Mitsubishi Motors North America, Inc. v. Grand Automotive, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Mitsubishi Motors North America, Inc. v. Grand Automotive, Inc.

Mitsubishi Motors North America, Inc. v. Grand Automotive, Inc.

Plaintiff:	Mitsubishi Motors North America, Inc.
Defendant:	Grand Automotive, Inc. and Grand Automotive, Inc. doing business as Planet Mitsubishi
Case Number:	2:2018cv00814
Filed:	February 13, 2018
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J Feuerstein
Referring Judge:	Steven I Locke
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 30, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 13, 2018	Filing 59 Letter (reply to plaintiff's 4/12/18 letter by Grand Automotive, Inc. (Simon, Richard)
April 12, 2018	Filing 58 Letter in response to Defendant's April 11, 2018 letter [Dkt. No. 57] by Mitsubishi Motors North America, Inc. (Attachments: #1 Exhibit A--Excerpts from the February 22 Conference Transcript, #2 Exhibit B--Photographs Taken on April 12, 2018) (Wolfe, Owen)
April 12, 2018	Electronic ORDER granting DE #56 Motion to Substitute Attorney. The motion is granted without opposition. Attorneys W. Kirby Bissell and Stuart Alan Rosenthal are hereby terminated. Ordered by Magistrate Judge Steven I. Locke on 4/12/2018. (Vissichelli, Eric)
April 12, 2018	ORDER re #57 Letter filed by Grand Automotive, Inc. Plaintiff is directed to file a response to Defendant's letter [DE 57] not later than close of business today. Ordered by Judge Sandra J. Feuerstein on 4/12/2018. (Roman, Joshua)
April 11, 2018	Filing 57 Letter for immediate status Conference by Grand Automotive, Inc. (Simon, Richard)
April 6, 2018	Filing 56 Letter MOTION to Substitute Attorney by Grand Automotive, Inc. (Bissell, W.) Modified docket entry from letter to motion on 4/9/2018 (Tirado, Chelsea).
April 6, 2018	Filing 55 RESPONSE to Motion re #47 Letter MOTION to Enforce Judgment Letter Motion to Enforce TRO Response to Defendant's Filing of April 5, 2018 [Dkt. No. 53] filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
April 6, 2018	Filing 54 NOTICE of Appearance by Richard Simon on behalf of Grand Automotive, Inc. (aty to be noticed) (Simon, Richard)
April 5, 2018	Filing 53 Letter Response to Motion Regarding Non-Compliance by Grand Automotive, Inc. (Attachments: #1 Declaration Kanhiya Galani, #2 Ex. 1 Photos) (Bissell, W.)
April 5, 2018	ORDER re #47 Letter MOTION to Enforce Judgment Letter Motion to Enforce TRO filed by Mitsubishi Motors North America, Inc. Defendant is directed to file a response to Plaintiff's letter motion [DE 47] by close of business today (4/5/18). Ordered by Judge Sandra J. Feuerstein on 4/5/2018. (Roman, Joshua)
April 4, 2018	Filing 52 REPLY in Support re #3 Unsigned Order to Show Cause MMNA's Reply in Support of Motion for Preliminary Injunction filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
April 4, 2018	Filing 51 MEMORANDUM in Opposition re #3 Unsigned Order to Show Cause Defendant's Response in Opposition to Plaintiff's Motion for a Preliminary Injunction filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
April 4, 2018	Filing 50 MEMORANDUM in Support re #3 Unsigned Order to Show Cause Declaration of Edward F. Maluf in Support of Motion for Preliminary Injunction filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A--February 22, 2018 Conference Transcript, #2 Exhibit B--TRO Order) (Wolfe, Owen)
April 4, 2018	Filing 49 MEMORANDUM in Support re #3 Unsigned Order to Show Cause Declaration of Michael Beauchemin in Support of Motion for Preliminary Injunction filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A--Photographs of Active Dealership Premises, #2 Exhibit B--Photographs of Inactive Dealership Premises, #3 Exhibit C--Photographs of Unauthorized Location and Surrounding Area) (Wolfe, Owen)
April 4, 2018	Filing 48 MEMORANDUM in Support re #3 Unsigned Order to Show Cause MMNA's Memorandum of Law in Support of Motion for Preliminary Injunction filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
April 4, 2018	Filing 47 Letter MOTION to Enforce Judgment Letter Motion to Enforce TRO by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A--Photographs taken on April 4, 2018) (Wolfe, Owen)
March 22, 2018	Filing 46 Letter Cover Letter Filed Pursuant to Individual Rule 4.B by Grand Automotive, Inc. (Bissell, W.)
March 15, 2018	ORDER denying #39 Motion for Hearing. In light of Defendant's 3/9/18 letter and accompanying exhibits [DE 41], Plaintiff's motion seeking a hearing is denied, without prejudice. Ordered by Judge Sandra J. Feuerstein on 3/15/2018. (Roman, Joshua)
March 14, 2018	Filing 45 ANSWER to #23 Answer to Complaint,, Counterclaim, Answer to Counterclaims by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
March 14, 2018	Electronic ORDER terminating DE #42 Motion to Withdraw as Attorney. Defendant's initial motion by counsel for leave to withdraw, DE #42 , which was corrected by DE #43 , is hereby terminated. Ordered by Magistrate Judge Steven I. Locke on 3/14/2018. (Vissichelli, Eric)
March 13, 2018	ELECTRONIC ORDER denying DE #43 Defendant Grand Automotive, Inc. d/b/a Planet Mitsubishi's motion by counsel for leave to withdraw, DE #43 , is denied. The parties are in the middle of briefing Plaintiff's motion for a preliminary injunction after the Court has issued a TRO, which Plaintiff already complains that Defendant is failing to abide by. Further, Defendant makes its motion immediately after receiving Plaintiff's moving papers. Under these circumstances, the Court concludes that the resulting delay that would be caused by granting the motion for leave to withdraw at this juncture would be unduly prejudicial to Plaintiff. Defendant is instructed to file its opposition to the motion for a preliminary injunction, if any, in accordance with the Court's briefing schedule. The denial of Defendant's motion is without prejudice and with leave to renew after the motion for a preliminary injunction is fully briefed, any oral argument is held, and the motion is decided. Ordered by Magistrate Judge Steven I. Locke on 3/13/2018. (Gandiosi, Kristin)
March 12, 2018	Filing 44 RESPONSE in Opposition re #43 MOTION to Amend/Correct/Supplement #42 Letter MOTION to Withdraw as Attorney [Corrected to Include Proposed Order], #42 Letter MOTION to Withdraw as Attorney filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
March 9, 2018	Filing 43 MOTION to Amend/Correct/Supplement #42 Letter MOTION to Withdraw as Attorney [Corrected to Include Proposed Order] by Grand Automotive, Inc.. (Attachments: #1 Declaration W. Kirby Bissell, #2 Declaration Stuart A. Rosenthal, #3 Proposed Order) (Bissell, W.)
March 9, 2018	Filing 42 Letter MOTION to Withdraw as Attorney by Grand Automotive, Inc.. (Attachments: #1 Declaration W. Kirby Bissell, #2 Declaration Stuart A. Rosenthal) (Bissell, W.)
March 9, 2018	Filing 41 Letter Response to Motion Regarding Non-Compliance by Grand Automotive, Inc. (Attachments: #1 Exhibit A Pictures of covered signs) (Bissell, W.)
March 8, 2018	Filing 40 Letter Cover Letter Filed Pursuant to Individual Rule 4.B by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
March 8, 2018	Filing 39 MOTION for Hearing Concerning Defendant's Non-Compliance with TRO and Request for Telephone Conference by Mitsubishi Motors North America, Inc. (Attachments: #1 Exhibit A--Photos Taken on March 6, 2018, #2 Exhibit B--Email from Defendant's Counsel, #3 Exhibit C--Photos Taken on March 8, 2018) (Wolfe, Owen) Modified docket entry from letter to motion on 3/9/2018 (Tirado, Chelsea).
March 7, 2018	Filing 37 Letter Cover Letter Filed Pursuant to Individual Rule 4.C by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
March 6, 2018	Filing 38 ORDER denying #24 Motion to Stay - Therefore, Defendant's motion seeking a stay in accordance with VTL 463(2)(e)(1) is DENIED. (See Order for further details). SO Ordered by Judge Sandra J. Feuerstein on 3/6/2018. (Tirado, Chelsea)
March 5, 2018	Filing 36 Letter in Response to Defendant's Letter [Dkt. No. 35] by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
March 5, 2018	Filing 35 Letter Response to Motion to Dismiss by Grand Automotive, Inc. (Attachments: #1 Exhibit A Proposed Order to Show Cause) (Bissell, W.)
March 2, 2018	Filing 34 Letter MOTION to Dismiss Letter Motion to Dismiss Defendant's Motion [Dkt. No. 24] For Failure to Comply With Applicable Rules or as Moot, or to Alter Briefing Schedule by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
March 1, 2018	Filing 33 Temporary Restraining Order BOND in the amount of $ 2,500,000.00 posted by Mitsubishi Motors North America, Inc. Clerk's Office checked and the bonding company is authorized to write bonds in the dollar amount specified. (Attachments: #1 2/28/2018 Order of Judge Feuerstein, #2 Cover Letter) (Lee, Tiffeny)
March 1, 2018	NOTICE re #33 Bond - Original bond received by the Clerk's Office to be placed in vault. (Lee, Tiffeny)
February 28, 2018	Filing 32 ORDER re #3 Unsigned Order to Show Cause filed by Mitsubishi Motors North America, Inc., It is ORDERED, pursuant to Federal Rule of Civil Procedure 65(b ), that the above-named Defendant Grand Automotive, Inc. d/b/a Planet Mitsubishi ("Defendant") IS TEMPORARILY RESTRAINED during the pendency of this motion as further set forth herein. IT IS FURTHER ORDERED that MMNA shall post security in the amount of $2,500,000 with the Clerk of Court for the United States District Court for the Eastern District of New York no later than 5 p.m. on the next business day following the Court's endorsement of this Order. SEE ATTACHED ORDER for details. Ordered by Judge Sandra J. Feuerstein on 2/28/2018. (Coleman, Laurie)
February 27, 2018	Filing 31 Letter Concerning the Proposed Orders by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
February 27, 2018	Filing 30 Letter Concerning Proposed Order by Grand Automotive, Inc. (Attachments: #1 Proposed Order) (Bissell, W.)
February 27, 2018	Filing 29 Proposed Pretrial Order Proposed Order Concerning TRO Submitted Pursuant to the Court's Order of February 23, 2018 by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
February 27, 2018	Filing 28 Letter Concerning Proposed Order by Mitsubishi Motors North America, Inc. (Wolfe, Owen)
February 23, 2018	Filing 27 NOTICE by Grand Automotive, Inc. of Filing (Attachments: #1 Exhibit List of current vehicle inventory., #2 Exhibit List of vehicle orders., #3 Exhibit Parts email., #4 Exhibit List of unpaid reimbursements.) (Bissell, W.)
February 23, 2018	ORDER granting #25 Motion for Bond. The motion is granted to the extent that Plaintiff shall submit a Proposed Order to the Court by 5 PM on 2/27/18 and that the required security shall be posted with the Clerk's Office not later than 5 PM on the next business day following the Court's endorsement of the Proposed Order. Ordered by Judge Sandra J. Feuerstein on 2/23/2018. (Roman, Joshua)
February 22, 2018	Filing 26 Minute Entry for proceedings held on 2/22/2018 before Judge Sandra J. Feuerstein: Civil Cause for Order to Show Cause. Counsel for Plaintiff: Edward Maluf and Owen Wolfe. Counsel for Defendant: W. Kirby Bissell via telephone. Court Reporter: Owen Wicker. Case called. For preliminary injunction the briefing schedule is as follows: Plaintiff's opening papers to be served by 3/8/2018. Defendant's opposition to be served by 3/22/2018. Plaintiff's reply to be served and fully briefed motion to be filed with the Court by 4/4/2018. Plaintiff's request for a TRO is granted on the record and a formal written order will follow. A status conference is scheduled before Judge Feuerstein on 7/10/2018 at 11:15AM. (Tirado, Chelsea)
February 22, 2018	Filing 25 Letter MOTION for Bond Request for an Extension of Deadline to Post Security by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
February 21, 2018	Filing 24 Emergency MOTION to Stay (Enforce Statutory Stay) by Grand Automotive, Inc.. (Bissell, W.)
February 21, 2018	Filing 23 Defendant's ANSWER to #1 Complaint , Affirmative Defenses and, COUNTERCLAIM for Injunctive Relief against Mitsubishi Motors North America, Inc. by Grand Automotive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Bissell, W.)
February 20, 2018	Filing 22 NOTICE of Appearance by W. Kirby Bissell on behalf of Grand Automotive, Inc. (aty to be noticed) (Bissell, W.)
February 20, 2018	Filing 21 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Complaint) (Cox, Dwayne)
February 19, 2018	Filing 20 REPLY in Support re #3 Unsigned Order to Show Cause Reply Declaration of Michael Beauchemin filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A--Notice of Termination, #2 Exhibit B--Photographs, #3 Exhibit C--Excerpts from Lease, #4 Exhibit D--Excerpts from February 5, 2018 DMV Petition, #5 Exhibit E--Excerpts from November 17, 2017 DMV Petition, #6 Exhibit F--December 2017 Financial Statement) (Wolfe, Owen)
February 19, 2018	Filing 19 REPLY in Support re #3 Unsigned Order to Show Cause Reply Memorandum of Law in Support of Plaintiff's Motion filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
February 19, 2018	Filing 18 MEMORANDUM in Opposition re #3 Unsigned Order to Show Cause Declaration of Kanhiya K. Galani in Opposition to Plaintiff's Motion filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A--October 26, 2017 Letter, #2 Exhibit B--January 17, 2018 Letter, #3 Exhibit C--Guidelines, #4 Exhibit D--Site Plan) (Wolfe, Owen)
February 19, 2018	Filing 17 MEMORANDUM in Opposition re #3 Unsigned Order to Show Cause Defendant's Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order filed by Mitsubishi Motors North America, Inc.. (Wolfe, Owen)
February 16, 2018	Electronic ORDER granting DE #15 Motion for Leave to Appear Pro Hac Vice. 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 2/16/2018. (Vissichelli, Eric)
February 16, 2018	ORDER granting #16 Motion to Appear by Telephone. Defendant's motion seeking leave to appear telephonically at the 2/22/18 Status Conference is granted. Ordered by Judge Sandra J. Feuerstein on 2/16/2018. (Roman, Joshua)
February 15, 2018	Filing 16 Motion to Appear by Telephone at the February 22, 2018 Status Conference by Grand Automotive, Inc.. (Attachments: #1 Proposed Order) (Rosenthal, Stuart)
February 15, 2018	Filing 15 MOTION for Leave to Appear Pro Hac Vice for W. Kirby Bissell, Esq. Filing fee $ 150, receipt number 0207-10205830. by Grand Automotive, Inc.. (Attachments: #1 Proposed Order) (Rosenthal, Stuart)
February 15, 2018	Filing 14 CERTIFICATE OF SERVICE by Mitsubishi Motors North America, Inc. re #9 Declaration, #4 Memorandum in Support, #8 Exhibit, #10 Exhibit, #5 Declaration, #3 Unsigned Order to Show Cause (Wolfe, Owen)
February 15, 2018	Filing 13 CERTIFICATE OF SERVICE by Mitsubishi Motors North America, Inc. re #1 Complaint, #2 Summons Issued (Wolfe, Owen)
February 15, 2018	Filing 12 NOTICE of Appearance by Stuart Alan Rosenthal on behalf of Grand Automotive, Inc. (aty to be noticed) (Rosenthal, Stuart)
February 15, 2018	Filing 11 SUMMONS Returned Executed by Mitsubishi Motors North America, Inc.. Grand Automotive, Inc. served on 2/14/2018, answer due 3/7/2018. (Wolfe, Owen)
February 14, 2018	Filing 7 CERTIFICATE OF SERVICE by Mitsubishi Motors North America, Inc. concerning service of February 14, 2018 Scheduling Order upon counsel for defendant (Attachments: #1 Scheduling Order) (Wolfe, Owen)
February 14, 2018	SCHEDULING ORDER: re #6 Unsigned Order to Show Cause. Defendant shall serve (but not file) its opposition to Plaintiff's motion seeking injunctive relief by 5 PM on 2/16/18. Likewise, Plaintiff shall serve its Reply on 2/19/18 and file the fully briefed motion with the Court by 5 PM on 2/20/18. A Courtesy copy of all motion papers must be forwarded to Chambers contemporaneously with the filing of the fully briefed motion. See Rules 3.C. and 4.b.iii of Judge Feuerstein's Individual Rules of Practice. The parties are directed to appear before the undersigned for a Status Conference in this matter on 2/22/18 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. No oral argument will be heard with respect to the pending motion unless otherwise directed by the Court. Plaintiff's counsel is directed to serve a copy of this Electronic Order on defendant's counsel forthwith and file proof of service on ECF promptly. Ordered by Judge Sandra J. Feuerstein on 2/14/2018. (Roman, Joshua) Modified on 2/14/2018 (Tirado, Chelsea).
February 13, 2018	Filing 10 EXHIBITS to the Declaration of Edward F. Maluf by Mitsubishi Motors North America, Inc.. Related document: #9 Declaration filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit A - 2, #2 Exhibit A - 3, #3 Exhibit B) (Cox, Dwayne)
February 13, 2018	Filing 9 DECLARATION of Edward F. Maluf re #3 Unsigned Order to Show Cause by Mitsubishi Motors North America, Inc. (Cox, Dwayne)
February 13, 2018	Filing 8 EXHIBITS to the Declaration of John McElroy by Mitsubishi Motors North America, Inc. Related document: #5 Declaration filed by Mitsubishi Motors North America, Inc. (Attachments: #1 Exhibit A - 2, #2 Exhibit B, C & D) (Cox, Dwayne)
February 13, 2018	Filing 6 Unsigned Order to Show Cause - Declined to sign. (Tirado, Chelsea)
February 13, 2018	Filing 5 DECLARATION of John McElroy in suppport re #3 Proposed Order to Show Cause by Mitsubishi Motors North America, Inc. (Cox, Dwayne)
February 13, 2018	Filing 4 MEMORANDUM in Support re #3 Proposed Order to Show Cause filed by Mitsubishi Motors North America, Inc.. (Cox, Dwayne)
February 13, 2018	Filing 3 Proposed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Mitsubishi Motors North America, Inc. (Cox, Dwayne) Modified on 2/14/2018 (Cox, Dwayne).
February 13, 2018	Filing 2 Summons Issued as to Grand Automotive, Inc.. (Cox, Dwayne)
February 13, 2018	Filing 1 COMPLAINT against Grand Automotive, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mitsubishi Motors North America, Inc.. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne)
February 13, 2018	FILING FEE: $ 400.00, receipt number 24648 (Cox, Dwayne)

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Plaintiff: Mitsubishi Motors North America, Inc.
Represented By:	Edward F. Maluf
Represented By:	Owen Richard Wolfe
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Defendant: Grand Automotive, Inc.
Represented By:	Richard Simon
Represented By:	Stuart Alan Rosenthal
Represented By:	W. Kirby Bissell
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Defendant: Grand Automotive, Inc. doing business as Planet Mitsubishi
Represented By:	Richard Simon
Represented By:	Stuart Alan Rosenthal
Represented By:	W. Kirby Bissell
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