RVC Floor Decor, Ltd. v. Floor & Decor Holdings, Inc. et al
| RVC Floor Decor, Ltd. |
| Floor and Decor Outlets of America, Inc. and Floor & Decor Holdings, Inc. |
| 2:2018cv06449 |
| November 13, 2018 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Arlene R Lindsay |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 38
DECLARATION re Telephone Conference,, Declaration of David Christopherson in Support of Floor & Decor Holdings, Inc.'s Request to Be Dismissed From This Action by Floor & Decor Holdings, Inc. (Henn, Richard)
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ORDER re #32 , #33 , #34 , #35 , #36 , #37 : The Parties are reminded to provide Chambers with courtesy copies of their papers in accordance with the undersigned's individual practice rules. Ordered by Judge Denis R. Hurley on 1/10/2019. (Bochner, Francesca)
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Filing 37
AFFIDAVIT in Opposition re #4 Unsigned Order to Show Cause, #9 Order to Show Cause,, #5 Memorandum in Support, (Declaration of R. Charles Henn Jr.) by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK) (Henn, Richard)
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Filing 36
AFFIDAVIT in Opposition re #9 Order to Show Cause,, #4 Unsigned Order to Show Cause, #5 Memorandum in Support, (Declaration of Kenneth Williams) by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Attachments: #1 Exhibit 1) (Henn, Richard)
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Filing 35
AFFIDAVIT in Opposition re #9 Order to Show Cause,, #4 Unsigned Order to Show Cause, #5 Memorandum in Support, (Declaration of Wendy Martin) by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Attachments: #1 Exhibit 1) (Henn, Richard)
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Filing 34
AFFIDAVIT in Opposition re #9 Order to Show Cause,, #4 Unsigned Order to Show Cause, #5 Memorandum in Support, (Declaration of Bryan Dodge) by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Henn, Richard)
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Filing 33
AFFIDAVIT in Opposition re #9 Order to Show Cause,, #4 Unsigned Order to Show Cause, #5 Memorandum in Support, (Expert Report of David Neal Ph.D.) by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Henn, Richard)
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Filing 32
MEMORANDUM in Opposition re #9 Order to Show Cause,, #4 Unsigned Order to Show Cause, #5 Memorandum in Support, filed by Floor and Decor Outlets of America, Inc.. (Henn, Richard)
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Filing 31
STATUS REPORT (Joint) by Floor and Decor Outlets of America, Inc. (Henn, Richard)
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ORDER re #28 : The conference scheduled for January 23, 2019, is advanced to 1:30 PM and is converted into a telephone conference. The Court will initiate the conference. The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. The proposed modification to the scheduling order will be addressed at the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 1/8/2019. c/ecf (Imrie, Robert)
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ORDER re #30 : The joint request to exceed the page limits by three pages is granted. Ordered by Judge Denis R. Hurley on 1/8/2019. (Bochner, Francesca)
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Filing 30
Letter Request (Joint) by Plaintiff RVC Floor Decor, Ltd. and by Floor and Decor Outlets of America, Inc. (Henn, Richard)
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Filing 29
NOTICE of Appearance by Bryan J. Wolin on behalf of Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (aty to be noticed) (Wolin, Bryan)
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Filing 28
Letter Request to Conduct Initial Conference by Telephone by Floor and Decor Outlets of America, Inc. (Henn, Richard) Modified on 1/8/2019 (Imrie, Robert).
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Minute Entry for proceeding: A telephone conference was held on January 7, 2019; counsel for both sides were on the line. The Parties discussed Defendant Floor & Decor Holdings, Inc.'s pre-motion conference request. Defendant agreed to file an affidavit on or before January 11, 2019, regarding its lack of minimum contacts with the State of New York. Pending filing of such affidavit, Plaintiff agreed to stipulate to dismiss such Defendant on or before January 18, 2019. (Bochner, Francesca)
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Filing 27
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/21/2018. (Attachments: #1 Proposed Scheduling Order) Doc #23 terminated. c/ecf (Imrie, Robert)
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ORDER granting #26 : A pre-motion telephone conference will be held in this matter on Monday, January 7, 2019 at 11:00 A.M. to discuss the proposed motion to dismiss for lack of personal jurisdiction. Counsel for Plaintiff shall initiate the call, and counsel for Defendant Floor & Decor Holdings shall be on the line before calling Chambers at (631) 712-5650. Counsel for the remaining Defendant need not participate. In the event counsel becomes unavailable at the scheduled time, s/he shall consult with opposing counsel and provide two alternate dates and/or times by letter filed on ECF on Friday, January 4, 2019. Ordered by Judge Denis R. Hurley on 12/21/2018. (Bochner, Francesca)
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Filing 26
Consent MOTION to Adjourn Conference by RVC Floor Decor, Ltd.. (Barshay, David)
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ORDER granting #25 Motion to Adjourn Conference: The conference scheduled for December 21, 2018 is hereby adjourned. The Court is unavailable at the dates and times counsel has provided. Counsel are directed to provide two additional dates the week of December 24, 2018, and/or the week of January 7, 2019. Ordered by Judge Denis R. Hurley on 12/20/2018. (Bochner, Francesca)
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Filing 25
Consent MOTION to Adjourn Conference by RVC Floor Decor, Ltd.. (Barshay, David)
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ORDER re #18 Letter: A pre-motion telephone conference will be held in this matter on Friday, December 21, 2018 at 1:30 P.M. to discuss the proposed motion to dismiss for lack of personal jurisdiction. Counsel for Plaintiff shall initiate the call, and counsel for Defendant Floor & Decor Holdings shall be on the line before calling Chambers at (631) 712-5650. Counsel for the remaining Defendant need not participate. In the event counsel is unavailable at the scheduled time, s/he shall consult with opposing counsel and provide two alternate dates and/or times by letter filed on ECF on or before Thursday, December 20, 2018. Ordered by Judge Denis R. Hurley on 12/18/2018. (Bochner, Francesca)
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Filing 24
RESPONSE in Opposition re #23 First MOTION for Hearing to set Initial Conference filed by Floor and Decor Outlets of America, Inc.. (Henn, Richard)
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Filing 23
First MOTION for Hearing to set Initial Conference by RVC Floor Decor, Ltd.. (Barshay, David)
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SCHEDULING ORDER: re #21 , #22 : Upon review the following scheduling order for the completion of expedited discovery is adopted: On November 29, 2018 Defendant served 10 document requests and 7 interrogatories(collectively, the Written Discovery). By December 10, 2018, Plaintiff will serve written responses and/or objections to the Written Discovery and will begin production of responsive documents. By December 14, 2018, Plaintiff will substantially complete production of documents responsive to the Written Discovery. By January 7, 2019, Defendant will have completed depositions of all Affiants. Plaintiff is not automatically entitled to discovery on the preliminary injunction proceeding and no application for expedited discovery has been made, by Plaintiff to District Judge Hurley. Ordered by Magistrate Judge Arlene R. Lindsay on 12/7/2018. c/ecf (Imrie, Robert)
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PROTECTIVE ORDER re [21-2]: The Stipulated Protective Order is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 12/7/2018. c/ecf (Imrie, Robert)
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ORDER re #20 : The Motion of H. Forrest Flemming, III for Leave to Appear Pro Hac Vice is granted. 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 he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Arlene R. Lindsay on 12/6/2018. c/ecf (Imrie, Robert)
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Filing 22
Proposed Scheduling Order by RVC Floor Decor, Ltd. (Attachments: #1 Proposed Order) (Barshay, David)
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Filing 21
Proposed Scheduling Order and Motion for Entry of Stipulated Protective Order by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Henn, Richard)
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Filing 20
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10992351. by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Attachments: #1 Notice of Motion to Admit Counsel Pro Hac Vice, #2 Affidavit of H. Forrest Flemming, III) (Flemming, H. Forrest)
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Filing 19
ANSWER to #1 Complaint, by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc.. (Henn, Richard)
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ORDER: Due to the closure of the courthouse, the December 5, 2018 conference is adjourned without date. A new conference date will be scheduled, if necessary, after review of the parties proposed schedule setting forth dates for the completion of expedited discovery. The parties are directed to e-file the proposed scheduling order on or before December 5, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 12/4/2018. c/ecf (Imrie, Robert)
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Filing 18
Letter MOTION for Pre Motion Conference by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (Henn, Richard)
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Filing 17
NOTICE of Appearance by Robert Nathan Potter on behalf of Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (aty to be noticed) (Potter, Robert)
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ORDER re #13 , #16 : Defendants' application at DE #13 for expedited discovery; to adjourn the Order to Show Cause hearing scheduled for December 11, 2018; and for an extension of time to oppose the motion is granted. The Parties are directed to contact Magistrate Judge Lindsay regarding the contours and timeline for the expedited discovery. Defendants shall file their opposition on or before January 9, 2019. When discovery is complete, the Parties shall file a status report on ECF addressed to the undersigned, at which time the Order to Show Cause hearing will be rescheduled. Ordered by Judge Denis R. Hurley on 11/28/2018. (Bochner, Francesca)
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ORDER: In light of District Judge Hurley's November 28, 2018 Order, an Initial Conference is scheduled for December 5, 2018 at 2:30 p.m. Counsel shall submit, on or before December 4, 2018, a joint proposed scheduling order for the completion of expedited discovery. Ordered by Magistrate Judge Arlene R. Lindsay on 11/28/2018. c/ecf (Imrie, Robert) Modified on 11/28/2018 (Imrie, Robert).
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Filing 16
Letter in Response to Defendants' Request for a Premotion Conference (dkt 13) by RVC Floor Decor, Ltd. (Sanders, Craig)
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Filing 15
NOTICE of Appearance by Jonathan Mark Cader on behalf of RVC Floor Decor, Ltd. (aty to be noticed) (Cader, Jonathan)
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Filing 14
SUMMONS Returned Executed by RVC Floor Decor, Ltd.. Floor & Decor Holdings, Inc. served on 11/20/2018, answer due 12/11/2018; Floor and Decor Outlets of America, Inc. served on 11/16/2018, answer due 12/7/2018. (Attachments: #1 Summons Executed) (Sanders, Craig)
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ORDER re #13 Letter filed by Floor & Decor Holdings, Inc.: Plaintiff is directed to file a response on or before Monday, November 26, 2018 at noon. Ordered by Judge Denis R. Hurley on 11/21/2018. (Bochner, Francesca)
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Filing 13
Letter to Request a Pre-Motion Conference to File a Motion for Expedited Discovery by Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (Henn, Richard)
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Filing 12
NOTICE of Appearance by Richard Charles Henn, Jr on behalf of Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. (aty to be noticed) (Henn, Richard)
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Filing 11
NOTICE of Appearance by Erica Carvajal on behalf of RVC Floor Decor, Ltd. (aty to be noticed) (Carvajal, Erica)
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Filing 10
NOTICE of Appearance by David M. Barshay on behalf of RVC Floor Decor, Ltd. (aty to be noticed) (Barshay, David)
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Filing 9
ORDER TO SHOW CAUSE: An Order to Show Cause hearing will be held in this matter on December 11, 2018 at 09:30 AM in Courtroom 930 before Judge Denis R. Hurley. Plaintiff shall serve a copy of the attached Order, together with the moving papers and the Summons and Complaint, in compliance with Fed. R. Civ. P. 4 on or before November 26, 2018, and file proof of such service on ECF on or before November 27, 2018. Defendants may file their opposition papers, if any, on or before December 4, 2018. Plaintiff may file a reply, if any, on or before December 7, 2018 at 3:00 p.m. See attached Order. Ordered by Judge Denis R. Hurley on 11/13/2018. (Bochner, Francesca) Modified on 11/14/2018 (Cubano, Jazmin).
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Filing 8
Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Complaint) (Cox, Dwayne)
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Filing 7
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. (Cox, Dwayne)
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Filing 6
DECLARATION of Craig B. Sanders in support re: #4 Proposed Order to Show Cause by RVC Floor Decor, Ltd. (Cox, Dwayne)
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Filing 5
MEMORANDUM of Law in Support re: #4 Proposed Order to Show Cause filed by RVC Floor Decor, Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Cox, Dwayne) Modified to correct the title of the supported document on 11/13/2018 (Cox, Dwayne).
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Filing 4
Proposed Order to Show Cause by RVC Floor Decor, Ltd. (Cox, Dwayne)
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Filing 3
Summons Issued as to Floor and Decor Outlets of America, Inc.. (Cox, Dwayne)
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Filing 2
Summons Issued as to Floor & Decor Holdings, Inc.. (Cox, Dwayne)
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Filing 1
COMPLAINT against Floor & Decor Holdings, Inc., Floor and Decor Outlets of America, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by RVC Floor Decor, Ltd.. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne)
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FILING FEE: $ 400.00, receipt number 26538 (Cox, Dwayne)
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