Happy Tax Franchising, LLC et al v. H&R Block, Inc. et al
| Happy Tax Franchising, LLC and Happy Tax Brands LLC |
| HRB Digital LLC, H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., H&R Block Eastern Enterprises, Inc. and HRB Tax Group, Inc. |
| 1:2019cv00451 |
| January 16, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Trademark |
| 15 U.S.C. § 1125 la |
| Defendant |
Docket Report
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This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 LETTER addressed to Judge Katherine Polk Failla from John G. Froemming dated March 13, 2019 re: Pre-motion conference regarding motions to dismiss. Document filed by H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC, HRB Tax Group, Inc..(Froemming, John) |
Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 7/8/2019. Expert Discovery due by 8/30/2019. Deposition due by 8/30/2019. Depositions of fact witnesses shall be completed by July 8, 2019. Unless otherwise ordered by the Court, within 30 days of the close of all discovery, or, if a dispositive motion has been filed, within 30 days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Fed. R. Civ. P. 26(a)(3). Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial 30 days after the Joint Pretrial Order is filed. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate ofthe length of trial is 5 days. Pretrial Conference set for 7/10/2019 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/13/2019) (anc) Modified on 3/13/2019 (anc).
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Filing 18
STIPULATION AND ORDER TO CORRECT DEFENDANT'S NAME: THEREFORE, the parties hereby stipulate that "H&R Block Tax Group, Inc." should be replaced in the case caption with HRB Tax Group, Inc.; and as further set forth herein. SO ORDERED. (HRB Tax Group, Inc. added. H&R Block Tax Group, Inc. terminated.) (Signed by Judge Katherine Polk Failla on 3/13/2019) (anc)
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Happy Tax Brands LLC, Happy Tax Franchising, LLC. (Brennan, Kerry) |
| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Happy Tax Brands LLC, Happy Tax Franchising, LLC. (Brennan, Kerry) |
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Happy Tax Brands LLC, Happy Tax Franchising, LLC. (Brennan, Kerry) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/6/2019) (kv)
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| Filing 13 JOINT LETTER MOTION for Extension of Time of Defendants to answer or otherwise plead addressed to Judge Katherine Polk Failla from John G. Froemming dated March 6, 2019. Document filed by H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC.(Froemming, John) |
| Set/Reset Deadlines: H&R Block Eastern Enterprises, Inc. answer due 3/15/2019; H&R Block Enterprises LLC answer due 3/15/2019; H&R Block Tax Group, Inc. answer due 3/15/2019; H&R Block, Inc. answer due 3/15/2019; HRB Digital LLC answer due 3/15/2019. (kv) |
| Filing 12 NOTICE OF APPEARANCE by John G. Froemming on behalf of H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC. (Froemming, John) |
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Filing 11
ORDER granting #10 Letter Motion for Leave to File Document. The motion of John G. Froemming for admission to practice Pro Hac Vice in the above-captioned action is hereby GRANTED. Mr. Froemming has declared that he is a member in good standing of the bar of the District of Columbia, and that his contact information is as follows: and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 2/15/2019) (rro)
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| Filing 10 LETTER MOTION for Leave to File proposed order for admission of John G. Froemming pro hac vice addressed to Judge Katherine Polk Failla from Jennifer L. Del Medico dated February 15, 2019. Document filed by H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC. (Attachments: #1 Text of Proposed Order)(Del Medico, Jennifer) |
| Filing 9 LETTER addressed to Judge Katherine Polk Failla from Kerry A. Brennan, Esq. dated February 15, 2019 re: PI Hearing. Document filed by Happy Tax Brands LLC, Happy Tax Franchising, LLC.(Brennan, Kerry) |
| Filing 8 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/17/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 7 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/17/2019 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019.(McGuirk, Kelly) |
| Filing 6 LETTER addressed to Judge Katherine Polk Failla from Jennifer L. Del Medico dated 2/6/2019 re: pro hac vice admission. Document filed by H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC. (Attachments: #1 Affidavit of John Froemming, #2 John Froemming certificate of good standing)(Froemming, John) |
| Filing 5 NOTICE OF APPEARANCE by Kerry Ann Brennan on behalf of Happy Tax Brands LLC, Happy Tax Franchising, LLC. (Brennan, Kerry) |
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Filing 4
ORDER: For the reasons set forth in Court earlier today, Plaintiffs' motion for a temporary restraining order is DENIED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/16/2019) (rro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 1/17/2019. Attorney Kerry A. Brennan representing Plaintiffs present. Plaintiffs present by Mario Costanz. Attorneys John Froemmeng and Jennifer Del Medico representing Defendants present. Mr. Froemmeng admitted Pro Hac Vice. Plaintiffs' motion for Temporary Restraining Order is denied. Plaintiffs are to submit a letter to the Court regarding whether plaintiffs contemplate making a motion for preliminary injunction. After receipt of said letter, the Court will decide on Defendants' answer/response schedule. (Court Reporter Lisa Smith) (tn) Modified on 2/6/2019 (tn). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent H&R Block Inc. for H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., HRB Digital LLC; Other Affiliate BlackRock Inc. for H&R Block, Inc.. Document filed by H&R Block Eastern Enterprises, Inc., H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., HRB Digital LLC.(Del Medico, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed. (Del Medico, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650195/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16197401).Document filed by H&R Block Enterprises LLC, H&R Block Tax Group, Inc., H&R Block, Inc., H&R Block Eastern Enterprises, Inc., HRB Digital LLC. (Attachments: #1 Exhibit A - Clerk's Minutes, #2 Exhibit B - Summons with Notice, #3 Exhibit C - Amended Summons, #4 Exhibit D - Complaint, #5 Exhibit E - RJI, #6 Exhibit F - Commercial Division addendum)(Del Medico, Jennifer) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jennifer Lynn Del Medico. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant);. (jgo) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jennifer Lynn Del Medico 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. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Stewart D. Aaron 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
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