48th Restaurant Associates LLC v. Avra Hospitality LLC et al
| 48th Restaurant Associates LLC |
| Avra Hospitality LLC, Miki Radovanovic and Andrew Chafoulias |
| 1:2019cv07708 |
| August 16, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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Filing 24
AFFIDAVIT OF SERVICE. Miki Radovanovic served on 9/19/2019, answer due 10/10/2019. Service was accepted by Miki Radovanovic. Document filed by 48th Restaurant Associates LLC. (Weigensberg, Joshua)
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Filing 23
AFFIDAVIT OF SERVICE. Andrew Chafoulias served on 9/24/2019, answer due 10/15/2019. Service was accepted by Andrew Chafoulias. Document filed by 48th Restaurant Associates LLC. (Weigensberg, Joshua)
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Filing 22
ORDER: This Order replaces my Order of September 13, 2019. (Doc. 21.) On September 12, 2019, Defendants filed a motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(3), along with a memorandum of law and declarations in support. (Docs. 1720.) Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby: ORDERED that Plaintiffs shall file any amended complaint by October 3, 2019. It is unlikely that Plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff(s) shall serve any opposition to the motion to dismiss by October 12, 2019. Defendants' reply, if any, shall be served by October 26, 2019. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Amended Pleadings due by 10/3/2019.) (Signed by Judge Vernon S. Broderick on 9/17/2019) (rro)
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Filing 21
ORDER: Accordingly, it is hereby: ORDERED that Plaintiffs shall file any second amended complaint by October 3, 2019. It is unlikely that Plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no second amended complaint is filed, Plaintiff(s) shall serve any opposition to the motion to dismiss by October 12, 2019. Defendants' reply, if any, shall be served by October 26, 2019. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED., ( Amended Pleadings due by 10/3/2019.) (Signed by Judge Vernon S. Broderick on 9/13/2019) (ama)
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Filing 20
DECLARATION of Andy Chafoulias in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Avra Hospitality LLC, Andrew Chafoulias, Miki Radovanovic. (Pace, Hayden)
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Filing 19
DECLARATION of Miki Radovanovic in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Avra Hospitality LLC, Andrew Chafoulias, Miki Radovanovic. (Pace, Hayden)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Avra Hospitality LLC, Andrew Chafoulias, Miki Radovanovic. (Pace, Hayden)
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Filing 17
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Avra Hospitality LLC, Andrew Chafoulias, Miki Radovanovic. Responses due by 9/26/2019(Pace, Hayden)
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Filing 16
AFFIDAVIT OF SERVICE. Avra Hospitality LLC served on 8/22/2019, answer due 9/12/2019. Service was accepted by Marija Cvetkovic, Vice President of Revenue Management. Document filed by 48th Restaurant Associates LLC. (Klarberg, Ryan)
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Filing 15
NOTICE OF APPEARANCE by Ryan Klarberg on behalf of 48th Restaurant Associates LLC. (Klarberg, Ryan)
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Filing 14
NOTICE OF APPEARANCE by Joshua Avram Weigensberg on behalf of 48th Restaurant Associates LLC. (Weigensberg, Joshua)
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Filing 13
CIVIL COVER SHEET filed. (Thomashower, William)
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Filing 12
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). (pne)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Miki Radovanovic. (pne)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Avra Hospitality LLC. (pne)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Andrew Chafoulias. (pne)
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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. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William J. Thomashower to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (pne)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 48th Restaurant Associates LLC.(Thomashower, William)
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #8) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 48th Restaurant Associates LLC.(Thomashower, William) Modified on 8/18/2019 (ldi).
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Filing 6
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Thomashower, William)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Miki Radovanovich, re: #1 Complaint,. Document filed by 48th Restaurant Associates LLC. (Thomashower, William)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Chafoulias, re: #1 Complaint,. Document filed by 48th Restaurant Associates LLC. (Thomashower, William)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Avra Hospitality LLC, re: #1 Complaint,. Document filed by 48th Restaurant Associates LLC. (Thomashower, William)
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Filing 2
CIVIL COVER SHEET filed. (Thomashower, William)
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Filing 1
COMPLAINT against Avra Hospitality LLC, Andrew Chafoulias, Miki Radovanovic. (Filing Fee $ 400.00, Receipt Number ANYSDC-17445951)Document filed by 48th Restaurant Associates LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Thomashower, William)
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