One Step Up, Ltd. v. Empire Apparel LLC et al
Plaintiff: One Step Up, Ltd.
Defendant: Empire Apparel LLC, Assaf Cohen and Stephanie Goldman
Case Number: 1:2021cv05392
Filed: June 18, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Crotty
Referring Judge: Robert W Lehrburger
2 Judge: Alison J Nathan
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2022 Opinion or Order Filing 48 ORDER GRANTING STIPULATION TO CONTINUE DISCOVERY AND RELATED DEADLINES: THE FOLLOWING IS HEREBY ORDERED: The Court's Civil Case Management Plan and Scheduling Order, dated March 29, 2022 under Docket No. 40, is hereby modified as follows: Deposition due by 10/4/2022., Expert Discovery due by 12/14/2022., Fact Discovery due by 10/20/2022. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/01/2022) (ama)
July 1, 2022 Opinion or Order Filing 47 ESI STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Plaintiff and Defendants that whereas no Party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a Party has an interest in the subject matter of the action, the following constitutes the final agreement between the Parties as to all matters concerning electronic discovery: As set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/01/2022) (ama)
July 1, 2022 Opinion or Order Filing 46 ORDER: granting #45 Letter Motion for Extension of Time; granting #45 Letter Motion for Discovery. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/01/2022) (ama)
July 1, 2022 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)
April 28, 2022 Opinion or Order Filing 44 ORDER: granting #43 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/28/2022) (ama)
April 28, 2022 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)
April 28, 2022 Set/Reset Deadlines: Responses due by 5/23/2022 (ama)
April 14, 2022 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)
April 13, 2022 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)
April 6, 2022 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Alison J. Nathan is no longer assigned to the case. (vba)
March 29, 2022 Opinion or Order Filing 40 CIVIL CASE MANAGEMENT PLANT AND SCHEDULING ORDER: All parties do not consent to a trial before a Magistrate Judge at this time. This case is to be tried to a jury. Deposition due by 8/1/2022. Fact Discovery due by 8/15/2022. Expert Discovery due by 10/14/2022. The parties anticipate that the trial of this case will require 3-4 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/29/2022) (ks)
March 29, 2022 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)
March 16, 2022 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)
March 16, 2022 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)
March 10, 2022 Opinion or Order Filing 36 ORDER: March 17, 2022, Plaintiff shall file a sur-reply of no more than five pages regarding the cross-motions to amend. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh).
March 3, 2022 Opinion or Order Filing 35 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022) (vfr)
March 2, 2022 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)
March 2, 2022 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)
February 18, 2022 Opinion or Order Filing 32 ORDER granting #31 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/17/2022) (vfr)
February 18, 2022 Set/Reset Deadlines: Responses due by 3/2/2022 Replies due by 3/16/2022. (vfr)
February 17, 2022 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)
February 16, 2022 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)
February 16, 2022 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)
February 16, 2022 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)
February 16, 2022 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)
January 26, 2022 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)
January 26, 2022 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)
January 12, 2022 Opinion or Order Filing 24 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed 11/15/2021. All fact discovery is to be completed no later than 4/15/22. Depositions shall be completed by 4/1/22. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 5/15/22. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury. SO ORDERED. Depositions due by 5/15/2022. Fact Discovery due by 4/15/2022. Expert Discovery due by 5/15/2022. Case Management Conference set for 5/6/2022 at 3:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/12/2022) (vfr)
December 29, 2021 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time to Complete Discovery. The Court GRANTS the requested extension. The Court will enter the revised case management plan and reschedule the post-discovery conference by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/28/2021) (vfr)
December 29, 2021 Set/Reset Deadlines: Depositions due by 4/1/2022. Discovery due by 4/15/2022. Expert Discovery due by 5/15/2022. (vfr)
December 27, 2021 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)
September 29, 2021 Opinion or Order Filing 21 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). The parties shall be ready for trial within two weeks of the filing of the Joint Pretrial Report. This case is to be tried to a jury. SO ORDERED. Depositions shall be completed by 2/15/22. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 4/15/22. Motions due by 11/15/2021. Deposition due by 4/15/2022. Fact Discovery due by 3/1/2022. Expert Discovery due by 4/15/2022. Case Management Conference set for 3/18/2022 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/28/2021) (vfr)
September 28, 2021 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #19 Proposed Case Management Plan filed by One Step Up, Ltd. ENDORSEMENT: The Court GRANTS the request to adjourn the initial pretrial conference sine die. The Court will enter the parties' case management plan by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/28/2021) (ks)
September 24, 2021 Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by One Step Up, Ltd.. (Attachments: #1 Joint Letter).(Lazarus, Harlan)
September 17, 2021 Opinion or Order Filing 18 ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Per the Court's notice of initial pretrial conference, the parties shall submit their proposed case management plan and joint letter no later than seven days prior to the scheduled conference. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone. The parties and members of the public may access the proceeding by dialing (888) 363-4749 and entering access code 919-6964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/17/2021) (vfr)
August 19, 2021 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Empire Apparel LLC..(Flanagan, Sean)
August 19, 2021 Filing 16 ANSWER to #1 Complaint,. Document filed by Assaf Cohen, Empire Apparel LLC..(Flanagan, Sean)
July 20, 2021 Filing 15 NOTICE OF APPEARANCE by Yvette Janelle Sutton on behalf of One Step Up, Ltd...(Sutton, Yvette)
July 19, 2021 Opinion or Order Filing 14 ORDER granting #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. SO ORDERED. Assaf Cohen answer due 8/20/2021; Empire Apparel LLC answer due 8/20/2021. (Signed by Judge Alison J. Nathan on 7/19/2021) (mml)
July 19, 2021 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)
July 13, 2021 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)
July 13, 2021 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)
July 1, 2021 Opinion or Order Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/1/2021 at 03:00 PM in Courtroom 906, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/29/2021) (vfr)
June 22, 2021 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)
June 21, 2021 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)
June 21, 2021 Filing 7 ELECTRONIC SUMMONS ISSUED as to Empire Apparel LLC. (sj)
June 21, 2021 Filing 6 ELECTRONIC SUMMONS ISSUED as to Assaf Cohen. (sj)
June 21, 2021 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)
June 21, 2021 ***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)
June 21, 2021 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)
June 21, 2021 Case Designated ECF. (sj)
June 21, 2021 ***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)
June 18, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Empire Apparel LLC, re: #1 Complaint,. Document filed by One Step Up, Ltd...(Lazarus, Harlan)
June 18, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Assaf Cohen, re: #1 Complaint,. Document filed by One Step Up, Ltd...(Lazarus, Harlan)
June 18, 2021 Filing 3 CIVIL COVER SHEET filed..(Lazarus, Harlan)
June 18, 2021 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by One Step Up, Ltd...(Lazarus, Harlan)
June 18, 2021 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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Plaintiff: One Step Up, Ltd.
Represented By: Harlan Mitchell Lazarus
Represented By: Yvette Janelle Sutton
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Defendant: Empire Apparel LLC
Represented By: Sean Richard Flanagan
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Defendant: Assaf Cohen
Represented By: Sean Richard Flanagan
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Defendant: Stephanie Goldman
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