Williams v. Dupri Morris et al
| Maurice Williams |
| Mailk Dupri Morris and Swag Rag LLC |
| 2:2023cv00104 |
| January 6, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 1/31/2023. Counsel for all sides present. Motion argued. Other: For the reasons set forth on the record, the parties agree to withdraw the motion. A settlement in principle has occurred. The answer deadline is stayed pending settlement discussions. See attached for further details. (FTR Log #2:07-2:20; 2:43-2:46.) (JC) |
| Filing 13 NOTICE of Appearance by Govinda Mirabai Davis on behalf of Mailk Dupri Morris, Swag Rag LLC (aty to be noticed) (Davis, Govinda) |
| Filing 14 Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 1/24/2023. Other: For the reasons set forth on the record, Injuction hearing adjourned to 1/31/2023 at 2:00 p.m. for defendant to obtain counsel. See attached for further details. (FTR Log #2:10-2:30.) (JC) |
| Filing 12 SUMMONS Returned Executed by Maurice Williams. Mailk Dupri Morris served on 1/20/2023, answer due 2/10/2023. (Gottesman, Baruch) |
| Filing 11 SUMMONS Returned Executed by Maurice Williams. Swag Rag LLC served on 1/13/2023, answer due 2/3/2023. (Gottesman, Baruch) |
| Filing 10 AFFIDAVIT/AFFIRMATION re Order on Motion for Pre Motion Conference,,,,, Scheduling Order,,,,,,,, #9 Affidavit, with Proof of Service of the Scheduling Orders and Proof of Contact with Defendants by e-mail and telephone to notify them of the upcoming hearing by Maurice Williams (Attachments: #1 Exhibit Proof of Mailing of unnumbered Docket Entry "Order" dated 1/12/2023, #2 Exhibit Proof of Mailing of unnumbered Docket Entry "Scheduling Order" dated 1/13/2023, #3 Exhibit Proof of Contact (copy of e-mail sent to Defendants with copies of the docket entries - Affidavit describes successful follow-up phone call with Defendants to Confirm their receipt of the e-mail)) (Gottesman, Baruch) |
SCHEDULING ORDER: re #8 Letter MOTION for pre motion conference re #1 Complaint,,,, for leave to file a Motion for a Preliminary Injunction against the Defendants' ongoing infringement of the Plaintiff's Mark (USPTO Registration No. 5797087 for Swagg Rag) filed by Maurice Williams Due to a change in the Court's calendar, the pre-motion telephone conference scheduled for March 29, 2023 IS ADVANCED TO JANUARY 24, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated motion for a preliminary injunction, DE 8. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Defendants are directed to respond to DE 8 in accordance with the undersigned's individual rules by CLOSE OF BUSINESS JANUARY 20, 2023. At the conference, the Court will issue a briefing schedule if necessary.Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.COUNSEL FOR PLAINTIFF IS DIRECTED TO SERVE A COPY OF THIS ORDER AND DE 8 FORTHWITH ON EACH DEFENDANTS AS WELL AS CONTACT DEFENDANTS VIA EMAIL, TELEPHONE OR FACSIMILE TO CONFIRM NOTICE OF THE PRE-MOTION CONFERENCE AND ELECTRONICALLY FILE PROOF OF SERVICE AND CONTACT NOTICE ON THE DOCKET REPORT.Ordered by Judge Gary R. Brown on 1/13/2023. (LJ)
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| Filing 9 AFFIDAVIT/AFFIRMATION re #8 Letter MOTION for pre motion conference re #1 Complaint,,,, for leave to file a Motion for a Preliminary Injunction against the Defendants' ongoing infringement of the Plaintiff's Mark (USPTO Registration No. 5797087 for Swagg Rag) by Maurice Williams (Gottesman, Baruch) |
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ORDER granting #8 Motion for Pre Motion Conference A pre-motion telephone conference is scheduled for March 29, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated motion for a preliminary injunction, DE 8. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Defendants are directed to respond to DE 8 in accordance with the undersigned's individual rules by January 27, 2023. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 1/12/2023. (LJ)
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| Filing 8 Letter MOTION for pre motion conference re #1 Complaint,,,, for leave to file a Motion for a Preliminary Injunction against the Defendants' ongoing infringement of the Plaintiff's Mark (USPTO Registration No. 5797087 for Swagg Rag) by Maurice Williams. (Gottesman, Baruch) |
| Filing 7 Summons Issued as to All Defendants. (Attachments: #1 Summons #2) (CL) |
| Filing 6 Notice of Report on the filing of an action regarding Trademark. (Attachments: #1 Complaint) (CL) |
| 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. (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (CL) |
| Filing 4 Proposed Summons. Re #1 Complaint,,,, by Maurice Williams (Gottesman, Baruch) |
| Filing 3 Proposed Summons. Re #1 Complaint,,,, by Maurice Williams (Gottesman, Baruch) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,,,, by Maurice Williams (Gottesman, Baruch) |
| Filing 1 COMPLAINT against Maurice Williams filing fee $ 402, receipt number ANYEDC-16285784 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Maurice Williams. (Attachments: #1 Exhibit Statusplusfashion.com landing page, #2 Exhibit Swagg Rags TEAS Application, #3 Exhibit Swagg Rags USPTO Listing, #4 Exhibit Swag Rag LLC Listing with New York Department of State, #5 Exhibit blackpagesMiami with history of the Mark, #6 Exhibit Swagwagmerch.com landing page, #7 Exhibit Swag Rag TEAS Application, #8 Exhibit Nonfinal Office Action rejection Pirate Application Submitted by Defendants, #9 Exhibit Final Office Action, #10 Exhibit swagrag.com landing page, #11 Exhibit swagrag.com instagram page, #12 Exhibit Cease and Desist 12.02.2022, #13 Exhibit Service of Process of the Notice to Cease and Desist, #14 Exhibit Instragram Conversation acknowledging receipt of Notice to Cease and Desist, #15 Exhibit Final Demand Letter to Defendants before Filing Suit 12.26.2022) (Gottesman, Baruch) |
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