S & L Vitamins, Inc. v. Australian Gold, Inc. Featured Case

Plaintiff S & L Vitamins, Inc. seeks a declaratory judgment of non-infringement of trademark rights and non-interference with contract and for unfair competition. Plaintiff sells tanning products on its website SuppleNet.com that are manufactured by defendant Australian Gold, Inc.

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Plaintiff: S & L Vitamins, Inc.
Defendant: Australian Gold, Inc.
Counter Claimant: Australian Gold, Inc.
Counter Defendant: S & L Vitamins, Inc.
ThirdParty Plaintiff: Australian Gold, Inc.
ThirdParty Defendant: John Does 1-10 and Larry Sagarin
Case Number: 2:2005cv01217
Filed: March 4, 2005
Court: U.S. District Court for the Eastern District of New York
Office: Central Islip Office
County: Suffolk
Presiding Judge: Michael L. Orenstein
Presiding Judge: Joanna Seybert
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement
Jury Demanded By: None
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The following documents for this case are available for you to view or download:

Date Filed Document Text
January 12, 2009 Opinion or Order Filing 158 ORDER granting 143 Motion in Limine. Ordered by Judge Joanna Seybert on 1/12/2009. c/m by ecf and by first class mail. (Mahon, Cinthia) Modified on 1/15/2009 (Mahon, Cinthia).
September 30, 2007 Opinion or Order Filing 119
ORDER granting in part and denying in part the 100 Motion for Summary Judgment and granting in part and denying in part the 102 Motion for Partial Summary Judgment. Having previously determined that the claims for which S&L requests a declaratory judgment involve disputed material issues of fact, the court DENIES S&L's request for a declaratory judgment. (See order for additional details). Ordered by Judge Joanna Seybert on 9/30/07. c/m by ecf (Mahon, Cinthia)
September 6, 2007 Opinion or Order Filing 118
ORDER re 117 Letter, filed by Australian Gold, Inc. Status Conference set for 11/7/2007 10:30 AM before Magistrate-Judge Michael L. Orenstein. Ordered by Judge Michael L. Orenstein on 9/6/07. (Imrie, Robert)
September 5, 2007 Filing 117
Letter to the Honorable Michael L. Orenstein, Australian Gold respecfully requests that the Court adjourn the upcoming September 11, 2007 status conference. We have conferred with counsel for S&L Vitamins who has advised that his client consents to this adjournment. This is the parties' first request for an adjournment. by Australian Gold, Inc. (Earley, Francis)
August 2, 2007 Filing 115
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 8/2/2007 Status Conference set for 9/11/2007 11:30 AM before Magistrate-Judge Michael L. Orenstein. Motion to reopen discovery at this late statge while defendant's motion for summary judgment is pending is denied without prejudice to a renewal by defendant after the determination is made on the summary judgment motion. (Imrie, Robert)
August 1, 2007 Filing 114
Letter Opposing Additional Discovery by S & L Vitamins, Inc., Larry Sagarin (Coleman, Ronald)
July 31, 2007 Filing 113
Re Doc #112: You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. Clearly marked hard copy-courtesy documents should be submitted to Chambers. Courtesy copies should also indicate that the original of the submitted document has already been electronically filed. (Imrie, Robert)
June 21, 2007 Opinion or Order Filing 110
ORDER: the confernece scheduled for 8/3/07 is adjourned. Status Conference set for 8/2/2007 11:00 AM before Magistrate-Judge Michael L. Orenstein. Ordered by Judge Michael L. Orenstein on 6/21/07. (Imrie, Robert)
May 31, 2007 Opinion or Order Filing 109
ORDER re 108 Letter filed by Australian Gold, Inc.: Conference adjourned to 8/3/07 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 5/31/07. (Imrie, Robert)
May 30, 2007 Filing 108
Letter to Honorable Michael L. Orenstein by Australian Gold, Inc. (Earley, Francis)
March 19, 2007 Filing 107
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/19/2007 Status Conference set for 6/1/2007 02:30 AM before Chief Magistrate Michael L. Orenstein. Dispositive motion remains pending. Conference adjourned to above date. (Imrie, Robert)
January 3, 2007 Filing 106
MEMORANDUM in Opposition re 100 MOTION for Summary Judgment - Australian Gold's Memorandum of Law In Opposition to S&L Vitamins' Motion for Summary Judgment by Australian Gold, Inc.. (Earley, Francis)
December 14, 2006 Opinion or Order Filing 104
ORDER re 103 Letter, filed by Australian Gold, Inc.: Conference adjourned to 3/19/07 at 11:00 a.m. Ordered by Judge Michael L. Orenstein on 12/14/06. (Imrie, Robert)
December 12, 2006 Filing 103
Letter to Honorable Michael L. Orenstein requesting an adjournment of the 12/21/06 status conference by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
December 11, 2006 Filing 102
MOTION for Partial Summary Judgment Australian Gold's Brief In Support of Motion for Partial Summary Judgment by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) Modified on 10/5/2007 (Mahon, Cinthia).
December 4, 2006 Opinion or Order Filing 99
ORDER Re: 97 Stipulation of Final Judgment & Permanent Injunction as to Third-Party Dfts, Yucatan, Inc. and Danny Sheehan, filed by Australian Gold, Inc. So Ordered by Judge Joanna Seybert on 12/4/06. C/ECF(Valle, Christine)
December 1, 2006 Filing 98
MOTION for Extension of Time to File Summary Judgment Briefs (Letter to Judge Joanna Seybert) by Australian Gold, Inc.. (Matthews, Scott)
November 9, 2006 Opinion or Order Filing 97
STIPULATION Final Judgment and Permanent Injunction as to Third-Party Defendants Yucatan, Inc. and Danny Sheehan by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
October 30, 2006 Filing 96
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/30/2006. Status Conference set for 12/21/2006 03:00 PM before Chief Magistrate Michael L. Orenstein. If all papers have been filed Court will adjourn conference upon written (ECF) request. (Imrie, Robert)
October 23, 2006 Filing 94
NOTICE of Hearing: Pre-Motion Conference set for 10/30/2006 at 3:00pm in Courtroom 1030 before Judge Joanna Seybert. This conference will precede the one previously scheduled by Magistrate Judge Michael Orenstein for 4:00pm.(Baran, Charles)
October 12, 2006 Opinion or Order Filing 93
ORDER re 91 Letter filed by S & L Vitamins, Inc., Larry Sagarin: Conference adjourned to 10/30/06 at 4:00 p.m. However, this court will adjourn conference to the date that a pre-motion conference is scheduled upon written request. Ordered by Judge Michael L. Orenstein on 10/12/06. (Imrie, Robert)
October 11, 2006 Filing 91
Letter Requesting Adjournment of Status Conference by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald)
September 6, 2006 Filing 83
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 9/6/2006. Status Conference set for 10/13/2006 11:30 AM before Chief Magistrate Michael L. Orenstein. If parties have moved to schedule pre-motion conference Court will adjourn next conference or written (ECF) request. Defendant / third party plaintiff has reached a settlement in principal with the third party defendant. Defendant will serve its responsive 56.1 statement and its 56.1 statement by 9/28/06 and plaintiff will serve its responsive 56.1 statement within 7 days thereafter. Parties will then seek a pre-motion conference. (Imrie, Robert)
July 18, 2006 Filing 82
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 7/18/2006. Status Conference set for 9/6/2006 03:30 PM before Chief Magistrate Michael L. Orenstein. All discovery is complete. All parties represent they will seek a pre-motion conference as a prelude for summary judgment. Third party defendant, needs no discovery, and will serve and file a pleading within 30 days. if parties have moved to schedule pre-motion conference then Court will adjourn next conference on written (ECF) notice. (Imrie, Robert)
July 12, 2006 Filing 81
Letter to Magistrate Judge Michael L. Orenstein by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
May 16, 2006 Filing 80
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 5/16/2006. Status Conference set for 7/18/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Parties discussing settlement. All parties agree to stay hostilities for 60 days. New party, Yucatan's time to plead is extended for 60 days upon consent. (Imrie, Robert)
May 9, 2006 Opinion or Order Filing 79
ORDER re 78 Letter filed by S & L Vitamins, Inc.: Letter motion dated 4/25/06 is deemed withdrawn. Ordered by Judge Michael L. Orenstein on 5/9/06. (Imrie, Robert)
April 28, 2006 Filing 78
Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David)
April 26, 2006 Filing 75
Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David)
April 19, 2006 Opinion or Order Filing 74
ORDER: The plaintiff moves by letter application for a protective order striking a subpoena dated 3/30/06 based upon violation of the scheduling order entered by the Court on 7/25/05, Coleman Letter, dated 4/4/06. For the reasons set forth in this Order the subpoena is vacated, defendants shall return all documents to the subpoenaed non-party and file a certificate of counsel that it destroyed all photostats or computer scanned entries or computer entries from the material obtained. Ordered by Judge Michael L. Orenstein on 4/19/06. (Imrie, Robert)
April 7, 2006 Filing 72
ANSWER to Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin.(Stein, David)
April 6, 2006 Filing 70
Letter to Magistrate Judge Orenstein in response to S&L Vitamins' 4/4/06 letter (Docket No. 69) by Australian Gold, Inc.. (Matthews, Scott)
April 4, 2006 Filing 69
Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David)
March 31, 2006 Filing 73
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/31/2006. Status Conference set for 5/16/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Court strongly suggested that parties (all) resolve this case before the next conference. Defendant shall provide the contract with 3rd party defendant and bring it up to speed with regard to the prior discovery and addition as a party to the protective order. (Imrie, Robert)
March 30, 2006 Opinion or Order Filing 68
MEMORANDUM AND ORDER - For the reasons explained herein, the Court GRANTS in part S&L's 26 Motion to Dismiss. AG's claims pursuant to New York General Business Law Sections 349, 350 are DISMISSED. S&L's motion is DENIED in all other respects. Ordered by JudgeJoanna Seybert on 3/30/06. C/ECF (Valle, Christine)
January 31, 2006 Opinion or Order Filing 65
ORDER: the deft/counterclaimant and third party plaintiff moves for an order granting it the right to release the identity of an added third party defendant. Early Letter, dated 1/4/06. The planitff opposes the motion, Coleman Letter, dated 1/6/06. This Court holds that if the added third party defendant is an authorized distributor or subdistributor of defendant / third party plaintiff, then it may release the identity and use the information without restriction. If the added party is not an authorized distributor or subdistributor, this Court wll hear oral argument on 3/31/06 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 1/31/06. (Imrie, Robert)
January 6, 2006 Filing 61
Letter by S & L Vitamins, Inc., Larry Sagarin. (Stein, David)
January 5, 2006 Filing 60
NOTICE of Change of Firm Name and Address by Scott D Matthews Notice of Change of Firm Form and Name (Matthews, Scott)
December 20, 2005 Filing 59
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 12/20/2005, Status Conference set for 3/31/2006 10:30 AM before Chief Magistrate Michael L. Orenstein. Court extended time to serve and file an amended third-party complaint adding third-party defts to 2/15/06 except that the non-party who served a response to the Rule 45 subpoena shall be joined by 1/19/06. Scheduling Order remains intact otherwise. (Imrie, Robert)
December 14, 2005 Opinion or Order Filing 58
ORDER re 57 Letter: Conference adjourned and rescheduled to 12/20/05 at 4:00 p.m. Ordered by Judge Michael L. Orenstein on 12/14/05. (Imrie, Robert)
December 13, 2005 Filing 57
Letter from Francis J. Earley, Esq to Honorable Michael L. Orenstein Regarding rescheduling 12/23/05 conference. (Earley, Francis)
December 8, 2005 Filing 56
MEMORANDUM in Support re 53 MOTION to Compel Production of Documents by non-parties by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
December 1, 2005 Opinion or Order Filing 52
ORDER: that the attorney's for the respective parties are directed to appear before the undersigned for a conference to discuss the course of discovery and defendant's application for an extention of time to join and indentify additional third party defendants. Such in person conference shall be held on 12/23/05 at 11:30 a.m. Counsel shall produce the President's of their respective clients. Ordered by Judge Michael L. Orenstein on 12/1/05. (Imrie, Robert)
November 30, 2005 Filing 51
MOTION for Extension of Time to Amend 39 Amended Answer to Complaint,,, Third Party Complaint,,, Counterclaim,, to Extend Time to Join Additional Parties and Amend the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
November 23, 2005 Filing 47
Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding response to Plaintiff's Letter dated November 21, 2005. (Earley, Francis)
November 21, 2005 Opinion or Order Filing 49
ORDER granting 42 Motion to Compel, there being no opposition. The non-party tanning entity is directed to provide to the defendant the documents subpoenaed by 12/9/05. The Court denies the application for attorney's fees and costs. The deft is directed to servea copy of the order upon the non-party tanning entity by 11/28/05. Ordered by JudgeMichael L. Orenstein on 11/21/05. (Imrie, Robert)
November 18, 2005 Filing 45
Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding Docket #42 - Motion to Compel Production of Documents by Non-Party Witness. (Earley, Francis)
November 4, 2005 Filing 44
MEMORANDUM in Support re 42 MOTION to Compel Production of Documents by Non-Party Witness by Australian Gold, Inc. (Earley, Francis) (Unredacted version filed under seal) Modified on 11/7/2005 (Valle, Christine).
October 20, 2005 Filing 40
Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/20/2005. Discovery due by 3/31/2006. Pretrial Conference set for 4/14/2006 10:00 AM before Chief Magistrate Michael L. Orenstein. Court encouraged counsel to go back to clients and recommend they reach a settlement. (Imrie, Robert)
September 8, 2005 Opinion or Order Filing 38
ORDER re: 32 Motion to Amend/Correct is GRANTED. Australian Gold shall file its Amended Answer within 10 days of the date of this Order. Ordered by Judge Joanna Seybert on 9/8/2005. (c/ECF - counsel directed to notify all parties of this Order) (Nohs, Bonnie)
September 1, 2005 Filing 37
MEMORANDUM in Opposition re 26 First MOTION to Dismiss and for Judgment on the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
August 30, 2005 Filing 36
RESPONSE to Motion re 32 Notice of MOTION to Amend/Correct 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, filed by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, S & L Vitamins, Inc.. (Stein, David)
August 24, 2005 Opinion or Order Filing 35
ORDER re 31 Letter: Court is pleased that the plaintiffs have provided the required disclosure. Nevertheless, to commence a DJ application without providing the adversary with required information is contrary to plaintiffs new spirit of cooperation. Ordered by Judge Michael L. Orenstein on 8/24/05. (Imrie, Robert)
August 23, 2005 Filing 31
Letter from Coleman Law Firm to Hon. Michael L. Orenstein, USMJ Regarding Defendant's correspondence concerning disclosures. (Coleman, Ronald)
August 22, 2005 Filing 29
Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding S & L Vitamins failure to comply with the Court Order to provide the names of its suppliers; and therefore, we request that the Court dismiss S & L Vitamins complaint and enter an injunction barring S & L Vitamins from selling Australian Gold products on the internet. (Earley, Francis)
August 18, 2005 Filing 28
ANSWER to Counterclaim and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc..(Coleman, Ronald)
August 11, 2005 Opinion or Order Filing 25
PROTECTIVE ORDER. Ordered by Judge Michael L. Orenstein on 8/11/05. (Imrie, Robert)
August 10, 2005 Filing 24
STIPULATION Stipulated Protective Order by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
August 1, 2005 Filing 30
AFFIDAVIT of Service Re: 17 & 18 Orders, dated 7/18/05 granting Pro Hac Vice admissions served upon Ronald D. Coleman on 7/28/05, filed by Australian Gold, Inc. (Valle, Christine)
July 25, 2005 Opinion or Order Filing 20
SCHEDULING ORDER: Status Conference set for 10/20/2005 11:30 AM before Chief Magistrate Michael L. Orenstein. Amended Pleadings due by 11/30/2005. Discovery due by 3/31/2006 (fact) 6/30/06 (expert). Joinder of Parties due by 11/30/2005. Motions due by 8/1/2006. Ordered by Judge Michael L. Orenstein on 7/25/05. (Imrie, Robert)
July 18, 2005 Opinion or Order Filing 18
ORDER granting 13 Motion for Scott D. Matthews Leave to Appear Pro Hac Vice on behalf of deft Australian Gold for all purposes in this action. Ordered by JudgeMichael L. Orenstein on 7/18/05.(Imrie, Robert)
July 14, 2005 Filing 16
Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding updated Certificates of Good Standing for Michael Wukmer and Scott Matthews. (Earley, Francis)
July 11, 2005 Filing 15
STIPULATION re 11 First MOTION to Dismiss Counterclaims and Third Party Complaint Extending Counterclaim Plaintiff/Third Party Plaintiff's time to oppose by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis)
July 7, 2005 Filing 14
PROPOSED Order admitting Michael Wukmer and Scott Matthews by Australian Gold, Inc. Re: 13 Motion for Leave to Appear Pro Hac Vice. (Earley, Francis) Modified on 7/8/2005 (Valle, Christine).
June 30, 2005 Filing 12
BRIEF IN SUPPORT Re: First MOTION to Dismiss Counterclaims and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin. Responses due by 7/14/2005 (Attachments: #(1) Text of Proposed Order; #(2)(Coleman, Ronald) Modified on 7/1/2005 (Valle, Christine).
June 10, 2005 Opinion or Order Filing 10
STIPULATION AND ORDER: to extend the time for Larry Sagarin and John Does 1-10 to answer or move until 6/30/05. Ordered by Judge Michael L. Orenstein on 6/10/05. (Imrie, Robert)
June 9, 2005 Filing 9
STIPULATION Extending Time to Answer etc. by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin. (Coleman, Ronald)
May 4, 2005 Filing 4
Letter from Francis J. Earley to Judge Joanna Seybert Regarding Extension of time to answer the complaint. (Earley, Francis)
May 2, 2005 Filing 3
NOTICE of Appearance by Francis J Earley on behalf of Australian Gold, Inc. (Earley, Francis)
March 4, 2005 Filing 2
Notice of Report on the filing of an action regarding a Patent, Trademark or Copyright Infringement. (Duong, Susan)
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Search for this case: S & L Vitamins, Inc. v. Australian Gold, Inc.
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Plaintiff: S & L Vitamins, Inc.
Represented By: Ronald D. Coleman
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Defendant: Australian Gold, Inc.
Represented By: Michael A. Wukmer
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Counter claimant: Australian Gold, Inc.
Represented By: Francis J Earley
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Counter defendant: S & L Vitamins, Inc.
Represented By: Ronald D. Coleman
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Thirdparty plaintiff: Australian Gold, Inc.
Represented By: Francis J Earley
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Thirdparty defendant: John Does 1-10
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Thirdparty defendant: Larry Sagarin
Represented By: Ronald D. Coleman
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