Lexington Furniture Industries, Inc. v. The Lexington Company, AB
| Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands and Lexington Furniture Industries, Inc. |
| The Lexington Company, AB d/b/a The Lexington Clothing Company and The Lexington Company, AB |
| 1:2019cv06239 |
| July 3, 2019 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER denying #32 Letter Motion for Conference. Conference is adjourned from September 6, 2019 to September 13, 2019 at 10:30 AM. (Signed by Judge P. Kevin Castel on 8/29/2019) (cf)
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Filing 32
LETTER MOTION for Conference (Request for Timothy D. Pecsenye to Appear via Telephone for Rule 16 Conference) addressed to Judge P. Kevin Castel from Craig M. Flanders dated 08/29/2019. Document filed by The Lexington Company, AB.(Flanders, Craig)
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Set/Reset Hearings: Initial Conference set for 9/13/2019 at 10:30 AM before Judge P. Kevin Castel. (cf)
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Filing 31
MEMO ENDORSEMENT on re: #30 Response to Motion, filed by The Lexington Company, AB. ENDORSEMENT: Defendant is granted leave to amend its counterclaims provided it does so within 14 days of this Order. (Signed by Judge P. Kevin Castel on 8/27/2019) (jwh)
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Filing 30
LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Craig M. Flanders dated 8/26/19 re: #29 LETTER MOTION for Leave to File Motion to Dismiss Counterclaim addressed to Judge P. Kevin Castel from Matthew W. Cornelia dated 8/20/2019. . Document filed by The Lexington Company, AB. (Flanders, Craig)
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Filing 29
LETTER MOTION for Leave to File Motion to Dismiss Counterclaim addressed to Judge P. Kevin Castel from Matthew W. Cornelia dated 8/20/2019. Document filed by Lexington Furniture Industries, Inc..(Cornelia, Matthew)
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Filing 28
RESPONSE re: #20 Response, #13 Order on Motion for Conference,, . Document filed by Lexington Furniture Industries, Inc.. (Newberg, Brad)
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Filing 27
ORDER granting #25 Motion for Timothy Pecsenye to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 26
ORDER granting #24 Motion for Samar Aryani-Sabet to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 25
MOTION for Timothy Pecsenye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17340069. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Lexington Company, AB.(Flanders, Craig)
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Filing 24
MOTION for Samar Aryani-Sabet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17340004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Lexington Company, AB.(Flanders, Craig)
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Filing 23
NOTICE OF APPEARANCE by Craig Matthew Flanders on behalf of The Lexington Company, AB. (Flanders, Craig)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Lexington Company, AB.(Flanders, Craig)
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Filing 21
ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Lexington Furniture Industries, Inc.. Document filed by The Lexington Company, AB. (Attachments: #1 Exhibit A, #2 Exhibit B)(Flanders, Craig)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Timothy Pecsenye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17340069. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Samar Aryani-Sabet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17340004. 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 20
RESPONSE re: #13 Order on Motion for Conference,, . Document filed by The Lexington Company, AB. (Flanders, Craig)
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Filing 19
ORDER granting #17 Motion for Matthew William Cornelia to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 18
ORDER granting #16 Motion for Lucy Jewett Wheatley to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Matthew William Cornelia 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 17
MOTION for Matthew William Cornelia to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lexington Furniture Industries, Inc.. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Newberg, Brad)
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Filing 16
MOTION for Lucy Jewett Wheatley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lexington Furniture Industries, Inc.. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit Certificate of Good Standing for L. Wheatley, #3 Text of Proposed Order Proposed Order)(Newberg, Brad)
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew William Cornelia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17275577. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lexington Furniture Industries, Inc.. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit Certificate of Good Standing for M. Cornelia, #3 Text of Proposed Order Proposed Order)(Newberg, Brad) Modified on 7/19/2019 (wb).
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct ., MOTION for Lucy Jewett Wheatley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lexington Furniture Industries, Inc.. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit Certificate of Good Standing for L. Wheatley, #3 Text of Proposed Order Proposed Order)(Newberg, Brad) Modified on 7/19/2019 (wb).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Lucy Jewett Wheatley 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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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION to Amend/Correct . MOTION for Lucy Jewett Wheatley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... 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.. (wb)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Matthew William Cornelia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17275577. 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 Texas;. 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.. (wb)
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Filing 13
ORDER terminating #12 Letter Motion for Conference: The Settlement Agreement lies at the hear of the case. It settled a cancellation proceeding before the USPTO. The warm embrace by both sides of continued confidentiality of the terms of the Settlement Agreement does not address the public's right of access. if the public is to be excluded, it is entitled to know why -- and not have it be the result of the private conversation between the judge and the parties. By July 30 submit a letter explaining why the standards in Lugosch v. Pyramid 435 F. 3d 110 (2nd. Cir 2006) are met. (Signed by Judge P. Kevin Castel on 7/18/2019) (jwh)
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Filing 12
CONSENT LETTER MOTION for Conference /Telephone Conference addressed to Judge P. Kevin Castel from Craig M. Flanders dated 7/17/19. Document filed by The Lexington Company, AB.(Flanders, Craig)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint,. The Lexington Company, AB served on 7/9/2019, answer due 7/30/2019. Service was accepted by Lori Mangiaracina - Receptionist. Document filed by Lexington Furniture Industries, Inc.. (Newberg, Brad)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lucy Jewett Wheatley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17249936. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lexington Furniture Industries, Inc.. (Attachments: #1 Affidavit L. Wheatley in Support of Motion for Pro Hac Admission, #2 Exhibit Certificate of Good Standing (L. Wheatley), #3 Text of Proposed Order Proposed Order)(Newberg, Brad) Modified on 7/16/2019 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Lucy Jewett Wheatley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17249936. 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 Virginia. We do not except them from a state bar association.;. Re-file the motion as a Corrected 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 9
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/6/2019 at 10:45 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, as further set forth in this order. (Signed by Judge P. Kevin Castel on 7/9/2019) (jwh)
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Filing 8
CIVIL COVER SHEET filed. (Newberg, Brad)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to The Lexington Company, AB. (pc)
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Filing 6
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). (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brad Richard Newberg. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17191595, paid on 7/3/2019. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brad Richard Newberg. The party information for the following party/parties has been modified: Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands, The Lexington Company, AB d/b/a The Lexington Clothing Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brad Richard Newberg to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suit were selected. Choose one. (pc)
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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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. (pc)
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Magistrate Judge Ona T. Wang 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. (pc)
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Filing 5
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Newberg, Brad)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to The Lexington Company, AB d/b/a The Lexington Clothing Company, re: #1 Complaint,. Document filed by Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands. (Newberg, Brad)
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Filing 3
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands.(Newberg, Brad)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Newberg, Brad) Modified on 7/9/2019 (pc).
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Filing 1
COMPLAINT against Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands. Document filed by Lexington Furniture Industries, Inc. d/b/a Lexington Home Brands. (Attachments: #1 Exhibit 1 - TM Registration, #2 Exhibit 2 - TM Registration, #3 Exhibit 3 - TM Registration, #4 Exhibit 4 - TM Registration, #5 Exhibit 5 - TM Registration, #6 Exhibit 6 - TTAB Cancellation Proceeding)(Newberg, Brad)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brad Richard Newberg. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Brad Richard Newberg to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 7/15/2019. (pc)
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