWave,LLC (Attachments: #1 Civil Cover Sheet) (Donohue, David) |
| Filing 1 COMPLAINT against Sound Around, Inc. filing fee $ 402, receipt number ANYEDC-15966156 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by NuWave,LLC. (Attachments: #1 Exhibit Design Patent) (Donohue, David) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. 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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| Plaintiff: NuWave, LLC | |
| Represented By: | David Christopher Donohue |
| Represented By: | Edward L. Bishop |
| Represented By: | Benjamin Adam Campbell |
| Represented By: | Nicholas Lee |
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| Defendant: Sound Around, Inc. | |
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