Better Mornings, LLC v. Nilsen et al
| Island Breeze, LLC and Better Mornings, LLC |
| Digital Checkmate, Inc. and Joseph Nilsen |
| 2:2019cv03854 |
| July 2, 2019 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ELECTRONIC ORDER granting #11 Motion for Extension of Time to Answer, All Defendants; denying #13 Motion for Default Judgment. Considering the appearance of defense counsel and the representations in counsel's August 12, 2019 letter (D.E. 11), the Clerk of the Court is directed to VACATE the entry of default (D.E. 10). Accordingly, Plaintiffs' motion for entry of a default judgment (D.E. 13) is DENIED, and this action shall proceed on the merits. Defendants shall answer or otherwise respond to the Complaint on or before September 10, 2019. Finally, the Clerk of the Court is directed to amend the caption to reflect both Plaintiffs in this matter, Better Mornings, LLC and Island Breeze, LLC. Ordered by Judge Joanna Seybert on 8/13/2019. (Torreblanca, David)
|
| Filing 13 MOTION for Default Judgment by Better Mornings, LLC. (Attachments: #1 Declaration Declaration of Berwin Cohen, #2 Affidavit of Service Svc. on Nilsen, #3 Affidavit of Service Svc. on Digital Checkmate, #4 Certificate of Default, #5 Statement of Fees and Costs, #6 Affidavit Affidavit of Kevin Thobias, #7 Exhibit Ex. A to Thobias Aff.-Better Mornings Dmgs., #8 Exhibit Ex. B to Thobias Aff.-Island Breeze Dmgs., #9 Proposed Judgment, #10 Memorandum in Support) (Cohen, Berwin) |
| Filing 12 NOTICE of Appearance by Samuel Lucien Butt on behalf of Digital Checkmate, Inc., Joseph Nilsen (aty to be noticed) (Butt, Samuel) |
| Filing 11 Letter MOTION for Extension of Time to File Answer by Digital Checkmate, Inc., Joseph Nilsen. (Eilender, Jeffrey) |
| Filing 10 CLERK'S ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Digital Checkmate, Inc. and Joseph Nilsen have failed to appear or otherwise defend this action, the default of defendants Digital Checkmate Inc. and Joseph Nilsen are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. VACATED pursuant to Electronic Order of Judge Joanna Seybert. This entry has been modified on 8/20/2019 to indicate order #10 has been vacated (Coleman, Laurie) Modified on 8/20/2019 (Valle, Christine). |
| Filing 9 SUMMONS Returned Executed by Better Mornings, LLC. Digital Checkmate, Inc. served on 7/10/2019, answer due 7/31/2019. (Coleman, Laurie) |
| Filing 8 SUMMONS Returned Executed by Better Mornings, LLC. Joseph Nilsen served on 7/10/2019, answer due 7/31/2019. (Coleman, Laurie) |
| Filing 7 Request for Certificate of Default by Better Mornings, LLC (Attachments: #1 Certificate of Default, #2 Affidavit, #3 Affidavit of Service Service on Nilsen, #4 Affidavit of Service Service on Digital Checkmate) (Cohen, Berwin) |
| Filing 6 NOTICE of Appearance by Berwin Cohen on behalf of Better Mornings, LLC (aty to be noticed) (Cohen, Berwin) |
| Filing 5 Summons Issued as to Digital Checkmate, Inc., Joseph Nilsen. (Rodin, Deanna) |
| Filing 4 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Complaint, #2 Exhibit) (Rodin, Deanna) |
| Filing 3 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) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Steven I. Locke. 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 1 COMPLAINT against All Defendants filing fee $400, receipt number ANYEDC-11630775, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Better Mornings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit) (Wolffers, Lorenz) Modified on 7/8/2019 (Rodin, Deanna). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
