BHYS Sales Inc. et al v. P & R Packaging and Refurbishing Corporation

Plaintiff: BHYS SALES INC., PHL COMMERCE and PHL Commerce LLC
Defendant: RAPHAEL BADOUCH, 123 DEALS FROM A TO Z LLC, JUAN ROYAL, EDWARD PALOMO, P&R PACKAGING AND REFURBISHING CORPORATION, R1 INTERNATIONAL, P & R Packaging and Refurbishing Corporation and R1 International, LLC
3Rd Party Defendant: Bergen Wholesalers LLC and MAS Management, Inc.
Case Number: 1:2019cv11397
Filed: December 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Kevin Nathaniel Fox
Referring Judge: Victor Marrero
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 la
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2021 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 12/1/2021. The three issues identified in Docket Entry No. 71 were explored with the parties and resolved. Although the parties accuse each other of failing to meet their respective discovery obligations, no party made a motion to compel discovery either prior to or after the close of discovery, and each party conceded that nothing prevented it from making such a motion. In addition, during the conference, good cause for modifying the scheduling order to permit additional time for conducting discovery was not established. (Potter, Elizabeth)
November 23, 2021 Filing 73 ORDER: The telephone conference scheduled previously for November 24, 2021, is hereby rescheduled to December 1, 2021, at 10:30 a.m. The matters raised in Docket Entry No. 71 will be addressed. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 12/1/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/23/2021) (va)
November 22, 2021 Filing 72 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on November 24, 2021, at 10:30 a.m. The matters raised in Docket Entry No. 71 will be addressed. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 11/24/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/22/2021) (va)
November 10, 2021 Filing 71 ORDER: Pursuant to the order on June 16, 2021, (see Dkt. No. 60), the Court refers the following issues raised by the parties to Magistrate Judge Fox for determination: (1) whether either party refused to provide discovery; (2) if so, whether discovery is in fact complete; and (3) how the claims alleging incomplete discovery should be resolved. SO ORDERED. (Signed by Judge Victor Marrero on 11/10/2021) (jca)
November 8, 2021 Filing 70 LETTER addressed to Judge Victor Marrero from Adam Engel dated 11/08/21 re: Response to Defendants' pre-motion letter (Dkt. #68). Document filed by PHL Commerce LLC..(Engel, Adam)
November 3, 2021 Filing 69 MEMO ENDORSEMENT on re: #68 Letter, filed by 123 Deals from A to Z LLC, Raphael Badouch. ENDORSEMENT: Plaintiffs are directed to respond by 11/8/21, by letter not to exceed 4 pages, to the matter set forth above by Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 11/3/2021) (vfr)
November 2, 2021 Filing 68 FIRST LETTER addressed to Judge Victor Marrero from Samuel Z Brown dated 11-02-2021 re: Conference. Document filed by 123 Deals from A to Z LLC, Raphael Badouch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Brown, Samuel)
November 1, 2021 Filing 67 ORDER: denying without prejudice #66 Letter Motion for Conference re: #66 LETTER MOTION for Conference re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error, addressed to Judge Victor Marrero from Adam Engel dated 10/29/2021. LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Adam Engel dated 10/29/2021. ; denying without prejudice #66 Letter Motion for Extension of Time. On October 15 2021, defendants 123 Deals from A to Z, LLC and Raphael Badouch filed a motion for summary judgment addressed to Magistrate Judge Kevin Fox. Dispositive pre- trial motions in this matter should be directed to the District Court Judge. The Court hereby denies this motion without prejudice. The Court's Individual Rules require that the parties engage in correspondence regarding anticipated motions for summary judgment, and if the parties are unable to resolve the dispute, a conference must be requested before filing the motion with the Court. (See generally Individual Rules at Section II, A, available athttps://www.nysd.uscourts.gov/hon-victor-marrero.) The Court hereby directs both defendants, as well as any other defendants who anticipate bringing motions in this matter, to review the Individual Rules and comply with their terms before bringing a motion for summary judgment. SO ORDERED. (Signed by Judge Victor Marrero on 11/01/2021) (ama)
October 29, 2021 Filing 66 LETTER MOTION for Conference re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error, addressed to Judge Victor Marrero from Adam Engel dated 10/29/2021., LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Adam Engel dated 10/29/2021. Document filed by PHL Commerce LLC..(Engel, Adam)
October 28, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Samuel Z. Brown to RE-FILE Document #65 FIRST MOTION for Summary Judgment . ERROR(S): supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
October 15, 2021 Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Summary Judgment . Document filed by 123 Deals from A to Z LLC, Raphael Badouch. Responses due by 10/25/2021 Return Date set for 11/8/2021 at 09:00 AM. (Attachments: #1 Affidavit Affirmation of Samuel Z Brown Esq, #2 Brief, #3 Statement of Undisputed Facts, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F).(Brown, Samuel) Modified on 10/28/2021 (ldi).
October 13, 2021 Filing 64 PROPOSED PRE-TRIAL ORDER. Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
October 1, 2021 Filing 63 ORDER : By an order dated June 23, 2021, Docket Entry No.62, the parties were directed to submit their joint pretrial order to the court on or before September 29, 2021. The docket sheet maintained by the Clerk of Court for this action does not reflect that the requisite submission was made. Therefore, on or before October 8, 2021, the parties shall submit their joint pretrial order to the court. The parties are reminded that failing to comply with a court order may result in sanctions, including the harshest sanctions. ( Pretrial Order due by 10/8/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/1/2021) (ate)
June 23, 2021 Filing 62 ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be initiated so as to be completed on or before August 25, 2021; and 2. the parties' joint pretrial order shall be submitted to the court on or before September 29, 2021. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. SO ORDERED. ( Discovery due by 8/25/2021. Pretrial Order due by 9/29/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/23/2021) (va)
June 23, 2021 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephonic status conference held on 6/23/2021. (Potter, Elizabeth)
June 17, 2021 Filing 61 ORDER granting #56 Letter Motion for Conference addressed to Judge Victor Marrero from Samuel Z. Brown, Esq. dated March 11, 2021. IT IS HEREBY ORDERED that a telephonic status conference shall be held in the above-captioned action on June 23, 2021, at 3:00 p.m. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. Telephone Conference set for 6/23/2021 at 03:00 PM before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/17/2021) (va)
June 16, 2021 Filing 60 ORDER: On March 11, 2021, Defendants filed a letter with the Court requesting dismissal of this action for lack of prosecution or in the alternative sanctions for alleged delay on the part of Plaintiffs. (See Dkt. No. 56.) On May 4, 2021, the Court directed Plaintiffs to respond to the contentions raised in Defendants' letter. (See Dkt. No. 57.) On May 6, 2021, Plaintiff submitted its response via fax to Chambers. (See May 6 Letter.) After reviewing the parties' submissions, the Court is not yet persuaded that dismissal for lack of prosecution is an appropriate sanction. The Court will remind Plaintiffs of their obligation to meet discovery deadlines or risk dismissal of this action. To the extent Defendants have raised additional issues and argument with respect to Plaintiffs' dilatory discovery conduct thus far, the Court will refer these issues to the assigned magistrate judge for resolution, including any sanctions that may be appropriate. So Ordered. (Signed by Judge Victor Marrero on 6/16/2021) (js)
June 16, 2021 Filing 59 ENDORSED LETTER addressed to Judge Victor Marrero from Adam E. Engel dated 5/6/2021 re: I represent the Plaintiffs BHYS Sales Inc. and PHL Commerce LLC in the above-referenced action and write today in response to the letter falsely claiming "want of prosecution" filed by Defendants 123 Deals and Raphael Badouch (together, "Defendants"). In short, Defendants' letter is, at best, a premature discovery dispute masquerading as a dispositive motion, and is based on demonstrable falsehoods, misleading omissions, and a total misapplication of law. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter submitted to the Court by Plaintiff. So Ordered. (Signed by Judge Victor Marrero on 6/16/2021) (js)
June 16, 2021 Filing 58 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox.The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636(c), all such communications shall be addressed solely to the Magistrate Judge. So Ordered. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Victor Marrero on 6/16/2021) (js)
May 4, 2021 Filing 57 ORDER with respect to #56 Motion for Conference re: #56 FIRST LETTER MOTION for Conference addressed to Judge Victor Marrero from Samuel Z. Brown, Esq. dated March 11, 2021. Plaintiff is hereby ordered to respond to the matters set forth in Defendants' March 11, 2021 letter, (see Dkt. No. 56), by May 6 by letter not to exceed three pages explaining why this matter should not be dismissed for lack of prosecution. SO ORDERED. (Signed by Judge Victor Marrero on 5/4/2021) (kv)
May 4, 2021 Set/Reset Deadlines: Responses due by 5/6/2021 (kv)
March 11, 2021 Filing 56 FIRST LETTER MOTION for Conference addressed to Judge Victor Marrero from Samuel Z. Brown, Esq. dated March 11, 2021. Document filed by 123 Deals from A to Z LLC, Raphael Badouch..(Brown, Samuel)
November 17, 2020 Filing 55 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than June 1, 2021. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. 636(c)? No. In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial Order and related documents shall be scheduled at the pretrial conference following either the completion of all discovery or the Court's ruling on any dispositive motion. The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Practices. If this action is to be tried before a jury, proposed voir dire and jury instructions shall be filed with the Joint Pretrial Order. No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order.. Amended Pleadings due by 12/16/2020. Joinder of Parties due by 12/16/2020. Deposition 2/15/2021. Expert Deposition due by 5/1/2021. Fact Discovery due by 3/1/2021. Expert Discovery due by 5/1/2021. So Ordered. (Signed by Judge Victor Marrero on 11/17/2020) (js)
November 16, 2020 Filing 54 PROPOSED CASE MANAGEMENT PLAN. Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
October 30, 2020 Filing 53 Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 10/30/2020. Attorney Adam Engel present on behalf of Plantiffs. Attorney Samuel Brown present on behalf of Defendants. The parties will submit a revised case management plan consistent with the Court's instructions. In the event the parties cannot reach agreement regarding a revised plan, the Court will refer the case to the designated magistrate judge for supervision of general pretrial matters, including discovery. (mef)
October 23, 2020 Filing 52 ORDER granting #51 Letter Motion to Adjourn Conference. Request Granted. The conference shall be held on Friday, October 30, 2020 at 11:00 a.m. The proceeding shall be a teleconference. The parties are directed to use the dial-in 888-363-4749, with access code 8392198. So Ordered. Case Management Conference set for 10/30/2020 at 11:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 10/23/2020) (js)
October 23, 2020 Filing 51 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Victor Marrero from Adam Engel dated 10/23/2020. Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
October 23, 2020 Filing 50 ORDER: In light of the ongoing public health crisis, the status conference before the Honorable Victor Marrero on Friday, October 23, 2020 at 11:00 a.m. shall be a teleconference. The parties are directed to use the dial-in number 888-363-4749, with access code 8392198. The parties are further directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, available on the Court's website: https://nysd.uscourts.gov/hon-victor -marrero. (Signed by Judge Victor Marrero on 10/23/2020) (nb)
October 9, 2020 Filing 49 ENDORSED LETTER addressed to Judge Victor Marrero from Samuel Z. Brown dated 10/9/20 re: Request an adjournment of the 10/9/20 conference. ENDORSEMENT: The request is granted. The case management conference scheduled for today, October 9, 2020 is adjourned until October 23, 2020 at 11 a.m. ( Case Management Conference set for 10/23/2020 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 10/9/2020) (mro)
June 11, 2020 Filing 48 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C.636(c)? No. Depositions due by 9/10/2020. Amended Pleadings due by 7/24/2020. Joinder of Parties due by 7/24/2020. Expert Deposition due by 2/26/2021. Fact Discovery due by 9/25/2020. Expert Discovery due by 2/26/2021. Case Management Conference set for 10/9/2020 at 04:00 PM before Judge Victor Marrero. SO ORDERED. (Signed by Judge Victor Marrero on 6/11/2020) (ks)
June 10, 2020 Filing 47 PROPOSED CASE MANAGEMENT PLAN. Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
May 29, 2020 Filing 46 PROPOSED CASE MANAGEMENT PLAN. Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
May 22, 2020 Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 5/22/2020. Attorney Adam Engel present on behalf of plaintiffs BHYS Sales Inc. and PHL Commerce LLC. Attorney Samuel Brown present on behalf of defendants Raphael Badouch and 123 Deals from A to Z LLC. The Court directed the parties to confer and develop a joint proposed case management plan. (mef)
May 22, 2020 Filing 45 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. on behalf of Plaintiffs Document filed by BHYS Sales Inc., PHL Commerce LLC..(Engel, Adam)
May 19, 2020 Filing 44 LETTER addressed to Judge Victor Marrero from Samuel Brown, Esq. dated May 19, 2020 re: Status Letter for Initial Conference. Document filed by 123 Deals from A to Z LLC, Raphael Badouch..(Brown, Samuel)
April 23, 2020 Filing 43 ORDER: Accordingly, it is hereby ORDERED that Plaintiffs BHYS Sales Inc. and PHL Commerce LLC may immediately serve third-party discovery requests on Amazon.com, Inc. regarding the allegedly counterfeit items, plaintiff PHL Commerce LLC's seller's account, and records related to damages. SO ORDERED (Signed by Judge Victor Marrero on 4/23/2020) (js)
April 23, 2020 Filing 42 NOTICE OF INITIAL CONFERENCE: Counsel for all parties are directed to appear before the Honorable Victor Marrero for an initial case management conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on Friday, May 22, 2020 at 1:30 p.m., by teleconference. Counsel are directed to call the following line at the scheduled time: 888-363- 4749, access code 8392198. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Principal trial counsel must appear at this and all subsequent conferences. So Ordered. (Initial Conference set for 5/22/2020 at 01:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 4/23/2020) (js)
March 20, 2020 Filing 41 ENDORSED LETTER addressed to Judge Victor Marrero from Adam E. Engel dated 3/19/2020 re: The Plaintiffs therefore request that the Court calendar an Initial Conference so that this matter can move forward and so that they can begin the discovery process, including Rule 16 conferences with the Defendants who have been served.. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 3/20/2020) (js)
March 19, 2020 Filing 40 AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by SUE ZOUKY (SEC'Y STATE). Document filed by PHL Commerce LLC, BHYS Sales Inc...(Engel, Adam)
February 7, 2020 Filing 39 ELECTRONIC SUMMONS ISSUED as to MAS Management, Inc...(pc) (Main Document 39 replaced on 2/7/2020) (pc).
February 7, 2020 Filing 38 ELECTRONIC SUMMONS ISSUED as to Bergen Wholesalers LLC..(pc)
February 6, 2020 Filing 37 REQUEST FOR ISSUANCE OF SUMMONS as to MAS Management, Inc., re: #35 Answer to Complaint,, Third Party Complaint,, Crossclaim,. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel)
February 6, 2020 Filing 36 REQUEST FOR ISSUANCE OF SUMMONS as to Bergen Wholesalers LLC, re: #35 Answer to Complaint,, Third Party Complaint,, Crossclaim,. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel)
February 6, 2020 Filing 35 ANSWER to #1 Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against MAS Management, Inc., Bergen Wholesalers LLC., CROSSCLAIM against P & R Packaging and Refurbishing Corporation, Edward Palomo, R1 International, LLC, Juan Royal. Document filed by 123 Deals from A to Z LLC, Raphael Badouch..(Brown, Samuel)
February 5, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samuel Z. Brown to RE-FILE Document No. #32 Answer to Third Party Complaint, Crossclaim. 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 reflect Crossclaim caption. 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)
February 5, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Samuel Z. Brown to RE-FILE Document No. #33 Request for Issuance of Summons, #34 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; Caption must match pleading (Defendant and Third-party Plaintiff is 123 Deals from A to Z LLC only). 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)
February 4, 2020 Filing 34 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to MAS Management, Inc., re: #32 Answer to Third Party Complaint, Crossclaim. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel) Modified on 2/5/2020 (sj).
February 4, 2020 Filing 33 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Bergen Wholesalers LLC, re: #32 Answer to Third Party Complaint, Crossclaim. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel) Modified on 2/5/2020 (sj).
February 4, 2020 Filing 32 FILING ERROR - DEFICIENT PLEADING - PDF ERROR ANSWER to #29 Answer to Complaint,, Third Party Complaint, with JURY DEMAND. THIRD PARTY COMPLAINT against MAS Management, Inc., Bergen Wholesalers LLC., CROSSCLAIM against P & R Packaging and Refurbishing Corporation, Edward Palomo, R1 International, LLC, Juan Royal. Document filed by 123 Deals from A to Z LLC, Raphael Badouch..(Brown, Samuel) Modified on 2/5/2020 (sj).
February 4, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samuel Z. Brown to RE-FILE Document No. #29 Answer to Complaint,, Third Party Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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. (pc)
February 4, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Samuel Z. Brown to RE-FILE Document No. #30 Request for Issuance of Summons, #31 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. 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. (pc)
February 3, 2020 Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to MAS Management Inc., re: #29 Answer to Complaint, Third Party Complaint. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel)
February 3, 2020 Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Bergen Wholesalers LLC, re: #29 Answer to Complaint, Third Party Complaint. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel)
February 3, 2020 Filing 29 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -ANSWER to #1 Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against BHYS Sales Inc., P & R Packaging and Refurbishing Corporation. Document filed by 123 Deals from A to Z LLC, Raphael Badouch..(Brown, Samuel) Modified on 2/4/2020 (pc).
February 3, 2020 Filing 28 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 123 Deals from A to Z LLC..(Brown, Samuel)
January 28, 2020 Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. R1 International, LLC served on 1/21/2020, answer due 2/11/2020. Service was accepted by SUE ZOUKY (SEC'Y STATE CLERK). Document filed by PHL Commerce LLC; BHYS Sales Inc.. (Engel, Adam)
January 24, 2020 Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by 123 Deals from A to Z LLC, Raphael Badouch. (Brown, Samuel)
January 24, 2020 Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by 123 Deals from A to Z LLC, Raphael Badouch. (Brown, Samuel)
January 24, 2020 Filing 24 NOTICE OF APPEARANCE by Samuel Z. Brown on behalf of 123 Deals from A to Z LLC, Raphael Badouch. (Brown, Samuel)
January 14, 2020 Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. Edward Palomo served on 1/8/2020, answer due 1/29/2020. Service was accepted by EDUARDO QUIENTEROS. Document filed by PHL Commerce LLC; BHYS Sales Inc.. (Engel, Adam)
January 14, 2020 Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. P & R Packaging and Refurbishing Corporation served on 1/8/2020, answer due 1/29/2020. Service was accepted by EDUARDO QUIENTEROS. Document filed by PHL Commerce LLC; BHYS Sales Inc.. (Engel, Adam)
January 14, 2020 Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. Raphael Badouch served on 1/3/2020, answer due 1/24/2020. Service was accepted by RAPHAEL BADOUCH. Document filed by PHL Commerce LLC; BHYS Sales Inc.. (Engel, Adam)
January 14, 2020 Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. 123 Deals from A to Z LLC served on 1/3/2020, answer due 1/24/2020. Service was accepted by KARMIT BADOUCH. Document filed by PHL Commerce LLC; BHYS Sales Inc.. (Engel, Adam)
December 18, 2019 Filing 19 ELECTRONIC SUMMONS ISSUED as to Juan Royal. (dnh)
December 17, 2019 Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Juan Royal, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 17, 2019 Filing 17 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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). (dnh)
December 17, 2019 Filing 16 ELECTRONIC SUMMONS ISSUED as to Edward Palomo. (dnh)
December 17, 2019 Filing 15 ELECTRONIC SUMMONS ISSUED as to P & R Packaging and Refurbishing Corporation. (dnh)
December 17, 2019 Filing 14 ELECTRONIC SUMMONS ISSUED as to R1 International, LLC. (dnh)
December 17, 2019 Filing 13 ELECTRONIC SUMMONS ISSUED as to Raphael Badouch. (dnh)
December 17, 2019 Filing 12 ELECTRONIC SUMMONS ISSUED as to 123 Deals from A to Z LLC. (dnh)
December 17, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Adam E. Engel to RE-FILE Document No. #9 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 defendant name listed on the summons pdf must correspond with the defendant name listed in the as to docket entry. 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)
December 16, 2019 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Edward Palomo, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 16, 2019 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to P&R Packaging and Refurbishing Corporation, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 16, 2019 Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Juan Royal, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam) Modified on 12/17/2019 (dnh).
December 16, 2019 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to R1 International, LLC, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 16, 2019 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Raphael Badouch, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 16, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to 123 Deals From A to Z LLC, re: #1 Complaint,. Document filed by BHYS Sales Inc., PHL Commerce LLC. (Engel, Adam)
December 16, 2019 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PHL Commerce LLC.(Engel, Adam)
December 16, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BHYS Sales Inc..(Engel, Adam)
December 16, 2019 Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Engel, Adam)
December 16, 2019 Filing 2 CIVIL COVER SHEET filed. (Engel, Adam)
December 13, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Adam E. Engel. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
December 13, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adam E. Engel. The party information for the following party/parties has been modified: P&R PACKAGING AND REFURBISHING CORPORATION, EDWARD PALOMO, RAPHAEL BADOUCH, 123 DEALS FROM A TO Z LLC, JUAN ROYAL, R1 INTERNATIONAL, BHYS SALES INC., PHL COMMERCE. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (dnh)
December 13, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (dnh)
December 13, 2019 Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)
December 13, 2019 ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Adam E. Engel 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)
December 13, 2019 Case Designated ECF. (dnh)
December 12, 2019 Filing 1 COMPLAINT against P&R PACKAGING AND REFURBISHING CORPORATION, EDWARD PALOMO, RAPHAEL BADOUCH, 123 DEALS FROM A TO Z LLC, JUAN ROYAL, R1 INTERNATIONAL. (Filing Fee $ 400.00, Receipt Number ANYSDC-18272176)Document filed by BHYS SALES INC., PHL COMMERCE.(Engel, Adam)

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Search for this case: BHYS Sales Inc. et al v. P & R Packaging and Refurbishing Corporation
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Defendant: RAPHAEL BADOUCH
Represented By: Samuel Z. Brown
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Defendant: 123 DEALS FROM A TO Z LLC
Represented By: Samuel Z. Brown
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Defendant: JUAN ROYAL
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Defendant: EDWARD PALOMO
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Defendant: P&R PACKAGING AND REFURBISHING CORPORATION
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Defendant: R1 INTERNATIONAL
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Defendant: P & R Packaging and Refurbishing Corporation
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Defendant: R1 International, LLC
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Plaintiff: BHYS SALES INC.
Represented By: Adam E. Engel
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Plaintiff: PHL COMMERCE
Represented By: Adam E. Engel
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Plaintiff: PHL Commerce LLC
Represented By: Adam E. Engel
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3rd party defendant: Bergen Wholesalers LLC
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3rd party defendant: MAS Management, Inc.
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