Your Syracuse Family Dentist P.C. v. Syracuse Family Dental, PLLC
| Your Syracuse Family Dentist P.C. and Vincent D. Dimento |
| Syracuse Family Dental, PLLC |
| 5:2024cv00092 |
| January 18, 2024 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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| CLERK'S CORRECTION OF DOCKET ENTRY re #17 Amended Complaint: Clerk added "Vincent D. Dimento" to this docket entry to show that this document was filed by both Your Syracuse Family Dentist P.C. and Vincent D. Dimento. (hmr) |
| Filing 18 STIPULATION AND PROTECTIVE ORDER FILED JOINTLY by Your Syracuse Family Dentist P.C. submitted to Judge Dancks. (Nocilly, David) |
| ***Answer due date updated for Syracuse Family Dental, PLLC: answer to #17 Amended Complaint due 3/26/2024. (sg) |
| Filing 17 AMENDED COMPLAINT against Syracuse Family Dental, PLLC filed by Your Syracuse Family Dentist P.C. and Vincent D. Dimento.(Nocilly, David) Modified on 3/14/2024 (hmr). |
Filing 16
TEXT ORDER: Court reviewed stipulation regarding the proposed First Amended Complaint which is now approved for filing. Plaintiff to file a signed First Amended Complaint by 3/15/2024. Defendant's time to respond to the Amended Complaint will be set once the Amended Complaint is filed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/12/2024. (sg)
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| Filing 15 STIPULATION FOR FILING OF AMENDED COMPLAINT by Your Syracuse Family Dentist P.C. submitted to Judge Dancks. (Attachments: #1 Exhibit(s) proposed First Amended Complaint)(Nocilly, David) |
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Filing 14
TEXT ORDER : Court reviewed letter request (Dkt. No. #13 ) regarding filing an amended complaint which is denied without prejudice. The request does not contain a stipulation of the parties as directed at the Rule 16 conference. (See Text Minute Entry 2/29/2024.) Plaintiff should resubmit the proposed amended complaint with a stipulation by 4/1/2024 as directed. Electronic signatures of the parties on the stipulation are acceptable. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/11/2024. (sg )
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| Filing 13 Unopposed Letter Motion from Plaintiff for Your Syracuse Family Dentist P.C. requesting leave to file a First Amended Complaint submitted to Judge Dancks . (Attachments: #1 Proposed Amended Pleading)(Nocilly, David) |
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Filing 12
TEXT STATUS REPORT ORDER: Defendant to file joint status report by 6/28/2024 re: whether R. 33 and 34 Requests have been timely responded to, status of discovery and any discovery issues, and depositions scheduled, if any. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2024. (sg)
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Filing 11
ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 4/5/2024. Deadline for completion of Mandatory Mediation is 5/21/2024. Signed by Magistrate Judge Therese Wiley Dancks on 3/4/2024. (sg )
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Filing 10
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days, to be held at Syracuse NY. Joinder of Parties due by 4/1/2024. Amended Pleadings due by 4/1/2024. Expert Disclosure Deadline for the party which bears the burden of proof is 12/2/2024. Expert Disclosure Deadline for the party which does not bear the burden of proof is 1/15/2025. Rebuttal Expert Disclosure Deadline for all parties is 2/3/2025. Discovery due by 4/30/2025. Discovery Motions due 5/14/2025. Dispositive Motions to be filed by 5/30/2025. Mandatory Mediation to be completed by 5/21/2024. Signed by Magistrate Judge Therese Wiley Dancks on 3/4/2024. (sg)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 2/29/2024. Appearances: David Nocilly, Esq. and Timothy McMahon, Esq. for Plaintiff; Brett Hutton, Esq. and Thomas Sica, Esq. for Defendant. Court reviews Civil Case Management Plan. Rule 26 Disclosures exchanged, and Rule 33 and 34 Requests served. After discussion with counsel, Court directs parties to submit a stipulation with attached proposed amended complaint for Court approval by 4/1/2024. If the parties cannot stipulate to the amended complaint, the Court will permit Plaintiff to file a motion to amend by 4/1/2024. Stipulated protective order to be submitted for Court approval by 3/14/2024. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. (sg) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by Your Syracuse Family Dentist P.C.. (McMahon, Timothy) |
| Filing 8 REPLY TO COUNTERCLAIM ANSWER to #6 Answer to Complaint, Counterclaim by Your Syracuse Family Dentist P.C..(Nocilly, David) |
| TEXT NOTICE of Telephone Initial Conference: The Telephone Initial Conference has been re-set for 2/29/2024 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 2/22/2024 and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 713 412 669 to connect to the conference. (sg) |
| ***Answer due date updated for Your Syracuse Family Dentist P.C.: answer to Counterclaims due 2/14/2024. (sg) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Defendant on January 26, 2024, filed by Your Syracuse Family Dentist P.C.. (Nocilly, David) |
| Filing 6 ANSWER to Complaint , COUNTERCLAIM against Your Syracuse Family Dentist P.C. by Syracuse Family Dental, PLLC. (Attachments: #1 Certificate of Service)(Sica, Thomas) |
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Filing 5
TEXT ORDER: Court reviewed Notice of Removal which indicates "Defendant has not yet been properly served with the Complaint." (Dkt. No. #1 at 1.) Therefore, plaintiff is directed to file proof of service or a status report regarding service of the complaint by 2/5/2024. In the meantime, the 2/20/2024 Rule 16 conference and related deadlines are adjourned and will be reset as necessary in the future. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/24/2024. (sg)
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| TEXT NOTICE OF FILING DEFICIENCY as to Syracuse Family Dental, PLLC regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Hutton's email address contained in the document does not match the NYND attorney admission records. Attorney Hutton is directed to update his email address only in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 1/25/2024 (hmr) |
| Filing 4 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 4,650,764. (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/20/2024 at 09:30 AM via Telephone Conference 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 2/13/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Onondaga County Supreme Court. (hmr) |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 014325/2023 (Filing fee $405 receipt number ANYNDC-6582848) filed by Syracuse Family Dental, PLLC. (Attachments: #1 Exhibit A - New York State Summons and Complaint, #2 Civil Cover Sheet, #3 Certificate of Service)(hmr) |
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