1-800 Contacts, Inc. v. JAND, Inc.
| 1-800 Contacts, Inc. |
| JAND, Inc., d/b/a Warby Parker and JAND, Inc. doing business as Warby Parker |
| 1:2021cv06966 |
| August 18, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
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Filing 23
ORDER: granting #20 Letter Motion for Extension of Time to Answer re #20 LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Complaint until and including October 22, 2021 and to adjourn the date of the Initial Conference, currently scheduled for October 21, 2021 at 10:30am, addressed. Application GRANTED. Defendant's time to answer extended to October 22, 2021. Initial conference adjourned from October 21, 2021 to November 8, 2021 at 11:30 a.m. The conference will proceed telephonically.Dial-In No. 1-888-363-4749, Access Code: 3667981. SO ORDERED.JAND, Inc. answer due 10/22/2021. (Signed by Judge P. Kevin Castel on 10/08/2021) (ama)
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Filing 22
ORDER GRANTING MOTION OF ROBERT D. CARROLL TO WITHDRAW AS COUNSEL: granting #19 Motion to Withdraw as Attorney. The motion to withdraw the appearances of Robert D. Carroll as counsel of record on behalf of Defendant Jand, Inc. d/b/a Warby Parker ("Warby Parker") in the above captioned action, and for removal of Robert D. Carroll from the CM/ECF service list for this matter, is hereby GRANTED. SO ORDERED Attorney Robert Donald Carroll terminated. (Signed by Judge Richard C. Casey on 10/08/2021) (ama)
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Set/Reset Hearings: Initial Conference set for 11/8/2021 at 11:30 AM before Judge P. Kevin Castel. (ama)
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Filing 21
LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Stephen Fishbein dated October 6, 2021 re: #20 LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Complaint until and including October 22, 2021 and to adjourn the date of the Initial Conference, currently scheduled for October 21, 2021 at 10:30am, addressed . Document filed by 1-800 Contacts, Inc...(Fishbein, Stephen)
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Filing 20
LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Complaint until and including October 22, 2021 and to adjourn the date of the Initial Conference, currently scheduled for October 21, 2021 at 10:30am, addressed to Judge P. Kevin Castel from L. Danielle Toaltoan dated October 6, 2021. Document filed by JAND, Inc...(Toaltoan, Lauren)
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Filing 19
MOTION for Robert D. Carroll to Withdraw as Attorney . Document filed by JAND, Inc.. (Attachments: #1 Text of Proposed Order).(Carroll, Robert)
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Filing 18
NOTICE OF APPEARANCE by Lauren Danielle Toaltoan on behalf of JAND, Inc...(Toaltoan, Lauren)
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Filing 17
ORDER granting #14 Motion for Steven J. Joffee to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 16
ORDER granting #15 Motion for Thomas A. Agnello to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Steven J. Joffee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25076828. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Utah. We do not accept certificates from a state bar registrar for this state.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Thomas A. Agnello to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25077647. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 15
MOTION for Thomas A. Agnello to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25077647. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 1-800 Contacts, Inc.. (Attachments: #1 Affidavit Affidavit of Thomas A. Agnello in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice of Thomas A. Agnello).(Agnello, Thomas)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven J. Joffee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25076828. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 1-800 Contacts, Inc.. (Attachments: #1 Affidavit Affidavit of Steven J Joffee, #2 Text of Proposed Order Order for Admission Pro Hac Vice of Steven J Joffee).(Joffee, Steven) Modified on 9/20/2021 (bcu).
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Filing 13
STIPULATION AND ORDER TO EXTEND THE TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff 1-800 Contacts, Inc. and Defendant Jand, Inc. d/b/a Warby Parker ("Warby Parker"), subject to the approval of the Court, that the time for Warby Parker to answer, move or otherwise respond to the Complaint is extended through and including October 8, 2021. The reason for this request is to provide Warby Parker with sufficient time to investigate and adequately respond to the allegations in the Complaint. SO ORDERED., JAND, Inc. answer due 10/8/2021. (Signed by Judge P. Kevin Castel on 9/13/2021) (ama)
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Filing 12
PROPOSED STIPULATION AND ORDER. Document filed by JAND, Inc...(Carroll, Robert)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JAND, Inc...(Carroll, Robert)
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Filing 10
NOTICE OF APPEARANCE by Robert Donald Carroll on behalf of JAND, Inc...(Carroll, Robert)
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Filing 9
ORDER INITIAL PRETRIAL CONFERENCE: Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981 SO ORDERED. Initial Conference set for 10/21/2021 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/24/2021) (tg)
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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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Filing 7
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review..(Fishbein, Stephen)
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint,. JAND, Inc. served on 8/20/2021, answer due 9/10/2021. Service was accepted by Daniel Arroyo-Falcon. Document filed by 1-800 Contacts, Inc...(Fishbein, Stephen)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to JAND, Inc...(jgo)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Stephen Robert Fishbein 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen Robert Fishbein. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
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Magistrate Judge Sarah L. Cave 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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(jgo)
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Case Designated ECF. (jgo)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CNT Holdings I Corp., Corporate Parent CNT Holdings II Corp., Corporate Parent CNT Holdings III Corp., Corporate Parent Oculus Intermediate Corp., Corporate Parent Oculus Holding Corp., Corporate Parent KKR & Co., Inc. for 1-800 Contacts, Inc.. Document filed by 1-800 Contacts, Inc...(Fishbein, Stephen)
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Filing 3
CIVIL COVER SHEET filed..(Fishbein, Stephen)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to JAND, INC. d/b/a WARBY PARKER, re: #1 Complaint,. Document filed by 1-800 Contacts, Inc...(Fishbein, Stephen)
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Filing 1
COMPLAINT against JAND, Inc., d/b/a Warby Parker. (Filing Fee $ 402.00, Receipt Number ANYSDC-24952952)Document filed by 1-800 Contacts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Fishbein, Stephen)
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