New Horizons Education Corporation et al v. Krolak Technology Management of Syracuse, LLC et al
| New Horizons Franchising Group, Inc., LTSI, Inc. and New Horizons Education Corporation |
| Krolak Technology Management LLC, Todd Krolak, Jason Krolak and Krolak Technology Management of Syracuse, LLC |
| 5:2018cv01223 |
| October 15, 2018 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Brenda K Sannes |
| Contract: Franchise |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| Filing 19 STATUS REPORT by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Harradine, Jeffrey) |
| Filing 18 TRANSCRIPT of Proceedings: Motion Hearing held on 11/2/2018 before Judge Brenda K. Sannes, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019. Notice of Intent to Redact due by 11/13/2018 (jlh, ) |
| Filing 17 TRANSCRIPT REQUEST by LTSI, Inc. for proceedings held on 11/2/2018 before Judge Hon. Brenda K. Sannes.. (Attachments: #1 AO 435)(Harradine, Jeffrey) |
| Filing 16 AFFIDAVIT of Service for Summons, Complaint, motion papers and Order served on all Defendants on October 18, 2018, filed by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Wright, James) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Motion Hearing held on 11/2/2018 re #5 MOTION for Preliminary Injunction filed by LTSI, Inc., New Horizons Franchising Group, Inc., New Horizons Education Corporation. No appearance is made by Defendants. Plaintiff's counsel advises that the Defendant Jason Krolak has filed a bankruptcy petition. Counsel further advises that the Complaint was served pursuant to Rule 5 and the PI order was personally served. As the case is stayed due to the bankruptcy filing, the Court directs that Plaintiffs apply to the bankruptcy court for relief from the stay so that this case can proceed. Therefore, no testimony will be heard at this time and the Court will hold the PI motion in abeyance. It is noted that the TRO will expire on 11/5/2018 and Plaintiffs request an extension. Plaintiffs are directed to file a status report within 2 weeks. APP: James Wright, Esq. for Plaintiff New Horizons and Jeffrey Harradine, Esq. for Plaintiff LTSI.(Court Reporter Jodi Hibbard) [10:05-10:15] (bjw) |
| Filing 15 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Letter to Judge Sannes regarding bankruptcy filing filed by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Wright, James) |
Filing 14
TEXT ORDER: The Court notes that Defendants have failed to respond to Plaintiffs' #5 motion for preliminary injunction. The hearing will proceed, as scheduled, on November 2, 2018 at 10:00 a.m. If Defendants do not seek to present evidence at the hearing, the Court will consider argument regarding Plaintiffs' proposed preliminary injunction. SO ORDERED by Judge Brenda K. Sannes on 11/1/18. (rjb, )
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| Filing 13 AFFIDAVIT of Service for Memorandum-Decision and Order granting TRO with exhibits served on Jason Krolak, Krolak Technology Management of Syracuse, LLC, and Krolak Technology Management LLC on October 23, 2018, filed by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Wright, James) |
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Filing 12
ORDER that Plaintiffs' request for a TRO is granted. Defendants are enjoined from: (i) using New Horizons' Registered Trade/Service Marks; (ii) operating a computer learning/training center within the greater Syracuse and greater Albany areas, consisting of the zip codes and territory set forth in Exhibits A and B attached hereto; and (iii) otherwise marketing, promoting, advertising and/or selling computer learning/training services within the greater Syracuse and Albany areas, consisting of the zip codes and territories set forth in Exhibits A and B attached hereto. Plaintiffs are directed to personally serve a copy of this TRO on Defendants by October 23, 2018; this TRO is valid for 14 days from the date of issuance and expires on November 5, 2018. An evidentiary hearing on the motion for preliminary injunction (Dkt. No. #5 ) is set for November 2, 2018, at 10:00 a.m.. Signed by Judge Brenda K. Sannes on 10/22/18. (rjb, )
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| Filing 11 AFFIDAVIT of Service , filed by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Wright, James) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 10/18/2018. Appearances: James Wright, Esq. and Jeffrey Harradine, Esq. for Plaintiffs. Attorney Wright updates the Court with regards to service as directed by the Court's #10 Order. Judge Sannes hears from Plaintiffs' counsel on the pending TRO motion. Judge Sannes intends to grant the TRO motion and set an evidentiary hearing for 11/2/2018. (Court Reporter Hannah Cavanaugh; 2:57pm-3:13pm) (rjb, ) |
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Filing 10
ORDER setting Telephone Conference for 10/18/2018 at 03:00 PM before Judge Brenda K. Sannes. Plaintiffs are directed to serve Defendants with this Order as well as their motion for a temporary restraining order and preliminary injunction (Dkt. No. #5 ) by 12:00 p.m., on October 18, 2018. Plaintiffs' counsel is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel and participating Defendants are on the line. Defendants may participate in the telephone conference and should provide contact information to Plaintiffs' counsel if they wish to participate. Signed by Judge Brenda K. Sannes on 10/17/18. (rjb, )
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| Filing 9 AFFIDAVIT re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order , #8 Affidavit in Support of Motion, #7 Affidavit by LTSI, Inc.. (Harradine, Jeffrey) |
| Filing 8 AFFIDAVIT in Support re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Attachments: #1 Proposed Order/Judgment Amended Proposed Order to Show Cause with Temporary Restraining Order)(Wright, James) |
| Filing 7 AFFIDAVIT re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by LTSI, Inc.. (Harradine, Jeffrey) |
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Filing 6
TEXT ORDER: Plaintiffs' request that the Court issue an Order to Show Cause setting an expedited briefing schedule is granted. Plaintiffs have filed a Motion for a Temporary Restraining Order and Preliminary Injunction "enjoining Defendants from (i) using New Horizons Registered Trade/Service Marks; (ii) operating a computer learning/training center within the greater Syracuse area...; (iii) operating computer learning/training center within the greater Albany area... ; and (iv) otherwise marketing, promoting, advertising and/or selling computer learning/training services within the greater Syracuse and Albany areas." (Dkt. No. #5 , at 3-4). Defendants shall file a Response to Plaintiffs' motion by 10/26/2018. Plaintiffs shall file a reply by 10/31/2018. Plaintiffs are directed to serve a copy of their motion papers and a copy of this Text Order on Defendants and file proof of service by 10/19/2018. Counsel will be notified if oral argument is necessary. Signed by Judge Brenda K. Sannes on 10/16/2018. (sr)
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| Filing 5 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by LTSI, Inc., New Horizons Education Corporation, New Horizons Franchising Group, Inc.. (Attachments: #1 Declaration of Jeffrey J. Harradine, #2 Declaration of Grant LeSchander, #3 Declaration of Sam William, #4 Declaration of Joseph Mignano, #5 Declaration of Marianna Zimmer, #6 Declaration of Gregory Marsella, #7 Memorandum of Law)(Harradine, Jeffrey) |
| Filing 4 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 1337233;2064665;2281596;2515371;2616283;2726462;2722250;2749863;2836345;3286936;3231684; 3329061;3827109;. (jdp, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 1/14/2019 at 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/7/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 2 Summons Issued as to Jason Krolak, Todd Krolak, Krolak Technology Management LLC, Krolak Technology Management of Syracuse, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons)(jdp, ) |
| Filing 1 COMPLAINT against Jason Krolak, Todd Krolak, Krolak Technology Management LLC, Krolak Technology Management of Syracuse, LLC (Filing fee $400 receipt number 4537100) filed by New Horizons Education Corporation, New Horizons Franchising Group, Inc., LTSI, Inc.. (Attachments: #1 Civil Cover Sheet)(jdp, ) |
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