Petrusa et al v. The Condominium Board of the Kips Bay Towers Condominium
| Annette Petrusa, Inc., d/b/a Kips Bay Towers Realtor and Annette Petrusa, Inc. doing business as Kips Bay Towers Realtor |
| The Condominium Board of the Kips Bay Towers Condominium and The Condominium Board of the Kips Bay Towers Condominium Inc. |
| Annette Petrusa and Annette Petrusa, Inc. |
| 1:2018cv07723 |
| August 24, 2018 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Colleen McMahon |
| Mary Kay Vyskocil |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
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Filing 36
STIPULATION OF DISCONTINUANCE WITH PREJUDICE & WITHOUT COSTS... IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for all parties who have appeared in the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, that the above entitled action be, and the same hereby is, discontinued with prejudice and without costs to any party as against any other. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/12/20) (yv)
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| Filing 35 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Condominium Board of the Kips Bay Towers Condominium Inc. and without costs. Document filed by Annette Petrusa, Annette Petrusa, Inc.. Proposed Order to be reviewed by Clerk's Office staff...(Kasolas, Haralampo) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #35 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Mary Kay Vyskocil for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Colleen McMahon is no longer assigned to the case..(wb) |
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Filing 34
ORDER granting #33 Letter Motion to Cancel Settlement Conference. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 33 LETTER MOTION to Adjourn Conference (settlement) addressed to Magistrate Judge Kevin Nathaniel Fox from Jennifer Stewart dated 8/27/219. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
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Filing 32
ORDER terminating #30 Letter Motion for Conference. IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on September 4, 2019, at 2:30 p.m., in courtroom 228, 40 Centre Street, New York, New York; and as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/21/2019) (anc)
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| Set/Reset Hearings: Settlement Conference set for 9/4/2019 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (anc) |
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Colleen McMahon on 6/17/2019) (mro)
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| Filing 30 LETTER MOTION for Conference addressed to Judge Colleen McMahon from Jennifer Stewart dated 6/14/19. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
| Filing 29 AMENDED ANSWER to #25 Answer to Complaint, Counterclaim. Document filed by Annette Petrusa, Inc., Annette Petrusa. (Kasolas, Haralampo) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN: Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by 3/15/2019. Amended Pleadings due by 4/19/2019. Joinder of Parties due by 3/15/2019. Deposition due by 6/14/2019. Expert Discovery due by 7/25/2019. Discovery due by 7/25/2019. Joint Pretrial Order due by 9/13/2019. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. Section 636(c). (Signed by Judge Colleen McMahon on 1/24/2019) (mml)
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| Filing 27 MEMO ENDORSEMENT on re: #26 Letter, filed by The Condominium Board of the Kips Bay Towers Condominium Inc. ENDORSEMENT: Conference cancelled. (Signed by Judge Colleen McMahon on 1/24/2019) (rro) |
| Filing 26 LETTER addressed to Judge Colleen McMahon from Jennifer L. Stewart dated 1/23/19 re: Case Management Plan. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc.. (Attachments: #1 Exhibit Proposed Case Management Plan)(Stewart, Jennifer) |
| Filing 25 ANSWER to #1 Complaint,., COUNTERCLAIM against Annette Petrusa, Inc., Annette Petrusa. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
| Filing 23 MEMO ENDORSEMENT on re: #21 LETTER MOTION for Extension of Time to File Answer Complaint addressed to Judge Colleen McMahon from Jennifer L. Stewart dated December 17, 2018. filed by The Condominium Board of the Kips Bay Towers Condominium Inc. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 12/18/2018) (anc) |
| Filing 22 STIPULATION: that the time of the defendant The Condominium Board of the Kips Bay Towers Condominium, Inc. ("Condominium Board"), to answer, move or otherwise respond to the complaint is hereby extended from December 20, 2018 to January 23, 2019. (Signed by Judge Colleen McMahon on 12/18/2018) The Condominium Board of the Kips Bay Towers Condominium Inc. answer due 1/23/2019., Motions terminated: #21 LETTER MOTION for Extension of Time to File Answer Complaint addressed to Judge Colleen McMahon from Jennifer L. Stewart dated December 17, 2018. filed by The Condominium Board of the Kips Bay Towers Condominium Inc. (ks) |
| Filing 21 LETTER MOTION for Extension of Time to File Answer Complaint addressed to Judge Colleen McMahon from Jennifer L. Stewart dated December 17, 2018. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
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Filing 20
ORDER granting #19 Letter Motion to Adjourn Conference; granting #19 Letter Motion for Extension of Time to Answer. OK. January 25, 2018 @ 11:15 am. (The Condominium Board of the Kips Bay Towers Condominium Inc. answer due 12/20/2018.) (Initial Conference set for 1/25/2019 at 11:15 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 11/28/2018) (anc)
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| Filing 19 LETTER MOTION to Adjourn Conference to 1/15/19 addressed to Judge Colleen McMahon from Jennifer Stewart dated 11/28/18., LETTER MOTION for Extension of Time to File Answer to 12/20/18 addressed to Judge Colleen McMahon from Jennifer Stewart dated 11/28/18. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer TheCondominium Board of the Kips Bay Towers Condominium Inc. answer due11/28/2018; granting #17 Letter Motion to Adjourn Conference(InitialConference set for 12/7/2018 at 10:45 AM before Judge Colleen McMahon.)Request granted. (Signed by Judge Colleen McMahon on 11/6/2018) (kv)
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| Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Jennifer Stewart dated 11/5/18., LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Jennifer Stewart dated 11/5/18. Document filed by The Condominium Board of the Kips Bay Towers Condominium Inc..(Stewart, Jennifer) |
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by Annette Petrusa, Inc., Annette Petrusa. ENDORSEMENT: Conference adjourned to 11/9/18 at 10:00am. (Initial Conference set for 11/9/2018 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/5/2018) (mml) |
| Filing 15 LETTER addressed to Judge Colleen McMahon from Bob Kasolas, Esq. dated 10/05/2018 re: Adjournment of Conference. Document filed by Annette Petrusa, Inc., Annette Petrusa.(Kasolas, Haralampo) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by Annette Petrusa, Inc., Annette Petrusa. ENDORSEMENT: Conference adjourned to 10/26/18 at 11:45 a.m. (Initial Conference set for 10/26/2018 at 11:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/3/2018) (jca) |
| Filing 13 LETTER addressed to Judge Colleen McMahon from Bob Kasolas, Esq. dated 10/02/2018 re: Request for Adjournment of Pre-Trial Conference. Document filed by Annette Petrusa, Inc., Annette Petrusa.(Kasolas, Haralampo) |
| Filing 12 NOTICE OF APPEARANCE by Jennifer Lee Stewart on behalf of The Condominium Board of the Kips Bay Towers Condominium Inc.. (Stewart, Jennifer) |
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Filing 11
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. Except as noted in Paragraph 5 below, counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to fax it to the Court within thirty (30) days. The parties must appear for a conference on 10/12/2018 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 10:30 a.m. And as set forth herein. Initial Conference set for 10/12/2018 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/10/2018) (ama)
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| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. The Condominium Board of the Kips Bay Towers Condominium Inc. waiver sent on 9/6/2018, answer due 11/5/2018. Document filed by Annette Petrusa; Annette Petrusa, Inc.. (Kasolas, Haralampo) |
| Filing 9 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to The Condominium Board of the Kips Bay Towers Condominium Inc.. (dnh) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The Condominium Board of the Kips Bay Towers Condominium Inc., re: #2 Complaint. Document filed by Annette Petrusa, Inc., Annette Petrusa. (Kasolas, Haralampo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Haralampo Kasolas to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption must directly correspond to the pleading; defendant name listed in the 'To' section and on the 'as to' section of the docket entry must directly correspond to the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Condominium Board of the Kips Bay Towers Condominium, re: #2 Complaint. Document filed by Annette Petrusa, Inc., Annette Petrusa. (Kasolas, Haralampo) Modified on 8/28/2018 (dnh). |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Annette Petrusa, Inc., Annette Petrusa.(Kasolas, Haralampo) |
| Filing 4 CIVIL COVER SHEET filed. (Kasolas, Haralampo) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Kasolas, Haralampo) |
| Filing 2 COMPLAINT against Annette Petrusa, Annette Petrusa, Inc.. Document filed by Annette Petrusa, Annette Petrusa, Inc..(Kasolas, Haralampo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Haralampo Kasolas. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Haralampo Kasolas. The party information for the following party/parties has been modified: Annette Petrusa, Inc. ;The Condominium Board of the Kips Bay Towers Condominium Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party type was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Haralampo Kasolas to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error; the attorney signature on the pleading must directly correspond to the filing user name. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Haralampo Kasolas to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against The Condominium Board of the Kips Bay Towers Condominium. (Filing Fee $ 400.00, Receipt Number 0208-15489530)Document filed by Annette Petrusa, Annette Petrusa, Inc., d/b/a Kips Bay Towers Realtor.(Kasolas, Haralampo) Modified on 8/27/2018 (dnh). |
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