Noco Company v. ABC Deals, Inc.
| Noco Company |
| ABC Deals, Inc. doing business as Electronicsclub |
| 1:2024cv01141 |
| February 14, 2024 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 38 NOTICE by Noco Company of Withdrawal of Hannah J. Kraus (Zulandt, Robert) |
| Filing 37 Letter : Joint Letter re. Discovery Plan pursuant to Scheduling Order dated March 13, 2024 by ABC Deals, Inc. (Attachments: #1 Exhibit A (Proposed Discovery Plan)) (Addady, Maya) |
ORDER: The joint motion for extension of time #36 is granted. Counsel are directed to complete the Case Management Worksheet and electronically file same with the Court no later than 4/11/2024. Ordered by Magistrate Judge Taryn A. Merkl on 4/10/2024. (ALG)
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| Filing 36 Joint MOTION for Extension of Time to File Case Management Worksheet by Noco Company. (Zulandt, Robert) |
| Filing 35 NOTICE of Appearance by Robert E Zulandt, III on behalf of Noco Company (notification declined or already on case) (Zulandt, Robert) |
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ORDER: The Motion of Robert E. Zulandt, III for Leave to Appear Pro Hac Vice #34 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 3/27/2024. (ALG) Modified on 3/27/2024 (ALG).
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| Filing 34 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17701917 by Noco Company. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Zulandt, Robert) |
| Filing 33 NOTICE of Appearance by Michael Davis Hoenig on behalf of Noco Company (aty to be noticed) (Hoenig, Michael) |
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Filing 32
SCHEDULING ORDER: A telephonic Initial Conference will be held on 4/16/2024 at 12:30 PM before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 4/8/2024. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case.In light of the venue transfer, Plaintiff's counsel are directed to file notices of appearance or motions to appear pro hac vice by 3/25/2024.Ordered by Magistrate Judge Taryn A. Merkl on 3/13/2024. (RC)
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| Filing 31 AMENDED ANSWER to #1 Complaint, pursuant to Court Order dated February 15, 2024 by ABC Deals, Inc.. (Addady, Maya) |
| Filing 30 NOTICE of Appearance by Maya Addady on behalf of ABC Deals, Inc. (aty to be noticed) (Addady, Maya) |
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ORDER: The Court notes that in its 10/21/2022 motion to transfer venue, Defendant also moved to dismiss under Rule 12(b)(6). By 3/7/2024, Defendant shall shall file an answer or otherwise respond to the complaint. The parties are respectfully reminded that any renewal of motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 2/15/2024. (ALG)
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| Filing 29 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (RC) |
| Filing 28 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 27 Case transferred in from District of Ohio Northern; Case Number 1:22-cv-01172. Original file certified copy of transfer order and docket sheet received. |
| The case of Noco Company v. ABC Deals, Inc., has been transferred from NORTHERN DISTRICT OF OHIO to the Eastern District of New York. The new case number is 24-cv-1141. 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. (KD) |
| Filing 26 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Memorandum Opinion and Order) (M,CE) [Transferred from Ohio Northern on 2/14/2024.] |
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Filing 25
Order of Transfer: For the reasons set forth in the contemporaneously filed Memorandum Opinion and Order, pursuant to 28 U.S.C. 1404(a), this action is transferred to the United States District Court for the Eastern District of New York and this case is closed. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 2/8/2024. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 24 Memorandum Opinion and Order: For the reasons stated herein, Defendant's Motion to Transfer Venue to the Eastern District of New York pursuant to 28 U.S.C. 1404(a) is GRANTED. Defendant's Motion to Dismiss (Doc. No. #7 ) is properly left for resolution by the transferee court. Accordingly, the Clerk is directed to transfer this action to the United States District Court for the Eastern District of New York. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 2/8/2024. (H,AR) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 23 Sur-Reply to Defendant's Reply to #7 Motion to change/transfer venue to Eastern District of New York Motion to dismiss for failure to state a claim filed by Noco Company. (Hartman, Derek) [Transferred from Ohio Northern on 2/14/2024.] |
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Order [non-document]: Plaintiff's motion for leave to file sur-reply is GRANTED. (Doc. No. #17 .) Plaintiff must file its sur-reply, limited to five pages, on or before 9/19/2023. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 9/12/2023. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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Order [non-document] granting the parties' joint motion to stay discovery. (Doc. No. #22 .) Judge Bridget Meehan Brennan on 1/27/2023. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 22 Joint Motion to stay discovery filed by Defendant ABC Deals, Inc. (Stern, Steven) Modified text on 1/26/2023 (M,CE). [Transferred from Ohio Northern on 2/14/2024.] |
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Order [non-document] denying as moot Plaintiff's motion for an extension of time to file reply in support of motion for leave to file sur-reply. (Doc. No. #20 .) Judge Bridget Meehan Brennan on 1/12/2023. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 21 Reply in support of #17 Motion for leave to File Sur-Reply filed by Noco Company. (Krasovec, Jay) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 20 Motion for extension of time until January 18, 2023 to to File Reply in Support of Motion for Leave to File Sur-Reply filed by Plaintiff Noco Company. Related document(s) #17 . (Attachments: #1 Proposed Order)(Krasovec, Jay) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 19 Attorney Appearance by Jay E. Krasovec filed by on behalf of Noco Company. (Krasovec, Jay) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 18 Opposition to #17 Motion for leave to File Sur-Reply filed by ABC Deals, Inc.. (Stern, Steven) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 17 Motion for leave to File Sur-Reply filed by Plaintiff Noco Company. Related document(s) #16 . (Attachments: #1 Exhibit 1 - Proposed Order)(Hartman, Derek) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 16 Reply in support of #7 Motion to change/transfer venue to Eastern District of New York Motion to dismiss for failure to state a claim filed by ABC Deals, Inc.. (Stern, Steven) [Transferred from Ohio Northern on 2/14/2024.] |
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Order [non-document] granting Defendant's unopposed motion for extension of time until December 12, 2022, to file reply to motion to transfer and motion to dismiss. (Doc. No. #15 .) Judge Bridget Meehan Brennan on 12/2/2022. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 15 Motion for extension of time until December 12, 2022 to file response/reply to #7 Motion to change/transfer venue to Eastern District of New York Motion to dismiss for failure to state a claim filed by Defendant ABC Deals, Inc.. Related document(s) #7 . (Attachments: #1 Proposed Order)(Stern, Steven) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 14 Opposition to #7 Motion to change/transfer venue to Eastern District of New York with memorandum in support filed by Noco Company. (Pinney, Jon) Modified text on 12/1/2022 (M,CE). [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 13 Opposition to #7 Motion to dismiss for failure to state a claim with memorandum in support filed by Noco Company. (Pinney, Jon) Modified text on 12/1/2022 (M,CE). [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 12 Answer to #1 Complaint filed by ABC Deals, Inc.. (Stern, Steven) [Transferred from Ohio Northern on 2/14/2024.] |
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Filing 11
Standing Order signed by Judge Bridget Meehan Brennan on 11/7/2022. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 10 Marginal Entry Order granting Plaintiff's unopposed motion for extension of time until November 21, 2022, to respond to Defendant's Motion to Transfer and Motion to Dismiss. (Doc. No. #9 .) Judge Bridget Meehan Brennan on 11/4/2022. (H,AR) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 9 Motion for extension of Time to Respond to Defendant's Motion to Transfer and Motion to Dismiss until November 21, 2022 filed by Plaintiff Noco Company. Related document(s) #8 , #7 . (Attachments: #1 Proposed Order)(Hartman, Derek) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 8 Supplement to #7 - Signed Declaration of C. Mertz in Support of Motion to Transfer Venue. Related document(s) #7 . (Stern, Steven) Modified, terminated motions on 10/21/2022 (M,CE). [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 7 Motion to change/transfer venue to Eastern District of New York, Motion to dismiss for failure to state a claim filed by Defendant ABC Deals, Inc.. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of C. Mertz)(Stern, Steven) Modified text on 10/21/2022 (M,CE). [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 6 Motion for attorney Steven Stern to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660141489, filed by Defendant ABC Deals, Inc. (Attachments: #1 Certificate of Good Standing, #2 Letter from Maria T. Fasulo, Clerk of the Court for the Appellate Division Supreme Court of the State of New York Second Judicial Department) (Mc,K) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 5 Motion for attorney Richard S. Schurin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660141488, filed by Defendant ABC Deals, Inc. (Attachments: #1 Certificate of Good Standing, #2 Letter from Maria T. Fasulo, Clerk of the Court for the Appellate Division Supreme Court of the State of New York Second Judicial Department) (Mc,K) [Transferred from Ohio Northern on 2/14/2024.] |
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Order [non-document] granting Attorney Steven Stern's motion for appearance pro hac vice. (Doc. No. #6 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 10/17/2022. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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Order [non-document] granting Attorney Richard S. Schurin's motion for appearance pro hac vice. (Doc. No. #5 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 10/17/2022. (H,AR) [Transferred from Ohio Northern on 2/14/2024.]
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| Filing 4 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Noco Company. (Kraus, Hannah) [Transferred from Ohio Northern on 2/14/2024.] |
| Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the #AO121 Copyright Report Form or #AO120 Patent and Trademark Report Form by 8/5/2022. (W,Na) [Transferred from Ohio Northern on 2/14/2024.] |
| Service by Clerk. Summons, Magistrate Consent Form and Complaint addressed to ABC Deals, Inc. d/b/a ElectronicsClub placed in U.S. Mail. Type of service: certified mail. Receipt # 7022 0410 0000 1978 0652. (H,Ch) [Transferred from Ohio Northern on 2/14/2024.] |
| Service by Clerk. Summons, Magistrate Consent Form and Complaint addressed to ABC Deals, Inc. d/b/a ElectronicsClub C/O Statutory Agent placed in U.S. Mail. Type of service: certified mail. Receipt # 7022 0410 0000 1978 0645. (H,Ch) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon ABC Deals, Inc. (being served at two addresses). (Attachments: #1 Magistrate Consent Form). (H,Ch) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 2 Corporate Disclosure Statement filed by Noco Company. (Pinney, Jon) [Transferred from Ohio Northern on 2/14/2024.] |
| Filing 1 Complaint with jury demand against ABC Deals, Inc.. Filing fee paid $ 402, Receipt number AOHNDC-11500819. Filed by Noco Company. (Attachments: #1 Exhibit 1 - Reseller Agreement, #2 Exhibit 2 - Defendant's storefront on www.Walmart.com, #3 Exhibit 3 - April 8, 2022 Cease & Desist Letter, #4 Exhibit 4 - Screen captures of reviews of Defendant, #5 Civil Cover Sheet, #6 Summons, #7 Summons) (Pinney, Jon) [Transferred from Ohio Northern on 2/14/2024.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (H,Ch) [Transferred from Ohio Northern on 2/14/2024.] |
| Judge Bridget Meehan Brennan assigned to case. (H,Ch) [Transferred from Ohio Northern on 2/14/2024.] |
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