Sweet 101 LLC v. Becca 161 Lafayette Inc. et al
| Sweet 101 LLC |
| Becca 161 Lafayette Inc., Clifford Steinberg and 161 Lafayette Realty, Inc. |
| 1:2021cv03850 |
| April 30, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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Filing 22
ORDER OF DISCONTINUANCE: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by June 4, 2021. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.l (2d Cir. 2004)., (Motions due by 6/4/2021.) (Signed by Judge Denise L. Cote on 5/4/2021) (nb)
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| Filing 21 LETTER MOTION to Adjourn Conference (Order to Show Cause Hearing set for 5/4/2021) addressed to Judge Denise L. Cote from Richard F. Martinelli dated 5/4/2021. Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. 161 Lafayette Realty, Inc. served on 4/30/2021, answer due 5/21/2021; Becca 161 Lafayette Inc. served on 4/30/2021, answer due 5/21/2021; Clifford Steinberg served on 4/30/2021, answer due 5/21/2021. Service was accepted by Clifford Steinberg. Service was made by First Class Mail. Document filed by Sweet 101 LLC. (Attachments: #1 Affidavit of Service by hand on 161 Lafayette Realty, Inc., #2 Affidavit of Service of Clifford Steinberg, #3 Certificate of Service by mail on all Defendants).(Martinelli, Richard) |
| Filing 19 AFFIDAVIT OF SERVICE of Plaintiff's Order to Show Cause and Preliminary Injunction, Declaration of Gregory Reese in Support with exhibits, Declaration of Briggs M. Wright in Support with exhibits, Memorandum of Law in Support served on Becca 161 Lafayette Inc., 161 Lafayette Realty, Inc., Clifford Steinberg on 4/30/2021. Service was accepted by Clifford Steinberg. Service was made by First Class Mail. Document filed by Sweet 101 LLC. (Attachments: #1 Affidavit of Service by hand on 161 Lafayette Realty, Inc., #2 Affidavit of Service by hand on Clifford Steinberg, #3 Certificate of Service by mail on all Defendants).(Martinelli, Richard) |
| Filing 18 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) |
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Filing 17
ORDER: Due to the ongoing COVID-19 pandemic, the conference scheduled for May 4, 2021 at 3:00 p.m. will be held telephonically. The parties shall use use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749; Access code: 4324948. The parties shall use a landline if one is available. SO ORDERED. ( Telephone Conference set for 5/4/2021 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/30/2021) (va)
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| Filing 16 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Martinelli, Richard) |
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Filing 15
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST DEFENDANTS filed by Sweet 101 LLC. Defendants shall show cause as to why why the Court should not enter an Order, pursuant to F.R.C.P. 65(a) that: 1) Preliminary enjoins Defendants, their officers, agents, subsidiaries, servants, partners, employees, attorneys and all others in active concert or participation with it as further set forth in this Order. On May 4, beginning at 3:00 p.m. Defendants, their officers, agents, subsidiaries, servants, partners, employees, attorneys and all others in active concert or participation with it, be temporarily restrained, pursuant from engaging in any of the acts and/or conduct described in Paragraph 1(i)-(v) of this Order. It is further Ordered that pursuant to this Court's equitable powers and discretion, Sweet 101 must post a bon by May 5, 2021 of $1,000.00. Ordered that Sweet 101 and/or its authorized representative(s) must serve a copy of this Order, together with Sweet 101's Memorandum of Law and accompanying declarations in Support of Sweet 101's Motion, on Defendants and/or Defendants' registered agent via personal service and or First Class Mail at 475 Westchester St., Long Beach, NY 11561 on or before May 1, 2021 at noon. Show Cause Hearing set for 5/4/2021 at 03:00 PM before Judge Denise L. Cote. Show Cause Response due by 5/4/2021. (Signed by Judge Denise L. Cote on 4/30/2021) (tro) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 14 NOTICE OF APPEARANCE by Briggs Wright on behalf of Sweet 101 LLC..(Wright, Briggs) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to 161 Lafayette Realty, Inc...(pc) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Becca 161 Lafayette Inc...(pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Clifford Steinberg..(pc) |
| Filing 10 DECLARATION of Briggs M. Wright in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Sweet 101 LLC. (Attachments: #1 Exhibit 1).(Martinelli, Richard) |
| Filing 9 DECLARATION of Gregory Reese in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Sweet 101 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Martinelli, Richard) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Sweet 101 LLC..(Martinelli, Richard) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Clifford Steinberg, re: #1 Complaint. Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to 161 Lafayette Realty, Inc., re: #1 Complaint. Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Becca 161 Lafayette Inc., re: #1 Complaint. Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| Filing 2 CIVIL COVER SHEET filed..(Martinelli, Richard) |
| Filing 1 COMPLAINT against 161 Lafayette Realty, Inc., Becca 161 Lafayette Inc., Clifford Steinberg. (Filing Fee $ 402.00, Receipt Number ANYSDC-24476853)Document filed by Sweet 101 LLC..(Martinelli, Richard) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Richard F Martinelli 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (pc) |
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