Element Works USA, LLC et. al. v. Shemia et. al.
Plaintiff: Mobile Tech Works, E. Works, LLC, Elements Works USA, LLC, Sam Chera, Element Works USA, LLC and E. Works LLC
Defendant: Solomon Shemia, A&J Home Care, Inc., Steve Shemia, Home Health Care Services of NY, Inc. and Home Health Care Services of NY, Inc. a New York Corporation doing business as HCS Home Care
Case Number: 2:2019cv05268
Filed: September 16, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Sanket J Bulsara
Referring Judge: Eric N Vitaliano
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2019 Filing 20 RESPONSE in Opposition re #13 MOTION for pre motion conference re #1 Complaint, for motion to dismiss complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Ahrens, Gregory)
November 6, 2019 Filing 19 NOTICE of Appearance by Charles D. Pfister on behalf of All Plaintiffs (aty to be noticed) (Pfister, Charles)
November 6, 2019 Filing 18 NOTICE of Appearance by Gregory Ahrens on behalf of Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works (notification declined or already on case) (Ahrens, Gregory)
November 4, 2019 Opinion or Order Filing 17 SCHEDULING ORDER: An in-person initial conference will be held at 11:30AM on 1/31/2020 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/31/2020. 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 11/4/2019. (Manson, Eddie)
November 4, 2019 Opinion or Order ORDER: In light of the supplemental submissions #15 #16 , the motions for leave to appear pro hac vice #9 #10 are granted. The attorneys shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorneys shall each file a notice of appearance and ensure that they each receive electronic notification of activity in this case. Also, the attorneys shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/4/2019. (Ferrara, Anthony)
November 1, 2019 Filing 16 NOTICE by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works re #11 Order,, Revised Notice of Motion to Admit Charles D. Pfister Pro Hac Vice (Ahrens, Gregory)
November 1, 2019 Filing 15 NOTICE by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works re #11 Order,, Revised Notice of Motion to Admit Counsel Pro Hac Vice (Ahrens, Gregory)
October 31, 2019 Filing 14 NOTICE of Appearance by Diana Uhimov on behalf of All Defendants (aty to be noticed) (Uhimov, Diana)
October 31, 2019 Filing 13 MOTION for pre motion conference re #1 Complaint, for motion to dismiss complaint by A&J Home Care, Inc., Home Health Care Services of NY, Inc., Solomon Shemia. (Fortuna, Nicholas)
October 31, 2019 Filing 12 NOTICE of Appearance by Nicholas J. Fortuna on behalf of All Defendants (aty to be noticed) (Fortuna, Nicholas)
October 18, 2019 Opinion or Order Filing 11 ORDER deferring ruling on #9 and #10 Motions for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires that an attorney seeking to be admitted pro hac vice must also state in the affidavit whether he/she has been the subject of a disciplinary sanction or criminal conviction. The attorneys are directed to file revised affidavits forthwith. A form affidavit is attached to this Order. Counsel shall use the event titled "Notice Other" on ECF to file their revised affidavits. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/18/2019. (Ferrara, Anthony)
October 16, 2019 Filing 10 MOTION to Appear Pro Hac Vice Charles D. Pfister Filing fee $ 150, receipt number ANYEDC-11949376. by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works. (Attachments: #1 Exhibit Certificate of Good Standing) (Ahrens, Gregory)
October 16, 2019 Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11949282. by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works. (Attachments: #1 Exhibit Certificates of Good Standing) (Ahrens, Gregory)
September 23, 2019 Filing 8 Summons Issued as to A&J Home Care, Inc., Home Health Care Services of NY, Inc., Solomon Shemia. (Attachments: #1 Summons-A&J Home Care, Inc., #2 Summons-Home Health Care Services of NY, Inc. d/b/a HCS Home Care) (Flanagan, Doreen)
September 23, 2019 Filing 7 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Complaint, #2 Exhibits) (Flanagan, Doreen)
September 23, 2019 Filing 6 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)
September 23, 2019 Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. 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)
September 19, 2019 Filing 5 Civil Cover Sheet.. by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works (Botton, Michael) Modified on 9/23/2019 (Flanagan, Doreen).
September 19, 2019 Filing 4 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine)
September 19, 2019 Filing 3 Proposed Summons. Re #1 Complaint, by Sam Chera, E. Works LLC, Element Works USA, LLC, Mobile Tech Works (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Davis, Kimberly) Modified on 9/23/2019 (Flanagan, Doreen).
September 19, 2019 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 9/23/2019 (Flanagan, Doreen). (Additional attachment(s) added on 9/23/2019: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen).
September 19, 2019 Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
September 19, 2019 NOTICE re #2 Quality Control Check - Attorney Case Opening :Due to the amount of errors made when filing this case, Plaintiff counsel is advised to refer to the Attorney Case Opening Video Tutorial/Manual before filing another case electronically. (Davis, Kimberly)
September 16, 2019 Filing 1 COMPLAINT against A&J Home Care, Inc., Home Health Care Services of NY, In.c d/b/a HCS Home Care, Solomon Shemia filing fee $ 400, receipt number BNYEDC-11851913 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Sam Chera, Mobile Tech Works, Inc, E. Works, LLC, Elements Works USA, LLC. (Attachments: #1 Exhibit) (Botton, Michael)

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Defendant: Solomon Shemia
Represented By: Diana Uhimov
Represented By: Nicholas J. Fortuna
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Defendant: A&J Home Care, Inc.
Represented By: Diana Uhimov
Represented By: Nicholas J. Fortuna
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Defendant: Steve Shemia
Represented By: Diana Uhimov
Represented By: Nicholas J. Fortuna
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Defendant: Home Health Care Services of NY, Inc.
Represented By: Diana Uhimov
Represented By: Nicholas J. Fortuna
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Defendant: Home Health Care Services of NY, Inc. a New York Corporation doing business as HCS Home Care
Represented By: Nicholas J. Fortuna
Represented By: Diana Uhimov
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Plaintiff: Mobile Tech Works
Represented By: Michael Botton
Represented By: Gregory Ahrens
Represented By: Charles D. Pfister
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Plaintiff: E. Works, LLC
Represented By: Michael Botton
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Plaintiff: Elements Works USA, LLC
Represented By: Michael Botton
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Plaintiff: Sam Chera
Represented By: Michael Botton
Represented By: Gregory Ahrens
Represented By: Charles D. Pfister
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Plaintiff: Element Works USA, LLC
Represented By: Gregory Ahrens
Represented By: Michael Botton
Represented By: Charles D. Pfister
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Plaintiff: E. Works LLC
Represented By: Gregory Ahrens
Represented By: Michael Botton
Represented By: Charles D. Pfister
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