Kid Car NY, LLC v. Kidmoto Technologies LLC et al
Kid Car NY, LLC |
Kidmoto Technologies LLC and Nelson Nigel |
Andrew C. McGibbon |
1:2019cv07929 |
August 23, 2019 |
US District Court for the Southern District of New York |
P Kevin Castel |
Copyright |
15 U.S.C. § 1051 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 86 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 2/23/2021 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.(km) |
Terminate Transcript Deadlines (km) |
Filing 85 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) Kidmoto Technologies LLC, Nelson Nigel pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Andrew C. McGibbon, Kid Car NY, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(McGibbon, James) |
Filing 84 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) Kidmoto Technologies LLC, Nelson Nigel pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Andrew C. McGibbon, Kid Car NY, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(McGibbon, James) Modified on 2/23/2021 (dt). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney James McGibbon. RE-FILE Document No. #84 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (dt) |
Filing 83 ORDER: The next pretrial conference in this matter will be held on February 24, 2021 at 12:00 P.M. The parties are directed to meet and confer regarding an amended Case Management Plan and Scheduling Order. A jointly proposed Plan shall be submitted in writing prior to the Conference. The call-in information for the teleconference will be: Dial-in: (888) 363-4749; Access Code: 3667981. SO ORDERED., ( Pretrial Conference set for 2/24/2021 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/09/2021) (ama) |
Filing 82 OPINION AND ORDER: re: #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial) filed by Kid Car NY, LLC, Andrew C. McGibbon, #63 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Kidmoto Technologies LLC, Nelson Nigel. For the reasons explained, Kidmoto's motion to dismiss the Third Amended Complaint is GRANTED as to Count V but is otherwise DENIED. Kid Car's motion to dismiss the Amended Counterclaims is GRANTED as to Count V, GRANTED in part as to Count IV, and otherwise DENIED. The Clerk is directed to terminate the motions. (Docs 63 and 75). SO ORDERED. (Signed by Judge P. Kevin Castel on 2/09/2021) (ama) |
Minute Entry Mediation Conference held on 12/8/2020. Mediation Status due by 1/7/2021. (rpr) |
Filing 81 REPLY MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial). . Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(McGibbon, James) |
MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 12/8/2020 at 10:30 AM through video conference.(ah) |
Filing 80 MEMORANDUM OF LAW in Opposition re: #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial). . Document filed by Kidmoto Technologies LLC..(Ray, John) |
Filing 79 ORDER granting #78 Letter Motion for Extension of Time to File Response/Reply re #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial): Time to respond extended to November 12, 2020. (Responses due by 11/12/2020.) (Signed by Judge P. Kevin Castel on 10/27/2020) (jwh) |
Filing 78 LETTER MOTION for Extension of Time to File Response/Reply as to #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial). addressed to Judge P. Kevin Castel from John H. Ray, III dated October 26, 2020. Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 77 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/20/2020..(rpr) |
Filing 76 MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial). . Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(McGibbon, James) |
Filing 75 MOTION to Dismiss Counterclaim and Third Party Complaint (Partial). Document filed by Kid Car NY, LLC, Andrew C. McGibbon. Responses due by 10/28/2020.(McGibbon, James) |
Filing 74 MEDIATION REFERRAL ORDER: It is ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/19/2020. (Signed by Judge P. Kevin Castel on 10/7/2020) (va) |
Filing 73 MEMO ENDORSEMENT on re: #72 Letter. ENDORSEMENT: File motion within 14 days. Response due 14 days thereafter. Reply due 7 days thereafter. (Signed by Judge P. Kevin Castel on 10/6/2020) (jwh) |
Filing 72 LETTER addressed to Judge P. Kevin Castel from Alexander P. Fuchs dated September 25, 2020 re: Renewed Request for Leave to File Motion to Dismiss Counterclaim and Third Party Complaint. Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(Fuchs, Alexander) |
Filing 71 RESPONSE to Motion re: #63 MOTION to Dismiss Plaintiff's Third Amended Complaint. - Joint Notice of Supplemental Authority. Document filed by Kid Car NY, LLC..(McGibbon, James) |
Filing 70 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 69 RESPONSE to Motion re: #63 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by Kid Car NY, LLC..(McGibbon, James) |
Filing 68 LETTER addressed to Judge P. Kevin Castel from John H. Ray, III dated May 22, 2020 re: Response to Renewed Pre-Motion Letter. Document filed by Kidmoto Technologies LLC..(Ray, John) |
Filing 67 MEMO ENDORSEMENT on re: #66 Letter, filed by Kid Car NY, LLC, Andrew C. McGibbon. ENDORSEMENT: Kidmoto Technologies LLC shall respond to the pre-motion letter of May 20, 2020 by June 4 responding on the merits and stating unequivocally whether it wishes to further amend the counterclaim and third party complaint. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/21/2020) (jca) |
Filing 66 LETTER addressed to Judge P. Kevin Castel from James R. McGibbon dated 5/20/2020 re: Pre-Motion Letter Seeking Leave to File Partial Motion to Dismiss and establish briefing schedule. Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(McGibbon, James) |
Filing 65 DECLARATION of John H. Ray, III in Support re: #63 MOTION to Dismiss Plaintiff's Third Amended Complaint.. Document filed by Kidmoto Technologies LLC, Nelson Nigel. (Attachments: #1 Exhibit).(Ray, John) |
Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 63 MOTION to Dismiss Plaintiff's Third Amended Complaint. Document filed by Kidmoto Technologies LLC, Nelson Nigel. Responses due by 6/12/2020.(Ray, John) |
Filing 62 AMENDED COUNTERCLAIM amending #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim against Kid Car NY, LLC.Document filed by Kidmoto Technologies LLC. Related document: #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim..(Ray, John) |
Filing 61 AMENDED THIRD PARTY COMPLAINT amending #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim against Andrew C. McGibbon.Document filed by Kidmoto Technologies LLC. Related document: #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim..(Ray, John) |
Filing 60 MEMO ENDORSEMENT on re: #59 Response filed by Kidmoto Technologies LLC, Nelson Nigel. ENDORSEMENT: File amended pleading within 14 days. (Signed by Judge P. Kevin Castel on 4/22/2020) (jwh) |
Filing 59 RESPONSE re: #56 Letter Seeking Leave to File Partial Motion to Dismiss. Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 58 ORDER terminating #47 Letter Motion for Leave to File Document; granting #57 Letter Motion for Leave to File Document: File motion by May 11, 2020. Response due June 12. Reply due June 26. Discovery stayed. May 29, 2020 conference is vacated. (Signed by Judge P. Kevin Castel on 4/17/2020) (jwh) |
Set/Reset Deadlines: Motions due by 5/11/2020. Responses due by 6/12/2020. Replies due by 6/26/2020. (jwh) |
Filing 57 LETTER MOTION for Leave to File Rule 12(b) Motion to Dismiss addressed to Judge P. Kevin Castel from John H. Ray, III dated April 16, 2020. Document filed by Kidmoto Technologies LLC, Nelson Nigel. (Attachments: #1 Exhibit).(Ray, John) |
Filing 56 LETTER addressed to Judge P. Kevin Castel from James R. McGibbon dated 4/13/2020 re: Pre-Motion Letter Seeking Leave to File Partial Motion to Dismiss. Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(McGibbon, James) |
Filing 55 THIRD AMENDED COMPLAINT amending #38 Amended Complaint, against Kidmoto Technologies LLC, Nelson Nigel.Document filed by Kid Car NY, LLC. Related document: #38 Amended Complaint,. (Attachments: #1 Exhibit A - Google Top 51 Results, #2 Exhibit B - Copyright Registration of Text of Kid Car App, #3 Exhibit C - Copying of Kid Car App in Violation of Copyright, #4 Exhibit D - Kidmoto Misuse of Kid Car Trademark).(McGibbon, James) |
Filing 54 ORDER denying without prejudice #53 Letter Motion for Local Rule 37.2 Conference: Application DENIED without prejudice. All discovery is stayed pending further Order of this Court. (Signed by Judge P. Kevin Castel on 3/31/2020) (jwh) |
Filing 53 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from James R. McGibbon dated 3/31/2020. Document filed by Kid Car NY, LLC. (Attachments: #1 Exhibit A - Kid Car Definitions, #2 Exhibit B - Kidmoto General Objections).(McGibbon, James) |
Filing 52 MEMO ENDORSEMENT on re: #50 Response to Motion, filed by Kid Car NY, LLC. ENDORSEMENT: File Amended Complaint in 14 days. (Signed by Judge P. Kevin Castel on 3/19/2020) (jwh) |
Filing 51 ORDER granting #49 Letter Motion for Extension of Time to Answer: Application Granted. (Kid Car NY, LLC answer due 4/13/2020; Andrew C. McGibbon answer due 4/13/2020.) (Signed by Judge P. Kevin Castel on 3/18/2020) (jwh) |
Filing 50 LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from James R. McGibbon dated 3/18/2020 re: #47 LETTER MOTION for Leave to File Rule 12(c) Motion for Judgment on the Pleadings addressed to Judge P. Kevin Castel from John H. Ray, III dated March 10, 2020. . Document filed by Kid Car NY, LLC..(McGibbon, James) |
Filing 49 LETTER MOTION for Extension of Time to File Answer re: #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim addressed to Judge P. Kevin Castel from Alexander P. Fuchs dated 3/18/2020. Document filed by Kid Car NY, LLC, Andrew C. McGibbon..(Fuchs, Alexander) |
Filing 48 ORDER with respect to #47 Letter Motion for Leave to File Document: Plaintiff should unambiguously and unequivocably state whether it wishes to amend its complaint. Letter response to be filed by March 18, 2020. (Signed by Judge P. Kevin Castel on 3/11/2020) (jwh) |
Filing 47 LETTER MOTION for Leave to File Rule 12(c) Motion for Judgment on the Pleadings addressed to Judge P. Kevin Castel from John H. Ray, III dated March 10, 2020. Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 46 ELECTRONIC SUMMONS ISSUED as to Andrew C. McGibbon..(sj) |
Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew C. ("Topher") McGibbon, re: #44 Answer to Amended Complaint, Third Party Complaint, Counterclaim. Document filed by Kidmoto Technologies LLC..(Ray, John) |
Filing 44 ANSWER to #38 Amended Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against Andrew C. McGibbon., COUNTERCLAIM against Kid Car NY, LLC. Document filed by Nelson Nigel, Kidmoto Technologies LLC..(Ray, John) |
Filing 43 FILING ERROR - DEFICIENT PLEADING - PDF ERROR ANSWER to #41 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, with JURY DEMAND., THIRD PARTY COMPLAINT against Andrew C. McGibbon., COUNTERCLAIM against Kid Car NY, LLC. Document filed by Kidmoto Technologies LLC, Andrew C. McGibbon, Nelson Nigel..(Ray, John) Modified on 3/5/2020 (sj). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John H Ray, III to RE-FILE Document No. #42 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the official A.O. Third Party Summons form; Please file your request for summons when you correct and refile your pleading. 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) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John H Ray, III to RE-FILE Document No. #41 Answer to Amended Complaint, Third Party Complaint, Counterclaim. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF does not show Third party and Counterclaim caption; Event type does not match PDF Title. Re-file the pleading using the event type Third Party Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
Filing 42 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Andrew C. McGibbon, re: #41 Answer to Amended Complaint, Third Party Complaint, Counterclaim. Document filed by Kidmoto Technologies LLC..(Ray, John) Modified on 3/2/2020 (sj). |
Filing 41 FILING ERROR - DEFICIENT PLEADING - PDF ERROR ANSWER to #38 Amended Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Andrew C. McGibbon, COUNTERCLAIM against Kid Car NY, LLC. Document filed by Nelson Nigel, Kidmoto Technologies LLC..(Ray, John) Modified on 3/2/2020 (sj). |
Filing 40 ANSWER to #38 Amended Complaint, with JURY DEMAND. Document filed by Kidmoto Technologies LLC, Nelson Nigel..(Ray, John) |
Filing 39 NOTICE OF APPEARANCE by Alexander Phillip Fuchs on behalf of Kid Car NY, LLC..(Fuchs, Alexander) |
Filing 38 SECOND AMENDED COMPLAINT amending #29 Amended Complaint against Kidmoto Technologies LLC, Nelson Nigel.Document filed by Kid Car NY, LLC. Related document: #29 Amended Complaint. (Attachments: #1 Exhibit A - Kidmoto Misuse of KID CAR Trademark, #2 Exhibit B - Copyright Registration of Text of Kid Car App, #3 Exhibit C - Copying of Kid Car App in Violation of Copyright)(McGibbon, James) |
Filing 37 AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER. Pursuant to agreement by all parties in this case, the Case Management Plan and Scheduling Order entered by the Court on November 14, 2019 (the "Scheduling Order") (Dkt. No. 26) is hereby amended as follows. Up until March 1, 2020, Plaintiff may file up to one additional amendment to its First Amended Complaint. Up until March 1, 2020, Defendant may file up to one amended answer that states one or more counterclaims. Any further amendment may be made only with the approval of the Court pursuant to the normal standards of F.R.C.P. Rule 16(a)(4), and as further specified and set forth in this Amendment to Civil Case Management Plan and Scheduling Order. So ordered. (Amended Pleadings due by 3/1/2020). (Signed by Judge P. Kevin Castel on 1/24/2020) (rjm) |
Filing 36 LETTER addressed to Judge P. Kevin Castel from James R. McGibbon dated 1/24/2020 re: Proposed Amendment to the Case Management Plan and Scheduling Order. Document filed by Kid Car NY, LLC. (Attachments: #1 Proposed Amendment to Civil Case Management Plan and Scheduling Order)(McGibbon, James) |
Filing 34 MEMO ENDORSEMENT on #33 JOINT LETTER. ENDORSEMENT: Mediation Referral Order is VACATED. (Signed by Judge P. Kevin Castel on 1/10/2020) (jwh) |
Filing 33 JOINT LETTER addressed to Judge P. Kevin Castel from John H. Ray, III dated January 8, 2020 re: Request to Terminate Referral to Mediation. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
Filing 32 MEMO ENDORSEMENT on re: #31 Letter, filed by Kid Car NY, LLC. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 1/6/2020) (jwh) |
Filing 31 LETTER addressed to Judge P. Kevin Castel from Ronald W. Zdrojeski dated 1/6/2020 re: Exhibits A-C to Amended Complaint (Dkt. No. 29). Document filed by Kid Car NY, LLC. (Attachments: #1 Exhibit A - Kidmoto Misuse of Kid Car Trademark, #2 Exhibit B - Copyright Registration of Text of Kid Car App, #3 Exhibit C - Copying of Kid Car App in Violation of Copyright)(Zdrojeski, Ronald) |
Filing 30 ANSWER to #29 Amended Complaint with JURY DEMAND. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 1/13/2020 at 10:45 AM in Mediator's Office.(smc) |
Filing 29 AMENDED COMPLAINT amending #1 Complaint, against Kidmoto Technologies LLC, Nelson Nigel.Document filed by Kid Car NY, LLC. Related document: #1 Complaint,.(Zdrojeski, Ronald) |
Filing 28 MEMO ENDORSEMENT on re: #27 Letter filed by Kid Car NY, LLC. ENDORSEMENT: Leave to amend granted. File amended pleading by December 19, 2019. (Amended Pleadings due by 12/19/2019.) (Signed by Judge P. Kevin Castel on 12/12/2019) (jwh) |
Filing 27 LETTER addressed to Judge P. Kevin Castel from Ronald Zdrojeski dated 12/6/2019 re: Pre-Motion Letter. Document filed by Kid Car NY, LLC.(Zdrojeski, Ronald) |
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/13/2020.(mf) |
Filing 26 C1VIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filled within 30 days from the date of this Order. Fact Discovery due by 5/14/2020. Initial requests for production of documents to be served by January 21, 2020. Interrogatories to be served by January 21, 2020. Non-Expert Deposition due by 5/14/2020. Expert Discovery due by 6/28/2020. Expert Deposition due by 6/28/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is: 4 days. Refer to Mediation for July 13, 2020 at 10:00am. Case Management Conference set for 5/29/2020 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/14/2019) (jwh) |
Filing 25 MEDIATION REFERRAL ORDER DECLARING CASE ELIGIBLE FOR MEDIATION: To the Clerk of Court: 1. This case is determined to be eligible for mediation as to all issues, as further set forth in this order. Mediation session is scheduled for January 13, 2020 at 10:00 a.m. Mediator may adjust date of first session by seven days. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/25/2019. (Signed by Judge P. Kevin Castel on 11/14/2019) (jwh) |
Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 11/14/2019. Case referred to mediation. The next Case Management Conference is scheduled for May 29, 2020 at 11:00 a.m. (Nacanther, Florence) |
Filing 24 ORDER granting #23 Letter Motion to Adjourn Conference: Conference adjourned from October 29, 2019 to November 14, 2019 at 3:00 p.m. (Initial Conference set for 11/14/2019 at 03:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/25/2019) (jwh) |
Filing 23 JOINT LETTER MOTION to Adjourn Conference to November 14, 2019 addressed to Judge P. Kevin Castel from John H. Ray, III dated October 25, 2019. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
Filing 22 MEMO ENDORSEMENT on re: #20 Letter filed by Kidmoto Technologies LLC, Nelson Nigel. ENDORSEMENT: The Court would be please to adjourn the conference to a more convenient time, if requested to do so. For reasons explained, the application insofar as it applies to the initial conference is denied without prejudice for the reasons explained in Williams v. A&E Television Network, 2015 WL 778156 (SDNY 2015). Application (DE 19) also denied. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/23/2019) (ks) |
Filing 21 JOINT LETTER addressed to Judge P. Kevin Castel from Ronald Zdrojeski dated 10/22/2019 re: the Case Prior to the Conference. Document filed by Kid Car NY, LLC.(Zdrojeski, Ronald) |
Filing 20 LETTER addressed to Judge P. Kevin Castel from John H. Ray, III dated October 22, 2019 re: Leave to Appear by Telephone. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
Filing 19 LETTER addressed to Judge P. Kevin Castel from Ronald Zdrojeski dated 10/22/2019 re: Request to Appear at Initial Pretrial Conference by Telephone. Document filed by Kid Car NY, LLC.(Zdrojeski, Ronald) |
Filing 18 ORDER granting #17 Motion for James R. McGibbon to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 17 MOTION for James R. McGibbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17607499. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kid Car NY, LLC. (Attachments: #1 Affidavit of James R. McGibbon, #2 Certificate of Good Standing, #3 Text of Proposed Order)(McGibbon, James) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for James R. McGibbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17607499. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 16 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kidmoto Technologies LLC, Nelson Nigel.(Ray, John) |
Filing 14 NOTICE OF APPEARANCE by John H. Ray, III on behalf of Kidmoto Technologies LLC, Nelson Nigel. (Ray, John) |
Filing 13 MEMO ENDORSEMENT: on re: #11 Letter filed by Kid Car NY, LLC. ENDORSEMENT: Exhibit B accepted as part of Complaint. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/02/2019) (ama) |
Filing 12 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/29/2019 at 11:45 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 8/27/2019) (jwh) |
Filing 11 LETTER addressed to Judge P. Kevin Castel from Ron Zdrojeski dated 8/26/2019 re: Exhibit B to the Complaint (Dkt. No. 1). Document filed by Kid Car NY, LLC. (Attachments: #1 Exhibit B - Copyright Registration of Text of Kid Car App)(Zdrojeski, Ronald) |
Filing 10 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne) |
Filing 9 ELECTRONIC SUMMONS ISSUED as to Nelson Nigel. (pne) |
Filing 8 ELECTRONIC SUMMONS ISSUED as to Kidmoto Technologies LLC. (pne) |
Magistrate Judge Debra C. Freeman 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) |
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. (pne) |
Case Designated ECF. (pne) |
Filing 7 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Zdrojeski, Ronald) |
Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kid Car NY, LLC.(Zdrojeski, Ronald) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to NELSON NIGEL, re: #1 Complaint,. Document filed by Kid Car NY, LLC. (Zdrojeski, Ronald) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to KIDMOTO TECHNOLOGIES LLC, re: #1 Complaint,. Document filed by Kid Car NY, LLC. (Zdrojeski, Ronald) |
Filing 3 CIVIL COVER SHEET filed. (Zdrojeski, Ronald) |
Filing 2 NOTICE OF APPEARANCE by Sarah Chaudhry on behalf of Kid Car NY, LLC. (Chaudhry, Sarah) |
Filing 1 COMPLAINT against Kidmoto Technologies LLC, Nelson Nigel. (Filing Fee $ 400.00, Receipt Number ANYSDC-17484185)Document filed by Kid Car NY, LLC. (Attachments: #1 Exhibit A- Kidmoto Misuse of KID CAR Trademark, #2 Exhibit B - Copyright Registration of Text of Kid Car App, #3 Exhibit C - Copying of Kid Car App in Violation of Copyright)(Zdrojeski, Ronald) |
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