Aquavit Pharmaceuticals, Inc. v. U-Bio Med, Inc. et al
| Aquavit Pharmaceuticals, Inc. |
| Nyun Shi Eum, Nyeon-Sik Eum, Global Medi Products and U-Bio Med, Inc. |
| 1:2019cv03351 |
| April 15, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Robert W Lehrburger |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 321
STATUS REPORT. DECLARATION OF DANIEL J. NEVRIVY IN SUPPORT OF PLAINTIFFS SUPPLEMENTAL BRIEF REGARDING DEFENDANTS FAILURE TO CEASE ALL VIOLATIONS OF THE MODIFIED PRELIMINARY INJUNCTION Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-16).(Nevrivy, Daniel)
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Filing 320
STATUS REPORT. PLAINTIFFS SUPPLEMENTAL BRIEF REGARDING DEFENDANTS FAILURE TO CEASE ALL VIOLATIONS OF THE MODIFIED PRELIMINARY INJUNCTION Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 319
ORDER granting #318 Letter Motion for Extension of Time. SO ORDERED. Brief due by 11/2/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 10/13/2021) (mml)
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Filing 318
FIRST LETTER MOTION for Extension of Time to file a supplemental brief on coercive sanctions addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy and Jennifer Bayles dated October 12, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 317
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 9/16/2021 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....(kv)
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Filing 316
TRANSCRIPT of Proceedings re: Telephone Conference held on 9/16/2021 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/13/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/21/2021..(kv)
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Filing 315
ORDER: Pursuant to the case management conference held on September 16, 2021 (and supplemented or modified by further deliberation of the Court): Plaintiff repeatedly has failed to timely produce its sales records. Plaintiff shall produce its sales records by September 30, 2021. With respect to scope of production of its sales records, Plaintiff may raise with the Court only issues-if any that were not previously agreed upon by counsel for the parties. Plaintiff must also bear in mind whether it previously objected to any such request; if no objection was raised, then it has been waived. By October 7, 2021, Defendants shall produce, for all of 2019 to the present, monthly statements for all corporate bank accounts to which deposits are made of proceeds from product sales. The parties have made several submissions regarding Defendants' alleged failures to cure violations, or alleged new violations, of the MPI in the time since the Court issued its last decision regarding sanctions. (See Dkt. 299, 309, 310, 311.) Those filings appear to raise the following issues: (a) alleged failures by Defendants to cure MPI violations by 5:00 pm on September 3, 2021 as required by Dkt. 296; (b) alleged continuing failure to cure violations required by Dkt. 296; (c) alleged new violations of the MPI; (d) the amount of any coercive sanctions or other relief warranted as a result. To the extent the parties wish to supplement their submissions to enable the Court to address those issues, the parties shall file supplemental briefs of no more than 10 pages by October 14, 2021 and any responding briefs of no more than 10 pages by October 28, 2021. Plaintiff's opening brief shall specify the relief it seeks and the amount of any coercive sanctions to be imposed. Any compensatory sanctions shall be reserved and dealt with in connection with resolution on the full merits. Fact discovery shall conclude no later than December 31, 2021. Requests to admit shall be served no later than December 15, 2021. Expert discovery shall conclude no later than March 21, 2022. The parties shall meet and confer about exchange of expert disclosures no later than January 15, 2022. Failure to comply may result in sanctions, including monetary sanctions, evidentiary sanctions, or other sanctions. So Ordered. (Brief due by 10/14/2021., Expert Discovery due by 3/21/2022., Fact Discovery due by 12/31/2021., Responses due by 10/28/2021) (Signed by Magistrate Judge Robert W. Lehrburger on 9/16/2021) Copies transmitted this date to all counsel of record. (js)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Case Management Conference held on 9/16/2021 at 2:30 p.m. (rsh)
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Filing 314
STATUS REPORT. Letter Re Document 312 Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 313
NOTICE of Reminder to Parties: Case Management Conference set for 9/16/2021 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices.(rsh)
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Filing 312
STATUS REPORT. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 311
STATUS REPORT. Bayles Declaration and Exhibits Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit).(Vetter, Thomas)
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Filing 310
STATUS REPORT. Nevrivy Declaration and Exhibits Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit).(Vetter, Thomas)
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Filing 309
STATUS REPORT. Joint Supplemental Letter re MPI Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 308
ORDER granting #302 Letter Motion for Extension of Time. Extension granted. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 9/10/2021) (kv)
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Filing 307
MEMO ENDORSEMENT on re: #303 Response to Motion,, filed by Aquavit Pharmaceuticals, Inc.. ENDORSEMENT: Plaintiff may submit the additional evidence of contempt as requested. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/10/2021) (kv)
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Filing 306
ORDER granting #304 Letter Motion to Adjourn Conference. The parties shall coordinate with the Deputy Clerk to schedule a new date. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 9/10/2021) (kv)
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Filing 305
NOTICE to parties, the scheduled Case Management Conference set for 9/16/2021 will begin at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices.(rsh)
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Set/Reset Deadlines: Responses due by 9/13/2021 (kv)
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Filing 304
LETTER MOTION to Adjourn Conference PLAINTIFFS LETTER MOTION REQUESTING RESCHEDULING OF THE CASE MANAGEMENT CONFERENCE HEARING addressed to Magistrate Judge Robert W. Lehrburger from Jennifer Bayles and Daniel J. Nevrivy dated September 9, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 303
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Jennifer Bayles and Daniel J. Nevrivy dated September 9, 2021 re: #302 LETTER MOTION for Extension of Time to File Response addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated September 9, 2021. PLAINTIFFS LETTER CONSENTING TO DEFENDANTS REQUEST FOR AN EXTENSION OF TIME TO SUPPLEMENT THE PARTIES JOINT LETTER. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 302
LETTER MOTION for Extension of Time to File Response addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated September 9, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 301
ORDER granting #298 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/7/2021) (mml)
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Filing 300
NOTICE of Hearing: Case Management Conference set for 9/16/2021 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Set/Reset Deadlines: Responses due by 9/9/2021. (mml)
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Filing 299
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy and Thomas J. Vetter dated September 6, 2021 re: JOINT LETTER REGARDING WHETHER DEFENDANTS HAVE CEASED ALL VIOLATIONS OF THE MODIFIED PRELIMINARY INJUNCTION. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit 1-25).(Nevrivy, Daniel)
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Filing 298
LETTER MOTION for Leave to File Response to New Allegations and Arguments addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated September 6, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 297
PROPOSED CASE MANAGEMENT PLAN. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Transmission to Finance Unit (Cashiers). Transmitted re: #296 Order Adopting Report and Recommendations, Set Deadlines/Hearings,,,,,,,,,,,,,,,,, to the Finance Unit (Cashiers) for case processing. (ama)
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Filing 296
ORDER: Adopting REPORT AND RECOMMENDATION: for #272 Report and Recommendation. IT IS HEREBY ORDERED that the R&R is adopted in part and modified in part. The Court finds no clear error in the four findings of the R&R to which neither party objected. 54-55. Accordingly, the Court adopts Judge Lehrburger's recommendation that determination of the amount of Defendants' ill-gotten gains must await completion of all discovery so that theCourt will have the benefit of the complete record. for contempt). Accordingly, the Court adopts Judge Lehrburger's recommendation that any sanctions related to the deleted Instagram account be folded into the preexisting sanctions requiring Defendants to pay 75% of Plaintiff's reasonable attorneys' fees and costs associated with the sanctions-related motions. Accordingly, the Court adopts Judge Lehrburger's recommendation that Plaintiff's motion for sanctions for Defendants' discovery violations be denied without prejudice to Plaintiff re-raising such issues at a later stage and upon a more complete record. The Court additionally finds no clear error in Judge Lehrburger's award of $265,248.00 in attorneys' fees and $2,614.89 in costs to Plaintiff as compensatory sanctions for Defendants' many violations of the MPI, including deletion of the Instagram account. Id. at 6172. On April 17, 2020, the Court found that compensatory sanctions equal to 75% of Plaintiff's fees and costs expended in connection with its contempt motions are appropriate. Contempt Order, 2020 WL 1900502, at *10. Judge Lehrburger was correct to use the "lodestar" method to arrive at a reasonable. Accordingly, the Court adopts Judge Lehrburger's fee award. See R&R at 62 (collecting cases discussing the lodestar method). Accordingly, the Court adopts Judge Lehrburger's recommendation that Defendants be ordered to pay Plaintiff $265,248.00 in attorneys' fees and $2,614.89 in costs. The Clerk of Court is respectfully directed to close the open motions at docket entries 213 and 216. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/30/2021) (ama)
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Filing 295
ORDER FOR ADMISSION PRO HAC VICE granting #294 Motion for Jennifer Bayles, Esq. to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 8/30/2021) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #294 MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 294
MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission for Pro Hac Vice).(Bayles, Jennifer)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #293 FIRST MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice (Amended Motion). Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New York; missing Proposed Order; Attorney Affidavit/Declaration missing as per local rule 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #292 FIRST MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24987727. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from The District of Columbia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 293
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice (Amended Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc...(Bayles, Jennifer) Modified on 8/27/2021 (bcu).
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Filing 292
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jennifer Bayles, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24987727. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission).(Bayles, Jennifer) Modified on 8/27/2021 (bcu).
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Filing 291
AFFIRMATION of Jennifer Bayles, Esq. in Support re: #285 FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Daniel Nevrivy, New Attorney: Jennifer Bayles addressed to Judge Valerie E. Caproni from Jennifer Bayles, Esq. dated August 23, 2021.. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Supplement Certificate of Good Standing).(Bayles, Jennifer)
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Filing 290
ORDER granting #289 Letter Motion for Extension of Time. So Ordered. Motions due by 9/3/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 8/26/2021) (js)
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Filing 289
FIRST LETTER MOTION for Extension of Time to file a proposed amended case management schedule addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated August 25, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #285 FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Daniel Nevrivy, New Attorney: Jennifer Bayles addressed to Judge Valerie E. Caproni from Jennifer Bayles, Esq. dated August 23, 2021... The filing is deficient for the following reason(s): the wrong event type was used to file the motion;. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 288
MEMO ENDORSEMENT on re: #284 SECOND LETTER MOTION for Extension of Time to file notice of appearance addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated August 23, 2021. filed by Aquavit Pharmaceuticals, Inc. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/24/2021) (mml)
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Filing 287
ORDER denying without prejudice #285 Letter Motion to Substitute Attorney. The motion of Jennifer Bayles for admission pro hac vice is denied without prejudice. The supporting declaration does not comply with 28 U.S.C. 1746, which requires that declarations be sworn to under penalty of perjury. The Court also notes that there is no "1st Circuit Court of New York"; the Court presumes that the applicant is referring to the 1st Department. (See submitted Declaration at paragraphs 1 and 4.) Also, the notice of appearance sought by counsel is not to the "2nd Circuit ourt"; rather, it is to the federal district court for the Southern District of New York. (See submitted Declaration at paragraph 2.) By August 27, 2021, Ms. Bayles shall submit a revised declaration and proposed order complying with this Order. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 286
ORDER granting #284 Letter Motion for Extension of Time: The request for an extension of time to complete substitution of counsel is granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 285
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Daniel Nevrivy, New Attorney: Jennifer Bayles addressed to Judge Valerie E. Caproni from Jennifer Bayles, Esq. dated August 23, 2021. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Supplement Declaration, #2 Text of Proposed Order Proposed Order).(Bayles, Jennifer) Modified on 8/25/2021 (bcu).
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Filing 284
SECOND LETTER MOTION for Extension of Time to file notice of appearance addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated August 23, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 283
ORDER granting #282 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/23/2021) (mml)
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Filing 282
FIRST LETTER MOTION for Extension of Time for filing a notice of appearance addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated August 20, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 281
ORDER granting #280 REQUESTING ADDITONAL FIVE DAY EXTENSION OF TIME to review their document production. So Ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 8/12/2021) (js)
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Filing 280
LETTER MOTION for Extension of Time of Additional Five Days addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated August 11.2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 279
OBJECTION to #272 Report and Recommendations Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nevrivy, Daniel to RE-FILE Document #278 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection to Report and Recommendations found under the event list Other Answers. (tp)
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Filing 278
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #272 Report and Recommendations,,,,,,,. Document filed by Aquavit Pharmaceuticals, Inc.. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Thomas J. Vetter..(Nevrivy, Daniel) Modified on 8/2/2021 (tp).
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Filing 277
ORDER granting #276 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/30/2021) (mml)
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Filing 276
LETTER MOTION for Extension of Time to Review Document Production addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated July 29, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 275
MEMO ENDORSEMENT on re: #274 Status Report filed by Aquavit Pharmaceuticals, Inc. ENDORSEMENT: The parties' request to indefinitely suspend the current Case Management Plan (set forth at Dkt. 253) is DENIED. The Court extends its sympathies to Plaintiff's counsel regarding his father's medical issues and extends wishes for a full recovery. Plaintiff represents that it is obtaining a new lead counsel. (Dkt. 274 at 2-3.) Plaintiff already has cycled through five different law firms. Further, both parties are at fault for not timely fulfilling their discovery obligations. Accordingly, the current Case Management Plan remains in place. New or additional counsel for Plaintiff shall put in appearance no later than August 20, 2021. Upon appearance of Plaintiff's new lead counsel, the parties may jointly propose a further amended case management schedule, but shall do so no later than August 25, 2021 (as the current fact discovery deadline is August 26, 2021). SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/26/2021) (vfr)
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Filing 274
STATUS REPORT. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 273
ORDER: By July 30, 2021, Defendants shall review their document production in its entirety for the purpose of distinguishing between documents that are Highly Confidential and those that are not. By August 5, 2021, Defendants shall produce new copies of any re-classified documents with the appropriate designation. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/16/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 272
REPORT AND RECOMMENDATION re: #213 MOTION for Sanctions filed by U-Bio Med, Inc., Aquavit Pharmaceuticals, Inc. For the foregoing reasons, I recommend: 1) Deferring determination of the dollar amount of profits to be disgorged as compensatory damages for Defendants' contemptuous violations of the Injunction until completion of all discovery and on a complete record in the context of ascertaining profits to be disgorged for the entirety of Defendants' infringing conduct; 2) Awarding Plaintiff sanctions for Defendants' deletion of their @aquagoldubio Instagram account, such sanctions being 75% of the fees, plus costs, incurred by Plaintiff in moving for sanctions with respect to that deletion (such amount being incorporated in the award of reasonable attorney's fees and costs set forth below); 3) Awarding Plaintiff no sanctions for Defendants' discovery violations with respect to contempt-related discovery but without prejudice to a later application at the conclusion of overall discovery; 4) Awarding coercive sanctions in the amount of $2,500 per day for every day that Defendants fail to cure their continuing violations of the Injunction, such sanctions to begin eight days after a court order adopting this recommendation; 5) Awarding Plaintiff reasonable attorneys' fees in the amount of $265,248.00, and costs in the amount of $2,614.89, expended in connection with Defendants' contempt and the sanctions to be imposed for that contempt and for deletion of the @aquagoldubio Instagram account. Objections to R&R due by 7/30/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 7/16/2021) Copies transmitted to all counsel of record. (mml)
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Filing 271
MEMO ENDORSEMENT on DECLARATION OF AARON T. WOLFSON IN SUPPORT OF THE MOTION TO WITHDRAW: granting #270 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Aaron T. Wolfson as counsel for Plaintiff. SO ORDERED. Attorney Aaron Todd Wolfson terminated. (Signed by Judge Valerie E. Caproni on 7/09/2021) (ama)
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Filing 270
MOTION for Aaron T. Wolfson to Withdraw as Attorney . Document filed by Aquavit Pharmaceuticals, Inc...(Wolfson, Aaron)
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Filing 269
STATUS REPORT. Re Defendants' Trademarks Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 268
ORDER: This Court has under consideration Plaintiff's omnibus motion for sanctions and requires updating and clarification of Defendants trademark registrations for Aquagold marks. Specifically, the Court requests the following: For each country or jurisdiction for which Defendants own or owned trademark registrations for any mark incorporating the term "Aquagold," identify the country (or relevant jurisdiction), the mark, the type of mark, the class, the date registration issued, and, if relevant, the date any such registration was cancelled or otherwise rendered inoperative. The parties shall meet and confer as to the accuracy of the information and file a joint submission no later than July 1, 2021. (Signed by Magistrate Judge Robert W. Lehrburger on 6/21/2021) Copies Sent By Chambers. (cf)
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Filing 267
***SELECTED PARTIES***AFFIDAVIT of CHRISTINA H. BOST SEATON, ESQ. in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit 1-5)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 266
AFFIDAVIT of Daniel J. Nevrivy in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-2).(Nevrivy, Daniel)
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Filing 265
AFFIDAVIT of CHRISTINA H. BOST SEATON, ESQ. in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 (Redacted) and Exhibits 2-5).(Nevrivy, Daniel)
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Filing 264
RESPONSE in Support of Motion re: #213 MOTION for Sanctions . . Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 263
ORDER granting #262 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/2/2021) (mml)
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Filing 262
LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated June 1, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 261
AFFIDAVIT of Charles W. Hanor in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibits 1-2).(Nevrivy, Daniel)
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Filing 260
AFFIDAVIT of Matthew J. Dowd in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibits 1-4).(Nevrivy, Daniel)
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Filing 259
RESPONSE in Support of Motion re: #213 MOTION for Sanctions . . Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 258
ORDER: In support of its application for attorneys' fees in connection with Defendants' contempt, Plaintiff has submitted billing records from four law firms. The records for two of those firms - FisherBroyles, LLP, and Dowd Scheffel PLLC - contain redactions for block task entries that do not appear to be accounted for in the amounts claimed for those blocks. Accordingly, by June 1, 2021, Plaintiff shall submit by affidavit sufficient information for the Court to assess the fees incurred specifically for the contempt-related tasks performed by those two firms. Relatedly, Plaintiff has submitted evidence regarding the credentials and experience of the Nevrivy firm/attorneys, but has not submitted any similar information for the other three firms. Accordingly, by June 1, 2021, Plaintiff shall submit by affidavit sufficient information for the Court to assess the law firms and principal attorneys for whom Plaintiff seeks to recover fee expenditures. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/18/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 257
ORDER granting #255 Letter Motion for Extension of Time. After multiple extensions, Plaintiff was obligated to produce documents on April 21, 2021. (Dkt. 251.) During the relevant discovery conference, counsel for Plaintiff assured the Court that Plaintiff's securing of new lead counsel (yet again) would not impede production of documents by April 21, 2021. On April 21, 2021, however, new lead counsel appeared and requested an additional two weeks to produce documents because they had only recently been engaged. (Dkt. 255.) Defendants request that sanctions be imposed. (Dkt. 256.) The request for an extension is granted, and the request for sanctions is denied. By May 5, 2021, Plaintiff shall produce the documents previously ordered. These rulings should not be taken by Plaintiff as this Court's condoning Plaintiff's lapses; far from it. Failure to comply with the May 5, 2021 deadline will result in imposition of substantial monetary sanctions. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/22/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 256
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated April 21, 2021 re: #255 LETTER MOTION for Extension of Time to meet its outstanding document discovery obligations addressed to Magistrate Judge Robert W. Lehrburger from Aaron Wolfson dated April 21, 2021. . Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 255
LETTER MOTION for Extension of Time to meet its outstanding document discovery obligations addressed to Magistrate Judge Robert W. Lehrburger from Aaron Wolfson dated April 21, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Wolfson, Aaron)
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Filing 254
NOTICE OF APPEARANCE by Aaron Todd Wolfson on behalf of Aquavit Pharmaceuticals, Inc...(Wolfson, Aaron)
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Filing 253
AMENDED CASE MANAGEMENT PLAN AND REVISED DISCOVERY SCHEDULE: The parties do not dispute that the Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1332(a)(2). Fact Deposition due by 8/27/2021. Fact Discovery due by 9/10/2021. Expert Discovery due by 11/20/2021. The case is not to be tried to a jury. The Parties anticipates that this case will require 3 days of trial. (Signed by Magistrate Judge Robert W. Lehrburger on 4/9/2021) (mml)
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Filing 252
PROPOSED CASE MANAGEMENT PLAN. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 251
ORDER denying without prejudice #238 Letter Motion for Leave to File Document. As discussed during the conference held on March 30, 2021: 1. New lead counsel for Plaintiff shall promptly file their appearance. 2. By April 8, 2021, the parties shall meet and confer and submit a proposed revised case schedule. 3. By April 21, 2021, the parties shall meet their outstanding document discovery obligations. 4. The parties' respective requests to file motions to modify the preliminary injunction are denied without prejudice to the parties' re-evaluation and re-application following completion and assessment of document production. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/30/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 250
ORDER denying #248 Letter Motion to Adjourn Conference. The conference scheduled for today, March 30, 2021, will go forward as scheduled. Plaintiff's request for an adjournment is denied. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Wu, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery/Pre-Motion Hearing held on 3/30/2021 at 2:30 p.m. (rsh)
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Filing 249
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated March 29, 2021 re: #248 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated March 29, 2021. . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Attachments 1-4).(Vetter, Thomas)
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Filing 248
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated March 29, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 247
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated March 16, 2021 re: #243 LETTER MOTION for Leave to File Surreply in Opposition to Motion for Sanctions addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated March 11, 2021. . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit 1).(Nevrivy, Daniel)
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Filing 246
DECLARATION of Thomas J. Vetter in Opposition re: #213 MOTION for Sanctions .. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Defendants' Exh. 8).(Vetter, Thomas)
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Filing 245
DECLARATION of Nyeon-Sik Eum in Opposition re: #213 MOTION for Sanctions .. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit 8-15).(Vetter, Thomas)
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Filing 244
RESPONSE in Opposition to Motion re: #213 MOTION for Sanctions . . Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 243
LETTER MOTION for Leave to File Surreply in Opposition to Motion for Sanctions addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated March 11, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 242
NOTICE of Hearing: Discovery and Pre-Motion Conference set for 3/30/2021 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 241
LETTER MOTION for Conference re: #222 Scheduling Order, addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated March 5, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 240
AMENDED ORDER OF REFERENCE TO THE MAGISTRATE JUDGE re: #181 Amended Order Referring Case to Magistrate Judge., #238 LETTER MOTION for Leave to File Motion to Modify the Modified Preliminary Injunction addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated March 4, 2021. IT IS HEREBY ORDERED that the motion to modify the MPI is also referred to Judge Lehrburger, to be addressed in the same report and recommendation as the sanctions' motions Judge Lehrburger is welcome to request additional briefing by the parties and to set a briefing schedule as needed. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 3/5/2021) (cf) Modified on 3/5/2021 (cf).
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Filing 239
LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated March 5, 2021 re: #238 LETTER MOTION for Leave to File Motion to Modify the Modified Preliminary Injunction addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated March 4, 2021. . Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 238
LETTER MOTION for Leave to File Motion to Modify the Modified Preliminary Injunction addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated March 4, 2021. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration, #2 Exhibit Exhibit 1).(Nevrivy, Daniel)
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Filing 237
REPLY AFFIDAVIT of Sobin Chang in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibits 1-20).(Nevrivy, Daniel)
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Filing 236
REPLY AFFIDAVIT of Daniel J. Nevrivy in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Redacted Exhibits 1-29).(Nevrivy, Daniel)
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Filing 235
REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Sanctions . Redacted. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 234
***SELECTED PARTIES***REPLY AFFIDAVIT of Sobin Chang in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Exs. 1-20)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 233
***SELECTED PARTIES***REPLY AFFIDAVIT of Daniel J. Nevrivy in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit ex. 1-14a, #2 Exhibit ex. 1-29a)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 232
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Sanctions . . Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 231
***SELECTED PARTIES***DECLARATION of Nyeon-Sik Eum in Opposition re: #213 MOTION for Sanctions .. Document filed by U-Bio Med, Inc., Nyun Shi Eum, Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5A, #3 Exhibit 5B, #4 Exhibit 6-7)Motion or Order to File Under Seal: #196 .(Vetter, Thomas)
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Filing 230
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #213 MOTION for Sanctions . Filed Under Seal. Document filed by U-Bio Med, Inc., Nyun Shi Eum, Aquavit Pharmaceuticals, Inc.. Motion or Order to File Under Seal: #196 .(Vetter, Thomas)
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Filing 229
DECLARATION of Thomas J. Vetter in Opposition re: #213 MOTION for Sanctions .. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit).(Vetter, Thomas)
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Filing 228
DECLARATION of Nyeon-Sik Eum in Opposition re: #213 MOTION for Sanctions .. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit).(Vetter, Thomas)
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Filing 227
MEMORANDUM OF LAW in Opposition re: #213 MOTION for Sanctions . . Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 226
ORDER granting #225 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/3/2021) (mml)
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Set/Reset Deadlines: Responses due by 2/8/2021 Replies due by 2/19/2021. (mml)
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Filing 225
LETTER MOTION for Extension of Time Pursuant to Stipulation addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated February 3, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 224
ORDER granting #223 Letter Motion for Extension of Time to File Response/Reply. Responses due by 2/4/2021. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
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Filing 223
LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated January 28, 2021. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 222
AMENDED CASE MANAGEMENT PLAN AND REVISED DISCOVERY SCHEDULE: Fact Deposition due by 5/7/2021. Fact Discovery due by 5/21/2021. Expert Discovery due by 7/30/2021. Discovery due by 4/7/2021. The case is not to be tried to a jury. 33. Plaintiff anticipates that this case will require 3 days of trial. Defendants anticipate that this case will require 3 days of trial. (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) (mml)
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Filing 221
PROPOSED CASE MANAGEMENT PLAN. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 220
ORDER granting #219 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/21/2021) (kv)
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Filing 219
LETTER MOTION for Extension of Time to File amended case schedule and discovery letter addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated January 21, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 218
DECLARATION of Sobin Chang in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibits 1-75 Redacted).(Nevrivy, Daniel)
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Filing 217
DECLARATION of Daniel J. Nevrivy in Support re: #216 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibits 1-75 Redacted).(Nevrivy, Daniel)
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Filing 216
MOTION for Sanctions . Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 215
***SELECTED PARTIES***DECLARATION of Sobin Chang in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Exhibit 1-9a, #2 Exhibit Exhibit 10-19, #3 Exhibit Exhibit 20-30, #4 Exhibit Exhibit 31-34, #5 Exhibit Exhibit 35, #6 Exhibit Exhibit 36-40, #7 Exhibit Exhibit 41-50, #8 Exhibit Exhibit 51-60, #9 Exhibit Exhibit 60a-64, #10 Exhibit Exhibit 65-70, #11 Exhibit Exhibit 71-75)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 214
***SELECTED PARTIES***DECLARATION of Daniel J. Nevrivy in Support re: #213 MOTION for Sanctions .. Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Exhibit 1-9A, #2 Exhibit Exhibit 10-19, #3 Exhibit Exhibit 20-30, #4 Exhibit Exhibit 31-34, #5 Exhibit Exhibit 35, #6 Exhibit Exhibit 36-40, #7 Exhibit Exhibit 41-50, #8 Exhibit Exhibit 51-60, #9 Exhibit Exhibit 60a-64, #10 Exhibit Exhibit 65-70, #11 Exhibit Exhibit 71-75)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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Filing 213
***SELECTED PARTIES*** MOTION for Sanctions . Document filed by Aquavit Pharmaceuticals, Inc., Nyun Shi Eum, U-Bio Med, Inc..Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Joseph Nevrivy to RE-FILE Document #211 MOTION for Sanctions ., #212 MOTION for Sanctions . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 212
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sanctions . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration, #2 Affidavit Declaration, #3 Exhibit Redacted).(Nevrivy, Daniel) Modified on 1/20/2021 (ldi).
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Filing 211
***SELECTED PARTIES*** FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sanctions . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration, #2 Affidavit Declaration, #3 Exhibit Exhibit 1-9a, #4 Exhibit Exhibit 10-19, #5 Exhibit Exhibit 20-30, #6 Exhibit Exhibit 31-34, #7 Exhibit Exhibit 35, #8 Exhibit Exhibit 36-40, #9 Exhibit Exhibit 41-50, #10 Exhibit Exhibit 51-60, #11 Exhibit Exhibit 60a-64, #12 Exhibit Exhibit 65-70, #13 Exhibit Exhibit 71-75)Motion or Order to File Under Seal: #196 .(Nevrivy, Daniel) Modified on 1/20/2021 (ldi).
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Filing 210
ORDER granting #209 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/7/2021) (ks)
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Filing 209
LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated January 7, 2021. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 208
ORDER denying without prejudice #205 Letter Motion for Discovery; terminating #206 Letter Motion for Leave to File Document. This resolves the letter motions made by Defendants (seeking a conference to address Plaintiff's alleged failure to produce discovery) (Dkt. 205) and Plaintiff (seeking sanctions for Defendants' failure to produce sanctions-related discovery by December 16, 2020, as required by the Court) (Dkt. 206). 1.Defendants' request for a discovery conference is denied without prejudice. Plaintiff has had more than enough time to respond to Defendants' October 23, 2020 letter and may not put the primary case discovery on a slow track. Although the Court denied Defendants' request to put sanctions and the primary case on the same track (which would have unnecessarily delayed the sanctions issues), that does not mean that Plaintiff may ignore the primary case while attending to the sanctions issues. Accordingly, by December 30, 2020, Plaintiff shall fully respond to Defendants' discovery concerns raised in the October 23, 2020 letter. By January 14, 2021, the parties shall meet and confer to fully discuss the discovery issues and to set a schedule for the remainder of the case, which they shall propose to the Court by January 21, 2021. If and to the extent the parties reach an impasse, they shall write to the Court by January 21, 2021, identifying the issues and may request a conference to resolve them. 2. The parties may address the issue of sanctions for Defendants' failure to comply with sanctions-related discovery in the upcoming sanctions briefing. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/21/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 207
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated December 18, 2020 re: #205 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated December 15, 2020. . Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 206
LETTER MOTION for Leave to File MOTION FOR DISCOVERY SANCTIONS addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated December 17, 2020. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 205
LETTER MOTION for Discovery Conference addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated December 15, 2020. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Letter Requesting Meet and Confer).(Vetter, Thomas)
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Filing 204
ORDER terminating #185 Motion for Order to Show Cause. IT IS HEREBY ORDERED that the motions for compensatory and coercive sanctions will be resolved based on the briefing ordered by Judge Lehrburger. The Clerk of Court is respectfully directed to close the open motion at docket entry 185. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 12/11/2020) (ks)
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Filing 203
ORDER: This Order resolves issues raised in the parties status report filed on December 2, 2020. (Dkt. 202.) 1. Defendants' protestations and proffered excuses for not timely complying with sanctions-related discovery are not well taken. On September 3, 2020, the parties filed a joint proposal for discovery to be produced by September 28, 2020. The Court adopted the proposal in full on September 4, 2020. The concerns raised by Defendants now would have existed previous to the joint proposal. Defendants did not raise them then; they may not raise them now. Defendants' after-the-fact proposal and request that discovery on contempt now be scheduled to run concurrently with merits discovery is denied. 2. Defendants shall fully comply with Plaintiff's sanctions-related discovery demands no later than December 16, 2020. Failure to do so will result in discovery sanctions, including preclusion of any later admission of such material offered by Defendants, and the drawing of inferences adverse to Defendants on the subject matter of that discovery. 3. Briefing on the sanctions-related issues (including not only compensatory sanctions, but also regarding the deletion of an Instagram account) shall proceed as follows. Conforming with the briefing period set forth in the proposal adopted by the Court on September 4, 2020, Plaintiff shall file its opening papers by January 11, 2021. Defendants shall file any responding papers by February 1, 2021. Plaintiff shall file any reply by February 8, 2021. 4. Although the merits discovery deadline has expired, the parties shall meet and confer to discuss a schedule for any remaining merits discovery and shall file a joint letter setting forth their proposal(s) by December 21, 2020. The Court expects that any remaining period should be relatively brief. SO ORDERED. (Brief due by 1/11/2021. Reply to Response to Brief due by 2/8/2021. Responses to Brief due by 2/1/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 12/7/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 202
STATUS REPORT. JOINT STATUS REPORT REGARDING DETERMINATION OF COMPENSATORY AND COERCIVE SANCTIONS AND DELETION OF DEFENDANTS INSTAGRAM ACCOUNT Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 201
ORDER: On September 4, 2020, the Court adopted the discovery and briefing plan proposed by the parties for determination of compensatory damages and potential sanctions. (Dkt. 195, 196.) By December 2, 2020, the parties shall file a joint status report. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/20/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 200
MEMO ENDORSED ORDER denying #199 Motion to Alter Judgment. ENDORSEMENT: Motion DENIED. The sentence at issue is clear and does not in any way imply that Defendant U-Bio Med, Inc. or Defendant Nyeon-Sik Eum currently or will in the future owe Plaintiff any damages. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/30/20) (yv)
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Filing 199
MOTION to Alter Judgment Against Global Medi Products. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 198
PLAN FOR DISCOVERY INCLUDING ELECTRONICALLY STORED INFORMATION: Pursuant to Federal Rule of Civil Procedure 26, Plaintiff Aquavit Pharmaceuticals, Inc.("Aquavit") and Defendants U-Bio Med, Inc. ("UMB") and Nyun Shi Eum ("Eum")(collectively, "the Parties" and each a "Party"), by their respective counsel in the above-captioned action, stipulate and agree to the following discovery plan (the "Discovery Plan"), as further set forth in this order. (Signed by Magistrate Judge Robert W. Lehrburger on 9/10/2020) (mml)
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Filing 197
PROPOSED STIPULATION AND ORDER. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 196
ORDER: Based on the issues to be resolved, there does not appear to be any basis for Defendants to serve discovery requests. If Defendants wish to do so, however, Defendants shall serve their proposed requests in conformity with the Plan; the parties shall meet and confer in conformity with the Plan; and if the parties cannot agree on if or to what extent Defendants requests should be permitted, they shall raise the issue with the Court at the same time they raise any issues remaining about the discovery sought by Plaintiff. To be clear, the Court is not authorizing any discovery sought by Defendants, but will entertain the issue in the absence of agreement by the parties. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/4/2020) Copies transmitted to all counsel of record. (mml)
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Filing 195
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Daniel J. Nevrivy dated September 3, 2020 re: Joint Letter. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 194
MEMO ENDORSEMENT denying #187 Motion for Reconsideration. ENDORSEMENT: On August 11, 2020, this Court ordered compensatory damages and referred the determination of the exact amount to Magistrate Judge Lehrburger for a report and recommendation (R&R). This Court further ordered Defendants to remove the examples of non-compliance with the Modified Preliminary Injunction as listed in Plaintiff's reports, Dkts. 176-178, no later than August 21, 2020. Defendant failed to comply with this order. Five days after the deadline, the Plaintiff moved for an order to show cause why coercive sanctions should not be levied against Defendants. This Court referred the motion for coercive sanctions to Magistrate Judge Lehrburger, to be addressed in the same R&R as the determination of the compensatory damages. Five days after the Plaintiff's motion, a total of 10 days after the initial deadline of August 21, 2020, Defendants filed a motion to modify the Court's August 11, 2020 Order. The Defendants first request that the scope of the August 11, 2020 order exclude certain conduct. Defendants have already had the opportunity to make such arguments before this Court. Plaintiff filed three lengthy status reports, Dkts. 176-178. Though Defendants now claim the filings include "erroneous interpretations of the facts," the Defendants did not seek leave to reply to these submissions. Defendants also request that the August 11, 2020 Order be modified to reset the deadline for compliance from August 21, 2020 to September 4, 2020. Defendants make this request several days after Defendants' counsel became aware that he had missed the August 21, 2020 deadline. While the Court sympathizes with the situation facing Defendants' counsel following Tropical Storm Isaias, that has no impact on the fact that the Defendants' remain out of compliance with the Modified Preliminary Injunction. The Court reminds the Defendants that they are required to take the relatively non-onerous steps of discontinuing usage of certain videos, adding disclaimers to Defendants' YouTube Channels and videos, and removing suggestions of Defendants' ownership of U.S. patents or other U.S.-based intellectual property rights as to AQUAGOLD. Whether the Defendants were justified in delaying their compliance because of Tropical Storm Isaias or any other reason and whether they come into full compliance by September 4, 2020, should be considered by Magistrate Judge Lehrburger as part of the proceedings on the motion for coercive sanctions. (After all, if Defendants finally and fully comply with the MPI, there will be no need for coercive sanctions.) Therefore, Defendants' motion to modify the Court's August 11, 2020 Order is hereby DENIED. (Signed by Judge Valerie E. Caproni on 9/2/2020) (jwh) Modified on 9/2/2020 (jwh).
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Filing 193
ORDER granting #191 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/1/2020) (rro)
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Filing 192
DEFAULT JUDGMENT AGAINST GLOBAL MEDI PRODUCTS: ORDERED, ADJUDGED, AND DECREED that Plaintiff Aquavit Pharmaceuticals, Inc. ("Aquavit") have judgment against Global Medi Products pursuant to Rules 54(b) and 55(b) of the Federal Rules of Civil Procedure. Damages will be determined at the conclusion of the case against the remaining defendants, Global Medi Products terminated. (Signed by Judge Valerie E. Caproni on 9/01/2020) (ama)
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Filing 191
LETTER MOTION for Extension of Time for filing of the parties' joint proposal addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated September 1, 2020. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 190
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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Filing 189
LETTER addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated August 31, 2020 re: proposed default judgement. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Nevrivy to RE-FILE Document #188 Proposed Default Judgment,. ERROR(S): Documents have to be filed separately. First file the Letter using the event type Letter found under the event list Other Documents, then separately file the Default Judgment using the event type Proposed Default Judgment found under the event list Proposed Orders. (dt)
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #190 Proposed Default Judgment was reviewed and approved as to form. (dt)
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Filing 188
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order).(Nevrivy, Daniel) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 9/1/2020 (dt). Modified on 9/1/2020 (dt).
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Filing 187
MOTION for Reconsideration and Modification of August 11, 2020 Order. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Declaration in Support).(Vetter, Thomas)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 8/28/2020. Attorney Daniel Nevrivy present for the plaintiff. Attorney Thomas Vetter present for defendants U-Bio Med, Inc. and Nyun Shi Eum. No attorney present for Global Medi Products. Court Reporter Jennifer Thun present. (anc)
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MOTIONS REFERRED: #185 MOTION for Order to Show Cause WHY COERCIVE SANCTIONS SHOULD NOT BE LEVIED AGAINST DEFENDANTS.. Motions referred to Robert W. Lehrburger. (ama)
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Filing 186
ORDER: IT IS HEREBY ORDERED that the motion for coercive sanctions is also referred to Judge Lehrburger, to be addressed in the same report and recommendation as the determination of compensatory sanctions. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/26/2020) (ama)
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Filing 185
MOTION for Order to Show Cause WHY COERCIVE SANCTIONS SHOULD NOT BE LEVIED AGAINST DEFENDANTS. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit DECLARATION IN SUPPORT OF MOTION, #2 Exhibit Exhibits).(Nevrivy, Daniel)
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Filing 184
ORDER: On August 11, 2020, the Honorable Valerie E. Caproni, U.S.D.J., referred to me (1) determination of the exact amount of compensatory damages (including both Plaintiff's attorney's fees and costs, and Defendants' ill-gotten gains), and (2) in the event the deleted Instagram account cannot be recovered, whether the deletion was willful and whether additional sanctions should be imposed. Accordingly, by September 1, 2020, the parties shall file a joint letter setting forth their proposal for next steps, including any proposed discovery or briefing and the time period for same. (Signed by Magistrate Judge Robert W. Lehrburger on 8/18/2020) Copies transmitted to all counsel of record. (jwh)
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Filing 183
AFFIDAVIT OF SERVICE of Summons, Verified Complaint, Order to Show Cause for Default Judgment served on Global Medi Products on August 13, 2020. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibit).(Nevrivy, Daniel)
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Filing 182
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: IT IS HEREBY ORDERED THAT Global Medi Products must show cause at a telephonic hearing on August 28, 2020, at 11:30 A.M. why default judgment should not be entered on the issue of liability, with the calculation of damages to be deferred until claims against the remaining defendants are resolved. Counsel for Plaintiff is required to attend; attendance is optional for counsel for Defendants U-Bio Med. Inc. and Eum. All parties and interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 3351. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. IT IS FURTHER ORDERED THAT Plaintiff must serve a copy of this Order on Global Medi Products, no later than August 14, 2020, by (a) by electronic mail at the three email addresses set forth in the Order dated April 15, 2019, Dkt. 3; (b) by providing a link to an online drop box containing the Summons and Verified Complaint and the papers submitted in support of a default judgment (Dkt. 114); and (c) by Federal Express to 11409, B.I Center, Kyungpook National University, 80, Daehak-ro, Buk-gu, Daegu, Republic of Korea. Proof of service must be filed by August 18, 2020. IT IS FURTHER ORDERED THAT, to avoid a default judgment, Global Medi Products must, through counsel, file a response by August 25, 2020, and appear at the show-cause hearing. The Clerk of Court is respectfully directed to terminate the pending motion at docket entry 114. SO ORDERED. Show Cause Response due by 8/25/2020. (Signed by Judge Valerie E. Caproni on 8/11/2020) (jca)
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Filing 181
AMENDED ORDER OF REFERENCE 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Contempt Sanctions. See Dkt. 180.The default as to Defendant Global Medi Products is not referred at this time. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/11/20/20) (ama)
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Filing 180
ORDER: terminating #167 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that compensatory sanctions shall include both 75% of Plaintiff's fees and costs expended in connection with its contempt motion, inclusive of fees and expenses incurred during the current sanctions phase, and all profits earned or to be earned by Defendants from sales that violate or violated the MPI. The Court agrees with Plaintiff that the Second Circuit's decision in Manhattan Indus., Inc. v. Sweater Bee by Banff, Ltd. supports disgorgement in this case as a form of compensatory relief. See 885 F.2d 1, 56 (2d Cir. 1989) ("[T]he concept of compensatory relief includes profits derived by the contemnor from violation of a court order." (citations omitted)); see also King v. Allied Vision, Ltd., 65 F.3d 1051, 1062 63 (2d Cir. 1995) (reversing imposition of daily fine, which bore no connection to actual damages, but approving district court's order requiring disgorgement of net profits as a compensatory sanction). Additionally, compensatory sanctions need only be "correlated" with Plaintiff's loss and need not be exact. See Paramedics Electromedicina Comercial, Ltda v. GE Med. Sys. Info. Techs., Inc., 369 F.3d 645, 658 (2d Cir. 2004). Here, Defendants engaged in numerous forms of prohibited conduct, including advertising AQUAGOLD through social media posts and websites that violated the MPI; had Defendants properly alerted prospective buyers to the difference between the parties' products, there is a strong possibility that the buyers may have opted for Plaintiff's product instead. Accordingly, Defendants' ill-gotten profits adequately correspond to Plaintiff's losses, which are both monetary and qualitative. IT IS FURTHER ORDERED THAT Defendants must remove the examples of noncompliance identified in Plaintiff's reports, Dkts. 176-178, no later than August 21, 2020. This order requires Defendants: to discontinue all usage of the Kardashian video(s) (unlessDefendants can provide evidence that the referenced product was manufactured and sold by Defendants); to add disclaimers to Defendants' YouTube channels and videos; and to remove any suggestion of Defendants' ownership of U.S. patents or other U.S.-based intellectual property rights as to AQUAGOLD from all of Defendants' websites and social media pages. Further non-compliance will result in an order to show cause for coercive sanctions. IT IS FURTHER ORDERED THAT the determination of the exact amount of compensatory sanctions (Plaintiff's fees and costs and Defendants' ill-gotten gains) is referred to Magistrate Judge Lehrburger for a report and recommendation (R&R). The Court further refers to the Magistrate Judge the issue of Defendants' deletion of one of its Instagram accounts; if the account is not recovered, the Court requests that the R&R address whether the deletion was willful and whether additional sanctions are appropriate for destruction of evidence of contempt or infringement. The Clerk of Court is respectfully directed to terminate the pending motion at docket entry 167. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/11/20/20) (ama)
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Set/Reset Hearings: Telephone Conference set for 8/28/2020 at 11:30 AM before Judge Valerie E. Caproni. (jca)
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Filing 179
MEMORANDUM OPINION AND ORDER re: #121 FIRST MOTION to Dismiss counterclaims. filed by Aquavit Pharmaceuticals, Inc. #150 MOTION to Dismiss Defendant U-Bio Med's Counterclaims For Failure to State A Claim. filed by Aquavit Pharmaceuticals, Inc. For the foregoing reasons, Plaintiff's motion is granted in part and denied in part. Defendants' counterclaim for declaratory judgment is dismissed without prejudice as set forth above; the counterclaim for unjust enrichment is dismissed with prejudice; and the counterclaim for breach of contract is dismissed in part, with prejudice, as set forth above. The Clerk of Court is respectfully directed to terminate the pending motions at docket entries 121 and 150. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 8/5/2020) (cf) Modified on 8/11/2020 (cf).
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Filing 178
STATUS REPORT. PLAINTIFFS SUPPLEMENTAL REPLY TO DEFENDANTS STATUS REPORT Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit DECLARATION OF DANIEL J. NEVRIVY IN SUPPORT OF PLAINTIFFS SUPPLEMENTAL REPLY TO DEFENDANTS STATUS REPORT, #2 Exhibit Exhibits).(Nevrivy, Daniel)
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Filing 177
STATUS REPORT. Plaintiff's Supplemental Reply to Defendants' Status Report Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 176
STATUS REPORT. PLAINTIFFS REPLY TO DEFENDANTS STATUS REPORT Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibit, #2 Affidavit Declaration).(Nevrivy, Daniel)
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Filing 175
STATUS REPORT. re Compliance with MPI Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C).(Vetter, Thomas)
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Filing 174
ORDER granting in part #173 Letter Motion for Extension of Time. The status report is due by June 3, 2020. Defendants' letter is conclusory and fails to explain if and when any steps have been taken to comply with the original deadline. Furthermore, Defendants are located in Korea; counsel's last-minute request fails to explain how remote working could have impacted that relationship. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/29/2020) (rro)
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Filing 173
LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 29, 2020. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 172
AMENDED CASE MANAGEMENT PLAN AND REVISED DISCOVERY SCHEDULE: Plaintiff and Defendants have met and conferred pursuant to Fed. R. Civ. P. 16(c) and 26(f) for purposes on this submission. Plaintiff and Defendants exchanged correspondence in late March and in April regarding the coronavirus pandemic and consequent disruptions and the need to extend the discovery deadlines. In the correspondence, both Parties agreed to extend deadlines. Settlement discussions have not taken place. The parties do not dispute that the Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1332(a)(2). Deposition due by 10/16/2020. Fact Discovery due by 10/30/2020. Expert Discovery due by 12/30/2020. Discovery due by 9/25/2020. The Parties have discussed electronic discovery and are in the process of finalizing a Discovery Plan that addresses electronic discovery. The Parties have agreed to submit their proposed plan to the Court by June 15, 2020. The parties shall submit a joint proposed pretrial order and any required accompanying submissions 30 days after decision on the summary judgment motion(s), or, if no summary judgment motion is made, 30 days after the close of all discovery. The case is not to be tried to a jury. Plaintiff anticipates that this case will require 3-5 days of trial. Defendants anticipate that this case will require 3 days of trial. The Parties are prepared to discuss any matter relating to this proposed amended schedule at a status conference with the Court. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/21/2020) (rj)
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Filing 171
PROPOSED CASE MANAGEMENT PLAN. Document filed by Aquavit Pharmaceuticals, Inc...(Nevrivy, Daniel)
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Filing 170
MEMO ENDORSEMENT on re: #169 Response in Opposition to Motion, filed by U-Bio Med, Inc., Nyun Shi Eum. ENDORSEMENT: While it is presently unclear whether Defendants' sales of Aquagold devices in jurisdictions in which Defendants lack the relevant trademark rights are a reasonable measure of compensatory damages, several aspects of Defendants' conduct are prompting the Court reconsider whether coercive sanctions are warranted. Regardless of whether Defendants' sales in such jurisdictions cause measurable damages, such conduct violates the MPI. Furthermore, Defendants have no response to the infringing Instagram posts that Plaintiff identified, which contained references to Aquagold without the requisite disclaimer and were posted after this Court's contempt order. No later than June 1, 2020, Defendants must file a status report detailing all steps taken to come into compliance with the MPI and to rectify the contemptuous conduct identified in the Court's contempt order, including but not limited to any changes made to Defendants' social media pages, website(s), and sales in jurisdictions prohibited by the MPI. No later than June 12, 2020, Plaintiff must file a response indicating whether it has reason to believe that Defendants continue to be non-compliant. The Court will decide whether to impose coercive or additional compensatory damages at that point. The deadline for Plaintiff's submission of its fees and costs is adjourned pending further order, in order to incorporate additional fees and costs that may be expended between now and June 12, 2020. SO ORDERED., ( Responses due by 6/12/2020) (Signed by Judge Valerie E. Caproni on 5/11/2020) (ama)
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Filing 169
LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 8, 2020 re: #167 LETTER MOTION for Leave to File Motion for compensatory sanctions addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated May 1, 2020. . Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 168
ORDER with respect to #167 Letter Motion for Leave to File Document. Defendants must file a response by end of day on May 8, 2020. (Signed by Judge Valerie E. Caproni on 5/04/2020) (ama)
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Set/Reset Deadlines: Responses due by 5/8/2020 (ama)
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Filing 167
LETTER MOTION for Leave to File Motion for compensatory sanctions addressed to Judge Valerie E. Caproni from Daniel J. Nevrivy dated May 1, 2020. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit, #2 Exhibit).(Nevrivy, Daniel)
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Filing 166
MEMORANDUM OPINION AND ORDER adopting in part #152 Report and Recommendations: For the foregoing reasons, the R&R is adopted in part, and Plaintiff's motion for civil contempt is granted in part. No later than May 1, 2020, Plaintiff, if appropriate, may submit a letter motion requesting leave to submit proof of any damages other than fees and costs. No later than May 15, 2020, Plaintiff must provide its request for fees and costs, supported by billable records and other appropriate proof. No later than May 29, 2020, the parties must meet and confer in good faith to determine whether they can stipulate to a fee award. If no agreement is reached, Defendants' response to Plaintiff's fee request is due by June 5, 2020. (Motions due by 5/1/2020.) (Signed by Judge Valerie E. Caproni on 4/17/2020) (jwh)
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Filing 165
AMENDED CASE MANAGEMENT PLAN AND REVISED DISCOVERY SCHEDULE: Deposition due by 5/20/2020. Fact Discovery due by 5/20/2020. Expert Discovery due by 7/15/2020. The case is not to be tried to a jury. Plaintiff anticipates that this case will require 10 days of trial. Defendants anticipate that this case will require 3 days of trial. SO ORDERED, as modified on pages 4-5. (Signed by Magistrate Judge Robert W. Lehrburger on 3/16/2020) (mro)
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Filing 164
PROPOSED CASE MANAGEMENT PLAN. Document filed by Nyun Shi Eum, U-Bio Med, Inc...(Vetter, Thomas)
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Filing 163
OPINION AND ORDER: re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction filed by U-Bio Med, Inc., Nyun Shi Eum. For the foregoing reasons, Defendants' motion to dismiss for lack of personal jurisdiction is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at docket entry 32. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/19/2020) (ama)
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Filing 162
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/21/19 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)
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Filing 161
TRANSCRIPT of Proceedings re: ARGUMENT held on 11/21/2019 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Kristen Carannante, (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 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020..(McGuirk, Kelly)
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Filing 160
ORDER granting #158 Motion to Withdraw as Attorney. Attorney Charles W. Hanor, I terminated (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order)
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Filing 159
ORDER granting #157 Motion for Daniel J. Nevrivy to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order)
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Filing 158
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Charles Wayne Hanor to Withdraw as Attorney . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit).(Hanor, Charles) Modified on 2/25/2020 (db).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #157 MOTION for Daniel J. Nevrivy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18595350. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 157
MOTION for Daniel J. Nevrivy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18595350. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order ORDER FOR ADMISSION PRO HAC VICE)(Nevrivy, Daniel)
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Filing 156
REPLY to Response to Motion re: #150 MOTION to Dismiss Defendant U-Bio Med's Counterclaims For Failure to State A Claim. . Document filed by Aquavit Pharmaceuticals, Inc.. (Hanor, Charles)
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Filing 155
MEMORANDUM OF LAW in Opposition re: #150 MOTION to Dismiss Defendant U-Bio Med's Counterclaims For Failure to State A Claim. . Document filed by U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 154
RESPONSE re: #153 Notice (Other) of Defendants' Written Objections to Report and Recommendations #152 . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Charles W. Hanor, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Hanor, Charles)
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Filing 153
NOTICE of Written Objections to Report and Recommendation re: #152 Report and Recommendations,,,,,,. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 152
REPORT AND RECOMMENDATION TO HON. VALERIE E. CAPRONI: MOTION FOR CONTEMPT: For the foregoing reasons, this Court certifies the Findings of Fact set forth above; recommends that Aquavit's motion to find Defendants U-Bio Med, Inc. and Eum in contempt of the Court's Modified Preliminary Injunction be GRANTED; that Defendants be required to compensate Aquavit for its reasonable fees and costs expended in moving for contempt; that Aquavit be given the opportunity to submit an appropriate fee and cost submission; and that Aquavit be given an opportunity to prove compensatory damages. To the extent not discussed herein, the Court has considered Defendants' remaining arguments and finds them to be without merit. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable Valerie E. Caproni, U.S.D.J., United States Courthouse, 40 Foley Square, New York, NY 10007 and to the Chambers of the undersigned, United States Courthouse, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 12/30/2019 (Signed by Magistrate Judge Robert W. Lehrburger on 12/16/2019) Copies Transmitted by Chambers. (mro)
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Filing 151
ANSWER to #129 Counterclaim. Document filed by Aquavit Pharmaceuticals, Inc..(Hanor, Charles)
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Filing 150
MOTION to Dismiss Defendant U-Bio Med's Counterclaims For Failure to State A Claim. Document filed by Aquavit Pharmaceuticals, Inc.. Responses due by 1/6/2020 (Attachments: #1 Supplement Memorandum of Law In Support of Motion to Dismiss Defendants' Counterclaims)(Hanor, Charles)
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Filing 149
NOTICE of Submission of Hearing Exhibits re: #138 Declaration in Support,. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 148
RESPONSE in Opposition to Motion re: #146 LETTER MOTION for Leave to File Response If Plaintiff's Document Numbers 143 and 144 are to be considered on Plaintiff's motion for contempt addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated December 3, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 147
ORDER: Defendant's December 3, 2019 request to file a response to Plaintiff's filing of Dkt. 143 and 144 is denied in part and granted part. The Court agrees that most of what appears in Plaintiff's additional filings is re-argument, conclusory, duplicative or unnecessary to determination of the motion. No response shall be filed except insofar as Defendant wishes to respond to the statements in Plaintiff's Response regarding Defendant's purported trademark registrations. Such response shall be filed by December 10, 2019. There shall be no additional filings by either party in regard to the motion for contempt. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 146
LETTER MOTION for Leave to File Response If Plaintiff's Document Numbers 143 and 144 are to be considered on Plaintiff's motion for contempt addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated December 3, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 145
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO DEFENDANTS' AMENDED COUNTERCLAIMS granting #142 Motion for Extension of Time to Answer. Having considered Plaintiffs' Unopposed Motion for Extension of Time to File Answer to Defendants' Amended Counterclaims, the Court hereby GRANTS the motion nunc pro tunc. The deadline by which Plaintiffs must file an answer to Defendants' amended counterclaims is extended to Monday, December 16, 2019. Aquavit Pharmaceuticals, Inc. answer due 12/16/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 12/3/2019) (mml)
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Filing 144
RESPONSE re: #141 Oath of Nyeon-Sik Eum DECLARATION IDENTIFYING TRADEMARKS AND RESPONDING TO DECLARATION OF SOBIN CHANG [DE 138]. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Sobin Chang, #2 Exhibit N, #3 Exhibit O, #4 Exhibit P, #5 Exhibit Q, #6 Exhibit R, #7 Exhibit S, #8 Exhibit T, #9 Exhibit U, #10 Exhibit V, #11 Exhibit W, #12 Exhibit X, #13 Exhibit Y, #14 Exhibit Z, #15 Exhibit AA, #16 Exhibit BB, #17 Exhibit CC)(Hanor, Charles)
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Filing 143
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charles W. Hanor dated December 2, 2019 re: Supplementing Record of November 21, 2019 Hearing on Plaintiff's Motion for Contempt. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M)(Hanor, Charles)
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Filing 142
FIRST MOTION for Extension of Time to File Answer re: #129 Answer to Complaint, Counterclaim Unopposed. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to File Answer to Defendant's Amended Counterclaims)(Hanor, Charles)
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Filing 141
OATH of Nyeon-Sik Eum DECLARATION IDENTIFYING TRADEMARKS AND RESPONDING TO DECLARATION OF SOBIN CHANG [DE 138]. Document filed by U-Bio Med, Inc..(Vetter, Thomas)
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Filing 140
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Thomas J. Vetter dated November 21, 2019 re: Supplementing Record of Hearing. Document filed by U-Bio Med, Inc..(Vetter, Thomas)
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Filing 139
ORDER: On November 21, 2019, the Court held a hearing on Plaintiff's motion for contempt. As discussed on the record, by November 26, 2019, Defendants shall file an affidavit listing all trademark registrations owned by Defendants in any country for "Aquagold" and Aquagold Fine Touch. The list shall identify the country, the registered mark, the date of application, and the date when registration issued. (Signed by Magistrate Judge Robert W. Lehrburger on 11/21/2019) (Farkas, Brian)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Contempt Hearing held on 11/21/2019 at 10:00 a.m. (Court Reporter Kristin Carannante present) (rsh)
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Filing 138
DECLARATION of Sobin Chang in Support re: #51 Memorandum of Law in Support, #84 Order to Show Cause,,,, #108 Brief,,,,. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Hanor, Charles)
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Filing 137
NOTICE OF APPEARANCE by Charles W. Hanor, I on behalf of Aquavit Pharmaceuticals, Inc.. (Hanor, Charles)
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Filing 136
ORDER granting #131 Motion to Withdraw as Attorney: The motion of Attorney Matthew James Dowd, counsel for Aquavit Pharmaceuticals, Inc. ("Aquavit") is granted. New counsel has now appeared for Plaintiff. Mr. Dowd is relieved from appearing at the contempt hearing scheduled for November 21, 2019. The Clerk of Court is respectfully requested to remove Mr. Dowd as counsel for Aquavit. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 135
ORDER granting #134 Motion to Appear Pro Hac Vice: The motion of Charles W. Hanor to appear pro hac vice is granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 134
FIRST MOTION for Charles W. Hanor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Exhibit Western District of Texas Cert of Good Standing, #4 Exhibit Texas Supreme Court Cert of Good Standing, #5 Exhibit Texas Bar Cert of Good Standing)(Hanor, Charles)
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Filing 133
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Charles W. Hanor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18084752. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate Western District of Texas, #3 Exhibit Certificate Texas Supreme Court, #4 Exhibit Texas State Bar Certificate)(Hanor, Charles) Modified on 11/18/2019 (vba).
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Filing 132
FIRST LETTER addressed to Judge Valerie E. Caproni from Matthew J. Dowd dated 11/18/19 re: Aquavit Pharmaceuticals, Inc. v. U-Bio Med, et al., Case No. 19-CV-3351-VEC-RWL. Document filed by Aquavit Pharmaceuticals, Inc..(Dowd, Matthew)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #133 MOTION for Charles W. Hanor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18084752. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #134 FIRST MOTION for Charles W. Hanor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 131
FIRST MOTION for Matthew J. Dowd to Withdraw as Attorney . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration MJD Motion to Withdraw)(Dowd, Matthew)
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Filing 130
CASE MANAGEMENT PLAN AND REVISED DISCOVERY SCHEDULE: No amended pleadings may be filed after November 6, 2019, without consent or leave of Court. Deposition due by 3/15/2020. Fact Discovery due by 3/20/2020. Expert Discovery due by 5/15/2020. All Parties do not consent to a trial before a Magistrate Judge at this time. The case is not to be tried to a jury. The Parties will be prepared to discuss any matter relating to the proposed schedule at a status conference that can be held prior to the hearing scheduled for November 21, 2019. Defendants anticipate that this case will require 3 days of trial. The parties shall submit joint status letters every 60 days. (Signed by Magistrate Judge Robert W. Lehrburger on 11/7/2019) (mml)
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Filing 129
ANSWER to #1 Complaint,,,,,., COUNTERCLAIM against Aquavit Pharmaceuticals, Inc.. Document filed by U-Bio Med, Inc..(Vetter, Thomas)
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Filing 128
PROPOSED CASE MANAGEMENT PLAN. Document filed by Aquavit Pharmaceuticals, Inc.. (Dowd, Matthew)
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Filing 127
RESPONSE to Motion re: #121 FIRST MOTION to Dismiss counterclaims. . Document filed by U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 126
ORDER: granting #125 Letter Motion for Extension of Time to File Response/Reply re #125 LETTER MOTION for Extension of Time to File Response/Reply as to #121 FIRST MOTION to Dismiss counterclaims addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated October 28, 2019. Application Granted. SO ORDERED. Responses due by 11/1/2019. (Signed by Judge Valerie E. Caproni on 10/28/2019) (ama)
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Filing 125
LETTER MOTION for Extension of Time to File Response/Reply as to #121 FIRST MOTION to Dismiss counterclaims. addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated October 28, 2019. Document filed by U-Bio Med, Inc..(Vetter, Thomas)
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Filing 124
ORDER: On October 23, 2019, the Court held a status conference in this matter to discuss discovery and case management. As discussed at the conference: (1) Defendants shall serve supplemental interrogatory responses to Plaintiff by November 6, 2019. (2) The parties shall meet and confer and, by November 6, 2019, shall submit to the Court a proposed revised discovery schedule. (3) A hearing on Plaintiff's motion for contempt shall be held on November 21, 2019 at 10 a.m. in in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before the undersigned. (Signed by Magistrate Judge Robert W. Lehrburger on 10/23/2019) (Farkas, Brian)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 10/23/2019 at 2:30 p.m. (rsh)
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Contempt Hearing set for 11/21/2019 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburgers individual rules and practices. (rsh)
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Filing 123
JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Matthew J. Dowd dated 10/17/2019 re: Aquavit Pharmaceuticals, Inc. v. U-Bio Med, et al., Case No. 19-CV-3351-VEC. Document filed by Aquavit Pharmaceuticals, Inc..(Dowd, Matthew)
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Filing 122
SCHEDULING ORDER: Status Conference set for 10/23/2019 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 10/17/2019) (rsh)
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Filing 121
FIRST MOTION to Dismiss counterclaims. Document filed by Aquavit Pharmaceuticals, Inc.. Responses due by 10/30/2019 (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Proposed Order)(Dowd, Matthew)
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Filing 120
ORDER: This matter has been referred to me for general pretrial purposes as well as report and recommendation with respect to Plaintiff's motion for contempt. Accordingly, (1) by October 11, 2019, Plaintiff shall submit to the undersigned a complete courtesy copy set of all papers related to the contempt motion (which should include at least Dkt. 49-51, 84, 91-92,, 108, 115, 117-18); (2) the parties shall coordinate with my Deputy Clerk to arrange a case management conference; and (3) by October 17, 2019, the parties shall submit a joint letter of no more than four pages raising any issues other than the contempt motion that warrant being addressed at the case management conference. The Court will set a hearing date for the contempt motion at the case management conference. (Signed by Magistrate Judge Robert W. Lehrburger on 10/8/2019) (Lehrburger, Robert)
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Filing 119
ORDER OF REFERENCE 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: for contempt. see Dkts. 49-51, 84, 91-92, 108, 115, 117-18. Referred to Magistrate Judge Robert W. Lehrburger. Parties may make requests to alter the discovery schedule, see Dkt. 107, to Judge Lehrburger. The pending motion to dismiss, Dkt. 32, and motion for default judgment, Dkt. 114, are not referred at this time. The Clerk of Court is respectfully directed to terminate Dkt. 117. SO ORDERED., Motions terminated: #117 FIRST LETTER MOTION for Conference requesting a hearing addressed to Judge Valerie E. Caproni from Matthew J. Dowd dated October 4, 2019. filed by Aquavit Pharmaceuticals, Inc.. Motions referred to Robert W. Lehrburger. (Signed by Judge Valerie E. Caproni on 10/08/2019) (ama)
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Filing 118
LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated October 7, 2019 re: #117 FIRST LETTER MOTION for Conference requesting a hearing addressed to Judge Valerie E. Caproni from Matthew J. Dowd dated October 4, 2019. . Document filed by U-Bio Med, Inc.. (Attachments: #1 Exhibit Instagram Complaint Filed by UBM, #2 Exhibit Plaintiff's Infringing Content, #3 Exhibit Emails From Instagram to UBM, #4 Exhibit Coreaeum Instagram Site)(Vetter, Thomas)
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Filing 117
FIRST LETTER MOTION for Conference requesting a hearing addressed to Judge Valerie E. Caproni from Matthew J. Dowd dated October 4, 2019. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Request with IG to take down Aquavit's posts, #2 Exhibit Current Screenshot of Aquavit's IG, #3 Exhibit correspondence with Defendants' Counsel, #4 Exhibit Defendants' new IG account)(Dowd, Matthew)
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Filing 116
LETTER addressed to Judge Valerie E. Caproni from Matthew J. Dowd and Thomas J. Vetter dated October 1, 2019 re: Parties' Status Update. Document filed by Aquavit Pharmaceuticals, Inc..(Dowd, Matthew)
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Filing 115
OPPOSITION BRIEF re: #108 Brief,,,, SURREPLY. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 114
FIRST MOTION for Default Judgment as to Global Medi Products. Document filed by Aquavit Pharmaceuticals, Inc.. Responses due by 9/27/2019 (Attachments: #1 Exhibit Chang's Declaration, #2 Exhibit FedEx Shipping Receipt, #3 Exhibit FedEx Receipt that mailing was dropped off, #4 Civil Cover Sheet Notice of Plaintiff's Motion, #5 Text of Proposed Order Proposed Order, #6 Affidavit Declaration in support of motion, #7 Exhibit Emails sent to Defendants, #8 Exhibit Email strings in which Defendant acknowledged recipet, #9 Exhibit ShareSpace's History Log, #10 Exhibit Prior Counsel's FedEx Shipping recipets, #11 Exhibit Pior Counsel's FedEx recipe evidencing that mailings were dropped off, #12 Exhibit Declaration of Service upon Global Medi Products, #13 Exhibit Clerk's Certificate of Default, #14 Exhibit Verified complaint, #15 Exhibit Affidavit of service)(Dowd, Matthew)
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Filing 113
AMENDED ANSWER to., COUNTERCLAIM against Aquavit Pharmaceuticals, Inc.. Document filed by U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 112
MEMO ENDORSEMENT: on re: #111 Response in Opposition to Motion, filed by Aquavit Pharmaceuticals, Inc. ENDORSEMENT: Plaintiff's request for a sur-surreply is denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/18/2019) (ama)
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Filing 111
LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Matthew J. Dowd dated September 18, 2019 re: #109 LETTER MOTION for Leave to File Surreply addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated September 18, 2019. . Document filed by Aquavit Pharmaceuticals, Inc.. (Dowd, Matthew)
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Filing 110
ORDER: granting #109 Letter Motion for Leave to File Document. Defendants may file a sur-reply of no more than 10 pages on or before September 27, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/18/2019) (ama)
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Filing 109
LETTER MOTION for Leave to File Surreply addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated September 18, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Set/Reset Deadlines: Surreplies due by 9/27/2019. (ama)
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Filing 108
BRIEF re: #51 Memorandum of Law in Support, Notice to Court Regarding Proposed Order, #50 Affirmation in Support,, #84 Order to Show Cause,,,, #91 Opposition Brief Reply Brief. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Matthew J. Dowd, #2 Exhibit Exhibit 1_Part 1, #3 Exhibit Exhibit 1_Part 2, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15, #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 17, #20 Exhibit Exhibit 18, #21 Exhibit Exhibit 19, #22 Exhibit Exhibit 20, #23 Exhibit Exhibit 21, #24 Exhibit Exhibit 22, #25 Exhibit Exhibit 23, #26 Exhibit Exhibit 24, #27 Exhibit Exhibit 25, #28 Exhibit Exhibit 26, #29 Affidavit Declaration of Sobin Chang, #30 Exhibit Exhibit 27, #31 Exhibit Exhibit 28)(Dowd, Matthew)
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Filing 107
MEMO ENDORSEMENT on re: #106 Letter Proposing Case Deadlines filed by Aquavit Pharmaceuticals, Inc. ENDORSEMENT: The proposed schedule is hereby approved. In addition to the foregoing, the parties are reminded that monthly status reports remain due on the first business day of each month. In the next status report due on October 1, 2019, the parties must indicate whether the motion for contempt should be decided on the papers or if the parties request an evidentiary hearing and intend to call any witnesses. A status conference shall be scheduled for January 17, 2020, at 10:00 A.M. SO ORDERED., (Nyun Shi Eum answer due 9/25/2019; Global Medi Products answer due 9/25/2019; U-Bio Med, Inc. answer due 9/25/2019.)(Fact Discovery due by 1/15/2020., Motions due by 9/27/2019., Replies due by 9/13/2019., Status Conference set for 1/17/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/11/19) (yv)
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Filing 106
LETTER addressed to Judge Valerie E. Caproni from Matthew J. Dowd and Thomas J. Vetter dated September 10, 2019 re: Proposed Case Deadlines. Document filed by Aquavit Pharmaceuticals, Inc..(Dowd, Matthew)
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Filing 105
ORDER FOR ADMISSION PRO HAC VICE: granting #102 Motion for Matthew J. Dowd to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 9/10/2019) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Matthew James Dowd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17556198. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 104
ORDER: granting #103 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/06/2019) (ama)
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Filing 103
LETTER MOTION for Extension of Time for parties to file proposed case management schedule addressed to Judge Valerie E. Caproni from Matthew J Dowd dated September 6, 2019. Document filed by Aquavit Pharmaceuticals, Inc..(Dowd, Matthew)
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Filing 102
MOTION for Matthew James Dowd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17556198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit of Matthew J Dowd, #2 Exhibit DC Certificate of Good Standing of Matthew J Dowd, #3 Exhibit NY Certificate of Good Standing of Matthew J Dowd, #4 Text of Proposed Order Proposed Order)(Dowd, Matthew)
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Filing 101
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/28/19 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)
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Filing 100
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/28/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Steven Griffing, (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 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019.(McGuirk, Kelly)
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Filing 99
ORDER: granting #96 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Christina Bost Seaton and Anthony Onorato of Fisher Broyles, LLP are terminated as counsel of record for Plaintiff. Outgoing counsel is respectfully requested to take all reasonable steps to ensure an orderly and efficient transition of the matter to incoming counsel, including a conference to familiarize incoming counsel with the case. IT IS FURTHER ORDERED, for the reasons stated at the status conference, that Plaintiff must retain new counsel, who shall file a notice of appearance no later than September 4, 2019. IT IS FURTHER ORDERED that Plaintiff's new counsel and counsel for Defendants UBioMed, Inc. and Nyun Shi Eum must meet and confer and jointly propose a new schedule for the Court's approval, no later than September 6, 2019. The proposed schedule must encompass all existing deadlines and conferences, including the deadline for fact discovery. All pending deadlines and conferences are adjourned pending the Court's ruling on the parties' forthcoming proposal(s). The joint letter to the Court must also indicate whether the parties believe a referral to the magistrate judge for a settlement conference may be helpful. SO ORDERED. Attorney Christina Heather Bost Seaton and Anthony Onorato terminated. (Signed by Judge Valerie E. Caproni on 8/29/2019) (ama)
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Filing 98
ANSWER to #1 Complaint,,,,,. Document filed by U-Bio Med, Inc..(Vetter, Thomas)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 8/28/2019. (anc)
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Filing 97
MEMO ENDORSEMENT with respect to #96 MOTION for Christina H. Bost Seaton, Esq. and Anthony Onorato, both of FisherBroyles LLP to Withdraw as Attorney. ENDORSEMENT: The parties are directed to appear for a status conference on August 28, 2019, at 11:00 A.M., regarding Plaintiff's counsel's pending motion to withdraw. Sobin Chang is directed to appear at the conference in her capacity as Plaintiff's CEO. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/26/2019) (jca)
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Set/Reset Hearings: Status Conference set for 8/28/2019 at 11:00 AM before Judge Valerie E. Caproni. (jca)
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Filing 96
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christina H. Bost Seaton, Esq. and Anthony Onorato, both of FisherBroyles LLP to Withdraw as Attorney . Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Christina H. Bost Seaton, Esq. in Support of Motion to Withdraw, #2 Memorandum of Law in Support of Motion)(Bost Seaton, Christina) Modified on 11/6/2019 (db).
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Filing 95
ORDER: granting #94 Letter Motion for Extension of Time to File ; granting #94 Letter Motion for Extension of Time to File Response/Reply. The deadline for a submission of a joint letter to the Court regarding pending discovery disputes is adjourned to August 28, 2019. Plaintiff's time to move for default against Global Medi Products is adjourned to August 30, 2019--no further extensions are likely to be granted. Plaintiff's reply in support of its motion for contempt is extended through August 30, 2019. The hearing on the contempt motion is adjourned pending further order. The parties are directed to file a joint letter, no later than September 2, 2019, indicating whether they intend to call any witnesses in relation to the motion. If neither party intends to call any witnesses, the parties must indicate whether they request oral argument or whether they believe the Court should decide the motion on the papers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/14/2019) (ama)
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Set/Reset Deadlines: Motions due by 8/30/2019. Replies due by 8/30/2019. (ama)
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Filing 94
LETTER MOTION for Extension of Time to File Joint Status Letter Regarding Discovery Disputes addressed to Judge Valerie E. Caproni from Christina H. Bost Seaton, Esq. dated August 13, 2019., LETTER MOTION for Extension of Time to File Response/Reply Order to Show Cause for Default Judgment and Reply on Order to Show Cause to Compel addressed to Judge Valerie E. Caproni from Christina H. Bost Seaton, Esq. dated August 13, 2019. Document filed by Aquavit Pharmaceuticals, Inc..(Bost Seaton, Christina)
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Filing 93
MEMO ENDORSEMENT: on re: #89 Letter filed by Aquavit Pharmaceuticals, Inc. ENDORSEMENT: Now that the permanent protective order is in effect, the parties are directed to meet-and confer, in-person, for at least two hours or until all remaining disputes are resolved, whichever is earlier. If the remaining disputes are not resolved, the parties are directed to file a joint letter of no longer than five pages, with an itemized list of the remaining disputes and the parties' respective positions, no later than August 14, 2019. In particular, to the extent that the parties continue to dispute the proper form of the product disclaimer, Plaintiff must propose its preferred disclaimer in the joint letter, and Defendants must state their reasons for opposing the proposal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/05/2019) (ama)
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Filing 92
DECLARATION of Nyeon-Sik Eum in Opposition re: #47 MOTION re: #19 Preliminary Injunction,,,,, Set Deadlines/Hearings,,,, To Dissolve or Modify.. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit)(Vetter, Thomas)
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Filing 91
OPPOSITION BRIEF re: #51 Memorandum of Law in Support, #50 Affirmation in Support,, #49 Proposed Order to Show Cause Without Emergency Relief . Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 90
CONFIDENTIALITY STIPULATION AND ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/01/2019) (ama)
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Filing 89
LETTER addressed to Judge Valerie E. Caproni from Christina Bost Seaton dated August 1, 2019 re: Joint discovery status letter per the Court's Order [DE 81]. Document filed by Aquavit Pharmaceuticals, Inc..(Onorato, Anthony)
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Filing 88
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/27/19 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)
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Filing 87
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/27/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Eve Giniger, (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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019.(McGuirk, Kelly)
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Filing 86
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel and subject to the approval of the Court, that the Defendants' dates to comply with the following discovery is extended through and includes July 17, 2019: production of sales-related data and correspondence as set forth on page 2 of the Court's June 28, 2019 Order (DE 68); production of social media profiles and private messages as set forth on pages 2-3 of the Court's June 28, 2019 Order; production of samples of injection devices as set forth on page 3 of the Court's June 28, 2019 Order; production of Defendants' trademark registrations as set forth on page 3 of the Court's June 28, 2019 Order; and responding to Plaintiff's second sets of requests for production and interrogatories. Plaintiff will agree to no further extensions of these deadlines. The parties are advised that interim discovery deadlines may be extended by mutual consent without further application to this Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/15/2019) (ne)
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Filing 85
PROPOSED STIPULATION AND ORDER. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Stipulation and Proposed Order) (Vetter, Thomas)
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Filing 84
ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT: ORDERED, that U-Bio Med, Inc. and Nyun Shi Eum ("Defendants") show cause before this Court, at Room 443, United States Courthouse, 40 Foley Square, in the City, County and State of New York, on August 23, 2019, at 10:00 a.m., or as soon thereafter as counsel may be heard, why an order should not be entered: and as set forth herein. ORDERED that answering papers, if any, be filed with this Court and served on Plaintiff's counsel by ECF, on or before August 2, 2019; and it is further ORDERED that reply papers, if any, be filed and served on Defendants' counsel by ECF, on or before August 16, 2019. The parties are further directed to address, in their papers, whether any non-compliance has been cured or is no longer required as a result of this Court's modified preliminary injunction order, dated June 21, 2019. See Dkt. 65. SO ORDERED. Show Cause Hearing set for 8/23/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. Show Cause Response due by 8/2/2019. (Signed by Judge Valerie E. Caproni on 7/11/2019) (ama)
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Set/Reset Deadlines: Replies due by 8/16/2019. (ama)
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Filing 83
ORDER granting #82 Letter Motion for Extension of Time. Plaintiff's deadline for seeking a default is extended through August 16, 2019. Plaintiff may seek a default as to liability only and defer the issue of damages until the appropriate time. (Signed by Judge Valerie E. Caproni on 7/9/2019) (cf)
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Filing 82
SECOND LETTER MOTION for Extension of Time to make Order to Show Cause for Default Judgment as to Global Medi Products addressed to Judge Valerie E. Caproni from Christina H.Bost Seaton dated July 9, 2019. Document filed by Aquavit Pharmaceuticals, Inc..(Bost Seaton, Christina)
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Filing 81
ORDER: granting #70 Letter Motion for Discovery. Fact discovery is extended through October 31, 2019. The October 4 status conference is adjourned to November 1, 2019, at 10:00 A.M. The Court will set a deadline for expert discovery at the conference. The parties must submit a joint letter by October 24, 2019, setting forth the following: a. a statement of all existing deadlines, due dates, and/or cut-off dates; b. a brief description of any outstanding motions; c. a brief description of the status of discovery and of any additional discovery that needs to be completed; d. a statement describing the status of any settlement discussions and whether the parties would like asettlement conference; e. a statement of the anticipated length of trial and whether the case is to be tried to a jury; f. a statement of whether any party anticipates filing a motion for summary judgment or a motion to exclude expert testimony; g. any other issue that the parties would like to address at the pretrial conference; and h. any other information that the parties believe may assist the Court in advancing the case to settlement or trial. In addition, the parties must submit a status report on the first business day of each month, starting on August 1, 2019, updating the Court on the progress of discovery and raising any disputes that require judicial resolution. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/08/2019) (ama)
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Set/Reset Deadlines: Fact Discovery due by 10/31/2019. (ama)
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Set/Reset Hearings: Status Conference set for 11/1/2019 at 10:00 AM before Judge Valerie E. Caproni. (ama)
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Filing 80
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on KRNIC/KISA on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery, #3 Exhibit cfm of email sent, #4 Exhibit bounceback email)(Bost Seaton, Christina)
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Filing 79
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on Dotname Korea Corp. on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery, #3 Exhibit cfm of email sent)(Bost Seaton, Christina)
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Filing 78
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on YouTube on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of email sent, #2 Exhibit email response)(Bost Seaton, Christina)
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Filing 77
AFFIDAVIT OF SERVICE of Modified Preliminary Injuction Order served on Instagram on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery)(Bost Seaton, Christina)
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Filing 76
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on Facebook on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery)(Bost Seaton, Christina)
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Filing 75
AFFIDAVIT OF SERVICE of Modified preliminary Injunction Order served on Google, LLC on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery, #3 Exhibit cfm of fax sent)(Bost Seaton, Christina)
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Filing 74
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on NongHyup Bank NY on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery)(Bost Seaton, Christina)
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Filing 73
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on NongHyup Bank Korea on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery)(Bost Seaton, Christina)
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Filing 72
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on Daegu Bank on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery, #3 Exhibit cfm of fax sent)(Bost Seaton, Christina)
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Filing 71
AFFIDAVIT OF SERVICE of Modified Preliminary Injunction Order served on PayPal, Inc. on 06-26-2019. Service was made by MAIL. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit cfm of fedex drop off, #2 Exhibit cfm of fedex delivery, #3 Exhibit cfm of email sent, #4 Exhibit emal response)(Bost Seaton, Christina)
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Filing 70
LETTER MOTION for Discovery Schedule Modification addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated July 2, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 69
PROPOSED PROTECTIVE ORDER. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Agreed Protective Order) (Vetter, Thomas)
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Filing 68
ORDER: IT IS HEREBY ORDERED, for the reasons stated on the record during the conference, that Defendants' objection to Plaintiff's proposed protective order is overruled. The parties are directed to follow the procedure adopted in Liveperson, Inc. v. 24/7 Customer, Inc., which required the parties to agree on a list of competitors and each party to conduct a reasonable investigation of the expert and his or her relationship to any competitor, before disclosing any confidential information to said expert. No. 14-CV-1559, 2015 WL 4597546, at *4 (S.D.N.Y. July 30, 2015). To the extent that the parties may have specific issues that they believe each party should reasonably be required to investigate as part of such a process, the parties are directed to meet and confer, in good faith, on the precise language of the protective order, and submit a revised Protective Order no later than July 2, 2019. IT IS FURTHER ORDERED that, no later than July 2, 2019, Defendant Nyun Shi Eum must disclose, in accordance with this Court's prior orders, the account details for any and all of Defendants' financial accounts, including the name of the financial institution, address of the financial institution, services provided by the financial institution, account numbers, and current account balances. IT IS FURTHER ORDERED that, to the extent that any party requests a change to the existing discovery schedule, the parties must meet-and-confer and propose a revised timetable, no later than July 2, 2019. IT IS FURTHER ORDERED that Defendants' objection to Plaintiff's requests for sales related data and correspondence on the ground that the requests pertain to activity outside the United States is overruled. Defendants are therefore directed to proceed with production without regard for the domestic or foreign nature of the transaction or communication. Those communications include those between any Defendant and Premiomed Ltd. of Hungary, KETAZ Aesthetics S.R.I. of Romania, Skin Med of Finland, and any other similar entities, to the extent relevant to this case. Defendants must either produce the requested data or respond with specific objections, no later than July 12, 2019. If the parties cannot reach an agreement, they must promptly notify the Court via a joint letter of not more than 5 pages, explaining each party's position. Such joint letter must be filed not later than July 16, 2019. IT IS FURTHER ORDERED that the parties may extend any of the foregoing deadlines through mutual consent, without further application to the Court. Absent such an agreement or an approved request for an extension to the Court, Defendants must comply with all foregoing deadlines. Failure to comply with these deadlines may result in an order to show cause why Defendants should not be held in contempt or why counsel for Defendants should not be sanctioned. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/2019) (ama)
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Filing 67
PROPOSED PROTECTIVE ORDER. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Proposed Protective Order) (Bost Seaton, Christina)
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Filing 66
BOND INCREASE/RIDER BOND # 837-073-150 in the amount of $35,000.00 posted by Plaintiff. (km)
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Filing 65
MODIFIED PRELIMINARY INJUNCTION ORDER granting in part and denying in part #47 Motion. For those reasons, IT IS HEREBY ORDERED that, as to Defendants U-Bio Med, Inc. and Nyun Shi Eum a/k/a Nyeon-Sik Eum, the operative provisions of the Preliminary Injunction entered on April 29, 2019 shall be superseded by the following: Defendants, their respective officers, employees, agents, servants and attorneys, and all persons in active concert or participation with any of them (regardless of whether located in the United States or abroad), who receive actual notice of this Order, and including, without limitation, are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: from using any reproduction, counterfeit, copy or colorable imitation of Plaintiffs Marks or other rights (whether now in existence or hereafter created) including, without limitation, Plaintiffs Marks, to identify any goods or services not authorized by Plaintiff; and as further set forth herein. Plaintiff shall post an increased bond of $35,000, no later than June 28, 2019. Defendants' motion to modify or dissolve the preliminary injunction is therefore GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to terminate docket entry 47. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/21/2019) (anc) Transmission to Finance Unit (Cashiers) for processing.
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Filing 64
REPLY MEMORANDUM OF LAW in Support re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. Memorandum in Support. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 63
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #64 Reply Memorandum) - REPLY MEMORANDUM OF LAW in Support re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas) Modified on 6/18/2019 (db).
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time.Plaintiff's deadline to seek a default judgment is extended through July 12, 2019. The parties are advised that, according to this Court's Individual Practices, any request for an extension must be made at least 48 hours in advance of the existing deadline. Future non-compliant requests may be denied on that basis alone. Plaintiff is also advised that the Court's previous order was not a "request." To the extent that any previously ordered expedited production remains outstanding, Defendants must complete production no later than June 14, 2019. Per the parties' joint letter, Dkt. 45, all fact discovery must be completed by September 30, 2019. Expert discovery must be completed by October 31, 2019. The next status conference shall take place at 10:00 A.M. on October 4, 2019. The parties must submit a joint letter on the status of discovery by September 26, 2019. The Court defers ruling on the amount of bond until the forthcoming decision on Defendants' motion to dissolve or modify the preliminary injunction.. (Signed by Judge Valerie E. Caproni on 6/10/2019) (js)
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Set/Reset Deadlines: Expert Discovery due by 10/31/2019. Fact Discovery due by 9/30/2019. (js)
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Set/Reset Hearings: Status Conference set for 10/4/2019 at 10:00 AM before Judge Valerie E. Caproni. (js)
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Filing 61
LETTER MOTION for Extension of Time to make Order to Show Cause for Default Judgment as to Global Medi Products addressed to Judge Valerie E. Caproni from Christina H. Bost Seaton dated June 7, 2019. Document filed by Aquavit Pharmaceuticals, Inc..(Bost Seaton, Christina)
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Filing 60
ORDER granting #58 Letter Motion for Leave to File Document: Application GRANTED. (Signed by Judge Valerie E. Caproni on 6/3/2019) (jwh)
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Filing 59
AMENDED REPLY MEMORANDUM OF LAW in Opposition re: #58 LETTER MOTION for Leave to File Corrected Reply Memorandum addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated June 2, 2019. . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 58
LETTER MOTION for Leave to File Corrected Reply Memorandum addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated June 2, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 57
REPLY MEMORANDUM OF LAW in Support re: #47 MOTION re: #19 Preliminary Injunction,,,,, Set Deadlines/Hearings,,,, To Dissolve or Modify. . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 56
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/17/19 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)
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Filing 55
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/17/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 6/21/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/29/2019.(McGuirk, Kelly)
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Filing 54
MEMORANDUM OF LAW in Opposition re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. . Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 53
DECLARATION of Christina H. Bost Seaton in Opposition re: #47 MOTION re: #19 Preliminary Injunction,,,,, Set Deadlines/Hearings,,,, To Dissolve or Modify.. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bost Seaton, Christina)
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Filing 52
MEMORANDUM OF LAW in Opposition re: #47 MOTION re: #19 Preliminary Injunction,,,,, Set Deadlines/Hearings,,,, To Dissolve or Modify. . Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 51
MEMORANDUM OF LAW in Support of Order to Show Cause for Contempt. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 50
AFFIRMATION of Christina H. Bost Seaton, Esq. in Support re: #49 Proposed Order to Show Cause Without Emergency Relief. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Bost Seaton, Christina) Modified on 5/28/2019 (dt). Modified on 5/28/2019 (dt).
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Filing 49
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #49 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Christina Bost Seaton to RE-FILE Document No. #46 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct; Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders, then separately file the Declaration under Other Answers as a Declaration in Support of a Non-Motion, then separately file the Memorandum of Law with exhibits under Other Answers as a Memorandum of Law in Support of a non-Motion. (dt)
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Filing 48
DECLARATION of Nyeon-Sik Eum in Support re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction.. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Attachment 1, #2 Attachment 2)(Vetter, Thomas)
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Filing 47
MOTION re: #19 Preliminary Injunction,,,,, Set Deadlines/Hearings,,,, To Dissolve or Modify. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Attachment 1, #2 Attachment 2)(Vetter, Thomas)
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Filing 46
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Supplement Memorandum of Law in Support, #2 Affidavit Declaration in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15) (Bost Seaton, Christina) Proposed Order to be reviewed by Clerk's Office staff. Modified on 5/28/2019 (dt).
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Filing 45
JOINT LETTER addressed to Judge Valerie E. Caproni from Christina H. Bost Seaton dated May 24, 2019 re: Joint Status Letter. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Bost Seaton, Christina)
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Filing 44
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/19/19 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)
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Filing 43
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/19/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Sonya Ketter Moore, (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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 42
ORDER: granting #41 Motion to expunge docket entries 27 and 29 Clerk's Certificates. IT IS HEREBY ORDERED that, not later than June 7, 2019, Plaintiff must move for an order to show cause why default judgment should not be entered against Defendant Global Medi Products. IT IS FURTHER ORDERED that the Clerk's Certificates of Default as to Defendants U-Bio Med, Inc. and Nyun Shi Eum (hereinafter "Defendants") are hereby vacated. IT IS FURTHER ORDERED Plaintiff must respond to Defendants' motion to dismiss by May 31, 2019. Defendants' Reply shall be due on June 14, 2019. IT IS FURTHER ORDERED that Defendants must submit a supplemental declaration, no later than May 24, 2019, containing a geographical breakdown of the impact of the Court's preliminary injunction on Defendants' income, for purposes of determining the appropriate amount of bond for Plaintiff to post. The declaration should also distinguish Defendants' income from the sale of micro-injection devices from other revenue. The parties are directed to meet-and- confer in good faith on an agreed-upon bond amount and to submit a joint letter on May 24, 2019, setting forth either a jointly proposed amount or the parties' respective proposals. IT IS FURTHER ORDERED that the parties must meet-and-confer and jointly propose a discovery schedule in the joint letter due on May 24, 2019. The schedule should set firm deadlines that allow the parties to reasonably complete all aspects of fact discovery. The schedule should also include a proposed date for the close of expert discovery. The schedule should include a date for the next status conference, to be held on a Friday at 10:00 A.M. after the conclusion of fact discovery. IT IS FURTHER ORDERED Defendants must produce, in response to Plaintiff's initial discovery requests, all of Defendants' known names, addresses, and URLs, no later than May 22, 2019. By the same date, Defendants must also disclose the names and addresses of banks where Defendants maintain an account. The parties are directed to meet and confer on the deadline for the production of the remaining documents requested by Plaintiff. IT IS FURTHER ORDERED that the parties must meet and confer on any modifications to the Preliminary Injunction that Defendants believe are warranted. To the extent that agreement cannot be reached, Defendants must submit a motion to modify the preliminary injunction no later than May 24, 2019. Plaintiff's response to the motion shall be due on May 29, 2019. Defendants' reply shall be due on May 31, 2019. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/17/2019) (ama)
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Filing 41
MOTION to expunge docket entries 27 and 29 Clerk's Certificates. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 5/17/2019. (jp)
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Set/Reset Deadlines: Motions due by 6/24/2019. Responses due by 5/31/2019 Replies due by 6/14/2019. (ama)
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Filing 40
DECLARATION of Nyeon-Sik Eum in Support re: #31 FIRST LETTER MOTION to Expedite June 3, 2019 hearing re dissolving or amending preliminary injunction addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 10, 2019.. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 39
MEMO ENDORSEMENT: on re: #37 Letter, filed by Aquavit Pharmaceuticals, Inc. (Status Conference set for 5/17/2019 at 10:00 AM before Judge Valerie E. Caproni.), Motions terminated: #36 LETTER MOTION to Stay Discovery pending decision on Defendants' motion to dismiss and to dissolve injunction addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 13, 2019. filed by U-Bio Med, Inc., Nyun Shi Eum, #31 FIRST LETTER MOTION to Expedite June 3, 2019 hearing re dissolving or amending preliminary injunction addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 10, 2019. filed by U-Bio Med, Inc., Nyun Shi Eum. ENDORSEMENT: The parties are directed to appear for a status conference at 10:00 A.M. on Friday, May 17, 2019. At the conference, the parties should be prepared to set a schedule for briefing Defendants' motion to dismiss and for expedited discovery. The parties should also be prepared to discuss whether Plaintiff's bond amount should be increased. To that end, Defendants must file any evidence of alleged harm caused by the preliminary injunction by 12:00 P.M. on Thursday, May 16, 2019. The parties are also directed to promptly meet and confer in good faith on an appropriate protective order for purposes of discovery. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 31 and 36. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/13/2019) (js)
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Filing 38
RESPONSE in Support of Motion re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. Responding to Plaintiff's letter #37 . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 FedEx Delivery Record)(Vetter, Thomas)
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Filing 37
LETTER addressed to Judge Valerie E. Caproni from Christina H. Bost Seaton dated May 13, 2019 re: recent filings by Defendants U-Bio Med, Inc. and Eum. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit website captures, #2 Exhibit social medial postings)(Bost Seaton, Christina)
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Filing 36
LETTER MOTION to Stay Discovery pending decision on Defendants' motion to dismiss and to dissolve injunction addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 13, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 34
AFFIRMATION of Thomas J. Vetter in Support re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction.. Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Vetter, Thomas)
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Filing 33
FIRST MEMORANDUM OF LAW in Support re: #32 FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. . Document filed by Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 32
FIRST MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and (6) and to dissolve preliminary injunction. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 31
FIRST LETTER MOTION to Expedite June 3, 2019 hearing re dissolving or amending preliminary injunction addressed to Judge Valerie E. Caproni from Thomas J. Vetter dated May 10, 2019. Document filed by Nyun Shi Eum, U-Bio Med, Inc..(Vetter, Thomas)
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Filing 30
NOTICE OF APPEARANCE by Thomas J. Vetter on behalf of Nyun Shi Eum, U-Bio Med, Inc.. (Vetter, Thomas)
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Filing 29
Vacated as per Judge's Order dated 5/17/2019, Doc. # 42 CLERK'S CERTIFICATE OF DEFAULT as to Nyun Shi Eum aka Nyeon-Sik Eum. (km) Modified on 5/17/2019 (ama).
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Filing 28
CLERK'S CERTIFICATE OF DEFAULT as to Global Medi Products. (km)
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Filing 27
Vacated as per Judge's Order dated 5/17/2019, Doc. # 42 CLERK'S CERTIFICATE OF DEFAULT as to U-Bio Med, Inc. (km) Modified on 5/17/2019 (ama).
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Filing 26
AFFIRMATION of Christina H. Bost Seaton in Support. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bost Seaton, Christina)
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Filing 25
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 24
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 23
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 22
AFFIDAVIT OF SERVICE. Nyun Shi Eum served on 4/15/2019, answer due 5/8/2019. Document filed by Aquavit Pharmaceuticals, Inc.., AFFIDAVIT OF SERVICE. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bost Seaton, Christina)
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Filing 21
AFFIDAVIT OF SERVICE. Global Medi Products served on 4/15/2019, answer due 5/8/2019. Document filed by Aquavit Pharmaceuticals, Inc.., AFFIDAVIT OF SERVICE. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bost Seaton, Christina)
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Filing 20
AFFIDAVIT OF SERVICE. U-Bio Med, Inc. served on 4/15/2019, answer due 5/8/2019. Document filed by Aquavit Pharmaceuticals, Inc.., AFFIDAVIT OF SERVICE. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bost Seaton, Christina)
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Filing 19
PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, IT IS HEREBY ORDERED that: The injunctive relief previously granted in the April 15, 2019 Order should remain in place through the pendency of this litigation, and issuing this preliminary injunction order (hereinafter, "PI Order") is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this PI Order is terminated. This PI Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendant that is subject to this PI Order may appear and move to dissolveor modify the PI Order by appearing before the Court on June 3, 2019 at 2:00 p.m. Any such Defendant shall give at least seven (7) days' prior notice to the Court and to Plaintiff's counsel of such appearance. And as set forth herein in this Order. SO ORDERED., ( Status Conference set for 6/3/2019 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/29/2019) (ama)
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Filing 18
PROPOSED ORDER. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 17
DECLARATION of Christina H. Bost Seaton in Support re: #3 Order to Show Cause,,,,,,,. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A--, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bost Seaton, Christina)
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Filing 16
MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,,,,, . Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 15
DECLARATION of Christina H. Bost Seaton in Support re: #3 Order to Show Cause,,,,,,,. Document filed by Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aquavit Pharmaceuticals, Inc..(Bost Seaton, Christina)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Christina Bost Seaton to RE-FILE Document No. #13 Proposed Order. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct; Re-file the document using the event type Proposed Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF, then separately file the Declaration found under the event list Other Answers, as a Declaration in support of a Non-Motion. You also need to separately file your supporting papers to the Order to Show Cause that you filed on April 15, 2019. Declaration or Affidavit in Support of a Non-Motion, Memorandum in support of a Non-Motion, all fond under Other Answers, and any other documents that you may have submitted. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (dt)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Affidavit In Support of Preliminary Injunction, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) Related Document Number: #3 . (Bost Seaton, Christina) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/25/2019 (dt).
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 4/19/2019. (jp)
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Filing 12
AFFIDAVIT OF SERVICE of declaration of service served on FACEBOOK on 04/17/2019. Service was made by Mail. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Email serving documents, #2 Bounceback email, #3 Sharespace history log, #4 Confirmation of Fedex delivery)(Bost Seaton, Christina)
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Filing 11
AFFIDAVIT OF SERVICE of Declaration of service served on Paypal on 04/17/2019. Service was made by Mail. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Email serving documents, #2 Sharespace history log, #3 Email to counsel)(Bost Seaton, Christina)
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Filing 10
AFFIDAVIT OF SERVICE of Declaration of service served on DOTNAME KOREA CORP on 04/17/2019. Service was made by Mail. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Email serving documents, #2 Sharespace history log)(Bost Seaton, Christina)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was made by Mail. Document filed by Aquavit Pharmaceuticals, Inc.. (Attachments: #1 Emails serving documents, #2 Sharespace history logs, #3 Fedex shipping receipts, #4 Fedex dropoff receipt, #5 Bounceback emails, #6 Email from defendants acknowledging service)(Bost Seaton, Christina)
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Filing 8
NOTICE OF APPEARANCE by Anthony Onorato on behalf of Aquavit Pharmaceuticals, Inc.. (Onorato, Anthony)
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Filing 7
NOTICE OF APPEARANCE by Christina Heather Bost Seaton on behalf of Aquavit Pharmaceuticals, Inc.. (Bost Seaton, Christina)
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Filing 6
NOTICE OF CHANGE OF ADDRESS by Christina Heather Bost Seaton on behalf of Aquavit Pharmaceuticals, Inc.. New Address: FisherBroyles, LLP, 445 Park Avenue, 9th Floor, New York, New York, United States 10022, 203-887-4665. (Bost Seaton, Christina)
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Filing 5
UNDERTAKING ON INJUNCTION BOND # 837-073-150 in the amount of $ 5,000.00 posted by Aquavit Pharmaceuticals, Inc. (dt) (Main Document 5 replaced on 4/17/2019) (dt).
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Christina H. Bost Seaton for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (pne)
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Filing 4
ORDER: IT IS HEREBY ORDERED that the parties must appear for the show-cause hearing at 2:00 P.M. on April 19, 2019, at Room 443 of the Thurgood Marshall United States Courthouse at 40 Foley Square, New York, New York. Plaintiff must serve a copy of this Order on all Defendants using the same means specified in the Court's initial order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/16/2019) (ama)
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER; ASSET RESTRAINING ORDER; ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ORDERED, that the above named Defendants show cause before a motion term of this Court, at Room 443, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on April 19, 2019, at 2:00 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. ORDERED that, sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the Restrained Persons are temporarily restrained and enjoined from: as set forth herein. ORDERED, as sufficient cause has been shown, that such alternative service by electronic means ordered herein shall be made within two (2) days of the Financial Institutions', Third Party Service Providers', and Web Operators' compliance with Section IV of this Order, but in any event, shall be made no later than seven (7) days from the date of this Order. ORDERED, as sufficient cause has been shown, that the Clerk of the Court shall issue a single original summons in the name of Defendants that will apply to all Defendants. Within fourteen (14) days after receiving notice of this Order, each Defendant, or other person served, shall serve upon Plaintiffs counsel a written report under oath. ORDERED that security in the amount of $5,000.00 be posted by the plaintiff prior to April 17, 2019, at 4:00 o'clock in the afternoon of that day. Show Cause Hearing set for 4/19/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/15/2019) (ama)
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Filing 2
CIVIL COVER SHEET filed. (pne) (jgo).
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Filing 1
COMPLAINT against Nyun Shi Eum, Global Medi Products, U-Bio Med, Inc.. (Filing Fee $ 400.00, Receipt Number 465401233320)Document filed by Aquavit Pharmaceuticals, Inc..(pne) (Additional attachment(s) added on 4/19/2019: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit) (jgo). (Additional attachment(s) added on 4/23/2019: #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit) (pc).
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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. (pne)
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Case Designated ECF. (pne)
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SUMMONS ISSUED as to Nyun Shi Eum. (pne)
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SUMMONS ISSUED as to Global Medi Products. (pne)
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SUMMONS ISSUED as to U-Bio Med, Inc.. (pne)
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