The Joyce Theater Foundation, Inc. v. Ballet Tech Foundation, Inc.
Plaintiff: The Joyce Theater Foundation, Inc.
Defendant: Ballet Tech Foundation, Inc.
Case Number: 1:2009cv01225
Filed: February 10, 2009
Court: US District Court for the Southern District of New York
Office: Trademark Office
Presiding Judge: Robert W Sweet
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 24, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2013 Filing 38 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, that pursuant to a settlement between the parties, this action and all related claims and defenses, are hereby dismissed with prejudice. It is hereby agreed by and between the parties that each party will bear its own attorneys' fees, costs, and expenses. (Signed by Judge Robert W. Sweet on 6/18/2013) (cd)
October 15, 2012 Opinion or Order Filing 37 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jonathan D. Reichman dated 10/4/2012 re: In light of this settlement structure, the parties jointly request that the Court continue to keep the Action in suspension until further notice from the parties that either all relevant obligations under the Purchase Agreement have been fulfilled, or that the Purchase Agreement has been terminated prior to JTF's acquisition of the Trademark pursuant thereto. Of course, should JTF complete its payments in advance of the Agreement's September 7, 2014 deadline, the parties will notify the Court immediately. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 10/15/2012) (djc)
October 4, 2012 Opinion or Order Filing 36 ENDORSED LETTER addressed to Judge Robert W.Sweet from Jonathan D. Reichman dated 10/04/2012 re: The parties are pleased to report that on September 7, 2012, they completed and executed a Purchase Agreement designed to, inter alia, fully resolve this litigation (the "Action"). ENDORSEMENT: This action will be stayed until the pretrial conference now set forth September 7, 2014. SO ORDERED. (Signed by Judge Robert W. Sweet on 10/04/2012) (ama)
October 4, 2012 Case stayed. (Signed by Judge Robert W. Sweet on 10/04/2012) (ama)
April 16, 2012 Opinion or Order Filing 35 ENDORSED LETTER: addressed to Judge Robert W. Sweet from Kimberly M. Maynard dated 4/13/2012 re: jointly ask the Court to adjourn the proceedings for a period of six (6) months. As part of such adjournment, the parties jointly request that the April 18, 2012 hearing date and the May 9, 2012 pre-trial conference date be rescheduled accordingly for October 17, 2012 and November 7, 2012, respectively, or such other dates or times as are convenient for the Court. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 4/16/2012) (js)
March 5, 2012 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jonathan D. Reichman dated 2/27/2012 re: counsel for defendant the parties wish to adjourn proceedings for a period of seven (7) weeks. As part of such adjournment, the parties jointly request that the February 29, 2012 discovery hearing date be adjourned to April 18, 2012 (at noon), and the March 21, 2012 pre-trial conference date be adjourned to May 9, 2012 (at 4:30 p.m.). ENDORSEMENT: So Ordered., ( Discovery Hearing set for 4/18/2012 at 12:00 PM before Judge Robert W. Sweet., Pretrial Conference set for 5/9/2012 at 04:30 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/1/2012) (pl) Modified on 3/5/2012 (pl).
January 17, 2012 Opinion or Order Filing 33 ORDER: Please be advised that the conference scheduled for 1/25/2012 has been rescheduled to 3/21/12 at 4:30 pm in Courtroom 18C. Please notify opposing counsel of the change.( Pretrial Conference set for 3/21/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/17/12) (pl)
January 17, 2012 Opinion or Order Filing 32 ENDORSED LETTER addressed to Judge Robert W. Sweet from Kimberly M. Maynard dated 1/13/2012 re: counsel for plaintiff Joyce Theater Foundation, Inc. writes ask the Court to adjourn the proceedings for a period of six (6) weeks. The parties jointly request that (in the absence of settlement or a further adjournment request) the January 18, 2012 hearing date and the January 25, 2012 pre-trial conference date, be rescheduled accordingly for February 29, 2012 (any time after 1:00 p.m.) and March 7, 2012 (at 4:30 p.m.), respectively, or such other dates or times as are convenient for the Court. ENDORSEMENT: So. Ordered.., ( Pretrial Conference set for 3/7/2012 at 04:30 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/16/2012) (pl)
November 23, 2011 Opinion or Order Filing 31 ORDER: The schedule to which the parties stipulated on November 4, 2011 is hereby amended. The discovery hearing date will be changed from January 4, 2012 to January 18, 2012 (at noon), and the pre-trial conference date will be changed from January 11, 2012 to January 25, 2012 (at 4:30 p.m.). The parties may contact the Court to request revision of this schedule. ( Discovery Hearing set for 1/18/2012 at 12:00 PM before Judge Robert W. Sweet., Pretrial Conference set for 1/25/2012 at 04:30 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 11/23/2011) (mro)
November 7, 2011 Opinion or Order Filing 30 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jonathan D. Reichman dated 11/4/2011 re: The parties wish to adjourn the proceedings for a period of eight (8) weeks. The parties jointly request that the November 9, 2011 discovery hearing date be adjourned to January 4, 2012 (at noon), and the November 16, 2011 pre-trial conference date be adjourned to January 11, 2012 (at 4:30 p.m.). ENDORSEMENT: So ordered. ( Discovery Hearing set for 1/4/2012 at 12:00 PM before Judge Robert W. Sweet., Pretrial Conference set for 1/11/2012 at 04:30 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 11/7/2011) (lmb)
October 3, 2011 Opinion or Order Filing 29 ENDORSED LETTER addressed to Judge Robert W. Sweet from Kimberly M. Maynard dated 9/30/2011 re: The parties are currently engaged in active settlement negotiations. For this reason, the parties wish to adjourn the proceedings for a period of four (4) weeks. As part of such adjournment, the parties jointly request that (in the absence of settlement or a further adjournment request) the October 5, 2011 hearing date and the October 19, 2011 pre-trial conference date, be rescheduled accordingly for November 2, 2011 and November 16,2011, respectively, or such other time as is convenient for the Court. ENDORSEMENT: Granted. Conference Adjourned 11/16/2011. So Ordered.. (Signed by Judge Robert W. Sweet on 10/3/2011) (rdz) Modified on 10/6/2011 (rdz).
September 14, 2011 Opinion or Order Filing 28 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jonathan D. Reichman dated 9/12/2011 re: counsel for Defendant/Appellee Ballet Tech Foundation, Inc. writes on behalf of the parties to jointly request that (in the absence of settlement or a further adjournment request) the September 14, 2011 hearing date and the September 28, 2011 pre-trial conference date, be rescheduled accordingly for October 5, 2011 and October 19, 2011, respectively, or such other time as is convenient for the Court. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 9/14/11) (pl) Modified on 9/14/2011 (pl).
August 30, 2011 Opinion or Order Filing 27 ORDER: Plaintiff's letter, dated 8/8/2011, will be treated as a motion and will be heard at noon on Wednesday, 9/14/2011 in courtroom 18C. (Signed by Judge Robert W. Sweet on 8/25/2011) (tro)
April 20, 2011 Filing 26 NOTICE OF APPEARANCE by Lindsey Anne Shoshany on behalf of The Joyce Theater Foundation, Inc. (Shoshany, Lindsey)
March 30, 2011 Opinion or Order Filing 25 ORDER: Please be advised that the conference scheduled for 3/30/11 has been rescheduled to 9/28/11 at 4:30 p.m. in Courtroom 18C. Please notify opposition counsel of the change. (Signed by Judge Robert W. Sweet on 3/30/2011) (jfe)
March 17, 2011 Opinion or Order Filing 24 DISCOVERY PLAN: All fact Discovery due by 9/2/2011. Deposition due by 9/2/2011. The parties agree to supplement the answers previously provided in response to the interrogatories served in the underlying administrative action within thirty (30) days of entry of this Plan. All additional written interrogatories pursuant to Local Rules 33(b) and 33(c) shall be served no earlier than May 2,2011. Each party shall respond to each written interrogatory within thirty (30) days of receipt of such interrogatory. All reports of experts shall be due by November 4, 2011. Amendment of pleadings due by 7/15/2011. (See all other discovery deadlines as further set forth in this order.) (Signed by Judge Robert W. Sweet on 3/17/2011) (jar)
February 2, 2011 Minute Entry for proceedings held before Judge Robert W. Sweet: Pretrial Conference began on 2/2/2011, ( Pretrial Conference set for 3/30/2011 at 04:30 PM before Judge Robert W. Sweet.). (eef)
December 22, 2010 Opinion or Order Filing 23 ORDER, Please be advised that the conference scheduled for 12/22/10 has been rescheduled to 2/2/2011 at 04:30 PM in Courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 12/22/10) (pl)
September 24, 2010 Opinion or Order Filing 22 PRETRIAL ORDER, that a Pretrial Conference set for 12/22/2010 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Additional relief as set forth in this Order. (Signed by Judge Robert W. Sweet on 9/24/10) (pl)
September 22, 2010 Minute Entry for proceedings held before Judge Robert W. Sweet: Pretrial Conference held on 9/22/2010. (mro)
August 19, 2010 Filing 21 NOTICE OF APPEARANCE by Kimberly M. Maynard on behalf of The Joyce Theater Foundation, Inc. (Maynard, Kimberly)
August 19, 2010 Filing 20 NOTICE OF APPEARANCE by Donna A. Tobin on behalf of The Joyce Theater Foundation, Inc. (Tobin, Donna)
August 19, 2010 Filing 19 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of The Joyce Theater Foundation, Inc. (Warshavsky, Oren)
May 6, 2010 Opinion or Order Filing 18 PRETRIAL ORDER, that counsel are directed to appear in courtroom 18C on Sept. 22,10 at 4:30 pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. Additional relief as set forth in this Order. (Signed by Judge Robert W. Sweet on 5/6/10) (pl)
March 25, 2010 Opinion or Order Filing 17 STIPULATION AND ORDER: It is hereby Stipulated and agreed that all discovery in this action shall be stayed until May 5, 2010. The next status conference, which is currently scheduled for March 24, 2010, is hereby adjourned until May 5, 2010. (Signed by Judge Robert W. Sweet on 3/24/2010) (jfe) Modified on 4/5/2010 (jfe).
March 25, 2010 Opinion or Order Filing 16 ORDER: Please be advised that the conference scheduled for March 24, 10 has been rescheduled to May 5, 10 at 4:30 p.m., in Courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 3/25/2010) (jfe)
November 23, 2009 Opinion or Order Filing 15 PRETRIAL ORDER. Pretrial Conference set for 3/24/2010 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 11/23/09) (djc)
September 22, 2009 Opinion or Order Filing 14 STIPULATION AND ORDER; All discovery in this action shall be stayed for the lesser of (1) ninety (90) calendar days from the date of this Stipulation or (ii) ten (10) calendar days after either Plaintiff or Defendant provides written notice on the other party that it is terminating settlement discussions. The next status conference, which is currently scheduled for 11/4/09, is hereby adjourned pending further Order of this Court. (Signed by Judge Robert W. Sweet on 9/22/09) (tro)
August 28, 2009 Opinion or Order Filing 13 STIPULATION AND ORDER: NOW THEREFORE, IT 1S STIPULATED AND AGREED, by and between the attorneys for the Parties, that: (a) all discovery in the above-captioned action shall be stayed for the lesser of (i) ninety (90) calendar days from the date of this Stipulation or (ii) ten (10) calendar days after either Plaintiff or Defendant provides written notice to the other party that it is terminating settlement discussions, and (b) the next status conference, which is currently scheduled for November 4, 2009, is hereby adjourned pending further Order of this Court. (Signed by Judge Robert W. Sweet on 8/25/2009) (jfe)
May 27, 2009 Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 5/27/2009. PTC set on 11-4-09. (rw)
April 22, 2009 Opinion or Order Filing 12 ORDER: Pretrial Conference rescheduled for 5/27/2009 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. SO ORDERED. (Signed by Judge Robert W. Sweet on 4/22/2009) (tve)
April 1, 2009 Filing 11 ANSWER to Complaint. Document filed by Ballet Tech Foundation, Inc..(Reichman, Jonathan)
March 19, 2009 Opinion or Order Filing 10 ORDER, please be advised that the conference scheduled for April 8, 09 has been rescheduled to April 22, 09 at 4:30 pm in courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 3/19/09) (pl)
March 17, 2009 Opinion or Order Filing 9 PRETRIAL ORDER: If this action has been settled or otherwise terminated, counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, Courtroom Clerk to Judge Sweet, Room 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007; otherwise counsel are directed to appear for a Pretrial Conference set for 4/8/2009 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 3/17/09) (tro) Modified on 4/6/2009 (tro).
March 12, 2009 CASHIERS OFFICE REMARK on #6 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/02/2009, Receipt Number 680088. (jd)
March 9, 2009 Opinion or Order Filing 8 STIPULATION AND ORDER, that the time for Defendants to answer, plead, move, or otherwise respond to Plaintiffs Complaint in the above-captioned action. (Signed by Judge Robert W. Sweet on 3/4/09) (pl)
March 9, 2009 Opinion or Order Filing 7 ORDER ADMITTING WILLIAM M. MERONE AND ERIK C. KANE TO PRACTICE PRO HAC VICE: granting #6 Motion for William M. Merone and Erik Kane to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 3/4/2009) (jfe)
March 9, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #7 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe)
March 2, 2009 Filing 6 MOTION for William M. Merone and Erik Kane to Appear Pro Hac Vice. Document filed by Ballet Tech Foundation, Inc.(dle)
February 27, 2009 Filing 5 NOTICE OF APPEARANCE by Jonathan D. Reichman on behalf of Ballet Tech Foundation, Inc. (Reichman, Jonathan)
February 27, 2009 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ballet Tech Foundation, Inc..(Reichman, Jonathan)
February 27, 2009 Filing 3 AFFIDAVIT OF SERVICE. Ballet Tech Foundation, Inc. served on 2/12/2009, answer due 3/4/2009. Service was accepted by Maggie Christ. Document filed by The Joyce Theater Foundation, Inc.. (Pees, Robert)
February 10, 2009 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Joyce Theater Foundation, Inc.(laq) (ama).
February 10, 2009 Filing 1 COMPLAINT against Ballet Tech Foundation, Inc. (Filing Fee $ 350.00, Receipt Number 677024)Document filed by The Joyce Theater Foundation, Inc.(laq) (ama).
February 10, 2009 SUMMONS ISSUED as to Ballet Tech Foundation, Inc. (laq)
February 10, 2009 Case Designated ECF. (laq)
February 10, 2009 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (laq)
February 10, 2009 Magistrate Judge Theodore H. Katz is so designated. (laq)

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Plaintiff: The Joyce Theater Foundation, Inc.
Represented By: Robert Hardy Pees
Represented By: Brian Thomas Carney
Represented By: Lindsey Anne Shoshany
Represented By: Donna A. Tobin
Represented By: Oren J. Warshavsky
Represented By: Kimberly M. Maynard
Represented By: Elizabeth Harris Raskin
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Defendant: Ballet Tech Foundation, Inc.
Represented By: William M. Merone
Represented By: Erik C. Kane
Represented By: Jonathan D. Reichman
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