Live Nation Merchandise, Inc. v. John Does 1-5 et al
| Live Nation Merchandise, Inc. |
| John Does 1-5, XYZ Company and Jane Does 1-4 |
| 1:2018cv00580 |
| May 16, 2018 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on June 29, 2018. A more recent docket listing may be available from PACER.
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Filing 22
TEXT ORDER: Court has reviewed status report (Dkt. No. #21 ) regarding service of complaint and preliminary injunction. The Rule 16 conference scheduled for 8/14/2018 and related deadlines are adjourned without new date at this time. Plaintiff to file further status report regarding any further service of complaint and preliminary injunction, along with information regarding the expected end date of the subject concert tour, by 8/31/2018. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/29/2018. (sg)
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| Filing 21 STATUS REPORT by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit(s) A - Proofs of Service)(Burns, Cara) |
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Filing 20
TEXT ORDER: In light of the preliminary injunction (Dkt. No. #19 ), plaintiff to file a status report on identification of Doe defendants by 6/29/2018. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/8/2018. (sg)
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Filing 19
PRELIMINARY INJUNCTION & SEIZURE ORDER. Signed by Senior Judge Lawrence E. Kahn on May 30, 2018. (sas)
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| Filing 18 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Show Cause Hearing held on 5/30/2018 re #10 Order on Motion for TRO. Judge Kahn presents clarifying questions as to range of TRO, music groups involved & previous - recent concerts. Judge Kahn inquires as to why there are so few shirts seized. Per Ms. Burns, Bootleggers only bring in what they carry. Therefore, only several shirts are seized at a time. The bootleg merchandise will be held until the end of the tour. At that time, the plaintiff will request that the case be dismissed. A proposed order shall be reviewed & singed shortly. Appearances: Cara Burns, only. (Court Reporter L. Tennyson & CRD S. Snyder) (sas) |
| Filing 17 AFFIDAVIT in Support re #5 Emergency MOTION for Temporary Restraining Order ; For Preliminary Injunction and Seizure Order to Issue filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit(s) A - Proposed Order, #2 Exhibit(s) B - Infringing Goods Seized, #3 Exhibit(s) C - POS)(Burns, Cara) |
| Filing 16 NOTICE of Appearance by Cara Burns on behalf of Live Nation Merchandise, Inc. (Burns, Cara) |
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Filing 15
TEXT ORDER granting #11 Motion for Limited Admission Pro Hac Vice of Cara R. Burns, Esq. for Live Nation Merchandise, Inc. Counsel is directed to follow the directives in this text order and file their notice of appearance as soon as possible Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/23/2018. (sg)
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| Set Deadlines/Hearings: Show Cause Hearing is reset for 5/30/2018 11:30 AM in Albany before Senior Judge Lawrence E. Kahn. The time of proceeding adjusted at the request of the Court. (sas) |
| Filing 14 Supplemental Admission documents re: #11 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Exhibit(s) Amended Exhibit D Certificate of Good Standing)(Goldberg, Marc) |
| Notice of Filing Deficiency re: #11 Motion for Limited Admission Pro Hac Vice of Cara R. Burns. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 13
AMENDED TEMPORARY RESTRAINING ORDER and ORDER TO SHOW CAUSE. Show Cause Hearing is reset for 5/30/2018 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Show Cause Response due by 5/28/2018. Any Reply due by 5/29/18. Signed by Senior Judge Lawrence E. Kahn on May 18, 2018. (sas)
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| Filing fee: $ 500.00, receipt number ALB010989 for bond pursuant to Temporary Restraining Order dated 5/16/2018 [Dkt. No. 10] (khr) |
| Filing 12 MOTION Continue hearing date for OSC re #10 Order on Motion for TRO, filed by Live Nation Merchandise, Inc.. (Attachments: #1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Goldberg, Marc) |
| Filing 11 MOTION for Limited Admission Pro Hac Vice of Cara R. Burns Filing fee $100, receipt number ANYNDC-4389265. filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit(s) Petition, #2 Exhibit(s) Affidavit of Sponsor, #3 Exhibit(s) Registration form, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) Oath of Admission, #6 Exhibit(s) Proposed Order) Motions referred to Therese Wiley Dancks. (Goldberg, Marc) |
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Filing 10
TEMPORARY RESTRAINING ORDER and ORDER TO SHOW CAUSE granting #5 Motion for TRO. Show Cause Hearing is set for 5/23/2018 at 11:30 AM in Albany before Senior Judge Lawrence E. Kahn. Show Cause Response due by 5/21/2018. Any Reply due by 5/22/18. Signed by Senior Judge Lawrence E. Kahn on May 16, 2018. (sas)
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| Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Live Nation Merchandise, Inc. identifying Corporate Parent Live Nation Entertainment, Inc. for Live Nation Merchandise, Inc... (Goldberg, Marc) |
| Filing 8 AFFIDAVIT re #5 Emergency MOTION for Temporary Restraining Order , FRCP Rule 65 Certificate of Counsel of Cara R. Burns by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit(s) Prior DL Orders, #2 Exhibit(s) Prior State Orders, #3 Exhibit(s) Prior Other Orders)(Goldberg, Marc) |
| Filing 7 AFFIDAVIT re #5 Emergency MOTION for Temporary Restraining Order by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit(s) Exhibit A to Declaration of Weber)(Goldberg, Marc) |
| Filing 6 MEMORANDUM OF LAW re #5 Motion for TRO filed by Live Nation Merchandise, Inc.. (Goldberg, Marc) |
| Filing 5 Emergency MOTION for Temporary Restraining Order by Live Nation Merchandise, Inc.. (Attachments: #1 Proposed Order/Judgment)(Goldberg, Marc) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT: as to Party Live Nation Merchandise, Inc.; Attorney Cara R. Burns, Esq., Email address is cburns@hmkblawyers.com. Phone number is 310-314-1721. Admissions due by 5/30/2018. {Copy sent electronically to Attorney Burns by email.} (jmb) |
| Filing 3 Report on the Filing of an Action regarding Trademark numbers 3147174, 3167116, 2340115, 2380436, 3069812, 3000420, 3069813 and 3000421. (jmb) Modified on 5/16/2018 to correct docket text to add additional Trademark numbers. (jmb) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 8/14/2018 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/7/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 1 COMPLAINT: against John Does 1-5, Jane Does 1-4 and XYZ Company (Filing fee $400 receipt number ANYNDC-4387684) filed by Live Nation Merchandise, Inc. (Attachments: #1 Civil Cover Sheet) (jmb) |
| TEXT NOTICE: Although the plaintiff herein has named John Does 1-5, Jane Does 1-4 and XYZ Company in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against those defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (jmb) |
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