Melwani v. Kiss Nail Products, Inc. et al
| Prakash Melwani |
| Kiss Nail Products, Inc., AST Systems, LLC, Peter Criss and David Chung |
| 2:2023cv06837 |
| September 15, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 Mail Returned as Undeliverable. Docket sheet and Pro Se Filing Account Procedures form sent to Prakash Melwani at Bio Global LTD. 163 Amsterdam Avenue Suite 1122 NY NY 10023 marked as return to sender, not deliverable as addressed, unable to forward. (JC) |
ORDER granting #17 Motion for Extension of Time to Answer. Defendants' time within which to respond to the complaint is hereby extended to and including 11/11/2023. Ordered by Magistrate Judge James M. Wicks on 10/3/2023. (Wicks, James)
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| Filing 17 Second MOTION for Extension of Time to File Answer by Prakash Melwani. (Melwani, Prakash) |
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ORDER granting #3 Motion for Leave to Allow Pro Se to Electronically File. Before the Court is the application of plaintiff Prekash Melwani, acting pro se, seeking permission to utilize the Courts electronic filing system (ECF). Docket Entry (DE) 3. Given Plaintiffs representations that he is an experienced ECF practitioner, who know[s] how to convert a document to a PDF-A format, and has regular access to the technical requirements necessary to e-file successfully," the Court grants the application. However, Plaintiff is on notice that the electronic filing privilege is subject to revocation should Plaintiff abuse it. Further, Plaintiff is reminded, as he has acknowledged in his application, once he registers for e-filing, he will receive notices and documents only by e-mail for this case and not by regular mail and that he must file his documents electronically and [he] may not submit documents to the [Court] for scanning and docketing." The pro se party shall register for ECF, registration is available online at www.pacer.gov.The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff at his address of record. Ordered by Judge Gary R. Brown on 9/19/2023. (MR)
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| Incorrect Case/Document/Entry Information. Docket entry number 17 was deleted as a duplicate filing of docket entry number 15. (DC) |
| Filing 16 Notice of Report on the filing of an action regarding a Patent or Trademark. (DC) |
| Filing 15 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. (DC) |
| Filing 14 Case transferred in from District of New York Southern; Case Number 1:23-cv-06976. Original file certified copy of transfer order and docket sheet received. |
| MOTION for leave to allow Pro Se to Electronically File see document #3 Motion for Permission of Prakash Melwani to participate in electronic case filing in this case by Prakash Melwani. (DC) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(yv) [Transferred from New York Southern on 9/18/2023.] |
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Filing 13
ORDER. Accordingly, and for the reasons discussed in the Courts August 16, 2023 Order, see ECF No. 4, at 2-3, this case is hereby TRANSFERRED, pursuant to 28 U.S.C. 1404(a), to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer the case and to close it in this Court. Plaintiff shall direct all future requests for extensions of filing deadlines to the judge assigned to this matter in the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/8/23) (yv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/18/2023.]
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Kiss Nail Products, Inc. served on 8/10/2023, answer due 8/31/2023. Service was accepted by Catherine Shin, Junior in house counsel. Document filed by Prakash Melwani. (sc) [Transferred from New York Southern on 9/18/2023.] |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Peter Criss; served on 8/10/2023, answer due 8/31/2023. Service was accepted by Catherine Shin, Junior in house counsel. Document filed by Prakash Melwani. (sc) [Transferred from New York Southern on 9/18/2023.] |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. AST Systems, LLC served on 8/10/2023, answer due 8/31/2023. Service was accepted by Catherine Shin, Junior in House Counsel. Document filed by Prakash Melwani. (sc) [Transferred from New York Southern on 9/18/2023.] |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. David Chung, served on 8/10/2023, answer due 8/31/2023. Service was accepted by Catherine Shin, Junior in house counsel. Document filed by P. Melwani. (sc) [Transferred from New York Southern on 9/18/2023.] |
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter proposed deadline to reply to the Complaint, filed by Prakash Melwani. ENDORSEMENT: Plaintiff filed this letter -- which requests an extension of the Defendants' deadline to file their Answer -- as his response to the Court's Order to Show Cause dated August 16, 2023. See ECF No. 6. Assuming this was done in error, Plaintiff must file his response to the Court's Order by September 4, 2023. As for Plaintiff's request for an extension, the Court notes that Plaintiff has yet to file a proof of service. Plaintiff is reminded that he has until November 6, 2023 to effect service upon Defendants. SO ORDERED., ( Service due by 11/6/2023.) (Signed by Judge Jesse M. Furman on 8/31/23) (yv) [Transferred from New York Southern on 9/18/2023.]
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| Filing 7 LETTER addressed to Judge Jesse M. Furman from P. Melwani, dated 8/28/23 re: "LETTER MOTION TO EXTEND DEFENDANT'S DEADLINE FOR RESPONSE TO COMPLAINT" - Accordingly, the parties ask the Court to set 10/2/23 as the proposed deadline to reply to the Complaint instead of the original deadline of 9/1/23. Document filed by Prakash Melwani.(sc) [Transferred from New York Southern on 9/18/2023.] |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE, re: #4 Order to Show Cause. Document filed by Prakash Melwani. (sc) (Main Document 6 replaced on 9/1/2023) (sac). [Transferred from New York Southern on 9/18/2023.] |
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Filing 5
MEMO ENDORSED ORDER granting #3 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. SO ORDERED. The Clerk is directed to terminate ECF No. 3. (Signed by Judge Jesse M. Furman on 8/21/23) (yv) [Transferred from New York Southern on 9/18/2023.]
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Filing 4
ORDER TO SHOW CAUSE: No later than August 30, 2023, Plaintiff shall show cause in writing why this case should not be transferred to the United States District Court for the Eastern District of New York. Failure to show good cause by that date may result in the Court transferring this case to the Eastern District of New York without further notice. If Plaintiff files anything, Defendants may respond within two weeks of his submission. (Signed by Judge Jesse M. Furman on 8/16/2023) (tro) [Transferred from New York Southern on 9/18/2023.]
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| Filing 3 MOTION for Permission for Prakash Melwani to participate in electronic case filing in this case. Document filed by Prakash Melwani. (sac) [Transferred from New York Southern on 9/18/2023.] |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Prakash Melwani consents to receive electronic service via the ECF system. Document filed by Prakash Melwani. (sac) [Transferred from New York Southern on 9/18/2023.] |
| Filing 1 COMPLAINT against AST Systems, LLC, David Chung, Peter Criss, Kiss Nail Products, Inc. (Filing Fee $ 402.00, Receipt Number 19525)Document filed by Prakash Melwani. (sac) [Transferred from New York Southern on 9/18/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 9/18/2023.] |
| SUMMONS ISSUED as to AST Systems, LLC, David Chung, Peter Criss, Kiss Nail Products, Inc. (sac) [Transferred from New York Southern on 9/18/2023.] |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 9/18/2023.] |
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