Car-Freshner Corporation et al v. Meta Platforms, Inc.
| Car-Freshner Corporation and Julius Samann LTD |
| Meta Platforms, Inc. |
| 5:2022cv01305 |
| December 6, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 24
TEXT ORDER denying #23 Letter Motion from Louis Orbach for Car-Freshner Corporation, Julius Samann LTD requesting that Plaintiff be allowed to submit a sur-reply in further opposition to defendant's motion to dismiss or transfer venue: It is hereby ORDERED that the plaintiff's request for leave to file a sur-reply, or to have the Court consider the letter Sur-reply submitted to this Court on April 14, 2023 [Dkt. no. 23], is DENIED. The #17 Motion to Dismiss, is FULLY BRIEFED. No further submissions will be permitted. Signed by U.S. District Judge Mae A. D'Agostino on 04/18/2023. (ban)
|
|
Filing 23
Letter Motion from Louis Orbach for Car-Freshner Corporation, Julius Samann LTD requesting that Plaintiff be allowed to submit a sur-reply in further opposition to defendant's motion to dismiss or transfer venue (Dkt #17) submitted to Judge Mae A. D'Agostino . (Orbach, Louis)
|
|
Filing 22
REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino MOTION to Transfer Case filed by Meta Platforms, Inc.. filed by Meta Platforms, Inc.. (Brewster, William)
|
|
Filing 21
RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino MOTION to Transfer Case filed by Meta Platforms, Inc.. filed by Car-Freshner Corporation, Julius Samann LTD. (Attachments: #1 Declaration of Leah Waite-Holland, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Memorandum of Law, #10 Affidavit Certificate of Service)(Orbach, Louis)
|
|
Filing 20
TEXT ORDER granting #18 Letter Motion from Liza R. Magley for Car-Freshner Corporation, Julius Samann LTD requesting an extension of the Courts page limitation submitted to Judge Mae A. DAgostino : It is hereby ORDERED that the plaintiffs request for leave to file an oversized responsive brief, not to exceed 40 pages, is GRANTED; The defendant may file an oversized reply brief, not to exceed 20 pages. All deadlines remain as previously set. Signed by U.S. District Judge Mae A. D'Agostino on 03/31/2023. (ban)
|
|
Filing 19
RESPONSE in Opposition re #18 Letter Motion from Liza R. Magley for Car-Freshner Corporation, Julius Samann LTD requesting an extension of the Courts page limitation submitted to Judge Mae A. DAgostino filed by Meta Platforms, Inc.. (Brewster, William)
|
|
Filing 18
Letter Motion from Liza R. Magley for Car-Freshner Corporation, Julius Samann LTD requesting an extension of the Courts page limitation submitted to Judge Mae A. DAgostino . (Magley, Liza)
|
|
Filing 17
MOTION to Dismiss for Lack of Personal Jurisdiction filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino, MOTION to Dismiss for Failure to State a Claim filed by Meta Platforms, Inc.. Motion returnable before Judge Mae A. D'Agostino, MOTION to Transfer Case filed by Meta Platforms, Inc.. Response to Motion due by 4/3/2023. Reply to Response to Motion due by 4/10/2023 (Attachments: #1 Memorandum of Law, #2 Declaration of Nicholas Wong, #3 Exhibit(s) 1 - Car-Freshner Notice No. 9460, #4 Exhibit(s) 2 - Car- Freshner Notice No. 8713, #5 Exhibit(s) 3 - Car-Freshner Notice No. 7718, #6 Exhibit(s) 4 - Car Freshner Notice No. 9238, #7 Exhibit(s) 5 - Car-Freshners Facebook Page, #8 Exhibit(s) 6 - 2015 Facebook Terms, #9 Exhibit(s) 7 - 2015 Facebook Pages Terms, #10 Exhibit(s) 8 - 2017 Facebook Terms, #11 Exhibit(s) 9 - 2018 Facebook Terms, #12 Exhibit(s) 10 - 2019 Facebook Terms, #13 Exhibit(s) 11 - October 1, 2020 Facebook Terms, #14 Exhibit(s) 12 - October 22, 2020 Facebook Terms, #15 Exhibit(s) 13 - January 4, 2022 Meta Terms, #16 Exhibit(s) 14 - July 26, 2022 Meta Terms, #17 Exhibit(s) 15 - Meta Products, #18 Exhibit(s) 16 - 2018 Instagram Terms, #19 Exhibit(s) 17 - 2020 Instagram Terms, #20 Exhibit(s) 18 - January 4, 2022 Instagram Terms, #21 Exhibit(s) 19 - July 26, 2022 Instagram Terms, #22 Exhibit(s) 20 - Car-Freshners Instagram Page, #23 Exhibit(s) 21 - Metas Introduction to the Advertising Standards, #24 Exhibit(s) 22 -Facebook Advertising Guidelines) Motions referred to Miroslav Lovric. (Brewster, William)
|
|
Filing 16
TEXT ORDER: The Rule 16 Initial Conference scheduled for 3/15/2023 at 11:00 a.m., before Magistrate Judge Miroslav Lovric, and the deadlines associated with the Rule 16 conference are all STAYED, without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/6/2023. (jdp )
|
|
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a conference was held on 3/6/2023 to discuss the issues raised in Letter #14 . The Court heard from all parties. The Rule 16 initial conference and related deadlines are all stayed. Appearances: L. Magley, Esq., and L. Orbach, Esq., for the Plaintiffs; and W. Brewster, Esq., for the Defendant. (jdp )
|
|
Filing 15
TEXT ORDER: Letter Motion #14 is GRANTED ONLY insofar as and to the extent that a conference is scheduled for 3/6/2023 at 12:00 p.m., via Teams teleconferencing. The Courtroom Deputy will provide a Teams link to the parties to join the conference. The Court will address the issues outlined in Letter Motion #14 . SO ORDERED by Magistrate Judge Miroslav Lovric on 3/1/2023. (jdp )
|
|
Filing 14
Letter Motion from William H. Brewster for Meta Platforms, Inc. requesting Stay of Discovery and Rule 16 Conference submitted to Judge Miroslav Lovric . (Brewster, William)
|
|
***Answer due date updated for Meta Platforms, Inc. answer due 3/13/2023. (khr)
|
|
Filing 13
AMENDED COMPLAINT against Meta Platforms, Inc. filed by Julius Samann LTD, Car-Freshner Corporation.(Magley, Liza)
|
|
TEXT Minute Entry for Telephone Pre-Motion Conference held on 2/13/2023 before U.S. District Judge Mae A. D'Agostino: Appearances by Louis Orbach, Esq. and Liza Magley, Esq. for the Plaintiffs; William Brewster, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letter seeking leave to file a motion to dismiss. Counsel for the Plaintiff and counsel for the defendant address the Court; The Court will permit the plaintiff to file an amended complaint - Amended Complaint to be filed by 2/27/23; If, after the amended complaint is filed, the defendant still believes that a motion to dismiss is necessary, the defense make file their motion. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 9:30 a.m. - 9:43 a.m.]) (ban)
|
|
Filing 12
RESPONSE in Opposition re #10 Letter Motion from William H. Brewster for Meta Platforms, Inc. requesting Leave to File Motion to Dismiss or Transfer submitted to Judge Mae A. D'Agostino filed by Car-Freshner Corporation, Julius Samann LTD. (Orbach, Louis)
|
|
Filing 11
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Meta Platforms, Inc.. (Brewster, William)
|
|
Filing 10
Letter Motion from William H. Brewster for Meta Platforms, Inc. requesting Leave to File Motion to Dismiss or Transfer submitted to Judge Mae A. D'Agostino . (Brewster, William)
|
|
Filing 9
TEXT ORDER granting the #8 Motion for Extension of Time to Answer the #1 Complaint. Meta Platforms, Inc. answer due 1/30/2023. Authorized by Magistrate Judge Miroslav Lovric on 12/27/2022. (amt)
|
|
Filing 8
Consent MOTION for Extension of Time to File Answer or Otherwise Respond filed by Meta Platforms, Inc.. Response to Motion due by 1/12/2023 Motions referred to Miroslav Lovric. (Brewster, William)
|
|
Filing 7
AFFIDAVIT of Service for Summons, Complaint, and Civil Case Assignment and Filing Order served on META PLATFORMS, INC. on 12/08/2022, filed by Car-Freshner Corporation, Julius Samann LTD. (Magley, Liza)
|
|
***Answer due date updated for Meta Platforms, Inc. answer due 12/29/2022. (khr)
|
|
Filing 6
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr)
|
|
Filing 5
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/15/2023 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/8/2023. (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 4
Summons Issued as to Meta Platforms, Inc. (khr)
|
|
Filing 3
Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 719,498; 1,781,016; 1,791,233; 2,741,364; 3,766,310; 1,990,039; 1,985,773. (khr)
|
|
TEXT NOTICE: Initial Conference scheduled 3/15/2023 at 11:00 am will be via Teams Telephone Conference. The Courtroom Deputy will send a teams link to the parties to participate. (jdp )
|
|
Filing 2
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Car-Freshner Corporation, Julius Samann LTD identifying Corporate Parent Vestur AG for Car-Freshner Corporation. (khr)
|
|
Filing 1
COMPLAINT WITH JURY DEMAND against Meta Platforms, Inc. (Filing fee $402 receipt number ANYNDC-6122590) filed by Julius Samann LTD, Car-Freshner Corporation. (Attachments: #1 Civil Cover Sheet)(khr)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
