Petroleum Marketing Group, Inc. et al v. Express Farm, Inc. et al
Plaintiff: Ocean Petroleum, LLC, Petroleum Marketing Group, Inc. and PMG Eastern Shore, LLC
Defendant: Express Farm, Inc. and Xi Li
Case Number: 8:2019cv01256
Filed: October 11, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: David N Hurd
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 11, 2019 Filing 12 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ocean Petroleum, LLC, PMG Eastern Shore, LLC, Petroleum Marketing Group, Inc.. (Furrer, Urs)
November 7, 2019 Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Express Farm, Inc.. (Auerbach, Daniel)
November 7, 2019 Filing 10 ANSWER to #1 Complaint, by Express Farm, Inc., Xi Li.(Auerbach, Daniel)
October 31, 2019 Opinion or Order Filing 9 STIPULATED ORDER: The parties agree that if Express Farm has not done so already, Express Farm shall immediately rebrand the property located at 30 East Main Street, Gouverneur, New York 13642 as set forth herein; Express Farm shall purchase all petroleum product that it sells at the Property from Plaintiffs as set forth herein; and Express Farm shall make timely payment for all fuel purchases from Plaintiffs. Plaintiffs withdraw their pending #4 motion for preliminary or temporary injunctive relief. Signed by Judge David N. Hurd on 10/31/2019. (pjh)
October 31, 2019 Filing 8 RESPONSE to Motion re #4 MOTION for Permanent Injunction filed by Express Farm, Inc., Xi Li. (Attachments: #1 Exhibit(s) Stipulation of counsel)(Auerbach, Daniel)
October 30, 2019 Filing 7 AFFIDAVIT of Service for Summons, Complaint, TRO, and Order served on Express Farm and Xi Li on Oct 16, 2019 and Oct 17, 2019, filed by Ocean Petroleum, LLC, PMG Eastern Shore, LLC, Petroleum Marketing Group, Inc.. (Furrer, Urs)
October 30, 2019 Filing 6 NOTICE of Appearance by Daniel Auerbach on behalf of All Defendants (Auerbach, Daniel)
October 16, 2019 Set Deadline as to #4 MOTION for Permanent Injunction: Motion Hearing set for 11/8/2019 at 11:00 AM in Utica before Judge David N. Hurd with personal appearances required. Response to Motion due by 5:00 pm on Thursday, 10/31/2019. Reply to response to motion due by 5:00 pm on Tuesday, 11/5/19. (pjh)
October 15, 2019 Opinion or Order Filing 5 ORDER it is ORDERED that the Plaintiffs' #4 Motion for a Temporary Restraining Order is DENIED; it is further ORDERED Plaintiffs are directed to serve the Complaint and this Order together with the papers filed in support thereof on defendants, and file proof of service no later than 5:00 p.m. on Monday, October 21, 2019; it is further ORDERED a hearing on Plaintiffs' request for a preliminary injunction will be held on Friday, November 8, 2019 at 11:00 a.m. in Utica, New York with personal appearances required; it is further ORDERED Defendants shall file and serve opposition papers, if any, by 5:00 p.m. on Thursday, October 31, 2019; and it is further ORDERED Plaintiffs shall file and serve reply papers, if any, by 5:00 p.m. on Tuesday,November 5, 2019. Signed by Judge David N. Hurd on 10/15/2019. (pjh)
October 15, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #4 Motion for TRO: Clerk added descriptions to this docket entry, that were in the Shell Case to Exhibits A-K to the Affidavit. (hmr)
October 11, 2019 Filing 4 MOTION for Temporary Restraining Order/Preliminary injunction by Ocean Petroleum, LLC, PMG Eastern Shore, LLC, Petroleum Marketing Group, Inc.. (Attachments: #1 Exhibit A Proposed Order, #2 Proposed Order, #3 Affidavit, #4 Exhibit A - Branded Supply Contract, #5 Exhibit B - Commodity Schedule, #6 Exhibit C - Repayment Agreement, #7 Exhibit D - Personal Guaranty, #8 Exhibit E - September 11, 2019 Letter, #9 Exhibit F - October 4, 2019 Demand Letter, #10 Exhibit G - AR Balance, #11 Exhibit H - Photos, #12 Exhibit I - Gasoline Receipt, #13 Exhibit J - C-Store Receipt, #14 Exhibit K - 7275 Gouverneur Delivery Log)(hmr) Modified on 10/15/2019 (hmr). Modified on 10/15/2019 to add motion for preliminary injunction (lmw).
October 11, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/9/2020 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 1/2/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh) Modified on 10/11/2019 (pjh).
October 11, 2019 Filing 2 Summons Issued as to Express Farm, Inc. (Attachments: #1 Summons Issued as to Xi Li)(pjh) Modified on 10/11/2019 Summonses replaced to reflect they are from the Northern District of New York(pjh).
October 11, 2019 Filing 1 COMPLAINT against Express Farm, Inc. and Xi Li (Filing fee $400 receipt number ANYNDC-4905487) filed by Petroleum Marketing Group, Inc., PMG Eastern Shore, LLC and Ocean Petroleum, LLC.(Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(pjh)

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Defendant: Express Farm, Inc.
Represented By: Daniel Auerbach
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Defendant: Xi Li
Represented By: Daniel Auerbach
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Plaintiff: Ocean Petroleum, LLC
Represented By: Urs Broderick Furrer
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Plaintiff: Petroleum Marketing Group, Inc.
Represented By: Urs Broderick Furrer
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Plaintiff: PMG Eastern Shore, LLC
Represented By: Urs Broderick Furrer
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