STP Atlantic LLC v. STP North America LLC
| STP Atlantic LLC |
| STP North America LLC |
| 1:2023cv00427 |
| April 5, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Patent |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 Report on the Filing and Determination of an Action regarding patent and/or trademark number US D963,206 S. (sal) |
| Filing 12 NOTICE of Voluntary Dismissal by STP Atlantic LLC (Rosenberg, Mark) |
| Set Deadlines as to #7 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order filed by STP Atlantic LLC. Response to Motion due by 5/2/2023. Reply to Response to Motion due by 5/9/2023. (sal ) |
| ***Answer due date updated for STP North America LLC answer due 5/2/2023. (sal ) |
| Filing 11 CERTIFICATE OF SERVICE by STP Atlantic LLC re 9 Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for TRO,,,,,,,, #1 Complaint, #7 Emergency MOTION for Preliminary Injunction filed by STP Atlantic LLC. Motion returnable before Judge Glenn T. Suddaby, USDJEmergency MOTION for Temporary Restraining Order (Rosenberg, Mark) |
| Filing 10 NOTICE OF APPEARANCE by Mark J. Rosenberg on behalf of STP Atlantic LLC (Rosenberg, Mark) |
| Filing 9 TEXT ORDER denying #7 Plaintiff's application for an Order to Show Cause under Local Rule 65.1 and 7.1(e), and reserving decision on #7 Plaintiff's motion for a Temporary Restraining Order and #7 its motion for a Preliminary Injunction pending the completion of briefing on each. Plaintiff's application for an Order to Show Cause is unsupported by an affidavit clearly and specifically showing good and sufficient cause why the standard Notice of Motion procedure (i.e., advanced notice, 21 days for an opposition, and 7 days for a reply) cannot be used with regard to the underlying motion for a Temporary Restraining Order, as required by Local Rule 7.1(e). (Dkt. No. 8, at Paragraph 3; Dkt. No. 7, Attach. 1.) In addition, Plaintiff's application for an Order to Show Cause is unsupported by a detailed and specific affidavit demonstrating good cause why it cannot give reasonable advanced notice of the application for an Order to Show Cause to Defendant, and substantial prejudice that would result from the requirement of such reasonable advanced notice, as also required by Local Rule 7.1(e). (Id.) As a result, Plaintiff is directed to serve Defendant with a copy of its Complaint, motion papers and this Text Order. Defendant's response papers are due within 21 days of Plaintiff's filing of a Certificate of Service of its Complaint and motion papers; and Plaintiff's reply papers are due within 7 days after the filing of Defendant's response papers. The Court shall thereafter schedule a hearing on Plaintiff's motion for a Temporary Restraining Order (and thereafter a hearing on its motion for a Preliminary Injunction, unless the parties agree to consolidate those hearings). Within 3 days of the filing of Plaintiff's reply papers, each party must file a letter advising the Court of the extent to which, at the hearing, it intends to adduce evidence through live witness testimony and exhibits or it intends to offer only oral argument (in which case it would rely on the declarations and exhibits adduced in its motion papers). SO ORDERED by U.S. District Judge Glenn T. Suddaby on 4/10/23.(kee) |
| Filing 8 AFFIDAVIT re #7 Emergency MOTION for Preliminary Injunction filed by STP Atlantic LLC. Motion returnable before Judge Glenn T. Suddaby, USDJEmergency MOTION for Temporary Restraining Order (Declaration of Mark J. Rosenberg) by STP Atlantic LLC. (Lomuscio, Richard) |
| Filing 7 Emergency MOTION for Preliminary Injunction filed by STP Atlantic LLC. Motion returnable before Judge Glenn T. Suddaby, USDJ, Emergency MOTION for Temporary Restraining Order by STP Atlantic LLC. (Attachments: #1 Declaration Declaration with Exhibits of Kudrat Rakhimoff, #2 Declaration Declaration with Exhibits of Mark J. Rosenberg, #3 Memorandum of Law Plaintiff's Memorandum of Law in Support of Application for TRO and PI)(Lomuscio, Richard) |
| Filing 6 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 963,206 S. (khr) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Mark Rosenberg, Email address is mrosenberg@tarterkinsky.com. Phone number is 212-216-8000. Admissions due by 4/20/2023. (khr)Emailed a copy to attorney along with a copy of the General Order #25) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/5/2023 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/28/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 3 Summons Issued as to STP North America LLC. (khr) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by STP Atlantic LLC. (khr) |
| Filing 1 COMPLAINT WITH JURY DEMAND against STP North America LLC (Filing fee $402 receipt number ANYNDC-6253133) filed by STP Atlantic LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(khr) |
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| Plaintiff: STP Atlantic LLC | |
| Represented By: | Richard Lomuscio |
| Represented By: | Mark J. Rosenberg |
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| Defendant: STP North America LLC | |
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