Gym Door Repairs, Inc. et al v. Young Equipment Sales, Inc. et al
| Gym Door Repairs, Inc. and Safepath Systems LLC |
| Young Equipment Sales, Inc., Yes Service and Repairs Corporation, Richard Young, Brian Burke, Dennis Schwandtner, Guardian Gym Equipment, Qapala Enterprises, Inc., James Petriello, Tri-State Folding Partitions, Inc., Peter Mucciolo, Educational Data Services, Inc., Total Gym Repairs, Inc., New York State Department of Education Office of Facilities Planning, New York State School Facilities Association, School Facilities Management Institute, Eastern Suffolk Boces, Nassau County Boces, Bellmore Public Schools and New York City Department of Education |
| 1:2015cv04244 |
| June 2, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Suffolk |
| John G. Koeltl |
| Copyrights |
| 17 U.S.C. ยง 101 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
1096
MEMORANDUM OPINION AND ORDER for 1093 Report and Recommendations, The Court has considered all the arguments by the parties. To the extent not specifically discussed, the remaining arguments are either moot or without merit. The Court adopts the Magistrate Judge's Report & Recommendation in its entirety. Accordingly, the objections to the Report and Recommendation of the Magistrate Judge dated April 10, 2024 are overruled. The Clerk is directed to close all open motions. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2024) (ks)
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Filing
1079
MEMORANDUM OPINION AND ORDER re: 1073 FIRST MOTION for Reconsideration Resubmitted at the direction of the Court. filed by Guardian Gym Equipment, James Petriello, Qapala Enterprises, Inc. The Court has considered all the argu ments by the parties. To the extent not specifically discussed, the remaining arguments are either moot or without merit. The motion for reconsideration is denied. The Clerk is directed to close ECF No. 1073. SO ORDERED. (Signed by Judge John G. Koeltl on 11/1/23) (yv)
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Filing
1063
MEMORANDUM OPINION AND ORDER: for 977 Report and Recommendations, 1044 Report and Recommendations. The Court has considered all the arguments by the parties. To the extent not specifically discussed, the remaining arguments are either moot or without merit. The Court adopts the Magistrate Judge's Report & Recommendation in its entirety. Accordingly, the objections to the Report and Recommendation of the Magistrate Judge dated March 31, 2023 are overruled. Any motion by Total Gym for Rule 11 sanctions is denied. The Clerk is directed to close all open motions. SO ORDERED. (Signed by Judge John G. Koeltl on 9/29/2023) (kv)
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Filing
1062
ORDER The plaintiffs are directed to submit courtesy copies of all papers filed in connection with the various objections to the Magistrate Judge's March 31, 2023, Report & Recommendation (ECF No. 1044). SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/2023) (jca)
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Filing
1057
ORDER: Any opposition to the Guardian Parties' objections (ECF No. 1055) and to Total Gym Repairs, Inc.'s request for Rule 11 sanctions (ECF No. 1052 at 19) may be filed by June 30, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 6/20/2023) (vfr)
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Filing
1047
MEMO ENDORSEMENT on 1046 granting 1045 Letter Motion for Extension of Time to File ; granting 1046 Letter Motion for Extension of Time. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Objections to R&R due by 4/28/2023). (Signed by Judge John G. Koeltl on 4/11/2023) (rro)
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Filing
1043
ORDER: Accordingly, the Guardian Defendants' motion for reconsideration is DENIED. The Guardian Defendants' motion for a status conference is also DENIED. (Signed by Magistrate Judge Ona T. Wang on 3/31/2023) (rro)
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Filing
1040
ORDER: Counsel for Tri-State Folding Partitions is directed to file a status letter on the status of the state court action by February 28, 2023. (See ECF 1017 at 20-26; ECF 879, 880). (Signed by Magistrate Judge Ona T. Wang on 2/3/2023) (rro)
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Filing
999
ORDER: By May 11, 2021, counsel for the Guardian Parties is directed to file a letter stating the billing rates charged by Beth Furgang, Stephanie Furgang Adwar, Armando Llorens, and Robert Spinak. Failure to do so may result in a recommendation of denial of fees billed by those individuals. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/7/2021) (rro)
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Filing
995
ORDER: On April 6, 2021, the Court ordered that Plaintiffs may file an opposition, ten pages maximum, to the amount of fees sought [by the Guardian Defendants]. (ECF 990 (emphasis added)). The Court is in receipt of Plaintiffs' opposition, w hich is nine pages long, but fails to calculate or summarize the amounts of fees challenges. (ECF 994). Plaintiffs instead attach 271 pages of exhibits that consist of objections using the comment feature in Microsoft Word on the Guardian Defendant s' invoices. (ECF 994 at 3; 994 Ex. 1-8). It goes without saying that the Court will not review almost three hundred pages of Microsoft Word text comments. Accordingly, by 5:00 pm on April 26, 2021, if Plaintiffs intend to oppose the Guardian D efendants' fees, Plaintiffs shall refile their opposition with calculations of time and dollars for each challenged category. Failure to do so will result in waiver of those arguments. For example, regarding the at least 918 entries that are p urely clerical or administrative, Plaintiffs shall provide the Court with the total time spent on those tasks as well as the total fees charged. Plaintiffs shall do the same for all other challenged categories. The deadline for the Guardian Defendants to file their reply, five pages, maximum, is hereby extended from April 27, 2021 to May 3, 2021., (Responses due by 4/26/2021, Replies due by 5/3/2021.) (Signed by Magistrate Judge Ona T. Wang on 4/21/2021) (nb)
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Filing
990
ORDER: Judge Koeltl has remanded the matter to me for a further determination of the award of fees to the Guardian Defendants and the amount of costs to the Guardian Defendants, Total Gym, and the State of New York. (ECF 989). Accordingly, it is HEREBY ORDERED that The Court will review the Guardian Defendants billing invoices submitted at ECF 982. Plaintiffs may file an opposition, ten pages maximum, to the amount of fees sought by April 20, 2021. The opposition shall be limited to spec ific challenges on the billing records; other arguments will be disregarded. The Guardian Defendants may file a reply, five pages maximum, by April 27, 2021. Defendants shall jointly submit a calculation of the pro rata deposition costs to be award ed to each by April 20, 2021. See ECF 989 (The Guardian Defendants, the Total Gym Defendant, and the State are entitled to the pro rata share of the costs of an original plus one copy for each deposition for which reimbursement is sought.). Invoices shall be attached as exhibits. No further briefing from Plaintiffs is permitted on the issue of costs. SO ORDERED., (Responses due by 4/20/2021, Replies due by 4/27/2021.) (Signed by Magistrate Judge Ona T. Wang on 4/6/2021) (nb)
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Filing
967
ORDER: There are currently two pending motion for attorneys' fees and costs (ECF 896, 899), and two motions to appeal clerk's decision on taxation of copies (ECF 951, 963). The moving party for each motion shall deliver to Chambers courtes y copies of all papers for each motion by November 6, 2020 (one copy per motion is sufficient). The mailing address is: Chambers of the Hon. Ona T. Wang, 500 Pearl Street, New York, NY 11201.The courtesy copies shall be: and further set forth in this Order. (Signed by Magistrate Judge Ona T. Wang on 10/23/2020) (rro)
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Filing
886
ORDER: The plaintiff should respond to the defense letters dated June 9, 2020 by June 16, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 6/10/2020) (ks)
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Filing
876
MEMORANDUM OPINION AND ORDER. The Magistrate Judge's Report and Recommendation denying the plaintiffs' request for Rule 11 sanctions is adopted and that motion for Rule 11 sanctions is denied. Similarly, the request by the Tri-State and Gua rdian Defendants for contempt sanctions against the plaintiffs is denied. The plaintiffs had also sought oral argument concerning these outstanding discovery issues. That request is denied. Oral argument on these issues is not warranted. The Magistra te Judges denial of the plaintiffs' request for Rule 37 sanctions against the Defendants is affirmed. The Clerk is directed to close Docket Nos. 813 and 867. So ordered. re: 867 LETTER MOTION for Oral Argument on Objections to Magistrat e's Report and Recommendations addressed to Judge John G. Koeltl from Katherine J. Daniels dated March 2, 2020 filed by Gym Door Repairs, Inc., Safepath Systems LLC, 813 MOTION for Sanctions filed by Gym Door Repairs, Inc., Stephen Cole, Kathleen Cole, Safepath Systems LLC. (Signed by Judge John G. Koeltl on 3/11/2020) (rjm)
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Filing
860
MEMORANDUM OPINION & ORDER re: 813 MOTION for Sanctions filed by Gym Door Repairs, Inc., Stephen Cole, Kathleen Cole, Safepath Systems LLC.For the foregoing reasons, Plaintiffs' request for sanctions under Federal Rule o f Civil Procedure 37, ECF 813, is DENIED. Because Plaintiffs' motion also includes a request for sanctions under Rule 11, which is before Judge Koeltl, this decision does not close ECF 813. (Signed by Magistrate Judge Ona T. Wang on 1/28/2020) (mro)
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Filing
840
ORDER withdrawing 777 Motion for Attorney Fees; withdrawing 782 Motion for Attorney Fees. Defendant Total Gym Repairs, Inc. ("Total Gym") filed a motion for attorney's fees on May 20, 2019. (ECF 777). Defendants Tri-State Folding Partitions, Inc., Peter Mucciolo, Qapala Enterprises, Inc., Guardian Gym Equipment, and James Petriello ("Tri-State/Guardian Defendants") filed a motion for attorney's fees on June 8, 2019. (ECF 782). On July 8, 2019, t he Tri-State/Guardian Defendants filed a notice of withdrawal of their June 8, 2019 attorney's fees motion. (ECF 805). On August 21, 2019, Total Gym Repairs, Inc. filed a notice of withdrawal of its May 20, 2019 attorney's fees motion. (ECF 829). Accordingly, because both attorney's fees motions have been withdrawn by the movants, the Clerk of Court is directed to close ECF 777 and ECF 782. (Signed by Magistrate Judge Ona T. Wang on 12/10/2019) (mro)
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Filing
711
MEMORANDUM OPINION AND ORDER re: 692 LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Patrick McCormick and Eryn Truong dated September 28, 2018 filed by Yes Service and Repairs Corporation, Young Equipment Sales, Inc., 687 MOTION for Reconsideration of Opinion and Order Dated September 19, 2018 filed by Gym Door Repairs, Inc., Safepath Systems LLC, 703 LETTER MOTION for Leave to File Motion to Reconsider Portion of Order Dated September 19, 2018 addressed to Judge John G. Koeltl from Katherine J. Daniels dated October 17, 2018 filed by Katherine Cole, Gym Door Repairs, Inc., Stephen Cole, Safepath Systems LLC, 691 LETTER MOTION to Adjourn Conferenc e addressed to Judge John G. Koeltl from Adam I. Kleinberg dated September 28, 2018 filed by Bellmore Public Schools, Eastern Suffolk Boces. The Court has considered all of the arguments raised by the parties. To the extent not speci fically addressed, the arguments are either moot or without merit. For the reasons explained above, the movants' motion for reconsideration is denied. The movants' motion for leave to file a second motion for reconsideration is also denied. The Clerk of Court is directed to close docket numbers 687, 691, 692, and 703. SO ORDERED. (Signed by Judge John G. Koeltl on 10/30/2018) (anc)
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Filing
685
OPINION AND ORDER re: 511 MOTION for Summary Judgment and Preclusion Sanctions. filed by Carl Thurnau, 542 MOTION for Summary Judgment . filed by Yes Service and Repairs Corporation, Young Equipment Sales, Inc., 535 FIRST MOTION for Summary Judgment . filed by Guardian Gym Equipment, Tri-State Folding Partitions, Inc., James Petriello, Qapala Enterprises, Inc., Peter Mucciolo, 523 MOTION for Summary Judgment . filed by Bellmore Public Schools, Eastern Suffolk Boces, 532 MOTION for Summary Judgment . filed by Total Gym Repairs, Inc. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining ar guments are either moot or without merit. The defendants' motions for summary judgment are granted as explained above. The plaintiffs' claims against Eastern Suffolk BOCES, Bellmore Public Schools, Total Gym Repairs, Inc., Carl Thurnau, Tri -State Folding, Peter Mucciolo, Guardian Gym Equipment, Qapala Enterprises, Inc., and James Petriello are dismissed. The claims against the Young Defendants are dismissed except for the copyright infringement claim. SO ORDERED., (Guardian Gym Equi pment, Peter Mucciolo, James Petriello, Qapala Enterprises, Inc., Carl Thurnau (Individually and as Director of New York State Department of Education Office of Facilities Planning), Total Gym Repairs, Inc., Tri-State Folding Partitions, Inc., Bellmore Public Schools and Eastern Suffolk Boces terminated.) (Signed by Judge John G. Koeltl on 9/19/18) (yv)
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Filing
417
ORDER: terminating 401 Letter Motion for Discovery; terminating 402 Letter Motion for Discovery; terminating 403 Letter Motion for Discovery; terminating 404 Letter Motion for Discovery; terminating 410 Letter Motion for Discovery; ter minating 415 Letter Motion for Discovery. THE DISCOVERY ISSUES RAISED IN DOCKET NUMBERS 401, 402, 403, 404, 410 and 415 WERE RESOLVED AT TODAY'S CONFERENCE. SEE TRANSCRIPT. THE CLERK OF COURT SHALL MARK THE MOTIONS AS CLOSED. (Signed by Magistrate Judge Andrew J. Peck on 9/28/2017) (ap)
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Filing
312
MEMORANDUM OPINION AND ORDEr re: 290 MOTION to Dismiss . filed by Eastern Suffolk Boces. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the motion to dismiss is granted in part and denied in part. The plaintiffs' request for sanctions is denied. The Clerk is directed to close Dkt. 290. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 3/8/2017) (cf)
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Filing
274
MEMORANDUM OPINION ANDORDER re: 228 MOTION for Reconsideration of Order Dismissing Causes of Action for Tortious Interference and Conspiracy as to ESBOCES. filed by Gym Door Repairs, Inc., Safepath Systems LLC, 231 MOTION for Reconsideration re; 224 Memorandum & Opinion . filed by Carl Thurnau, 246 MOTION for Reconsideration of Order Dismissing Causes of Action for Tortious Interference and Conspiracy as to ESBOCES or to Supplement and Amen d Second Amended Complaint. filed by Gym Door Repairs, Inc., Safepath Systems LLC. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, Thurnau's motion for reconsideration is denied; the plaintiffs'motion for reconsideration is denied; and the plaintiffs' request for leave to file an amended complaint is granted. The Clerk is directed to cl ose Dkts. 228, 231, and 246. The plaintiffs are directed to file their Third Amended Complaint within ten (10) days of the date of the filing on ECF of this Memorandum Opinion and Order. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 11/9/2016) (cf)
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Filing
224
AMENDED OPINION AND ORDER. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, they are either moot or without merit. For the reasons explained above, the motions to dismiss are granted in pa rt and denied in part. In sum, The plaintiffs' patent infringement claims are dismissed against all of the defendants. The motions to dismiss the claims of copyright infringement against Thurnau, Total Gym, the SFA/SFMI, the NYCDOE, and the Nass au BOCES defendants are granted. The motions to dismiss the claims of copyright infringement brought by the other defendants are denied. The motions to dismiss the claims of trademark infringement and unfair competition brought by Thurnau, the SFA/SF MI, the NYCDOE, the BOCES defendants, and Bellmore are granted. The motions to dismiss the claims of trademark infringement and unfair competition brought by the other defendants are denied. The motions to dismiss the claims of tortious interference with prospective economic advantage brought by the NYCDOE, the BOCES defendants, Bellmore, and the SFA/SFMI are granted. The motions to dismiss the claims of tortious interference with prospective economic advantage brought by the other defendants ar e denied. The motion to dismiss all claims against Thurnau in his official capacity is granted. The motions to dismiss the claims of civil conspiracy brought by the NYCDOE, the SFA/SFMI, Total Gym, Bellmore, the BOCES defendants, and the Guardian/Tri -State defendants are granted. The motions to dismiss the claims of civil conspiracy brought by the other defendants are denied. The motions to sever or transfer the case are denied. The motion to dismiss the claims against the individual Young defen dants---Richard Young, Brian Burke, and Dennis Schwandtner---is granted. Accordingly, Young, Burke, Schwandtner, the SFA/SFMI, the Nassau BOCES, and the NYCDOE defendants are dismissed from the case. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 9/15/2016) (rjm).
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Filing
214
OPINION AND ORDER. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, they are either moot or without merit. For the reasons explained above, the motions to dismiss are granted in part and d enied in part. In sum, The plaintiffs' patent infringement claims are dismissed against all of the defendants. The motions to dismiss the claims of copyright infringement against Thurnau, Total Gym, the SFA/SFMI, the NYCDOE, and the Nassau BOCES defendants are granted. The motions to dismiss the claims of copyright infringement brought by the other defendants are denied. The motions to dismiss the claims of trademark infringement and unfair competition brought by Thurnau, the SFA/SFMI, the NYCDOE, the BOCES defendants, and Bellmore are granted. The motions to dismiss the claims of trademark infringement and unfair competition brought by the other defendants are denied. The motions to dismiss the claims of tortious interference with pro spective economic advantage brought by the NYCDOE, the BOCES defendants, Bellmore, and the SFA/SFMI are granted. The motions to dismiss the claims of tortious interference with prospective economic advantage brought by the other defendants are denied . The motion to dismiss all claims against Thurnau in his official capacity is granted. The motions to dismiss the claims of civil conspiracy brought by the NYCDOE, the SFA/SFMI, Total Gym, Bellmore, the BOCES defendants, and the Guardian/Tri-State d efendants are granted. The motions to dismiss the claims of civil conspiracy brought by the other defendants are denied. The motions to sever or transfer the case are denied. The motion to dismiss the claims against the individual Young defendants--- Richard Young, Brian Burke, and Dennis Schwandtner---is granted. Accordingly, Young, Burke, Schwandtner, the SFA/SFMI, and the NYCDOE defendants are dismissed from the case. The Clerk is directed to close all pending motions. SO ORDERED. re: 93 MOTION to Dismiss filed by Nassau County Boces, Eastern Suffolk Boces, 112 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by New York State School Facilities Association, School Facilities Management I nstitute, 117 AMENDED MOTION to Dismiss Second Amended Complaint filed by Brian Burke, Richard Young, Yes Service and Repairs Corporation, Dennis Schwandtner, Young Equipment Sales, Inc., 104 MOTION to Dismiss Second Amend ed Complaint filed by Carl Thurnau, 175 MOTION to Dismiss filed by Guardian Gym Equipment, Tri-State Folding Partitions, Inc., James Petriello, Qapala Enterprises, Inc., Peter Mucciolo, 107 MOTION to Dismiss Plain tiffs' Second Amended Complaint and for Attorneys' Fees filed by Total Gym Repairs, Inc., 108 MOTION to Dismiss filed by Bellmore Public Schools, 101 MOTION to Dismiss The Second Amended Complaint filed by New York City Department of Education, 98 MOTION to Dismiss filed by Educational Data Services, Inc., School Facilities Management Institute, Dennis Schwandtner, Richard Young, Brian Burke and New York City Department of Education terminated. (Signed by Judge John G. Koeltl on 9/9/2016) (rjm)
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