Duracell U.S. Operations, Inc. v. My Imports USA LLC et al
Plaintiff: Duracell U.S. Operations, Inc.
Defendant: My Import USA Inc., Mansur Maqsudi, My Imports USA LLC, Jian Yang Zhang, Kevin Zhang and Mansur Maq
Case Number: 1:2019cv03820
Filed: April 29, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2020 Opinion or Order Filing 51 STIPULATION OF DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST DEFENDANT MANSUR MAQSUDI A/K/A MANSUR MAQ: Plaintiff Duracell U.S. Operations, Inc. ("Duracell") and Defendant Masur Maqsudi a/k/a Mansur Maq ("Maq"), pursuant to Fed. R. Civ. P. 41(a)(l) and a confidential settlement agreement, hereby stipulate to the dismissal of all claims in this action that Duracell asserts against Maq with prejudice, with each Party to bear its own costs, expenses and attorneys' fees. SO ORDERED. Mansur Maqsudi (an individual) terminated. (Signed by Judge Paul G. Gardephe on 2/10/2020) (jca)
February 5, 2020 Filing 50 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Mansur Maqsudi pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Duracell U.S. Operations, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Phillips, Robert)
February 5, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Robert Phillips. RE-FILE Document No. #47 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (km)
February 5, 2020 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #50 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Paul G. Gardephe for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
February 4, 2020 Filing 49 NOTICE of Settlement and Motion for Entry of Consent Judgment Against Defendants My Import USA Inc., and Jian Zhang A/K/A Kevin Zhang. Document filed by Duracell U.S. Operations, Inc...(Phillips, Robert)
February 4, 2020 Filing 48 NOTICE of Settlement and Motion for Entry of Consent Judgment Against Defendant My Imports USA LLC. Document filed by Duracell U.S. Operations, Inc...(Phillips, Robert)
February 4, 2020 Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Mansur Maqsudi pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Duracell U.S. Operations, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Phillips, Robert) Modified on 2/5/2020 (km).
January 13, 2020 Opinion or Order Filing 46 ORDER: It is hereby ORDERED that the conference in this action previously scheduled for January 16, 2020 is adjourned. A conference is scheduled for February 13, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 2/13/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/13/2020) (cf)
December 18, 2019 Opinion or Order Filing 45 ORDER granting #44 Letter Motion to Adjourn Conference. The Application is granted. The conference is adjourned to January 16, 2020 at 11:00 A.M. SO ORDERED. Status Conference set for 1/16/2020 at 11:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 12/18/2019) (jca)
December 18, 2019 Filing 44 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Peter D. Raymond dated 12/18/2019. Document filed by Duracell U.S. Operations, Inc..(Raymond, Peter)
November 21, 2019 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Duracell U.S. Operations, Inc. ENDORSEMENT: The conference is adjourned to Dec. 19, 2019 at 10:00 A.M. SO ORDERED. (Status Conference set for 12/19/2019 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/21/2019) (jca)
November 20, 2019 Filing 42 LETTER addressed to Judge Paul G. Gardephe from Robert N. Phillips dated November 20, 2019 re: Seeking Adjournment of Status Conference. Document filed by Duracell U.S. Operations, Inc..(Phillips, Robert)
October 22, 2019 Opinion or Order Filing 41 ORDER: It is hereby ORDERED that there shall be a conference in this matter on Thursday, November 21, 2019 at 3:30 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 11/21/2019 at 03:30 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/22/2019) (js)
October 22, 2019 Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 10/22/2019. (Court Reporter Andrew Walker) (mr)
October 15, 2019 Filing 40 JOINT LETTER addressed to Judge Paul G. Gardephe from Robert N. Phillips and Michael Cibella dated October 15, 2019 re: Initial Case Management. Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Text of Proposed Order Re Civil Case Management Plan and Scheduling Order)(Phillips, Robert)
August 30, 2019 Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by My Import USA Inc..(Cibella, Michael)
August 30, 2019 Filing 38 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by My Import USA Inc..(Cibella, Michael)
August 30, 2019 Filing 37 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Jian Yang Zhang.(Cibella, Michael)
August 29, 2019 Filing 36 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by My Imports USA LLC.(Doyle, Kieran)
August 29, 2019 Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by My Imports USA LLC.(Doyle, Kieran)
August 29, 2019 Filing 34 ANSWER to #1 Complaint,. Document filed by Mansur Maqsudi.(Doyle, Kieran)
August 16, 2019 Opinion or Order Filing 33 ORDER granting #32 Letter Motion to Adjourn Conference. The Application is granted. The conference is adjourned to October 22, 2019 at 12:30p.m. SO ORDERED. (Initial Conference set for 10/22/2019 at 12:30 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/16/2019) (jca)
August 7, 2019 Filing 32 LETTER MOTION to Adjourn Conference on August 29, 2019 addressed to Judge Paul G. Gardephe from Michael V. Cibella dated August 7, 2019. Document filed by Jian Yang Zhang.(Cibella, Michael)
July 30, 2019 Opinion or Order Filing 31 ORDER granting #29 Letter Motion for Extension of Time to Answer. The Application is granted. Jian Yang Zhang answer due 8/30/2019. (Signed by Judge Paul G. Gardephe on 7/30/2019) (jca)
July 30, 2019 Opinion or Order Filing 30 ORDER granting #28 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint. The Application is granted. SO ORDERED. Mansur Maqsudi answer due 8/30/2019; My Imports USA LLC answer due 8/30/2019. (Signed by Judge Paul G. Gardephe on 7/30/2019) (jca)
July 29, 2019 Filing 29 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Michael V. Cibella dated July 29, 2019. Document filed by Jian Yang Zhang.(Cibella, Michael)
July 29, 2019 Filing 28 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul G. Gardephe from Kieran G. Doyle dated July 29, 2019. Document filed by Mansur Maqsudi, My Import USA Inc., My Imports USA LLC.(Doyle, Kieran)
July 1, 2019 Opinion or Order Filing 27 STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT: Pursuant to the parties' stipulation, IT IS SO ORDERED. Defendant Jian Yang Zhang (a/k/a Kevin Zhang) shall answer or otherwise respond to Plaintiff's complaint on or before Wednesday, July 31, 2019. Jian Yang Zhang answer due 7/31/2019. (Signed by Judge Paul G. Gardephe on 7/1/2019) (jca)
June 28, 2019 Filing 26 LETTER MOTION for Extension of Time to File Answer or Otherwise Move addressed to Judge Paul G. Gardephe from Kieran G. Doyle dated June 28, 2019. Document filed by Mansur Maqsudi, My Import USA Inc., My Imports USA LLC.(Doyle, Kieran)
June 27, 2019 Filing 25 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Michael V. Cibella dated June 27, 2019. Document filed by Jian Yang Zhang. (Attachments: #1 stipulation)(Cibella, Michael)
June 25, 2019 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Robert N. Phillips to Appear Pro Hac Vice. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Paul G. Gardephe on 6/24/2019) (tro) Modified on 6/25/2019 (tro).
June 24, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Robert N. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17125054. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 21, 2019 Filing 23 MOTION for Robert N. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17125054. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Affidavit of Robert Phillips in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Phillips, Robert)
May 30, 2019 Opinion or Order Filing 22 STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys that Defendant Jian Yang Zhang (a/k/a Kevin Zhang) and Defendant My Import USA Inc. (collectively "My Import Inc. Defendants") that the My Import Inc. Defendants hereby agree they have been duly served and submit to the personal jurisdiction of the Court, and may have additional time to answer or otherwise respond to Plaintiffs complaint. Therefore, the day for My Import Inc. Defendants to answer or otherwise respond to Plaintiffs complaint is extended from May 30, 2019 to July l, 2019. Good cause exists for this extension as defense counsel has just been retained in this case and requires time to become knowledgeable about the case to prepare an initial pleading. This document is being electronically filed through the Court's ECF System. In thisregard, counsel for the My Import Inc. Defendants hereby attests that (1) this is the first request for an extension; (2) the content of this document is acceptable to all persons required to sign the document; (3) Plaintiffs counsel has concurred with the filing of this document; and (4) a record supporting this concurrence is available for inspection or production if so ordered. Pursuant to the parties' stipulation, IT IS SO ORDERED. Defendant Jian Yang Zhang (a/k/a Kevin Zhang) and Defendant My Import USA Inc. shall answer or otherwise respond to Plaintiff's complaint on or before Monday, July 1, 2019. SO ORDERED. My Import USA Inc. answer due 7/1/2019; Jian Yang Zhang answer due 7/1/2019. (Signed by Judge Paul G. Gardephe on 5/30/2019) (kv)
May 29, 2019 Filing 21 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Michael V. Cibella, Esq. dated May 29, 2019. Document filed by Jian Yang Zhang. (Attachments: #1 Stipulation)(Cibella, Michael)
May 24, 2019 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #19 Letter filed by My Import USA Inc., Mansur Maqsudi, My Imports USA LLC. ENDORSEMENT: The Application is granted. SO ORDERED. (Mansur Maqsudi answer due 6/29/2019; My Import USA Inc. answer due 6/29/2019; My Imports USA LLC answer due 6/29/2019.) (Signed by Judge Paul G. Gardephe on 5/24/2019) (anc)
May 22, 2019 Filing 19 LETTER addressed to Judge Paul G. Gardephe from Kieran G. Doyle dated May 22, 2019 re: Extension of Time to Answer or Otherwise Move. Document filed by Mansur Maqsudi, My Import USA Inc., My Imports USA LLC.(Doyle, Kieran)
May 6, 2019 Filing 18 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 8/29/2019 at 10:00 AM in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/6/2019) (mro)
May 2, 2019 Filing 17 ELECTRONIC SUMMONS ISSUED as to My Import USA Inc.. (dnh)
May 1, 2019 Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to My Import USA Inc., re: #1 Complaint,. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter)
May 1, 2019 Filing 15 ELECTRONIC SUMMONS ISSUED as to Jian Yang Zhang. (dnh)
May 1, 2019 Filing 14 ELECTRONIC SUMMONS ISSUED as to Mansur Maqsudi. (dnh)
May 1, 2019 Filing 13 ELECTRONIC SUMMONS ISSUED as to My Imports USA LLC. (dnh)
May 1, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Dana Raymond to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the party name listed in the docket entry contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
April 30, 2019 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Jian Yang Zhang (a/k/a Kevin Zhang), re: #1 Complaint,. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter)
April 30, 2019 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Mansur Maqsudi (a/k/a Mansur Maq), re: #1 Complaint,. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter)
April 30, 2019 Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to My Imports USA Inc., re: #1 Complaint,. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter) Modified on 5/1/2019 (dnh).
April 30, 2019 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to My Imports USA LLC, re: #1 Complaint,. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter)
April 30, 2019 Filing 8 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (sj)
April 30, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Dana Raymond. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0044; County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj)
April 30, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Dana Raymond. The party information for the following party/parties has been modified: Duracell U.S. Operations, Inc.; My Imports USA LLC; My Import USA Inc.; Mansur Maqsudi; Jian Yang Zhang. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted. (sj)
April 30, 2019 Magistrate Judge Barbara C. Moses 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. (sj)
April 30, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj)
April 30, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Dana Raymond to RE-FILE Document No. #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the proper official A.O. Summons form; Use the Summons in a civil case form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
April 30, 2019 Case Designated ECF. (sj)
April 29, 2019 Filing 7 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Raymond, Peter)
April 29, 2019 Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jian Yang Zhang, re: #1 Complaint. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter) Modified on 4/30/2019 (sj).
April 29, 2019 Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Mansur Maqsudi, re: #1 Complaint. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter) Modified on 4/30/2019 (sj).
April 29, 2019 Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to My Imports USA Inc., re: #1 Complaint. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter) Modified on 4/30/2019 (sj).
April 29, 2019 Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to My Imports USA LLC, re: #1 Complaint. Document filed by Duracell U.S. Operations, Inc.. (Raymond, Peter) Modified on 4/30/2019 (sj).
April 29, 2019 Filing 2 CIVIL COVER SHEET filed. (Raymond, Peter)
April 29, 2019 Filing 1 COMPLAINT against Mansur Maqsudi, My Import USA Inc., My Imports USA LLC, Jian Yang Zhang. (Filing Fee $ 400.00, Receipt Number ANYSDC-16787893)Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Exhibit A to Complaint, #2 Exhibit B to Complaint, #3 Exhibit C to Complaint, #4 Exhibit D to Complaint, #5 Exhibit E to Complaint, #6 Exhibit F to Complaint)(Raymond, Peter)

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Defendant: My Import USA Inc.
Represented By: Michael Vincent Cibella
Represented By: Kieran Gerard Doyle
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Defendant: Mansur Maqsudi
Represented By: Kieran Gerard Doyle
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Defendant: My Imports USA LLC
Represented By: Kieran Gerard Doyle
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Defendant: Jian Yang Zhang
Represented By: Michael Vincent Cibella
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Defendant: Kevin Zhang
Represented By: Michael Vincent Cibella
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Defendant: Mansur Maq
Represented By: Kieran Gerard Doyle
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Plaintiff: Duracell U.S. Operations, Inc.
Represented By: Peter Dana Raymond
Represented By: Robert N. Phillips
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