Ardis Health, LLC et al v. Nankivell
| Ardis Health, LLC, Curb Your Cravings, LLC and USA Herbals, LLC |
| Ashleigh Nankivell |
| 1:2011cv05013 |
| July 21, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1121 |
| Plaintiff |
Docket Report
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| Document Text |
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| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 12/22/2011. (mro) |
| Filing 34 VERIFIED THIRD PARTY COMPLAINT against Ashleigh Nankivell, Jordan Finger.Document filed by Ashleigh Nankivell.(djc) |
| Filing 33 ANSWER to 32 Counterclaim. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC.(Hennessey, Christopher) |
| Filing 32 AMENDED ANSWER to 31 Amended Answer to Complaints, Counterclaim with JURY DEMAND., AMENDED ANSWER to 31 Amended Answer to Complaints, Counterclaim., COUNTERCLAIM against All Plaintiffs. Document filed by Ashleigh Nankivell. (Auster, Gail) |
| Filing 31 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Ashleigh Nankivell. (Auster, Gail) |
Filing 30
MEMORANDUM AND ORDER granting in part and denying in part 6 Motion for Preliminary Injunction filed by the Plaintiffs: For the reasons set forth within, the motion (docket no. 6) is granted in part and denied in part. (Signed by Judge Naomi Reice Buchwald on 10/19/2011) Copies Mailed By Chambers. (ab)
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| Filing 29 MEMO ENDORSEMENT on re: 9 MOTION to Dismiss for Lack of Jurisdiction: Motion withdrawn. See defendant's counsel's letter of October 7, 2011. So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/12/2011) (rdz) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney David E. Valicenti to RE-FILE Document 3 Amended Complaint,. (ama) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Christopher Michael Hennessey to E-MAIL Document No. 27 Proposed Order to Judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi) |
| Filing 28 ANSWER to 1 Complaint. Document filed by Ashleigh Nankivell.(Auster, Gail) |
| Filing 27 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REPLY MEMORANDUM OF LAW in Opposition re: 6 MOTION for Preliminary Injunction. REVISED PROPOSED ORDER. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Attachments: # 1 Exhibit 1 to Proposed Order, # 2 Exhibit 2 to Proposed Order, # 3 Exhibit 3 to Proposed Order)(Hennessey, Christopher) Modified on 10/4/2011 (ldi). |
| Filing 26 DECLARATION of Jordan Finger in Support re: 6 MOTION for Preliminary Injunction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order, # 5 Exhibit 1 to Proposed Order, # 6 Exhibit 2 to Proposed Order, # 7 Exhibit 3 to Proposed Order)(Hennessey, Christopher) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Preliminary Injunction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Hennessey, Christopher) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: 6 MOTION for Preliminary Injunction. refiled per court instructions. Document filed by Ashleigh Nankivell. (Auster, Gail) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gail I. Auster to RE-FILE Document 21 Declaration in Opposition to Motion, 23 Memorandum of Law in Opposition to Motion. ERROR(S): Wrong case number indicated on document. (ldi) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 6 MOTION for Preliminary Injunction. Document filed by Ashleigh Nankivell. (Auster, Gail) Modified on 9/27/2011 (ldi). |
| Filing 22 DECLARATION of Gail I. Auster in Opposition re: 6 MOTION for Preliminary Injunction.. Document filed by Ashleigh Nankivell. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Auster, Gail) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ashleigh Nankivell in Opposition re: 6 MOTION for Preliminary Injunction. Document filed by Ashleigh Nankivell. (Auster, Gail) Modified on 9/27/2011 (ldi). |
| Filing 20 AFFIRMATION of Christopher M. Hennessey in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Hennessey, Christopher) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Hennessey, Christopher) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. Service was made by Mail. Document filed by Curb Your Cravings, LLC, Ardis Health, LLC, USA Herbals, LLC. (Hennessey, Christopher) |
| Filing 17 ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from David Valicenti dated 9/15/11 re: We request that the Court set the time for opposition to defendant's motion to dismiss for September 23, 2011. ENDORSEMENT: So ordered. (Responses due by 9/23/2011) (Signed by Judge Naomi Reice Buchwald on 9/15/11) (rjm) |
| Filing 16 ENDORSED LETTER: addressed to Judge Naomi Reice Buchwald from Gail I. Auster dated 9/9/2011 re: Counsel for defendant requests that the Court establish a briefing schedule in which the defendant would respond at least two weeks from today, which is 9/23/2011. ENDORSEMENT: Defendants answering papers may be filed no later than September 23, 2011 So Ordered. Ashleigh Nankivell answer due 9/23/2011. (Signed by Judge Naomi Reice Buchwald on 9/12/2011) (js) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Conference held on 9/7/2011. (mro) |
| Filing 15 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction. refiled per court instruction. Document filed by Ashleigh Nankivell. (Auster, Gail) |
| Filing 14 AFFIRMATION of Gail I Auster in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Ashleigh Nankivell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Auster, Gail) |
| Filing 13 DECLARATION of Ashleigh Nankivell in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Ashleigh Nankivell. (Auster, Gail) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gail I. Auster to RE-FILE Document 10 MOTION to Dismiss. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-file and link to document # 9 Motion. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gail I. Auster to RE-FILE Document 11 MOTION to Dismiss Affirmation of Gail I. Auster. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link to document # 9 Motion. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gail I. Auster to RE-FILE Document 12 MOTION to Dismiss Memorandum of Law. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link to document # 9 Motion. (ldi) |
| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law. Document filed by Ashleigh Nankivell.(Auster, Gail) Modified on 8/26/2011 (ldi). |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Affirmation of Gail I. Auster. Document filed by Ashleigh Nankivell. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Auster, Gail) Modified on 8/26/2011 (ldi). |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss. Document filed by Ashleigh Nankivell.(Auster, Gail) Modified on 8/26/2011 (ldi). |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction., MOTION to Dismiss.( Responses due by 9/9/2011, Return Date set for 9/21/2011 at 10:00 AM.) Document filed by Ashleigh Nankivell.(Auster, Gail) |
| Filing 8 DECLARATION of Jordan Finger in Support re: 6 MOTION for Preliminary Injunction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Errata O, # 16 Exhibit P, # 17 Exhibit Q)(Hennessey, Christopher) |
| Filing 7 MEMORANDUM OF LAW in Support re: 6 MOTION for Preliminary Injunction.. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hennessey, Christopher) |
| Filing 6 MOTION for Preliminary Injunction. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC.(Hennessey, Christopher) |
| Filing 5 ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Christopher M. Hennessey dated 8/2/2011 re: Counsel for the Plaintiffs writes to request leave to file a Motion for Preliminary Injunction under Fed. R. Civ. P. Rule 65. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 8/8/2011) (ab) |
| Filing 4 AFFIDAVIT OF SERVICE. Ashleigh Nankivell served on 8/3/2011, answer due 8/24/2011. Service was made by Mail. Document filed by Curb Your Cravings, LLC; Ardis Health, LLC; USA Herbals, LLC. (Valicenti, David) |
| Filing 3 AMENDED COMPLAINT amending 1 Complaint against Ashleigh Nankivell with JURY DEMAND.Document filed by Curb Your Cravings, LLC, Ardis Health, LLC, USA Herbals, LLC. Related document: 1 Complaint filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC.(tro) (ama). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC.(ama) |
| Filing 1 COMPLAINT against Ashleigh Nankivell. (Filing Fee $ 350.00, Receipt Number 12188)Document filed by Curb Your Cravings, LLC, Ardis Health, LLC, USA Herbals, LLC.(ama) |
| SUMMONS ISSUED as to Ashleigh Nankivell. (ama) |
| Magistrate Judge Andrew J. Peck is so designated. (ama) |
| Case Designated ECF. (ama) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama) |
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