ABG Collective LLC v. New Balance Athletics, Inc.
| ABG Collective LLC |
| New Balance Athletics, Inc. |
| 1:2020cv08931 |
| October 26, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against New Balance Athletics, Inc. with JURY DEMAND.Document filed by ABG Collective LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit).(Ferdinand, Edmund) |
| Filing 22 NOTICE OF APPEARANCE by John F. Olsen on behalf of ABG Collective LLC..(Olsen, John) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/20 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 20 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2020 before Judge John G. Koeltl. Court Reporter/Transcriber: Vincent Bologna, (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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021..(McGuirk, Kelly) |
Filing 19
ORDER, The plaintiff shall file an amended complaint by December 18, 2020. The defendant should move or answer by January 5, 2021. If the defendant files a motion to dismiss, the plaintiff's response is due by January 22, 2021, and the defendant's reply is due by February 3, 2021. If the defendant does not file a motion to dismiss, the parties should submit a 26(f) report by January 12, 2021. SO ORDERED. ( Amended Pleadings due by 12/18/2020., Motions due by 1/5/2021., Responses due by 1/22/2021, Replies due by 2/3/2021.) (Signed by Judge John G. Koeltl on 12/3/20) (yv)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Mark S. Puzella to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 12/1/2020) (nb)
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| Filing 17 MOTION for Mark S. Puzella to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Balance Athletics, Inc.. (Attachments: #1 Affidavit of Mark Puzella in Support, #2 Certificate of Good Standing - MA, #3 Text of Proposed Order).(Puzella, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Mark S. Puzella to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 16 LETTER addressed to Judge John G. Koeltl from Edmund J. Ferdinand, III dated November 24, 2020 re: Response to Defendant's Letter of Nov. 20, 2020. Document filed by ABG Collective LLC..(Malbin, Alexander) |
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Filing 15
ORDER granting #11 Motion for Conference. A pre-motion conference will be held on Thursday, December 3, 2020, at 12:30pm. The time to answer or move is stayed pending the pre-motion conference. The parties shall dial in, at 888 363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 11/20/2020) Telephone Conference set for 12/3/2020 at 12:30 PM before Judge John G. Koeltl. (ks)
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| Filing 14 NOTICE OF APPEARANCE by R. David Hosp on behalf of New Balance Athletics, Inc...(Hosp, R.) |
| Filing 13 FILING ERROR - DEFICIENT DOCKETENTRY - MOTION for Mark S. Puzella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22683162. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Balance Athletics, Inc.. (Attachments: #1 Affidavit of Mark Puzella in Support, #2 Certificate of Good Standing - MA, #3 Text of Proposed Order).(Puzella, Mark) Modified on 11/20/2020 (vba). |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent New Balance, Inc. for New Balance Athletics, Inc.. Document filed by New Balance Athletics, Inc...(Brenckman, Elizabeth) |
| Filing 11 LETTER MOTION for Conference re: anticipated Motion to Dismiss addressed to Judge John G. Koeltl from Elizabeth E. Brenckman dated 11/20/2020. Document filed by New Balance Athletics, Inc...(Brenckman, Elizabeth) |
| Filing 10 NOTICE OF APPEARANCE by Elizabeth Eilleene Brenckman on behalf of New Balance Athletics, Inc...(Brenckman, Elizabeth) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Mark S. Puzella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22683162. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
| Filing 9 NOTICE OF APPEARANCE by Alexander Rudolf Malbin on behalf of ABG Collective LLC..(Malbin, Alexander) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. New Balance Athletics, Inc. served on 11/2/2020, answer due 11/23/2020. Service was accepted by Jeff Perkins, Mail Room Manager, authorized to accept service by Paul Gauron, Registered Agent and Corporate Secretary. Document filed by ABG Collective LLC..(Malbin, Alexander) |
| Filing 7 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 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Ferdinand, Edmund) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to New Balance Athletics, Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edmund John Ferdinand, III. The party information for the following party/parties has been modified: ABG Collective LLC; New Balance Athletics, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edmund John Ferdinand, III. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44; Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the Jury Demand code has been modified to p (Plaintiff);. (jgo) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Edmund John Ferdinand, III 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABG Collective LLC..(Ferdinand, Edmund) |
| Filing 3 CIVIL COVER SHEET filed..(Ferdinand, Edmund) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New Balance Athletics, Inc., re: #1 Complaint. Document filed by ABG Collective LLC..(Ferdinand, Edmund) |
| Filing 1 COMPLAINT against New Balance Athletics, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22307532)Document filed by ABG Collective LLC. (Attachments: #1 Exhibit).(Ferdinand, Edmund) |
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