Unique Importer & Distributor, Inc. v. Sterling Seafood Corp. et. al.
| Unique Importer & Distributor, Inc. |
| TT Asian Grocery, Inc., Food Gusto Inc., Kea Imported Foods, A-1 Indian Grocers, Inc., Columbus Fish And Seafood LLC., Smart Chef Supply Inc., Zoya USA Inc., G&G Food Mart, Inc., Imaex Trading Co., MGM Geetha Foods Inc., Golden Ocean Seafood Inc., Kairali Foods of Glenview LLC, Global Marketing Enterprises Inc., Benghal Stores & Halal Meat, Sterling Seafood Corp., National Imports LLC, Tampa Grocery, P&P Asian Foods, Truong Enterprises, Inc., Cherians International Fresh Market LLC, Palli Trading Inc., Ann's International Grocers and Seafood Wholesalers Ltd. |
| 2:2019cv03883 |
| July 3, 2019 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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ELECTRONIC ORDER granting #26 Motion for Extension of Time to Answer; granting #27 Motion for Extension of Time to Answer. Defendants Smart Chef Supply Inc., Zoya USA Inc., and Palli Trading Inc. time to answer or otherwise respond to the Complaint is EXTENDED to 9/23/2019. So Ordered by Magistrate Judge Anne Y. Shields on 8/26/2019. (Mucciaccio, Dina)
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| Filing 27 Supplemental MOTION for Extension of Time to File Answer re #26 First MOTION for Extension of Time to File Answer re #21 Request for Certificate of Default, #1 Complaint,,,,, #20 Request for Certificate of Default, #19 Request for Certificate of Default by Palli Trading Inc., Smart Chef Supply Inc., Zoya USA Inc.. (Berenthal, David) |
| Filing 26 First MOTION for Extension of Time to File Answer re #21 Request for Certificate of Default, #1 Complaint,,,,, #20 Request for Certificate of Default, #19 Request for Certificate of Default by Palli Trading Inc., Smart Chef Supply Inc., Zoya USA Inc.. (Berenthal, David) |
| Filing 25 NOTICE of Appearance by David W. Berenthal on behalf of Palli Trading Inc. (aty to be noticed) (Berenthal, David) |
| Filing 24 NOTICE of Appearance by David W. Berenthal on behalf of Zoya USA Inc. (aty to be noticed) (Berenthal, David) |
| Filing 23 NOTICE of Appearance by David W. Berenthal on behalf of Smart Chef Supply Inc. (aty to be noticed) (Berenthal, David) |
| Filing 22 NOTICE of Appearance by Gary Steven Redish on behalf of Sterling Seafood Corp. (aty to be noticed) (Redish, Gary) |
| Filing 21 Request for Certificate of Default by Unique Importer & Distributor, Inc. (Attachments: #1 Affirmation in Support, #2 Certificate of Service, #3 Proposed Certificate of Default) (Nohavicka, Joseph) |
| Filing 20 Request for Certificate of Default by Unique Importer & Distributor, Inc. (Attachments: #1 Affirmation In Support, #2 Certificate of Service, #3 Certificate of Default) (Nohavicka, Joseph) |
| Filing 19 Request for Certificate of Default by Unique Importer & Distributor, Inc. (Attachments: #1 Affirmation in Support, #2 Proposed Certificate of Default, #3 Certificate of Service) (Nohavicka, Joseph) |
| Filing 18 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Zoya USA Inc. served on 7/24/2019, answer due 8/14/2019. (Nohavicka, Joseph) |
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ELECTRONIC ORDER granting #17 Motion for Extension of Time to Answer. Defendant Sterling Seafood Corp. time to answer or otherwise respond to the Complaint is EXTENDED to 9/19/2019. So Ordered by Magistrate Judge Anne Y. Shields on 8/19/2019. (Mucciaccio, Dina)
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ELECTRONIC ORDER granting #13 Motion for Extension of Time to Answer. Defendant Food Gusto Inc. time to answer or otherwise respond to the Complaint is EXTEBDED to 9/19/2019. So Ordered by Magistrate Judge Anne Y. Shields on 8/19/2019. (Mucciaccio, Dina)
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| Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Complaint,,,,, by Sterling Seafood Corp.. (Cohen, Michael) |
| Filing 16 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Food Gusto Inc. served on 7/25/2019, answer due 8/15/2019. (Nohavicka, Joseph) |
| Filing 15 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Food Gusto Inc. served on 7/22/2019, answer due 8/12/2019. (Nohavicka, Joseph) |
| Filing 14 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Sterling Seafood Corp. served on 7/22/2019, answer due 8/12/2019. (Nohavicka, Joseph) |
| Filing 13 First MOTION for Extension of Time to File Answer With Consent by Food Gusto Inc.. (Galgano, Thomas) |
| Filing 12 NOTICE of Appearance by Thomas M. Galgano on behalf of Food Gusto Inc. (aty to be noticed) (Galgano, Thomas) |
| Filing 11 NOTICE of Appearance by Eleni Melekou on behalf of Unique Importer & Distributor, Inc. (aty to be noticed) (Melekou, Eleni) |
| Filing 10 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Smart Chef Supply Inc. served on 7/22/2019, answer due 8/12/2019. (Nohavicka, Joseph) |
| Filing 9 SUMMONS Returned Executed by Unique Importer & Distributor, Inc.. Palli Trading Inc. served on 7/22/2019, answer due 8/12/2019. (Nohavicka, Joseph) |
| Filing 8 Summons Issued as to A-1 Indian Grocers, Inc., Ann's International Grocers, Benghal Stores & Halal Meat, Cherians International Fresh Market LLC, Columbus Fish And Seafood LLC., Food Gusto Inc., G&G Food Mart, Inc., Global Marketing Enterprises Inc., Golden Ocean Seafood Inc., Imaex Trading Co., Kairali Foods of Glenview LLC, Kea Imported Foods, MGM Geetha Foods Inc., National Imports LLC, P&P Asian Foods, Palli Trading Inc., Seafood Wholesalers Ltd., Smart Chef Supply Inc., Sterling Seafood Corp., TT Asian Grocery, Inc., Tampa Grocery, Truong Enterprises, Inc., Zoya USA Inc.. (Ortiz, Grisel) |
| Filing 7 Proposed Summons. by Unique Importer & Distributor, Inc. (Nohavicka, Joseph) |
| Filing 6 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Flanagan, Doreen) |
| Filing 5 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. (Flanagan, Doreen) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Bowens, Priscilla) Modified on 7/9/2019 (Flanagan, Doreen). (Additional attachment(s) added on 7/9/2019: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). (Attachment 1 replaced on 7/9/2019) (Flanagan, Doreen). |
| Proposed summonses are rejected for the following reasons: the caption on each summons does not match the caption of the Complaint; specifically, if you use "et al" you must attach a rider; the Clerk's Office cannot issue the summonses with an incorrect caption, the section that reads "To: (Defendant's name and address)" has not been correctly completed (Defendants names must match the caption of the Complaint) and the date on each summons is incorrect as it is added by the Clerk's Office as of the date of issuance (please leave the date blank). Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen) |
| Filing 3 Proposed Summons. Re #1 Complaint,,,,, by Unique Importer & Distributor, Inc. (Attachments: #1 Proposed Summons Seafood Wholesalers Ltd., #2 Proposed Summons Truong Enterprises, Inc., #3 Proposed Summons P&P Asian Foods, #4 Proposed Summons Benghal Stores & Halal Meat, #5 Proposed Summons Golden Ocean Seafood, #6 Proposed Summons Tampa Grocery, #7 Proposed Summons National Imports LLC, #8 Proposed Summons G&G Food Mart, Inc., #9 Proposed Summons Columbus Fish and Seafood LLC., #10 Proposed Summons A-1 Indian Grocers Inc., #11 Proposed Summons Imaex Trading Co., #12 Proposed Summons Palli Trading Inc., #13 Proposed Summons Zoya USA Inc., #14 Proposed Summons Kea Imported Foods, #15 Proposed Summons Smart Chef Supply Inc., #16 Proposed Summons Food Gusto Inc., #17 Proposed Summons Kairali Foods of Glenview LLC, #18 Proposed Summons TT Asian Grocery Inc., #19 Proposed Summons Ann's International Grocers, #20 Proposed Summons Cherian's International Fresh Market LLC, #21 Proposed Summons MGM Geetha Foods Inc., #22 Proposed Summons Global Marketing Enterprises Inc.) (Nohavicka, Joseph) Modified on 7/9/2019 (Flanagan, Doreen). |
| Filing 2 Civil Cover Sheet.. by Unique Importer & Distributor, Inc. (Nohavicka, Joseph) Modified on 7/9/2019 (Flanagan, Doreen). |
| Filing 1 COMPLAINT Unique Importer & Distributor, Inc. against A-1 Indian Grocers, Inc., Ann's International Grocers, Benghal Stores & Halal Meat, Cherians International Fresh Market LLC, Columbus Fish And Seafood LLC., Food Gusto Inc., G&G Food Mart, Inc., Global Marketing Enterprises Inc., Golden Ocean Seafood Inc., Imaex Trading Co., Kairali Foods of Glenview LLC, Kea Imported Foods, MGM Geetha Foods Inc., National Imports LLC, P&P Asian Foods, Palli Trading Inc., Seafood Wholesalers Ltd., Smart Chef Supply Inc., Sterling Seafood Corp., TT Asian Grocery, Inc., Tampa Grocery, Truong Enterprises, Inc., Zoya USA Inc. filing fee $ 400, receipt number ANYEDC-11636060 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Unique Importer & Distributor Inc.. (Attachments: #1 Exhibit A-The Infringing Inventory, #2 Exhibit B-Purchase of the Infringing Products, #3 Exhibit C-Letters to Cease and Desist, #4 Exhibit D-Sterling's Sales of the Infringing Products, #5 Exhibit E-Online Sale of the Infringing Product, #6 Exhibit F-Neela Mark Certificate, #7 Exhibit G-Sterling's unlawful use of Neela Label, #8 Exhibit H-Sterling's orders of the Infringing Products from Singapore) (Nohavicka, Joseph) Modified on 7/9/2019 (Flanagan, Doreen). |
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