Zpots LLC v. Home Essentials & Beyond, Inc.
Plaintiff: Zpots LLC
Defendant: Home Essentials & Beyond, Inc.
Case Number: 1:2018cv09196
Filed: October 8, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 la
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2018 Opinion or Order Filing 26 ORDER TO SHOW CAUSE filed by Zpots LLC. It is ordered: That Defendant Home Essentials & Beyond, Inc. show cause before the above-entitled court at the United States District Court Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312, Courtroom 12C on January 8, 2019 at 4:00 PM, or as soon thereafter as counsel may be heard, as to why the Court should not grant a default judgement on Causes of Action Two and Three of Plaintiff's Complaint; and order an inquest to determine monetary damages; and award Plaintiff its costs and attorneys fees in this action; and issue a permanent injunction barring Defendants from further manufacturing and selling the infringing goods described in the Complaint and to recall all infringing goods from its wholesale customers; and it is further Ordered: That a copy of this Order to Show Cause and of the Complaint in thisaction be personally served upon Defendant on or before December 12, 2018. Ordered: that plaintiff file an affidavit of service no later than December 15, 2018; Ordered: that any opposition be filed no later than January 2, 2019; and Ordered: that any reply be filed no later than January 6, 2019. (Show Cause Hearing set for 1/8/2019 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Replies due by 1/6/2019. Show Cause Response due by 1/2/2019.) (Signed by Judge Gregory H. Woods on 12/5/2018) (anc)
December 4, 2018 Filing 25 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Zpots LLC. (Rapp, Paul) Proposed Order to be reviewed by Clerk's Office staff.
December 4, 2018 Filing 24 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Zpots LLC. (Rapp, Paul) Proposed Default Judgment to be reviewed by Clerk's Office staff.
December 4, 2018 Filing 23 MEMORANDUM OF LAW in Support re: #21 MOTION for Order to Show Cause for default judgement. . Document filed by Zpots LLC. (Rapp, Paul)
December 4, 2018 Filing 22 AFFIDAVIT of Paul C Rapp in Support re: #21 MOTION for Order to Show Cause for default judgement.. Document filed by Zpots LLC. (Attachments: #1 Affidavit affidavit of service, #2 Exhibit certificate of default)(Rapp, Paul)
December 4, 2018 Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause for default judgement. Document filed by Zpots LLC.(Rapp, Paul) Modified on 12/4/2018 (dt).
December 4, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Paul Rapp to RE-FILE Document #21 MOTION for Order to Show Cause for default judgement.. Use the event type Proposed Order to Show Cause found under the event list Prposed Orders. (dt)
December 4, 2018 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #24 Proposed Default Judgment was reviewed and approved as to form. (dt)
December 4, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #25 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
November 20, 2018 Opinion or Order Filing 20 ORDER: On November 19, 2018 Plaintiff obtained a clerks certificate of default in this case. If Plaintiff intends to move for an order to show cause for default judgment, the Court expects them to do so, pursuant to the procedure established in the Court's Individual Rules of Practice in Civil Cases, no later than December 7, 2018. Plaintiff is directed to serve this order on Defendant, and to retain proof of service. ( Motions due by 12/7/2018.) (Signed by Judge Gregory H. Woods on 11/20/2018) (mro)
November 19, 2018 Filing 19 CLERK'S CERTIFICATE OF DEFAULT as to Home Essentials & Beyond, Inc. (km)
November 19, 2018 Filing 18 AFFIDAVIT of Paul C Rapp in Support re: #17 Proposed Clerk's Certificate of Default. Document filed by Zpots LLC. (Rapp, Paul)
November 19, 2018 Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Zpots LLC. (Rapp, Paul) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
November 19, 2018 Filing 16 AFFIRMATION of Paul C Rapp re: #15 Proposed Default Judgment, #1 Complaint, #11 Affidavit of Service Complaints . Document filed by Zpots LLC. (Rapp, Paul)
November 19, 2018 Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Zpots LLC. (Rapp, Paul) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 11/19/2018 (dt).
November 19, 2018 Filing 14 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Zpots LLC. (Attachments: #1 Affidavit) (Rapp, Paul) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/19/2018 (dt).
November 19, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Paul Rapp to RE-FILE Document #14 Proposed Clerk's Certificate of Default. under Proposed Orders, Proposed Clerk's Certificate of Default, then separately file the Affidavit in Support, under Other Answers, Affidavit in support of a Non-Motion. refer to ECF Rule 16.1. (dt)
November 19, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Paul Rapp to RE-FILE Document #15 Proposed Default Judgment. Use the event type PROPOSED CLERK'S CERTIFICATE OF DEFAULT found under the event list PROPOSED ORDERS, THEN RE-FILE THE AFFIDAVIT IN SUPPORT UNDER, OTHER ANSWERS, AFFIDAVIT IN SUPPORT OF A NON-MOTION. (dt)
October 24, 2018 Opinion or Order Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/11/2018 at 03:20 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/24/2018) (anc)
October 24, 2018 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/11/2018 at 03:20 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/24/2018) (jca)
October 24, 2018 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Home Essentials & Beyond, Inc. served on 10/19/2018, answer due 11/9/2018. Service was accepted by Sue Zouky. Document filed by Zpots LLC. (Rapp, Paul)
October 10, 2018 Filing 10 ELECTRONIC SUMMONS ISSUED as to Home Essentials & Beyond, Inc.. (dnh)
October 9, 2018 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to HOME ESSENTIALS & BEYOND, INC., re: #1 Complaint. Document filed by Zpots LLC. (Rapp, Paul)
October 9, 2018 Filing 8 CIVIL COVER SHEET filed. (Rapp, Paul)
October 9, 2018 Filing 7 CIVIL COVER SHEET filed. (Rapp, Paul)
October 9, 2018 Filing 6 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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)
October 9, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul Charles Rapp to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Citizenship of Principal Parties is only to be completed for Diversity case. According to selections made on CM/ECF, there was no Judge Previously Assigned. Please amend these selections on the pdf to correctly reflect selections made on CM/ECF. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)
October 9, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Charles Rapp. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh)
October 9, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Charles Rapp. The party information for the following party/parties has been modified: Zpots LLC ; Home Essentials & Beyond, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh)
October 9, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
October 9, 2018 Case Designated ECF. (dnh)
October 9, 2018 Magistrate Judge Robert W. Lehrburger 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)
October 9, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul Charles Rapp to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is incomplete; No District Court selected; attorney information omitted. 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)
October 8, 2018 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - INCOMPLETE SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Home Essentials & Beyond, Inc, re: #1 Complaint. Document filed by Zpots LLC. (Rapp, Paul) Modified on 10/9/2018 (dnh).
October 8, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zpots LLC.(Rapp, Paul)
October 8, 2018 Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Rapp, Paul)
October 8, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Rapp, Paul) Modified on 10/9/2018 (dnh).
October 8, 2018 Filing 1 COMPLAINT against Home Essentials & Beyond, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15674144)Document filed by Zpots LLC. (Attachments: #1 Exhibit)(Rapp, Paul)

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Plaintiff: Zpots LLC
Represented By: Paul Charles Rapp
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