UMG Recordings, Inc. v. OpenDeal Inc.
| UMG Recordings, Inc. |
| OpenDeal Inc. doing business as Republic |
| 1:2021cv09358 |
| November 12, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER denying #20 Letter Motion to Adjourn Conference; granting #20 Letter Motion for Extension of Time to Answer re #20 . GRANTED in part, DENIED in part. The Court's order of November 30, 2021, directed the parties to submit a joint letter and proposed case management plan by February 1, 2022. ECF No. 11. The Court did not schedule an initial pretrial conference for that date. The parties' request to adjourn the deadline to submit a joint letter and proposed case management plan is DENIED. Defendant's request to extend the deadline to answer or otherwise respond to the complaint to January 18, 2022, is GRANTED. So Ordered. OpenDeal Inc. answer due 1/18/2022. (Signed by Judge Analisa Torres on 1/7/2022) (js)
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Filing 20
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022., JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022. Document filed by UMG Recordings, Inc...(Donahue, David)
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Filing 19
DECLARATION of David Donahue - Service re: #1 Complaint,, #3 Rule 7.1 Corporate Disclosure Statement, #8 Summons Issued, #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney, #2 Civil Cover Sheet . Document filed by UMG Recordings, Inc...(Donahue, David)
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Filing 18
ORDER granting in part and denying in part #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. The parties' request for a pre-motion conference is DENIED. Plaintiff's request to file a motion for a preliminary injunction is GRANTED. Accordingly, 1. By January 24, 2022, Plaintiff shall file its motion for a preliminary injunction. 2. By February 14, 2022, Defendant shall file its opposition papers. 3. By February 28, 2022, Plaintiff shall file its reply, if any. The Clerk of Court is directed to terminate the motion pending at ECF No. 13. SO ORDERED.. (Signed by Judge Analisa Torres on 12/16/2021) (kv)
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Set/Reset Deadlines: Motions due by 1/24/2022. Responses due by 2/14/2022 Replies due by 2/28/2022. (kv)
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Filing 17
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from John J. Rosenberg dated 12/14/21 re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. . Document filed by OpenDeal Inc...(Perala, Brett)
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Filing 16
NOTICE OF APPEARANCE by Brett Thomas Perala on behalf of OpenDeal Inc...(Perala, Brett)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OpenDeal Inc...(Rosenberg, John)
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Filing 14
NOTICE OF APPEARANCE by John Jacob Rosenberg on behalf of OpenDeal Inc...(Rosenberg, John)
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Filing 13
LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. Document filed by UMG Recordings, Inc...(Donahue, David)
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Filing 12
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv)
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Filing 11
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 1, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv)
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Filing 10
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv)
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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)..(jgo)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to OpenDeal Inc...(jgo)
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Magistrate Judge Ona T. Wang 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 Analisa Torres. 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 7
NOTICE OF APPEARANCE by Daniel Michael Nuzzaci on behalf of UMG Recordings, Inc...(Nuzzaci, Daniel)
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Filing 6
NOTICE OF APPEARANCE by Jason Douglas Jones on behalf of UMG Recordings, Inc...(Jones, Jason)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to OpenDeal Inc. d/b/a Republic, re: #1 Complaint,,. Document filed by UMG Recordings, Inc...(Donahue, David)
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Donahue, David)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Universal Music Group, N.V. for UMG Recordings, Inc.. Document filed by UMG Recordings, Inc...(Donahue, David)
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Filing 2
CIVIL COVER SHEET filed..(Donahue, David)
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Filing 1
COMPLAINT against OpenDeal Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25324004)Document filed by UMG Recordings, Inc.. (Attachments: #1 Exhibit A - Billboard article, #2 Exhibit B - Billboard article, #3 Exhibit C - Rolling Stone article, #4 Exhibit D - Registrations, #5 Exhibit E - Communication, #6 Exhibit F - Communication, #7 Exhibit G - Webpage, #8 Exhibit H - Manifesto, #9 Exhibit I - cease and desist letter, #10 Exhibit J - Webpage, #11 Exhibit K - Webpage, #12 Exhibit L - Tweet, #13 Exhibit M - Article, #14 Exhibit N - Article).(Donahue, David)
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