Zhang, M.D. et al v. Merhi, M.D. et al
Plaintiff: NHFC, Inc., John Zhang, M.D., New Hope Fertility Long Island PLLC and Zhang Medical P.C.
Defendant: Ozone Sauna LLC, Merhi Medicine PLLC, Fertility Center, Zaher Merhi, M.D., John Does 1-10 and Zaher Merhi, M.D. individually doing business as Rejuvenating Fertility Center and or REJUVENATING FERTILITY NY PLLC
Case Number: 1:2020cv09570
Filed: November 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2021 Filing 20 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 1/6/2021 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).(dt)
January 6, 2021 Filing 19 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, without prejudice and without costs against the defendant(s) John Does 1-10, Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC. Document filed by John Zhang, M.D., New Hope Fertility Long Island PLLC, NHFC, Inc., Zhang Medical P.C.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Flynn, James)
January 6, 2021 Opinion or Order The dial-in for today's 11:30 a.m. teleconference is 888-363-4749, access code: 2712517. (HEREBY ORDERED by Judge Naomi Reice Buchwald) (Text Only Order) (Giunta, Brian)
December 22, 2020 Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Ross E. Pitcoff dated 12/22/2020 re: #15 FIRST LETTER MOTION for Conference pre-motion conference to dismiss addressed to Judge Naomi Reice Buchwald from Ross E. Pitcoff dated December 11th, 2020. . Document filed by Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC..(Pitcoff, Ross)
December 16, 2020 Filing 17 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from James P. Flynn dated December 16, 2020 re: #15 FIRST LETTER MOTION for Conference pre-motion conference to dismiss addressed to Judge Naomi Reice Buchwald from Ross E. Pitcoff dated December 11th, 2020. . Document filed by NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D.. (Attachments: #1 Exhibit 1).(Flynn, James)
December 16, 2020 Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint, against Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC.Document filed by John Zhang, M.D., New Hope Fertility Long Island PLLC, NHFC, Inc., Zhang Medical P.C.. Related document: #1 Complaint,..(Flynn, James)
December 11, 2020 Filing 15 FIRST LETTER MOTION for Conference pre-motion conference to dismiss addressed to Judge Naomi Reice Buchwald from Ross E. Pitcoff dated December 11th, 2020. Document filed by Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC. (Attachments: #1 Exhibit New Hope Long Island Equity Agreement, #2 Exhibit Ozone Sauna LLC - Commission Agreement).(Pitcoff, Ross)
December 11, 2020 Filing 14 NOTICE OF APPEARANCE by Ross Evan Pitcoff on behalf of Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC..(Pitcoff, Ross)
December 4, 2020 Filing 13 CERTIFICATE OF SERVICE of Summons and Complaint,. Service was accepted by Ross E. Pitcoff. Service was made by via email. Document filed by John Zhang, M.D., New Hope Fertility Long Island PLLC, NHFC, Inc., Zhang Medical P.C...(Clark, David)
November 18, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to Ozone Sauna LLC..(dnh)
November 18, 2020 Filing 11 ELECTRONIC SUMMONS ISSUED as to Merhi Medicine PLLC..(dnh)
November 18, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED as to Zaher Merhi, M.D...(dnh)
November 17, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Ozone Sauna LLC, re: #1 Complaint,. Document filed by NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D...(Flynn, James)
November 17, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Merhi Medicine PLLC, re: #1 Complaint,. Document filed by NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D...(Flynn, James)
November 17, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Zaher Merhi, M.D., re: #1 Complaint,. Document filed by NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D...(Flynn, James)
November 17, 2020 Filing 6 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)..(dnh)
November 16, 2020 Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review..(Flynn, James)
November 16, 2020 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney James Patrick Flynn. The following party/parties has been removed from this case: Fertility Center. The party was added to the case in error. (pc)
November 16, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Patrick Flynn. The party information for the following party/parties has been modified: Zaher Merhi, M.D.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc)
November 16, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Patrick Flynn. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc)
November 16, 2020 ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney James Patrick Flynn 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. (pc)
November 16, 2020 Magistrate Judge Sarah Netburn 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. (pc)
November 16, 2020 Case Designated ECF. (pc)
November 16, 2020 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 #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..(pc)
November 13, 2020 Filing 4 NOTICE OF APPEARANCE by David John Clark on behalf of NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D...(Clark, David)
November 13, 2020 Filing 3 NOTICE OF APPEARANCE by Allen Baron Roberts on behalf of NHFC, Inc., New Hope Fertility Long Island PLLC, Zhang Medical P.C., John Zhang, M.D...(Roberts, Allen)
November 13, 2020 Filing 2 CIVIL COVER SHEET filed..(Flynn, James)
November 13, 2020 Filing 1 COMPLAINT against Fertility Center, Merhi Medicine PLLC, Zaher Merhi, M.D., Ozone Sauna LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22574400)Document filed by NHFC, Inc., Zhang Medical P.C., New Hope Fertility Long Island PLLC, John Zhang, M.D...(Flynn, James)

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Plaintiff: NHFC, Inc.
Represented By: David John Clark
Represented By: Allen Baron Roberts
Represented By: James Patrick Flynn
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Plaintiff: John Zhang, M.D.
Represented By: David John Clark
Represented By: Allen Baron Roberts
Represented By: James Patrick Flynn
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Plaintiff: New Hope Fertility Long Island PLLC
Represented By: David John Clark
Represented By: Allen Baron Roberts
Represented By: James Patrick Flynn
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Plaintiff: Zhang Medical P.C.
Represented By: David John Clark
Represented By: Allen Baron Roberts
Represented By: James Patrick Flynn
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Defendant: Ozone Sauna LLC
Represented By: Ross Evan Pitcoff
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Defendant: Merhi Medicine PLLC
Represented By: Ross Evan Pitcoff
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Defendant: Fertility Center
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Defendant: Zaher Merhi, M.D.
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Defendant: John Does 1-10
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Defendant: Zaher Merhi, M.D. individually doing business as Rejuvenating Fertility Center and or REJUVENATING FERTILITY NY PLLC
Represented By: Ross Evan Pitcoff
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