Avalanche IP LLC v. Iapparel LLC et al
| Avalanche IP LLC |
| BCTS Brands LLC and Iapparel LLC |
| 1:2018cv09667 |
| October 22, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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Filing 19
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows: Subject to the Court's approval of this Stipulation, Plaintiff waives Defendants' default in responding to the complaint filed herein. Defendants shall respond to the complaint no later than January 7, 2019. Defendants time to answer or otherwise respond to the Complaint is hereby EXTENDED, nunc pro tunc, to January 7, 2019. The Courts Order scheduling default judgment briefing and a show cause hearing (Docket No. 13) is VACATED. In light of the foregoing, the initial pretrial conference in this matter is reinstated and January 17, 2019 at 3:00 p.m. (the time previously scheduled for the default judgment hearing (see Docket No. 13)). The parties are reminded that they are required to file a joint letter addressing certain topics no later than the Thursday prior to the initial pretrial conference. (See Docket No. 9). (BCTS Brands LLC answer due 1/7/2019; Iapparel LLC answer due 1/7/2019. Initial Conference set for 1/17/2019 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/12/2018) (ne)
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 17 LETTER addressed to Judge Jesse M. Furman from Bruce R. Ewing dated December 12, 2018 re: request to approve the Stipulation and proposed order. Document filed by Avalanche IP LLC.(Ewing, Bruce) |
| Filing 16 NOTICE OF APPEARANCE by Michael James Sheppeard on behalf of BCTS Brands LLC, Iapparel LLC. (Sheppeard, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Order, dated November 27, 2018 served on BCTS Brands, LLC on November 28, 2018. Service was accepted by Sue Zouky/Clerk. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 14 AFFIDAVIT OF SERVICE of Order, dated November 27, 2018 served on IApparel, LLC on November 28, 2018. Service was accepted by S. Bartholemew. Service was made by FedEx. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
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Filing 13
Vacated as per Judge's Order dated 12/12/2018, Doc. # 19 ORDER: It is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at http://nysd.uscourts.gov/judge/Furman), no later than December 12, 2018. Defendant shall file any opposition to the motion for default judgment no later than January 9, 2019. Defendants are cautioned that a limited liability company may only appear in federal court through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where a limited liability company "repeatedly fails to appear by counsel, a default judgment may be entered against it." Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006). If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on January 17, 2019, at 3:00 p.m. (the time currently scheduled for the initial pretrial conference (see Docket No. 9)), why an order should not be issued granting a default judgment against Defendants. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff serve Defendants via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, Plaintiff must promptly file proof of such service on the docket. (Show Cause Hearing set for 1/17/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Motions due by 12/12/2018. Responses due by 1/9/2019) (Signed by Judge Jesse M. Furman on 11/27/2018) (jwh) Modified on 12/12/2018 (ne). Modified on 12/12/2018 (ne).
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Iapparel LLC served on 11/1/2018, answer due 11/23/2018. Service was accepted by Victoria Maiorano. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. BCTS Brands LLC served on 11/5/2018, answer due 11/26/2018. Service was accepted by Nancy Dougherty/Clerk. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 10 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). (jgo) |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/17/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this Order) (Signed by Judge Jesse M. Furman on 10/24/2018) (ne)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Iapparel LLC. (jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to BCTS Brands LLC. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bruce Roy Millar Ewing. The following case opening statistical information was erroneously selected/entered: Cause of Action code No selection; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the County code has been modified to New York;. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Ewing, Bruce) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to BCTS Brands LLC, re: #1 Complaint. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Iapparel LLC, re: #1 Complaint. Document filed by Avalanche IP LLC. (Ewing, Bruce) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Avalanche IP LLC.(Ewing, Bruce) |
| Filing 2 CIVIL COVER SHEET filed. (Ewing, Bruce) |
| Filing 1 COMPLAINT against BCTS Brands LLC, Iapparel LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-15783744)Document filed by Avalanche IP LLC. (Attachments: #1 Exhibit 1)(Ewing, Bruce) |
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