Alastin Skincare, Inc. v. Derm Expo & Management Inc. et al
| Alastin Skincare, Inc. |
| Derm Expo & Management Inc. and Cosmetiquebeautybar Inc. |
| 2:2022cv04921 |
| August 19, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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STATUS REPORT ORDER: The parties shall file a status report by October 31, 2022. Ordered by Judge Joan M. Azrack on 10/3/2022. (SP)
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| Filing 27 STATUS REPORT by Alastin Skincare, Inc. (Nickerson, Morgan) |
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ELECTRONIC SCHEDULING ORDER: The Court will hold an initial conference on 11/3/2022 at 9:30 a.m. in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722-4438. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 9/12/2022. (Baron, Corey)
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| Filing 26 ANSWER to #5 Amended Complaint by All Defendants. (Winograd, Corey) |
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Filing 25
ORDER re #22 Motion for TRO. IT IS HEREBY ORDERED THAT (A) Defendants Derm Expo & Management Inc. and COSMETIQUEBEAUTYBAR Inc. (collectively, "Defendants"); (B) their officers, agents, employees, and representatives; and (C) all persons who are in active concert or participation with the persons described in (A) or (B), are temporarily enjoined from advertising, selling, or taking any steps to sell, any of Alastin's "Restorative Neck Complex" products until further order of this Court. IT IS HEREBY FURTHER ORDERED THAT adjudication and further briefing of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction is stayed pending a further teleconference between the Court and the parties. The parties shall file a joint status report 30 days from the date of this Order. ORDERED this 31st day of August, 2022 by Judge Joan M. Azrack on 8/31/2022. (Coleman, Laurie)
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| Filing 24 Proposed Pretrial Order REGARDING MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Alastin Skincare, Inc. (Nickerson, Morgan) |
| Filing 23 MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for TRO HEARING held on 8/31/2022 re #22 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Alastin Skincare, Inc. Counsel for Plaintiff: Morgan Nickerson. Counsel for Defendants: Corey Winograd, Maksim Nemtsev. Case called. Counsel present for all sides. Other: By September 1, 2022, the parties are to submit a proposed order, modified as discussed during the hearing, for Judge Azracks review. (Coleman, Laurie) |
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SCHEDULING ORDER: A telephone conference before Judge Joan M. Azrack is set for Wednesday, August 31, 2022 at 12:00 PM. Parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 8/30/2022. (Patterson, Samuel)
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ORDER granting DE #21 Motion for Leave to Appear Pro Hac Vice. Morgan T. Nickerson (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 the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 8/30/2022. (Baron, Corey)
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| Filing 22 MOTION for Temporary Restraining Order and Preliminary Injunction by Alastin Skincare, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support, #3 Proposed Order) (Nickerson, Morgan) |
| Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15886361. by Alastin Skincare, Inc.. (Attachments: #1 Affidavit in Support of Morgan T. Nickerson's Motion to Appear Pro Hac Vice, #2 Maine Certificate of Good Standing, #3 Massachusetts Certificate of Good Standing, #4 Proposed Order, #5 Certificate of Service) (Nickerson, Morgan) |
| Filing 20 NOTICE of Appearance by Corey M. Winograd on behalf of All Defendants (aty to be noticed) (Winograd, Corey) |
| Filing 19 NOTICE of Appearance by Priya Chadha on behalf of Alastin Skincare, Inc. (aty to be noticed) (Chadha, Priya) |
| Filing 18 Notice of Report on the filing of an action regarding a Patent or Trademark. (Cox, Dwayne) |
| The case of Alastin Skincare, Inc. v. Derm Expo & Management Inc. et al, has been transferred from United States District Court District of Massachusetts to the Eastern District of New York. The new case number is 22-cv-04921-JMA-LGD. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cox, Dwayne) |
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ELECTRONIC SCHEDULING ORDER: An initial conference will be held on 10/7/2022 at 02:00 p.m. before Magistrate Judge Lee G. Dunst via the Court's video Zoom. The Court will email the Zoom invitation closer to the conference date. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website. Ordered by Magistrate Judge Lee G. Dunst on 8/22/2022. (Baron, Corey)
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| 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. (Cox, Dwayne) |
| Filing 16 Case transferred in from District of Massachusetts; Case Number 1:22-cv-11071. Original file certified copy of transfer order and docket sheet received. |
| Filing 15 Case electronically transferred to the Eastern District of New York;. Original file with documents numbered 1-14, certified copy of transfer order and docket sheet sent to Clerk in that district. (Lara, Miguel) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 14 District Judge Angel Kelley: ORDER APPROVING STIPULATION TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK entered. (Lara, Miguel) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 13 STIPULATION TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK by Alastin Skincare, Inc.. (Nickerson, Morgan) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 12 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING re #11 Assented to MOTION for Extension of Time to August 19, 2022 to File Answer.COSMETIQUEBEAUTYBAR INC, Derm Expo & Management Inc. answer due 8/19/2022. (Lara, Miguel) Modified on 8/5/2022 to modify docket text. (Lara, Miguel). [Transferred from Massachusetts on 8/19/2022.] |
| Filing 11 Assented to MOTION for Extension of Time to August 19, 2022 to File Answer by COSMETIQUEBEAUTYBAR INC., Derm Expo & Management Inc..(Nemtsev, Maksim) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 10 NOTICE of Appearance by Maksim Nemtsev on behalf of COSMETIQUEBEAUTYBAR INC., Derm Expo & Management Inc. (Nemtsev, Maksim) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 9 AFFIDAVIT OF SERVICE Executed by Alastin Skincare, Inc.. All Defendants. Acknowledgement filed by Alastin Skincare, Inc.. (Attachments: #1 Proof of Service - Derm Expo & Management, #2 Proof of Service - COSMETIQUEBEAUTYBAR)(Brodsky, Jack)[Transferred from Massachusetts on 8/19/2022.] |
| Filing 8 Summons Issued as to COSMETIQUEBEAUTYBAR INC.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lara, Miguel) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 7 District Judge Angel Kelley: ELECTRONIC ORDER entered. Plaintiffs #6 Motion for Alternative Service of Process is GRANTED. Plaintiff may serve process on Defendants through Amazons electronic mail service. Service must otherwise comply with the Federal Rules of Civil Procedure and the Local Rules. (Pacho, Arnold) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 6 MOTION FOR ALTERNATIVE SERVICE OF PROCESS by Alastin Skincare, Inc.. (Attachments: #1 Affidavit of Non-Service of Derm Expo & Management, #2 Affidavit of Non-Service of COSMETIQUEBEAUTYBAR, #3 State Court Order, #4 State Court Order, #5 State Court Order)(Brodsky, Jack) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 5 AMENDED COMPLAINT against Cosmeticbeautybar Inc., Derm Expo & Management Inc., filed by Alastin Skincare, Inc..(Brodsky, Jack) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 4 Summons Issued as to Cosmeticbeautybar Inc., Derm Expo & Management Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Finn, Mary) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Nickerson, Morgan) [Transferred from Massachusetts on 8/19/2022.] |
| Filing 1 COMPLAINT against Cosmeticbeautybar Inc., Derm Expo & Management Inc. Filing fee: $ 402, receipt number AMADC-9396923 (Fee Status: Filing Fee paid), filed by Alastin Skincare, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Nickerson, Morgan) [Transferred from Massachusetts on 8/19/2022.] |
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