One Step Up, Ltd. v. Empire Apparel LLC et al
Empire Apparel LLC, Assaf Cohen and Stephanie Goldman |
One Step Up, Ltd. |
1:2021cv05392 |
June 18, 2021 |
US District Court for the Southern District of New York |
Paul A Crotty |
Robert W Lehrburger |
Alison J Nathan |
Trademark |
15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
Plaintiff |
Docket Report
This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 66 LETTER MOTION for Extension of Time to Complete Discovery (Fact Discovery) addressed to Magistrate Judge Robert W. Lehrburger from Yvette Sutton dated August 21,2023. Document filed by One Step Up, Ltd.. (Attachments: #1 Proposed Order Extending Discovery).(Sutton, Yvette) |
Set/Reset Deadlines: Fact Discovery due by 12/4/2023. (mml) |
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Filing 64 LETTER MOTION for Extension of Time to Complete Depositions addressed to Magistrate Judge Robert W. Lehrburger from Yvette Sutton dated August 3, 2023. Document filed by One Step Up, Ltd...(Sutton, Yvette) |
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Filing 62 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Simon dated June 2, 2023. Document filed by Assaf Cohen, Empire Apparel LLC, Stephanie Goldman..(Simon, Scott) |
Set/Reset Deadlines: Expert Discovery due by 12/4/2023. Fact Discovery due by 9/18/2023. (mml) |
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Filing 60 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Simon dated April 20, 2023. Document filed by Assaf Cohen, Empire Apparel LLC, Stephanie Goldman..(Simon, Scott) |
Set/Reset Deadlines: Deposition due by 6/15/2023. Expert Discovery due by 10/2/2023. Fact Discovery due by 7/17/2023. (ate) |
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Filing 58 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Yvette Sutton dated March 8, 2023. Document filed by One Step Up, Ltd.. (Attachments: #1 Text of Proposed Order Extending Discovery).(Sutton, Yvette) |
Set/Reset Deadlines: Expert Discovery due by 9/1/2023. Fact Discovery due by 6/15/2023. (tg) |
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Filing 56 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Yvette Sutton dated January 6, 2023. Document filed by One Step Up, Ltd.. (Attachments: #1 Text of Proposed Order Extending Discovery).(Sutton, Yvette) |
Set/Reset Deadlines: Expert Discovery due by 6/16/2023. Fact Discovery due by 3/15/2023. (tg) |
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Filing 54 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Yvette J Sutton dated October 13, 2022. Document filed by One Step Up, Ltd.. (Attachments: #1 Text of Proposed Order Extending Discovery).(Sutton, Yvette) |
Set/Reset Deadlines: Expert Discovery due by 5/17/2023. Fact Discovery due by 2/15/2023. (mml) |
Filing 53 ANSWER to #52 Counterclaim. Document filed by One Step Up, Ltd...(Sutton, Yvette) |
Filing 52 ANSWER to #42 Amended Complaint,., COUNTERCLAIM against One Step Up, Ltd.. Document filed by Empire Apparel LLC..(Flanagan, Sean) |
Filing 51 ANSWER to #42 Amended Complaint,. Document filed by Stephanie Goldman..(Flanagan, Sean) |
Filing 50 ANSWER to #42 Amended Complaint,. Document filed by Assaf Cohen..(Flanagan, Sean) |
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Filing 45 LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Yvette J. Sutton dated July 1, 2022., LETTER MOTION for Discovery approve ESI stipulation addressed to Magistrate Judge Robert W. Lehrburger from Yvette J. Sutton dated July 1, 2022. Document filed by One Step Up, Ltd.. (Attachments: #1 Text of Proposed Order ESI Stipulation, #2 Text of Proposed Order Discovery Extension).(Sutton, Yvette) |
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Filing 43 FIRST LETTER MOTION for Extension of Time Answer addressed to Judge Paul A. Crotty from Sean R. Flanagan dated April 28, 2022. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Set/Reset Deadlines: Responses due by 5/23/2022 (ama) |
Filing 42 FIRST AMENDED COMPLAINT amending #1 Complaint, against Assaf Cohen, Empire Apparel LLC, Stephanie Goldman with JURY DEMAND.Document filed by One Step Up, Ltd.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A- TM Registration, #2 Exhibit B- Bushwich Supply TSDR, #3 Exhibit C- Bushwick Supply Office Action, #4 Exhibit D- Linkedin, #5 Exhibit E- Sample Garments, #6 Exhibit F- RN Database, #7 Exhibit G- Purchase Orders).(Lazarus, Harlan) |
Filing 41 REPORT AND RECOMMENDATION TO HON. PAUL A. CROTTY: MOTIONS TO AMEND re: #27 MOTION to Amend/Correct the Complaint, MOTION to Add Party(ies) Stephanie Goldman filed by One Step Up, Ltd., #26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support filed by Empire Apparel LLC, Assaf Cohen, #25 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint filed by Empire Apparel LLC, Assaf Cohen. For the foregoing reasons, I recommend that the Court GRANT Plaintiffs motion to amend the complaint and DENY Defendants motion to amend their answer to assert third-party claims. Objections to R&R due by 4/27/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 4/13/2022) (mml) |
NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Alison J. Nathan is no longer assigned to the case. (vba) |
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Filing 39 LETTER MOTION to Continue Pretrial Schedule addressed to Magistrate Judge Robert W. Lehrburger from Yvette J. Sutton dated March 29, 2022. Document filed by One Step Up, Ltd.. (Attachments: #1 Text of Proposed Order).(Sutton, Yvette) |
Filing 38 DECLARATION of Abraham Sultan in Support re: #26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support., #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman .. Document filed by One Step Up, Ltd.. (Attachments: #1 Exhibit 1- screenshots from putty system, #2 Exhibit 2- email, #3 Exhibit 2- NYS Court Complaint).(Sutton, Yvette) |
Filing 37 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman ., #26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support. . Document filed by One Step Up, Ltd...(Sutton, Yvette) |
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Filing 34 DECLARATION of Stephanie Goldman in Opposition re: #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman .. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Filing 33 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint . and in Opposition re: #27 to Plaintiff's Motion to Amend Answer. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
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Set/Reset Deadlines: Responses due by 3/2/2022 Replies due by 3/16/2022. (vfr) |
Filing 31 FIRST LETTER MOTION for Extension of Time for parties to respond to motions to amend [Dkt. Nos. 25 and 27] and adjournment of return dates to March 16, 2022 addressed to Judge Alison J. Nathan from Sean R. Flanagan dated February 17, 2022. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Filing 30 DECLARATION of Harlan M. Lazarus, Esq in Opposition re: #26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support., #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman .. Document filed by One Step Up, Ltd.. (Attachments: #1 Exhibit 1- Email correspondence, #2 Exhibit 2- trademark filing, #3 Exhibit 3- Invoice, #4 Exhibit 4- OSU Check, #5 Exhibit 5- Proposed Amended Complaint with Exhibits, #6 Exhibit 6- Redlined comparison).(Lazarus, Harlan) |
Filing 29 DECLARATION of Abraham Sultan in Support re: #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman .. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 28 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Amend/Correct the Complaint. MOTION to Add Party(ies) Stephanie Goldman ., #26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support. . Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 27 MOTION to Amend/Correct the Complaint., MOTION to Add Party(ies) Stephanie Goldman .( Return Date set for 3/9/2022 at 09:30 AM.) Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 26 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint Memorandum of Law in Support. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Filing 25 MOTION for Leave to File Amended Answer, Affirmative Defenses and Third Party Complaint . Document filed by Assaf Cohen, Empire Apparel LLC. Return Date set for 2/23/2022 at 09:30 AM. (Attachments: #1 Affidavit Declaration of Sean R. Flanagan, #2 Exhibit Exhibit A to Flanagan Declaraion, #3 Exhibit Exhibit B to Flanagan Declaration, #4 Affidavit Declaration of Assaf Cohen, #5 Exhibit Exhibit 1 to Cohen Declaration, #6 Exhibit Exhibit 2 to Cohen Declaration, #7 Exhibit Exhibit 3 to Cohen Declaration).(Flanagan, Sean) |
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Set/Reset Deadlines: Depositions due by 4/1/2022. Discovery due by 4/15/2022. Expert Discovery due by 5/15/2022. (vfr) |
Filing 22 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Sean R. Flanagan dated December 27, 2021. Document filed by Assaf Cohen, Empire Apparel LLC. (Attachments: #1 Exhibit Revised Scheduling Order).(Flanagan, Sean) |
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Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by One Step Up, Ltd.. (Attachments: #1 Joint Letter).(Lazarus, Harlan) |
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Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Empire Apparel LLC..(Flanagan, Sean) |
Filing 16 ANSWER to #1 Complaint,. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Filing 15 NOTICE OF APPEARANCE by Yvette Janelle Sutton on behalf of One Step Up, Ltd...(Sutton, Yvette) |
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Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Sean R. Flanagan dated July 19, 2021. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean) |
Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Empire Apparel LLC served on 7/2/2021, answer due 7/23/2021. Service was accepted by Gina Sanchez. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Assaf Cohen served on 7/2/2021, answer due 7/23/2021. Service was accepted by Gina Sanchez. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
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Filing 9 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) |
Filing 8 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lazarus, Harlan) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to Empire Apparel LLC. (sj) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Assaf Cohen. (sj) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(sj) |
Magistrate Judge Robert W. Lehrburger 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. (sj) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Harlan Mitchell Lazarus. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0044; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the Fee Status code has been modified to pd (paid). (sj) |
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Harlan Mitchell Lazarus 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. (sj) |
Case Designated ECF. (sj) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Empire Apparel LLC, re: #1 Complaint,. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Assaf Cohen, re: #1 Complaint,. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 3 CIVIL COVER SHEET filed..(Lazarus, Harlan) |
Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by One Step Up, Ltd...(Lazarus, Harlan) |
Filing 1 COMPLAINT against Assaf Cohen, Empire Apparel LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24691172)Document filed by One Step Up, Ltd.. (Attachments: #1 Exhibit Plaintiff's Trademark Registration, #2 Exhibit Defendant's trademark status, #3 Exhibit USPTO Office Action concerning Bushwick Supply, #4 Exhibit Linkedin profile, #5 Exhibit Images of Infringing Goods, #6 Exhibit RN lookup).(Lazarus, Harlan) |
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