Alpha Industries, Inc. v. Alpha Clothing Co. LLC et al
| Alpha Industries, Inc. |
| Alpha Clothing Co. LLC, Mr. Mueller Tanner Ryan and Ryan Tanner Mueller |
| 1:2021cv00087 |
| January 5, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alpha Clothing Co. LLC..(Rea, Jeffrey)
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Filing 20
MOTION to Transfer Case . Document filed by Alpha Clothing Co. LLC. (Attachments: #1 Supplement Memorandum of Law in Support of Motion, #2 Exhibit Exhibit 1 to MOL, #3 Affidavit Declaration of Ryan Mueller in Support of Motion, #4 Text of Proposed Order Proposed Order).(Rea, Jeffrey)
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Filing 19
CLERK'S CERTIFICATE OF DEFAULT as to Alpha Clothing Co. LLC and Ryan Tanner Mueller.(km)
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Filing 18
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alpha Industries, Inc...(MacMull, Joel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/26/2021 (km).
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Filing 17
DECLARATION of Joel G. MacMull in Support re: #16 Proposed Clerk's Certificate of Default. Document filed by Alpha Industries, Inc.. (Attachments: #1 Request for Default).(MacMull, Joel)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alpha Industries, Inc.(MacMull, Joel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/25/2021 (dt).
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alpha Industries, Inc. (Attachments: #1 Affidavit of Joel MacMull in Support, #2 Text of Proposed Order).(MacMull, Joel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/25/2021 (dt).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joel MacMull to RE-FILE Document #15 Proposed Clerk's Certificate of Default. ERROR(S): Documents have to be filed separately. File the Clerk's Certificate of Default, then separately file the Declaration with the request as an attachment using the event type Declaration in Support of a Non-Motion found under the event list Other Answers. (dt)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Joel MacMull. RE-FILE Document No. #16 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong name(s) for the party(ies) who was/were served (Defendant's Name); Name of the Person that was personally served, cross out personally and add through waiver of service, by e-mail to Attorney's name. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (dt)
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Filing 14
MEMO ENDORSEMENT re: #13 Letter filed by Alpha Industries, Inc. ENDORSEMENT: The Court is in receipt of Defendant's January 22, 2021 letter regarding its waiver of service filed on January 21, 2021 (Dkt. #11-12), as well as Plaintiff's January 25, 2021 response (Dkt. #13). The Court agrees with Plaintiff's understanding of the requirements of Rule 4(d) of the Federal Rules of Civil Procedure. Moreover, the Court understands the correspondence enclosed in Plaintiff's January 20, 2021 letter to represent an agreement by Defendant's counsel to accept service, as distinguished from a waiver of service. (Dkt. #9-1). However, on this record, the Court will allow Defendant to respond to the Complaint on or before February 22, 2021. Additionally, the Court observes that Defendant's counsel has not yet filed a Notice of Appearance, and advises that they do so., Alpha Clothing Co. LLC answer due 2/22/2021; Ryan Tanner Mueller answer due 2/22/2021. (Signed by Judge Katherine Polk Failla on 1/25/2021) (nb)
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Filing 13
LETTER addressed to Judge Katherine Polk Failla from Joel G. MacMull dated January 25, 2021 re: Defendants' Time to Respond to the Complaint. Document filed by Alpha Industries, Inc.. (Attachments: #1 Exhibit 1).(MacMull, Joel)
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Filing 12
LETTER addressed to Judge Katherine Polk Failla from Jeffrey J. Rea dated January 22, 2021 re: waiver of service of summons. Document filed by Alpha Clothing Co. LLC. (Attachments: #1 Exhibit Civil Docket Sheet).(Rea, Jeffrey)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Alpha Clothing Co. LLC..(Rea, Jeffrey)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on April 1, 2021, at 11:00 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533, and as further set forth in this Order. So ordered. (Initial Conference set for 4/1/2021 at 11:00 AM before Judge Katherine Polk Failla). (Signed by Judge Katherine Polk Failla on 1/20/2021) (rjm)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. Alpha Clothing Co. LLC served on 1/13/2021, answer due 2/3/2021; Ryan Tanner Mueller served on 1/13/2021, answer due 2/3/2021. Service was accepted by Mit Winter, Counsel to Defendants. Document filed by Alpha Industries, Inc.. (Attachments: #1 Exhibit 1).(MacMull, Joel)
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Filing 8
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)..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joel Geoffrey MacMull to RE-FILE Document No. #7 Request for Issuance of Summons, #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney. 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)
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Filing 7
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Ryan "Tanner" Mueller, re: #1 Complaint. Document filed by Alpha Industries, Inc...(MacMull, Joel) Modified on 1/15/2021 (sj).
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Filing 6
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Alpha Clothing Co. LLC, re: #1 Complaint. Document filed by Alpha Industries, Inc..(MacMull, Joel) Modified on 1/15/2021 (sj).
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alpha Industries, Inc...(MacMull, Joel)
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(MacMull, Joel)
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Filing 3
CIVIL COVER SHEET filed..(MacMull, Joel)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joel Geoffrey MacMull to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joel Geoffrey MacMull. 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 XX Out of State. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joel Geoffrey MacMull. The party information for the following party/parties has been modified: Alpha Clothing Co. LLC, Mueller Tanner Ryan, Alpha Industries, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (dnh)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Joel Geoffrey MacMull 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)
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Case Designated ECF. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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Magistrate Judge Debra C. Freeman 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)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(MacMull, Joel) Modified on 1/6/2021 (dnh).
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Filing 1
COMPLAINT against Alpha Clothing Co. LLC, Mueller Tanner Ryan. (Filing Fee $ 402.00, Receipt Number ANYSDC-23364555)Document filed by Alpha Industries, Inc...(MacMull, Joel)
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