Vescova v. John Doe or Doe Corp.
| Vincent Vescosa, Vincent Vescova and Candys Carriers Inc. |
| John Doe or Doe Corp., Vocie Carrier LLC, Voice Carrier LLC and Deonauth Surat |
| 2:2018cv06470 |
| November 14, 2018 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| Sanket J Bulsara |
| William F Kuntz |
| Arlene R Lindsay |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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| Filing 31 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Judgment) (Hong, Loan) |
| Filing 32 Minute Entry for proceedings held before Judge William F. Kuntz, II:Motion Hearing held on 3/10/2020 re #28 First MOTION for Default Judgment filed by Vincent Vescova. Appearances: Michael Premisler, Esq., appeared on behalf of Plaintiff Vincent Vescova. The Defendant failed to appear for the Court ordered motion for default hearing. The Court granted Plaintiff's Motion for Default Judgment and Order for Permanent Injunction, which was marked as Court's Exhibit One and admitted into evidence. (Court Reporter Denise Parisi.) (Marziliano, August) |
Filing 30
DEFAULT JUDGMENT and ORDER for PERMANENT INJUNCTION: IT IS ORDERED that, plaintiff's motion for default judgment entry of a permanent injunction is granted. IT IS FURTHER ORDERED that defendants are in default, and that judgment is awarded in favor of plaintiffs against defendants in the amount of $200,000. (See Judgment for details) SO Ordered by Judge William F. Kuntz, II on 3/10/2020. (Tavarez, Jennifer)
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ORDER granting #28 Motion for Default Judgment. SO Ordered by Judge William F. Kuntz, II on 3/10/2020. (Tavarez, Jennifer)
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| Filing 29 First MOTION to Adjourn Conference on February 18, 2020 by Vincent Vescova. (Premisler, Michael) |
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ORDER granting in part and denying in part #29 Motion to Adjourn Conference. The Conference will be held at 4:00 P.M. on Tuesday March 10, 2020 at 3:00 P.M. So Ordered by Judge William F. Kuntz, II on 2/5/2020. (Kuntz, William)
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ORDER Setting Hearing on Motion #28 First MOTION for Default Judgment: Motion Hearing set for 2/18/2020 at 12:30 PM in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 2/5/2020. (Stykes, Jacqueline)
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| Filing 28 First MOTION for Default Judgment by Vincent Vescova. (Attachments: #1 Memorandum in Support Memorandum of Law in Support, #2 Exhibit Exhibit A USPTO Registration of Mark 2010, #3 Exhibit Exhibit B USPTO Renewal of the Mark in 20154, #4 Exhibit Exhibit C Proof of Payment, #5 Exhibit Exhibit D Identification of Defendant, #6 Exhibit Exhibit E Clerks Certificate of Default, #7 Exhibit Exhibit F Complaint, #8 Proposed Judgment Exhibit G Proposed Order, #9 Exhibit Exhibit H Affidavits of Service of Complaint, #10 Affidavit in Support Affirmation in Support of Memorandum of Law, #11 Exhibit Exhibit I Engagement Letter, #12 Exhibit Exhibit J Summary of Statements, #13 Exhibit Exhibit K Statement for December, #14 Affidavit of Service Affidavit of Service of Default) (Premisler, Michael) |
| Filing 27 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Candys Carriers Inc., Deonauth Surat has failed to appear or otherwise defend this action, the default of defendant Candys Carriers Inc., Deonauth Surat is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 26 Request for Certificate of Default by Vincent Vescova (Attachments: #1 Affidavit in Support) (Premisler, Michael) |
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ORDER: In light of the letter #25 filed by Plaintiff, the initial conference scheduled for 9/13/2019 is adjourned sine die. The Court cannot approve any proposed schedule for a motion for default judgment because Plaintiff has not sought or received certificates of default from the Clerk of Court, which he must do by 10/10/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2019. (Silberstein, Hope)
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| Filing 25 Letter leave to make motion for default by Vincent Vescova (Premisler, Michael) |
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Filing 24
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 A.M. on 9/13/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Plaintiff is directed to notify Defendant of this scheduling order at the time Defendant makes an appearance with in this matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 9/13/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/10/2019. (Manson, Eddie) (Main Document 24 replaced for statistical purposes - original PDF flagged as corrupt on 1/25/2023) (LJ).
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| Filing 23 SUMMONS Returned Executed by Vincent Vescova. (Premisler, Michael) |
| Filing 22 SUMMONS Returned Executed by Vincent Vescova. Candys Carriers Inc. served on 6/25/2019, answer due 7/16/2019. (Premisler, Michael) |
| Filing 21 SUMMONS Returned Executed by Vincent Vescova. Deonauth Surat served on 6/14/2019, answer due 7/8/2019. (Premisler, Michael) |
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ORDER re #20 Response to Order to Show Cause: Plaintiff's time to serve the Complaint is extended 90 days from today to 9/10/2019. Because Plaintiff is attempting to identify the correct party to sue, as opposed to locate known parties, the Court is doubtful that additional applications seeking extensions of time to serve would be appropriate; in any event, for any future extensions of time, Plaintiff must demonstrate good cause to extend the deadline under Rule 4. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/12/2019. (Silberstein, Hope)
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by Vincent Vescova (Attachments: #1 Exhibit Exhibit A - First Amended Verified Complaint, #2 Exhibit Exhibit B - FedEx Slip, #3 Exhibit Exhibit C - FedEx Delivery tracking, #4 Exhibit Exhibit D - Articles of Dissolution, #5 Exhibit Exhibit E - 2017 Florida Profit Corp Annual Report, #6 Exhibit Exhibit F - Affidavit of Service) (Premisler, Michael) |
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ORDER: Plaintiff has requested an adjournment of the status conference scheduled for 5/29/2019. The request #19 is granted. The status conference is adjourned. However, it appears that the Complaint in this case should be dismissed. The Complaint was filed on 11/14/2018, and more than 90 days have passed without service upon any of the Defendants. See Fed. R. Civ. P. 4(m). Plaintiff is ordered to show cause why the time to serve the Defendants should be extended and must do so by 5/30/2019. Failure to do so will lead to dismissal of the Complaint without prejudice. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/23/2019. (Silberstein, Hope)
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| Filing 19 MOTION to Adjourn Conference for adjournment by Vincent Vescova. (Premisler, Michael) |
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SCHEDULING ORDER: An in person status conference will take place on 5/29/2019 at 4:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/11/2019. (Manson, Eddie)
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ORDER granting #18 Motion to Withdraw. So Ordered by Judge William F. Kuntz, II on 4/1/2019. (Douglas, Maura)
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| Filing 18 Second MOTION to Withdraw by Vincent Vescova. (Premisler, Michael) |
| Filing 17 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. (Marziliano, August) |
| Case Reassigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. Judge Joseph F. Bianco, Magistrate Judge Arlene R. Lindsay no longer assigned to the case. 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. (Marziliano, August) |
| Filing 16 First MOTION to Adjourn Conference for adjournment by Vincent Vescova. (Attachments: #1 Exhibit Federal Express) (Premisler, Michael) |
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ORDER granting #16 Motion to Adjourn Conference. The Court has received plaintiff's letter of February 27, 2019 regarding its ongoing efforts to serve defendants in this matter. Accordingly, IT IS HEREBY ORDERED that the hearing scheduled for Thursday, February 28, 2019 is adjourned to Monday, April 1, 2019 at 1:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/27/2019. (Clarke, Molly)
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| Filing 15 AFFIDAVIT of Service for Order to Show Cause, Summons and Complaint, Memorandum of Law and Declaration of Michael Premisler served on Candys Carriers, Inc., and Deonauth Surat on February 1, 2019, filed by Vincent Vescova. (Premisler, Michael) |
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Filing 14
ORDER TO SHOW CAUSE for Preliminary Injunction: ORDERED that Defendants, CANDYS CARRIERS INC. and DEONAUTH SURAT, show cause before this Court in Courtroom 1040 to be held at the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722, on February 28, 2019 at 1:00 pm why an order should not be made and entered pursuant to Fed. R. Civ. P. 65 and 17 U.S.C. 502 & 503 preliminarily enjoining and restraining, during the pendency of this action, defendants CANDYS CARRIERS INC. and DEONAUTH SURA. ORDERED, that service upon defendants CANDYS CARRIERS INC. and DEONAUTH SURAT by established overnight courier of this order to show cause, the memorandum of law, and the first amended verified complaint on or before February 1, 2019 to their presently known business address located at 4150 NW 90th Avenue, Coral Springs, Florida 33065, shall constitute good and sufficient service of this Order. ORDERED that opposition papers, if any, shall be served by established overnight courier upon Michael M. Premisler, attorney for Plaintiff, One Old Country Road, Carle Place, New York 11514 on or before February 15, 2019. ORDERED that reply papers, if any, shall be served by established overnight courier upon counsel for Defendants on or before February 25, 2019. Ordered by Judge Joseph F. Bianco on 1/30/2019. (Florio, Lisa)
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| Filing 13 Proposed Order to Show Cause for Expedited Discovery and Preliminary Injunction by Vincent Vescova. (Florio, Lisa) |
| Filing 12 AMENDED COMPLAINT Vincent Vescova against John Doe or Doe Corp., filed by Vincent Vescova. (Attachments: #1 Civil Cover Sheet Amended Civil Court Sheet, #2 Supplement Supplemental Summons, #3 Exhibit Exhibit "A"Trademark, #4 Exhibit Exhibit "B" - Trademark Electronic Search, #5 Exhibit Exhibit "C" -Voice Carrier Invoices, #6 Exhibit Exhibit "D" - Voice Carrier Check, #7 Exhibit Exhibit "E" - Letter of Responsible Organization) (Premisler, Michael) |
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STATUS REPORT ORDER. IT IS HEREBY ORDERED that, no later than Friday, February 1, 2019, counsel for the plaintiff shall provide the Court with a letter regarding the status of this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/16/2019. (Clarke, Molly)
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| Filing 11 Letter to Judge Joseph F. Bianco by Vincent Vescova (Premisler, Michael) |
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Filing 10
ORDER: ( Telephone Conference set for 12/19/2018 03:00 PM before Judge Joseph F. Bianco.)IT IS FURTHER ORDERED that plaintiff serve a copy of this order on defendant.Ordered by Judge Joseph F. Bianco on 12/10/2018. (Bollbach, Jean) Modified on 12/12/2018 (Bollbach, Jean).
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| Filing 9 Letter for adjournment by Vincent Vescova (Attachments: #1 Exhibit) (Premisler, Michael) |
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Filing 8
ORDER the Court wants to give defendants a chance to be heard on the matter prior to ruling. IT IS HEREBY ORDERED that the plaintiff serve a copy of its Complaint, proposed Order to Show Cause and a copy of this Court's Order to defendants. ( Telephone Conference set for 12/11/2018 03:00 PM before Judge Joseph F. Bianco.)Ordered by Judge Joseph F. Bianco on 11/30/18. (Bollbach, Jean)
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ORDER REASSIGNING CASE. Case reassigned to Judge Joseph F. Bianco for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 11/29/2018. (Bowens, Priscilla)
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| Filing 7 Summons Issued as to John Doe or Doe Corp., Voice Carrier LLC. (Tirado, Chelsea) |
| Filing 6 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint,, by Vincent Vescova (Attachments: #1 Proposed Summons Amended Proposed Summons) (Premisler, Michael) |
| Filing 5 Notice of Report on the filing of an action regarding a Trademark. (Rodin, Deanna) Modified on 11/20/2018 (Rodin, Deanna). |
| Filing 4 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. (Rodin, Deanna) |
| Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against defendants. (Rodin, Deanna) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein for all further proceedings. Judge Joseph F. Bianco no longer assigned to case 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. Ordered by Chief Judge Dora Lizette Irizarry on 11/16/2018. (Bowens, Priscilla)
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| Proposed summons is rejected; the section that reads "To: (Defendant's name and address)" has not be completed; the Clerk's Office cannot issue the summons. Counsel is advised to submit completed proposed summons in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 11/16/2018: #1 Additional Corrections) (Rodin, Deanna). |
| Filing 2 NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against John Doe or Doe Corp., Voice Carrier LLC Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Vincent Vescova. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Order to Show Cause, #4 Memorandum in Support, #5 Declaration, #6 Exhibit A - Mark Registration, #7 Exhibit B - USPTO TESS Search Results, #8 Exhibit C - Bill for Phone Number, #9 Exhibit D - Proof of Abscondment, #10 Exhibit E - Proof of Mark in Commerce) (Rodin, Deanna) Modified on 11/16/2018 (Rodin, Deanna). |
| FILING FEE: $400, receipt number ANYEDC-10935467 (Rodin, Deanna) |
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