BTL Industries, Inc. v. Beauty Queen by Irina, Inc et al
| BTL Industries, Inc. |
| Beauty Queen by Irina, Inc doing business as Body Spa By Irina and Irina Khaimov |
| 1:2023cv04360 |
| June 13, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 14 ANSWER to #1 Complaint, by Beauty Queen by Irina, Inc, Irina Khaimov. (Rosen, Gene) |
ORDER granting #13 Motion for Extension of Time to File Answer #13 : The request to extend the deadline to file an answer is granted. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that there is "good cause" as to why Defendants should be permitted to respond to the Complaint after the deadline has elapsed. See Fed. R. Civ. P. 55(c); see also Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, Defendants have shown that (1) the default was not willful and (2) Plaintiff would not be prejudiced, as Plaintiff has consented to the extension. Even though Defendants do not expound upon their defenses, in light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants' deadline to answer or otherwise respond to the Complaint is extended to 08/10/2023. So Ordered by Magistrate Judge Marcia M. Henry on 08/01/2023. (JD)
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| Filing 13 MOTION for Extension of Time to File Answer by Beauty Queen by Irina, Inc, Irina Khaimov. (Rosen, Gene) |
| Filing 12 Corporate Disclosure Statement by Beauty Queen by Irina, Inc, Irina Khaimov (Rosen, Gene) |
| Filing 11 NOTICE of Appearance by Gene W. Rosen on behalf of Beauty Queen by Irina, Inc, Irina Khaimov (aty to be noticed) (Rosen, Gene) |
| Filing 10 SUMMONS Returned Executed by BTL Industries, Inc.. Irina Khaimov served on 7/6/2023, answer due 7/27/2023. (Chinta, Padmaja) |
| Filing 9 SUMMONS Returned Executed by BTL Industries, Inc.. Beauty Queen by Irina, Inc served on 6/26/2023, answer due 7/17/2023. (Chinta, Padmaja) |
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Filing 8
SCHEDULING ORDER: An in-person initial conference will be held on 09/20/2023 10:00AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/13/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 06/28/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC)
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| Filing 7 Amended Civil Cover Sheet.. Re #1 Complaint, by BTL Industries, Inc. (Chinta, Padmaja) Modified on 6/14/2023 (IH). |
| Filing 6 EXHIBIT 1 to Complaint by BTL Industries, Inc.. Related document: #1 Complaint, filed by BTL Industries, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6) (Chinta, Padmaja) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (RC) |
| Filing 4 Summons Issued as to Beauty Queen by Irina, Inc, Irina Khaimov. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16792959 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by BTL Industries, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Chinta, Padmaja) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Marcia M. Henry. 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. (KD) |
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