Fischer v. Brushy Mountain Bee Farm, Inc. et al
| James H. Fischer |
| Brushy Mountain Bee Farm, Inc., BMBF Holdings, Inc., Hadley Capital, Stephen T. Forrest, Jr., Sandra F. Forrest, Shane R. Gebauer, Scott B. Dickes, Richard Clayton Brock, Garden Trends, Inc., John Does 1-10 and John Doe Entities 1-10 |
| 1:2017cv10094 |
| December 22, 2017 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Trademark |
| 17 U.S.C. ยง 101 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
66
OPINION & ORDER re: 38 MOTION to Dismiss . filed by Richard Clayton Brock, Sandra F. Forrest, Stephen T. Forrest, Jr., Hadley Capital, Scott B. Dickes, Brushy Mountain Bee Farm, Inc., Garden Trends, Inc., Shane R. Gebauer, BMB F Holdings, Inc.. For the foregoing reasons, the Court grants defendants' motion for summary judgment. The Clerk of Court is respectfully directed to close the motion pending at Docket 38, to close this case, and to mail a copy of this decision to Fischer at the address on hand. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/12/2023) (ks) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
60
ORDER: On February 26, 2019, the Honorable Ona T. Wang, Magistrate Judge, issued a Report and Recommendation as to defendants' motion to dismiss. Dkt. 49. The Court thereafter stayed the case, Dkt. 51, and withheld its ruling pending the outcome of settlement discussions, Dkt. 57. The Court is now turning its attention to this matter. Given that plaintiff's most recent updates indicated the potential for settlement, the Court directs the parties to file, no later than June 8, 2023, a j oint update as to the status of this case as well as the parties' views on the implications, if any, of the Second Circuit's decision in Fischer v. Forrest, 968 F.3d 216 (2d Cir. 2020), on this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/01/2023) (ama)
|
|
Filing
49
REPORT & RECOMMENDATION re: 38 MOTION to Dismiss filed by Richard Clayton Brock, Sandra F. Forrest, Stephen T. Forrest, Jr., Hadley Capital, Scott B. Dickes, Brushy Mountain Bee Farm, Inc., Shane R. Gebauer, Garden Trends, I nc., BMBF Holdings, Inc. The Court has considered all of the arguments raised by the parties. For the reasons discussed above, I respectfully recommend that Defendants' Motion to Dismiss be GRANTED. Pursuant to 28 U.S.C. § 636(b)(1) a nd Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days (including weekends and holidays) from service of this Report to file written objections. See also Fed. R. Civ. P. 6 (allowing three (3) additional da ys for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be addressed to the Honorable Paul A. Engelmayer, United States District Judge. Any requests for an extension of time for filing objections must be directed to Judge Engelmayer. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. (See Thomas v. Arn, 474 U. S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983)). (Objections to R&R due by 3/12/2019.) (Signed by Magistrate Judge Ona T. Wang on 2/26/2019) (rro)
|
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
