LoanStreet Inc. et al v. Troia
| LoanStreet Inc. and Ian Lampl |
| Wyatt Troia |
| 1:2021cv06166 |
| July 19, 2021 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1125 la |
| None |
Docket Report
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Filing 19
ORDER: Having reviewed the parties' pre-motion letters, dated September 8, 2021 and September 13, 2021, the Court has determined that defendant may bring his motion without the necessity of a pre-motion conference. Plaintiffs are reminded that if, consistent with Rule 11, they can assert additional allegations to cure any alleged deficiencies raised by defendant's letter, it would be in the best interest of both the parties and the Court for plaintiffs to assert them now, before briefing on the proposed motions. Plaintiffs are thus granted leave to file an amended complaint within two weeks of this Order. At that time, if no amended complaint has been filed, the parties should confer on a briefing schedule agreeable to both sides, in which no more than sixty days elapse from the filing of defendant's motion to the filing of defendant's reply. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/15/2021) (mml)
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Filing 18
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Plaintiffs LoanStreet Inc. and Ian Lampl substitute Christopher M. Gerson (CG-9259), as counsel of record in place of Joel G. MacMull. The substitution of attorney is hereby approved and so ORDERED. Attorney Joel Geoffrey MacMull terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2021) (mml)
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Filing 17
NOTICE OF APPEARANCE by Ryan Jay Singer on behalf of Ian Lampl, LoanStreet Inc...(Singer, Ryan)
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Filing 16
NOTICE OF APPEARANCE by Timothy Kelso Gilman on behalf of Ian Lampl, LoanStreet Inc...(Gilman, Timothy)
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Filing 15
PROPOSED CONSENT ORDER. Document filed by Ian Lampl, LoanStreet Inc...(Gerson, Christopher)
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Filing 14
LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Christopher M. Gerson dated September 13, 2021 re: #12 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Sara J. Isaacson dated September 8, 2021. . Document filed by Ian Lampl, LoanStreet Inc...(Gerson, Christopher)
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Filing 13
NOTICE OF APPEARANCE by Christopher Michael Gerson on behalf of Ian Lampl, LoanStreet Inc...(Gerson, Christopher)
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Filing 12
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Sara J. Isaacson dated September 8, 2021. Document filed by Wyatt Troia..(Isaacson, Sara)
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Filing 11
ENDORSED LETTER addressed to Joey Geoffrey MacMull and Douglas Brian Lipsky from District Judge Naomi Reice Buchwald dated 8/17/2021 ENDORSEMENT: We have received your letters of August 4, 2021 and August 13, 2021. ECF Nos. 9, 10. As an initial matter, to be clear, this case has not been referred to Judge Aaron for any purpose. As far as plaintiffs' expressed concern about the destruction of documents in the possession, custody, or control of third parties, we believe that defendant has offered a constructive suggestion, namely, that plaintiffs send document preservation notices to the third parties. However, should plaintiffs believe that this step is insufficient and still desire to serve subpoenas prior to a Rule 26(f) conference, those subpoenas should be submitted to the Court for review and authorization prior to service. Obviously, plaintiffs should provide an explanation for the service of each subpoena sought. (Signed by Judge Naomi Reice Buchwald on 8/17/2021) (vfr) Modified on 8/28/2021 (vfr).
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Filing 10
LETTER addressed to Judge Naomi Reice Buchwald from Douglas B. Lipsky dated August 13, 2021 re: Response to Plaintiffs' August 4 Letter. Document filed by Wyatt Troia..(Lipsky, Douglas)
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Filing 9
LETTER addressed to Judge Naomi Reice Buchwald from Joel G. MacMull dated August 4, 2021 re: Plaintiff's Request to Commence Discovery Forthwith. Document filed by Ian Lampl, LoanStreet Inc...(MacMull, Joel)
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Filing 8
ORDER granting #6 Letter Motion for Extension of Time to Answer re #6 LETTER MOTION for Extension of Time to File Answer re: #3 Complaint addressed to Magistrate Judge Stewart D. Aaron from Douglas B. Lipsky dated August 2, 2021, #3 Complaint. Application granted. Wyatt Troia answer due 9/8/2021. (Signed by Judge Naomi Reice Buchwald on 8/3/2021) (ate)
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Filing 7
NOTICE OF APPEARANCE by Sara Jacqueline Isaacson on behalf of Wyatt Troia..(Isaacson, Sara)
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Filing 6
LETTER MOTION for Extension of Time to File Answer re: #3 Complaint addressed to Magistrate Judge Stewart D. Aaron from Douglas B. Lipsky dated August 2, 2021. Document filed by Wyatt Troia..(Lipsky, Douglas)
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Filing 5
NOTICE OF APPEARANCE by Douglas Brian Lipsky on behalf of Wyatt Troia..(Lipsky, Douglas)
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Filing 4
AFFIDAVIT OF SERVICE of Summons and Complaint. Wyatt Troia served on 7/19/2021, answer due 8/9/2021. Service was accepted by Lee Koch, Principal of Koch Law, Defendant's Counsel. Document filed by LoanStreet Inc.; Ian Lampl. (Attachments: #1 Exhibit 1).(MacMull, Joel)
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Magistrate Judge Stewart D. Aaron 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. (vf)
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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..(vf)
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Case Designated ECF. (vf)
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Filing 3
COMPLAINT against Wyatt Troia. Document filed by LoanStreet Inc., Ian Lampl..(MacMull, Joel)
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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: Ian Lampl, Wyatt Troia. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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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: Cause of Action code 15:44 Trademark Infringement; Nature of Suit code 890 (Other Statutory Actions); County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125la Trademark Infringement (Lanham Act); the Nature of Suit code has been modified to 840 (Trademark); the County code has been modified to New York. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joel Geoffrey MacMull to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): PDF ERROR, the PDF attached to the docket entry for the pleading is not correct, the PDF reflects another Filing Court title; and the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/26/2021. (vf)
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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. (vf)
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Filing 2
CIVIL COVER SHEET filed..(MacMull, Joel)
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Filing 1
FILING ERROR - DEFICIENT PLEADING -PDF ERROR- FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24813941)Document filed by LoanStreet Inc., Ian Lampl..(MacMull, Joel) Modified on 7/20/2021 (vf).
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