SmileDirectClub, LLC v. Jacqueline I. Fulop, D.M.D., P.C. et al
| SmileDirectClub, LLC |
| Jacqueline I. Fulop, D.M.D., P.C. and Jacqueline Fulop-Goodling |
| 1:2019cv09582 |
| October 16, 2019 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1125 la |
| Both |
Docket Report
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This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: Plaintiff is granted leave to amend its complaint to add allegations regarding Count IV, after which defendants may move to dismiss that claim. Regarding Count IX, if discovery on another claim yields a claim for tortious interference with prospective economic advantage, then plaintiff may, as always, seek the Court's leave to add a cause of action for it to the complaint. Fed. R. Civ. P. 15(a)(2). However, plaintiff appears to propose to voluntarily dismiss Count IX while reserving the right to take discovery in search of it. This is not permissible. Bearing this in mind, plaintiff shall decide whether to voluntarily dismiss Count IX. If plaintiff decides not to do so, then the Court grants it leave to amend its complaint, if it can do so consistent with Rule 11, to assert allegations to cure the alleged deficiencies in Count IX, after which defendants may also move to dismiss Count IX. In any event, if defendants move to dismiss Count(s) IV (and IX), the parties shall confer on a briefing schedule agreeable to both sides, in which no more than sixty (60) days elapse from the filing of defendants' motion to the filing of their reply. (Signed by Judge Naomi Reice Buchwald on 12/9/2019) (va) Modified on 12/11/2019 (va).
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| Filing 13 LETTER addressed to Judge Naomi Reice Buchwald from Robert S. Weisbein dated December 5, 2019 re: Response to Defendants' Letter for Pre-Motion Conference. Document filed by SmileDirectClub, LLC.(Weisbein, Robert) |
| Filing 12 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against SmileDirectClub, LLC. Document filed by Jacqueline Fulop-Goodling, Jacqueline I. Fulop, D.M.D., P.C.. (Attachments: #1 Exhibit 1 - Smile Shop Registrations, #2 Exhibit 2 - PC's Instagram Post)(Rosenberg, Mark) |
| Filing 11 LETTER addressed to Judge Naomi Reice Buchwald from Mark J. Rosenberg re: request for pre-motion conference. Document filed by Jacqueline Fulop-Goodling, Jacqueline I. Fulop, D.M.D., P.C..(Rosenberg, Mark) |
| Filing 10 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that Defendants Jacqueline I. Fulop, D.M.D., P.C. and Jacqueline I. Fulop's time to answer, respond or otherwise move with respect to the Complaint in this action is extended to and including December 2, 2019. Jacqueline Fulop-Goodling answer due 12/2/2019; Jacqueline I. Fulop, D.M.D., P.C. answer due 12/2/2019. (Signed by Judge Naomi Reice Buchwald on 11/21/2019) (mro) |
| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Jacqueline Fulop-Goodling, Jacqueline I. Fulop, D.M.D., P.C.. (Rosenberg, Mark) |
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Filing 8
ORDER: granting #7 Motion for Jami A. Gekas to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 11/12/2019) (ama)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Jami A. Gekas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17921294. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 7 MOTION for Jami A. Gekas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17921294. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SmileDirectClub, LLC. (Attachments: #1 Supplement Certificate of Good Standing, #2 Affidavit Affidavit of Jami A. Gekas in Support of Motion, #3 Text of Proposed Order Admit Counsel Pro Hac Vice)(Gekas, Jami) |
| Filing 6 AFFIDAVIT OF SERVICE. Jacqueline I. Fulop, D.M.D., P.C. served on 10/21/2019, answer due 11/12/2019. Service was accepted by Samantha Nelson. Document filed by SmileDirectClub, LLC. (Weisbein, Robert) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Jacqueline Fulop-Goodling, Jacqueline I. Fulop, D.M.D., P.C.. (dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jacqueline I. Fulop, D.M.D., P.C. and Jacqueline Fulop-Goodling, re: #1 Complaint,. Document filed by SmileDirectClub, LLC. (Weisbein, Robert) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Jacqueline I. Fulop, D.M.D., P.C. and Jacqueline Fulop-Goodling, re: #1 Complaint,. Document filed by SmileDirectClub, LLC. (Weisbein, Robert) Modified on 10/17/2019 (dnh). |
| Filing 2 CIVIL COVER SHEET filed. (Weisbein, Robert) |
| Filing 1 COMPLAINT against SmileDirectClub, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17786490)Document filed by SmileDirectClub, LLC. (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)(Weisbein, Robert) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert S. Weisbein. 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). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (dnh) |
| 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. (dnh) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Robert S. Weisbein to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert S. Weisbein to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): As To Error; all of the parties that were listed in the 'as to' docket entry were not listed on the summons PDF. 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) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Robert S. Weisbein 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 10/22/2019. (dnh) |
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