4 Wallebitda, LLC et al v. Shendell et al
| John Sullivan and 4 Wallebitda, LLC |
| AINSPH, LLC, Ains Nashville, LLC, Paige Hospitality Group, LLC, Ronbon, LLC, AINS Holding Company, LLC, Ains IP Company, LLC, Fondue 26, LLC, Matthew Shendell, Ains KC, LLC and Ainsworth Grille Portal, LLC |
| 1:2020cv05700 |
| July 23, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Trademark |
| 15 U.S.C. § 1125 la |
| Both |
Docket Report
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| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 39 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/29/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020..(McGuirk, Kelly) |
| Filing 38 ANSWER to #28 Complaint, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Ains Nashville, LLC, Paige Hospitality Group, LLC, Ains KC, LLC, Ainsworth Grille Portal, LLC, AINS Holding Company, LLC, AINSPH, LLC, Fondue 26, LLC, Ains IP Company, LLC, Ronbon, LLC..(Keating, Matthew) |
Filing 37
ORDER ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER and PRELIMINARY INJUCTION: The Plaintiffs' motion for a temporary restraining order and preliminary injunction is hereby DENIED, except as otherwise set forth below: Defendants are hereby enjoined from using the trademark and/or name "The Ainsworth" in connection with or at The Ainsworth Social during the pendency of this litigation; Defendant Shendell is hereby enjoined from referring to or holding himself out as the CEO of the Ainsworth during the pendency of this litigation. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/04/2020) (ama)
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| Filing 36 PROPOSED ORDER. Document filed by 4 Wallebitda, LLC, John Sullivan. Related Document Number: #35 ..(Avery, Vincent) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (dt) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 7/30/2020. Attorneys Vincent Avery and Robert Zielinski present for the plaintiff. Attorney Matthew Keating present for the defendants. Court Reporter Rebecca Forman present. (anc) |
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Filing 35
ORDER denying #14 Motion for TRO: IT IS HEREBY ORDERED THAT: 1. For the reasons stated at the hearing, Plaintiffs' motion for a preliminary injunction is DENIED. 2. Plaintiffs must file a proposed order enjoining Mr. Shendell's use of Plaintiffs' trademark at the Ainsworth Social and his reference to himself as the CEO of the Ainsworth by July 31, 2020. If Defendants object to the proposed order, they must file their objections not later than August 3, 2020. 3. Plaintiffs may file an amended complaint by August 7, 2020. 4. Defendants may move against or answer the amended complaint by August 28, 2020. If Defendants move to dismiss the amended complaint, Plaintiffs may respond or file a second amended complaint (but not both) by September 11, 2020. If Plaintiffs oppose Defendants' motion to dismiss, Defendants' reply is due by September 18, 2020. 5. The deadline for fact discovery is October 16, 2020. 6. The deadline for expert discovery is December 1, 2020. 7. A pretrial conference will be held on October 16, 2020 at 2:30 p.m. The parties' are directed to submit a joint letter of no more than five pages by October 8, 2020 addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) the basis for subject matter jurisdiction; (3) whether fact discovery is complete; (4) whether either party seeks expert discovery; (5) whether either party anticipates making a motion for summary judgment; and (6) the prospect for settlement. 8. The Court is happy to refer the parties for a settlement conference before Magistrate Judge Wang at any time upon a joint request. The Clerk of Court is respectfully directed to close the open motion at docket entry 14. (Signed by Judge Valerie E. Caproni on 7/29/2020) (jwh)
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| Filing 34 LETTER addressed to Judge Valerie E. Caproni from Vincent M. Avery dated 7/29/2020 re: notice of appearance for co-counsel. Document filed by 4 Wallebitda, LLC, John Sullivan..(Avery, Vincent) |
| Set/Reset Deadlines: Amended Pleadings due by 9/11/2020. Expert Discovery due by 12/1/2020. Fact Discovery due by 10/16/2020. Motions due by 8/28/2020. Responses due by 9/11/2020. Replies due by 9/18/2020. Set/Reset Hearings: Pretrial Conference set for 10/16/2020 at 02:30 PM before Judge Valerie E. Caproni. (jwh) |
| Filing 33 NOTICE OF APPEARANCE by Matthew John Keating on behalf of AINS Holding Company, LLC, AINSPH, LLC, Ains IP Company, LLC, Ains KC, LLC, Ains Nashville, LLC, Ainsworth Grille Portal, LLC, Fondue 26, LLC, Paige Hospitality Group, LLC, Ronbon, LLC, Matthew Shendell..(Keating, Matthew) |
| Filing 32 FIRST MEMORANDUM OF LAW in Opposition re: #14 EMERGENCY MOTION for Temporary Restraining Order . Memorandum of Law. Document filed by AINS Holding Company, LLC, AINSPH, LLC, Ains IP Company, LLC, Ains KC, LLC, Ains Nashville, LLC, Ainsworth Grille Portal, LLC, Fondue 26, LLC, Paige Hospitality Group, LLC, Ronbon, LLC, Matthew Shendell..(Keating, Matthew) |
| Filing 31 AFFIRMATION of Matthew Shendell in Opposition re: #14 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by AINS Holding Company, LLC, AINSPH, LLC, Ains IP Company, LLC, Ains KC, LLC, Ains Nashville, LLC, Ainsworth Grille Portal, LLC, Fondue 26, LLC, Paige Hospitality Group, LLC, Ronbon, LLC, Matthew Shendell. (Attachments: #1 Exhibit Instagram email restoring defendants' handle, #2 Exhibit Google email restoring defendants account, #3 Exhibit Purported assignment of domain name, #4 Exhibit Sullivan email pressuring Bogart, #5 Exhibit Sullivan's proposed trademark agreement, #6 Exhibit Defendants' response to cease & desist letters).(Keating, Matthew) |
| Filing 30 AFFIDAVIT OF SERVICE of Order to Show Cause for Preliminary Injunction and TRO and Memorandum of Law served on MATTHEW SHENDELL, FONDUE 26, LLC, RONBON, LLC, AINS NASHVILLE, LLC, AINS KC, LLC, AINSPH, LLC, AINSWORTH GRILLE PORTAL, LLC, AINS IP COMPANY, LLC, PAIGE HOSPITALITY GROUP, LLC, and AINS HOLDING COMPANY LLC on 7/24/2020. Service was accepted by left on front door. Document filed by 4 Wallebitda, LLC, John Sullivan..(Avery, Vincent) |
| Filing 29 LETTER addressed to Judge Valerie E. Caproni from Vincent M. Avery dated 7/24/2020 re: service of the order to show cause. Document filed by 4 Wallebitda, LLC, John Sullivan..(Avery, Vincent) |
| Filing 28 COMPLAINT against AINS Holding Company, LLC, AINSPH, LLC, Ains IP Company, LLC, Ains KC, LLC, Ains Nashville, LLC, Ainsworth Grille Portal, LLC, Fondue 26, LLC, Paige Hospitality Group, LLC, Ronbon, LLC, Matthew Shendell. Document filed by John Sullivan, 4 Wallebitda, LLC..(Avery, Vincent) |
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Filing 27
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED that the above named defendant show cause before a motion term of this Court, at a Skype video conference, July 29, 2020 at 4:00 p.m., and as further set forth herein. Plaintiffs must serve a copy of this order and annexed affidavit upon defendants or their counsel by July 24, 2020 at 5:00 p.m. Responsive papers are due by July 28, 2020 at 12:00 p.m. A link to appear by video will be emailed to counsel directly. Members of the public may attend the conference via an audio only line by calling 917-933-2166, using the conference ID 835141162. SO ORDERED. (Show Cause Hearing set for 7/29/2020 at 04:00 PM before Judge Valerie E. Caproni. Show Cause Response due by 7/28/2020.) (Signed by Judge Valerie E. Caproni on 7/23/2020) (anc)
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| Filing 26 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) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to AINS HOLDING COMPANY, LLC..(pne) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Paige Hospitality Group, LLC..(pne) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Ains IP Company, LLC..(pne) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Ainsworth Grille Portal, LLC..(pne) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to AINSPH, LLC..(pne) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Ains KC, LLC..(pne) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Ains Nashville, LLC..(pne) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Ronbon, LLC..(pne) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Fondue 26, LLC..(pne) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Matthew Shendell..(pne) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan. (Attachments: #1 Affidavit Certification of counsel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T).(Avery, Vincent) |
| Filing 14 EMERGENCY MOTION for Temporary Restraining Order . Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan. (Attachments: #1 Affidavit from plaintiff John Sullivan).(Avery, Vincent) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to AINS HOLDING COMPANY, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to PAIGE HOSPITALITY GROUP, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to AINS IP COMPANY, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to AINSWORTH GRILLE PORTAL, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to AINSPH, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to AINS KC, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to AINS NASHVILLE, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to RONBON, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to FONDUE 26, LLC, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MATTHEW SHENDELL, re: #1 Complaint,. Document filed by 4 Wallebitda, LLC t/a The Ainsworth, John Sullivan..(Avery, Vincent) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Avery, Vincent) |
| Filing 2 CIVIL COVER SHEET filed..(Avery, Vincent) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-20812887)Document filed by John Sullivan, 4 Wallebitda, LLC t/a The Ainsworth. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H).(Avery, Vincent) Modified on 7/23/2020 (pne). |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Vincent Mantella Avery. The party information for the following party/parties has been modified: AINS Holding Company, LLC, 4 Wallebitda, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party information was entered incorrectly. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Vincent Mantella Avery to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Ona T. Wang 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) |
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