Footing First LLC et al v. North Brook Farms LLC et al
| Karen Leeming, Footing First LLC and Lawton Adams |
| Peter Kyle, IGK Equestrian LLC, North Brook Farms LLC, John Doe 1-10, Carolyn Kyle and North Brook Farms Inc. |
| 5:2017cv01284 |
| November 22, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| XX US, Outside State |
| Andrew T Baxter |
| Thomas J McAvoy |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2018. A more recent docket listing may be available from PACER.
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| Filing 41 TEXT ORDER: An IN PERSON Settlement Conference is set for 2/8/2018 at 10:00 AM in Syracuse before U.S. Magistrate Judge Andrew T. Baxter. Appropriate representatives for all parties shall be present. To the extent the parties wish to submit settlement statements, the clerk is directed to e-mail a settlement conference statement to the parties, which may be completed and sent to the court via e-mail at NYND_ATB_ECF_Notices@nynd.uscourts.gov and Nicole_Eallonardo@nynd.uscourts.gov by 12:00 p.m. on 2/2/2018. The statements need not be exchanged by the parties. The statements must NOT be electronically filed with the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/9/2018. (nmk) |
| Filing 40 ANSWER to #36 Amended Complaint with Certificate of Service by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms Inc..(Nocilly, David) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 1/4/2018 before U.S. Magistrate Judge Andrew T. Baxter: Parties advise that a settlement conference would be productive in this case. The clerk is directed to provide counsel with proposed dates for a conference. Pretrial deadlines will be addressed, if necessary, after a settlement conference is held. Counsel may submit a proposed protective order for the court's consideration. Appearances: John Cook, Esq. for plaintiff; David Nocilly, Esq. for defendants. (Time: 1:30 PM - 1:39 PM) (nmk) |
| Filing 39 Summons Issued as to North Brook Farms Inc. (see) |
| Filing 38 NOTICE of Appearance by John D. Cook on behalf of Footing First LLC (Cook, John) |
| Filing 37 CIVIL CASE MANAGEMENT PLAN by Footing First LLC. (Cook, John) |
| Filing 36 AMENDED COMPLAINT against IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms Inc. filed by Footing First LLC.(Cook, John) |
| ***Answer due date updated for IGK Equestrian LLC answer due 1/10/2018; Carolyn Kyle answer due 1/10/2018; Peter Kyle answer due 1/10/2018. (see) |
| Filing 35 ANSWER to #1 Complaint, with Certificate of Service by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC.(Nocilly, David) |
| Filing 34 TEXT ORDER: granting the #33 request for an extension of time. The deadline for IGK Equestrian LLC, Carolyn Kyle, Peter Kyle and North Brook Farms LLC to respond to the complaint is extended to 12/11/2017. The joint civil case management plan must be filed and mandatory disclosures are to be exchanged by the parties on or before 12/27/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 conference set for 12/19/2017 is RESCHEDULED to 1/4/2018 at 1:30 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/29/2017. [Copy served upon Attorney Pusey via email.] (nmk) |
| Filing 33 STATUS REPORT and Letter request regarding proposed answer deadline agreed to by the parties by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Nocilly, David) Modified on 11/29/2017 to clarify docket text and event. (nmk) |
| Filing 32 TEXT ORDER: According to the Southern District of New York's docket, which was transferred to this district electronically on 11/22/2017, the deadline for defendants to respond to plaintiffs' complaint expired on 10/19/2017. The docket does not reflect such a filing, or an extension of that deadline. Defendants are directed to file a status report with respect to their answer deadline by 12/4/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/27/2017. (mae) |
| Filing 31 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 86-943,453; 86-943,420; US 8,889,777 B2. (amt) |
| Filing 30 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 12/19/2017 at 11:30 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/12/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (amt) [Atty Pusey served via email] |
| Filing 29 NOTICE of Admission Requirement as to Plaintiffs: Attorney Noah L. Pusey, Esq., Email address is nlp@puselylaw.com. Phone number is 631-424-6622. Admissions due by 12/6/2017. (amt) [Atty Pusey served a copy via email] |
| Filing 28 Case transferred in from District of New York Southern; Case Number 7:17-cv-07152. electronically transferred when case opened |
Filing 27
ORDER: It is hereby ORDERED that this case be transferred to the United States District Court for the Northern District of New York. Because the parties consent, the provisions of Local Rule 83.1 are waived. (Signed by Judge Cathy Seibel on 11/20/2017) (mro) [Transferred from New York Southern on 11/22/2017.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (mro) [Transferred from New York Southern on 11/22/2017.] |
| Filing 26 NOTICE OF APPEARANCE by David L. Nocilly on behalf of IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Nocilly, David) [Transferred from New York Southern on 11/22/2017.] |
| Filing 25 FIRST LETTER addressed to Judge Cathy Seibel from Noah L. Pusey dated 11/13/2017 re: Responding to Def Counsel Pre Conf. Letter. Document filed by Lawton Adams, Footing First LLC, Karen Leeming.(Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,. Carolyn Kyle served on 9/28/2017, answer due 10/19/2017. Service was accepted by Dee Porter. Document filed by Karen Leeming; Lawton Adams; Footing First LLC. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. Peter Kyle served on 9/28/2017, answer due 10/19/2017. Service was accepted by Dee Porter. Document filed by Karen Leeming; Lawton Adams; Footing First LLC. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. IGK Equestrian LLC served on 9/28/2017, answer due 10/19/2017. Service was accepted by Dee Porter. Document filed by Karen Leeming; Lawton Adams; Footing First LLC. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. North Brook Farms LLC served on 9/28/2017, answer due 10/19/2017. Service was accepted by Dee Porter. Document filed by Karen Leeming; Lawton Adams; Footing First LLC. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
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Filing 20
ORDER granting #19 Motion for David L. Nocilly to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from New York Southern on 11/22/2017.]
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| Filing 19 MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Attachments: #1 Motion for Admission of David L. Nocilly PHV, #2 Declaration of David L. Nocilly re: Admission PHV, #3 Exhibit A to Nocilly Declaration - Certificate of Good Standing, #4 Declaration of Clifford G. Tsan re: Admission of David L. Nocilly PHV, #5 Exhibit A to Tsan Declaration - Proposed Order, #6 Certificate of Service of PHV Motion on Counsel of Record)(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 11/22/2017.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the Affidavit of David Nocilly cannot be signed electronically with an /s/ since another attorney's ECF login and password are being used to file the documents. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) [Transferred from New York Southern on 11/22/2017.] |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Attachments: #1 Motion for Admission of David L. Nocilly PHV, #2 David L. Nocilly Declaration re: Admission PHV, #3 Exhibit A to Nocilly Declaration - Certificate of Good Standing, #4 Declaration of Clifford G. Tsan re: Admission of David L. Nocilly PHV, #5 Exhibit A to Tsan Declaration - Proposed Order, #6 Cetificate of Service of PHV Motion on counsel of record)(Tsan, Clifford) Modified on 11/3/2017 (jc). [Transferred from New York Southern on 11/22/2017.] |
| Filing 17 DECLARATION of David L. Nocilly in Support re: #14 MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Filing fee $ 200.00, receipt number 0208-14319615. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 16 DECLARATION of Clifford G. Tsan in Support re: #14 MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Filing fee $ 200.00, receipt number 0208-14319615. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Attachments: #1 Exhibit A - Proposed Order)(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David L. Nocilly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC.(Tsan, Clifford) Modified on 11/2/2017 (bcu). [Transferred from New York Southern on 11/22/2017.] |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David L. Nocilly to Appear Pro Hac Vice Notice of Motion. Filing fee $ 200.00, receipt number 0208-14319615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC.(Tsan, Clifford) Modified on 11/2/2017 (bcu). [Transferred from New York Southern on 11/22/2017.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 Declaration in Support of Motion, #15 MOTION for David L. Nocilly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from the States the attorney is admitted to practice in; missing Proposed Order; Attorney Affidavit/Declaration missing. Please Read Local Rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) [Transferred from New York Southern on 11/22/2017.] |
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Filing 13
ORDER granting #12 Letter Motion for Conference: Pre-Motion Conference set for 11/20/17 at 03:00 PM before Judge Cathy Seibel. Plaintiffs are to state their position, by letter of no more than 3 pages, by 11/13/17. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from New York Southern on 11/22/2017.]
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| Filing 12 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Cathy Seibel from Clifford G. Tsan, Esq. dated 10/27/2017. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC.(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
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Filing 11
ORDER denying without prejudice #10 Letter Motion for Conference: My rules provide that a party wishing to make a motion must submit a three-page letter explaining the basis for the proposed motion. When I get that letter, I set up the conference. It is the opposing party that has to submit its three-page opposition letter one week before the conference. So counsel for Defendants should submit its three-page letter (before their time to move or answer has run) and then I will set the date for the conference. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from New York Southern on 11/22/2017.]
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| Filing 10 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Cathy Seibel from Clifford G. Tsan dated October 27, 2017. Document filed by IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC.(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IGK Equestrian LLC.(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by North Brook Farms LLC.(Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 7 NOTICE OF APPEARANCE by Clifford Gee-tong Tsan on behalf of IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (Tsan, Clifford) [Transferred from New York Southern on 11/22/2017.] |
| Filing 5 CIVIL COVER SHEET filed. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. (sj) [Transferred from New York Southern on 11/22/2017.] |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number 0208-14148519, paid on 9/20/2017. (sj) [Transferred from New York Southern on 11/22/2017.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Noah L. Pusey. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) [Transferred from New York Southern on 11/22/2017.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) [Transferred from New York Southern on 11/22/2017.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 11/22/2017.] |
| Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (sj) [Transferred from New York Southern on 11/22/2017.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lawton Adams, Footing First LLC, Karen Leeming.(Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to North Brook Farms LLC, IGK Equestrian LLC, Peter Kyle & Carolyn Kyle, re: #1 Complaint,. Document filed by Lawton Adams, Footing First LLC, Karen Leeming. (Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
| Filing 1 COMPLAINT against IGK Equestrian LLC, Carolyn Kyle, Peter Kyle, North Brook Farms LLC. Document filed by Footing First LLC, Karen Leeming, Lawton Adams. (Attachments: #1 Exhibit Exh A - Trademark TraveLite, #2 Exhibit Exh B - Trademark TravelRight, #3 Exhibit Exh C - Patent)(Pusey, Noah) [Transferred from New York Southern on 11/22/2017.] |
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