Daily Harvest, Inc. et al v. Revive Organics, Inc.
| Rachel Drori and Daily Harvest, Inc. |
| Revive Organics, Inc. |
| 1:2020cv03087 |
| April 16, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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| Filing 35 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Revive Organics, Inc.. Document filed by Daily Harvest, Inc., Rachel Drori. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wallach, Margarita) |
| Filing 34 AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 12/21/2020 in a court action 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). (Attachments: #1 Order) (kv) |
Filing 33
ORDER: The Court has been advised that the parties have reached a settlement in principle. ECF No. 32. The above-titled action shall be dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 12/21/2020) (kv)
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| Filing 32 LETTER MOTION to Continue addressed to Judge Analisa Torres from Megan K. Bannigan dated December 18, 2020. Document filed by Revive Organics, Inc...(Bannigan, Megan) |
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Filing 31
ORDER terminating #27 Letter Motion for Extension of Time. The Court has reviewed the parties' letters at ECF Nos. 27-29, and the amended complaint at ECF No. 30. Plaintiffs' request for an extension of time to amend the complaint has been resolved by ECF No. 30. Plaintiff shall seek leave for further amendment. The request to extend discovery is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 27. SO ORDERED. (Signed by Judge Analisa Torres on 11/25/2020) (kv)
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| Filing 30 FIRST AMENDED COMPLAINT amending #1 Complaint,, against Revive Organics, Inc. with JURY DEMAND.Document filed by Daily Harvest, Inc., Rachel Drori. Related document: #1 Complaint,,. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 2, #4 Exhibit 3 (Part 1), #5 Exhibit 3 (Part 2), #6 Exhibit 3 (Part 3), #7 Exhibit 4 (Part 1), #8 Exhibit 4 (Part 2), #9 Exhibit 4 (Part 3), #10 Exhibit 4 (Part 4), #11 Exhibit 4 (Part 5), #12 Exhibit 4 (Part 6), #13 Exhibit 4 (Part 7), #14 Exhibit 5, #15 Exhibit 6 (Part 1), #16 Exhibit 6 (Part 2), #17 Exhibit 6 (Part 3), #18 Exhibit 6 (Part 4), #19 Exhibit 6 (Part 5), #20 Exhibit 7 (Part 1), #21 Exhibit 7 (Part 2), #22 Exhibit 8, #23 Exhibit 9, #24 Exhibit 10).(Wallach, Margarita) |
| Filing 29 LETTER addressed to Judge Analisa Torres from Margarita Wallach dated November 17, 2020 re: Reply in further support of Plaintiffs' Letter Motion for Extension of Time and in response to Defendant's letter in opposition to that request. See Dkt Nos. 27 and 28. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
| Filing 28 LETTER addressed to Judge Analisa Torres from Megan K. Bannigan and David H. Bernstein dated November 13, 2020 re: Opposition to Plaintiffs' Letter Motion for Extension of Time. Document filed by Revive Organics, Inc...(Bannigan, Megan) |
| Filing 27 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Margarita Wallach dated November 12, 2020. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to Amend. GRANTED. The aforementioned deadlines shall be EXTENDED by 60 days. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
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| Set/Reset Deadlines: Amended Pleadings due by 11/20/2020. Deposition due by 2/7/2021. Expert Discovery due by 4/23/2021. Fact Discovery due by 2/7/2021. (kv) |
| Filing 25 LETTER MOTION for Extension of Time to Amend #24 Case Management Plan,, addressed to Judge Analisa Torres from Margarita Wallach dated September 4, 2020. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 business days. Deposition due by 12/9/2020. Fact Discovery due by 12/9/2020. Expert Discovery due by 2/22/2021. Case Management Conference set for 1/4/2021 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/11/2020) (kv)
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| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 8/11/2020. (ah) |
| Filing 23 COUNTER LETTER addressed to Judge Analisa Torres from Margarita Wallach dated August 10, 2020 re: Plaintiffs' Objection to Defendant's "Purported Supplement" filed on July 30, 2020. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
| Filing 22 SUPPLEMENTAL LETTER addressed to Judge Analisa Torres from Megan K. Bannigan dated August 7, 2020 re: Supplement to Joint Letter. Document filed by Revive Organics, Inc.. (Attachments: #1 Exhibit A - Expert Report of Matthew G. Ezell).(Bannigan, Megan) |
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Filing 21
ORDER: It is ORDERED that the initial pretrial conference scheduled for August 6, 2020 is ADJOURNED to August 11, 2020, at 10:40 a.m. The conference will proceed telephonically. The parties are directed to call (888) 398-2342 or (215) 861-0674, followed by access code 5598827. SO ORDERED. Initial Conference set for 8/11/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/3/2020) (kv)
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| Filing 20 JOINT LETTER addressed to Judge Analisa Torres from Margarita Wallach dated July 30, 2020 re: Case Status, Civil Case Management Plan and Scheduling Order. Document filed by Daily Harvest, Inc., Rachel Drori. (Attachments: #1 Case Management Plan and Proposed Scheduling Order).(Wallach, Margarita) |
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Filing 19
ORDER granting in part and denying in part #18 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. Plaintiffs' deadline to amend the complaint is extended to September 21, 2020. By October 21, 2020, Defendant shall answer or otherwise respond to the complaint. The initial pretrial conference scheduled for August 6, 2020 is not adjourned. Further adjournments of the conference will be granted only for good cause. SO ORDERED. (Signed by Judge Analisa Torres on 7/17/2020) (ama)
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| Set/Reset Deadlines: Amended Pleadings due by 9/21/2020. (ama) |
| Filing 18 LETTER MOTION to Adjourn Conference / Letter Requesting Adjournment of Initial Pretrial Conference and for the Court to Order Proposed Schedule addressed to Judge Analisa Torres from Megan K. Bannigan dated July 17, 2020. Document filed by Revive Organics, Inc...(Bannigan, Megan) |
| Filing 17 JOINT LETTER addressed to Judge Analisa Torres from Margarita Wallach dated June 11, 2020 re: to advise the Court that the parties have conferred and do not consent to conduct all further proceedings in this action before the assigned Magistrate Judge. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
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Filing 16
ORDER granting #15 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from David H. Bernstein dated June 3, 2020. Document filed by Revive Organics, Inc. GRANTED. The initial pretrial conference scheduled for June 24, 2020 is ADJOURNED to August 6, 2020, at 11:20 a.m. It will be conducted telephonically. By July 30, 2020, the parties shall submit their joint letter and proposed case management plan. The patties are directed to call (888) 398-2342 or (215) 861-0674, and enter access code 5598827. SO ORDERED. (Initial Conference set for 8/6/2020 at 11:20 AM before Judge Analisa Torres). (Signed by Judge Analisa Torres on 6/4/2020) (rjm)
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| Filing 15 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from David H. Bernstein dated June 3, 2020. Document filed by Revive Organics, Inc...(Bernstein, David) |
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Filing 14
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on June 24, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (And as further set forth herein.) SO ORDERED. Initial Conference set for 6/24/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/7/2020) (jca)
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Filing 13
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 5/7/2020) (cf)
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Filing 12
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 5/7/2020) (cf)
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| Filing 11 NOTICE OF APPEARANCE by David H. Bernstein on behalf of Revive Organics, Inc...(Bernstein, David) |
| Filing 10 NOTICE OF APPEARANCE by Megan Kathleen Bannigan on behalf of Revive Organics, Inc...(Bannigan, Megan) |
| Filing 9 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)..(jgo) |
| Filing 8 NOTICE OF APPEARANCE by Irene Mary Hurtado on behalf of Daily Harvest, Inc., Rachel Drori..(Hurtado, Irene) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Revive Organics, Inc. waiver sent on 4/22/2020, answer due 7/21/2020. Document filed by Daily Harvest, Inc.; Rachel Drori..(Wallach, Margarita) |
| Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Wallach, Margarita) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Revive Organics, Inc...(pne) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Revive Organics, Inc., re: #1 Complaint,,. Document filed by Daily Harvest, Inc., Rachel Drori..(Wallach, Margarita) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daily Harvest, Inc...(Wallach, Margarita) |
| Filing 2 CIVIL COVER SHEET filed..(Wallach, Margarita) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pne) |
| Case Designated ECF. (pne) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Margarita Wallach 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. (pne) |
| Filing 1 COMPLAINT against Revive Organics, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19475961)Document filed by Daily Harvest, Inc., Rachel Drori. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 2, #4 Exhibit 3 (Part 1), #5 Exhibit 3 (Part 2), #6 Exhibit 3 (Part 3), #7 Exhibit 3 (Part 4), #8 Exhibit 3 (Part 5), #9 Exhibit 3 (Part 6), #10 Exhibit 3 (Part 7), #11 Exhibit 4, #12 Exhibit 5 (Part 1), #13 Exhibit 5 (Part 2), #14 Exhibit 5 (Part 3), #15 Exhibit 5 (Part 4), #16 Exhibit 5 (Part 5), #17 Exhibit 6 (Part 1), #18 Exhibit 6 (Part 2), #19 Exhibit 7).(Wallach, Margarita) |
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