Johnson & Johnson v. Powerful Swing LLC
Plaintiff: Johnson & Johnson
Defendant: Powerful Swing LLC
Case Number: 1:2022cv05746
Filed: July 6, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2022 Filing 24 CERTIFICATE OF SERVICE of the August 26, 2022 Order (Docket No. 23), Motion for Default and supporting documents (Docket Nos. 18-21) served on Powerful Swing LLC on August 26, 2022. Service was made by MAIL. Document filed by Johnson & Johnson. (Attachments: #1 Exhibit A - mail receipt).(Weinberger, James)
August 26, 2022 Opinion or Order Filing 23 ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: It is hereby ORDERED that Defendant shall file any opposition to the motion for default judgment by September 16, 2022. It is further ORDERED that Defendant appear and show cause before this Court on September 28, 2022, at 11:30 AM, why an order should not be issued granting a default judgment against Defendant. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Courts dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. It is further ORDERED that Plaintiff serve Defendant via overnight courier with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order by within one business day of the filing of each document. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled for October 19, 2022, is adjourned sine die. SO ORDERED. (Responses due by 9/16/2022, Telephone Conference set for 9/28/2022 at 11:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/26/2022) (jca)
August 25, 2022 Filing 22 DECLARATION of Mario Ortiz re: #18 MOTION for Default Judgment as to defendant Powerful Swing LLC., #21 Proposed Default Judgment, #20 Declaration in Support of Motion, #19 Memorandum of Law in Support of Motion - re Proof of Service. Document filed by Johnson & Johnson. (Attachments: #1 Exhibit A - mailing receipts).(Weinberger, James)
August 25, 2022 Filing 21 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Johnson & Johnson..(Weinberger, James) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 8/25/2022 (tp).
August 25, 2022 Filing 20 DECLARATION of James D. Weinberger in Support re: #18 MOTION for Default Judgment as to defendant Powerful Swing LLC.. Document filed by Johnson & Johnson. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavits of Service, #3 Exhibit C - Clerk's Certificate).(Weinberger, James)
August 25, 2022 Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION for Default Judgment as to defendant Powerful Swing LLC. . Document filed by Johnson & Johnson..(Weinberger, James)
August 25, 2022 Filing 18 MOTION for Default Judgment as to defendant Powerful Swing LLC. Document filed by Johnson & Johnson..(Weinberger, James)
August 25, 2022 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #21 Proposed Default Judgment was reviewed and approved as to form. (tp)
August 18, 2022 Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to Powerful Swing LLC. (tp)
August 18, 2022 Filing 16 DECLARATION of Kimberly B. Frumkin in Support re: #15 Proposed Clerk's Certificate of Default. Document filed by Johnson & Johnson..(Frumkin, Kimberly)
August 18, 2022 Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Johnson & Johnson..(Frumkin, Kimberly) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
August 18, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Kimberly Frumkin. RE-FILE Document No. #13 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) for the party(ies) who accepted service. The last paragraph of your certificate needs to be changed (I further certify that the docket entries indicate that the Defendant has filed an answer or otherwise moved with respect to the complaint herein), to has not filed an answer. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km)
August 17, 2022 Filing 14 DECLARATION of Kimberly B. Frumkin in Support re: #13 Proposed Clerk's Certificate of Default. Document filed by Johnson & Johnson..(Frumkin, Kimberly)
August 17, 2022 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Johnson & Johnson..(Frumkin, Kimberly) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/18/2022 (km).
August 16, 2022 Filing 12 DECLARATION of Mario Ortiz re: #11 Order,,,,, Declaration of Service of the August 12, 2022 Order [ECF No. 11]. Document filed by Johnson & Johnson. (Attachments: #1 Exhibit A - email).(Frumkin, Kimberly)
August 12, 2022 Opinion or Order Filing 11 ORDER: Defendant in this action appears to be in default. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall electronically serve a copy of this Order on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/12/2022) (vfr)
July 22, 2022 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Powerful Swing LLC served on 7/20/2022, answer due 8/10/2022. Service was accepted by Venita Moss designated agent for the Texas Secretary of State. Document filed by Johnson & Johnson..(Frumkin, Kimberly)
July 8, 2022 Opinion or Order Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/19/2022 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/7/2022) (ks)
July 7, 2022 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)..(vf)
July 7, 2022 Filing 7 ELECTRONIC SUMMONS ISSUED as to Powerful Swing LLC. (vf)
July 7, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
July 7, 2022 Magistrate Judge James L. Cott 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)
July 7, 2022 Case Designated ECF. (vf)
July 6, 2022 Filing 6 NOTICE OF APPEARANCE by Kimberly Frumkin on behalf of Johnson & Johnson..(Frumkin, Kimberly)
July 6, 2022 Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Weinberger, James)
July 6, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Powerful Swing LLC, re: #1 Complaint. Document filed by Johnson & Johnson..(Weinberger, James)
July 6, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson..(Weinberger, James)
July 6, 2022 Filing 2 CIVIL COVER SHEET filed..(Weinberger, James)
July 6, 2022 Filing 1 COMPLAINT against Powerful Swing LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26376666)Document filed by Johnson & Johnson. (Attachments: #1 Exhibit A - Registrations).(Weinberger, James)

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Plaintiff: Johnson & Johnson
Represented By: Kimberly Frumkin
Represented By: James David Weinberger
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Defendant: Powerful Swing LLC
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