Hamilton v. Hernandez et al
| Warren Hamilton, Jr. |
| Daniel Hernandez a/k/a 6IX9INE, Tenthousand Projects, LLC, UMG Recordings, Inc and Daniel Hernandez |
| 1:2022cv06172 |
| July 20, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 22
ORDER: granting in part and denying in part #21 Letter Motion for Extension of Time. The Court has reviewed Plaintiff's letter dated September 7, 2022. ECF No. 21. Accordingly, Plaintiff's requests are GRANTED in part, and DENIED in part. The September 19, 2022, deadline for the parties to submit their joint letter and proposed case management plan is ADJOURNED sine die. By September 22, 2022, Plaintiff shall submit a letter detailing his efforts to serve Defendant Hernandez. By October 15, 2022, Defendants TenThousand Projects, LLC, and UMG Recordings, Inc., shall respond to Plaintiff's complaint. The Clerk of Court is directed to terminate the motion at ECF No. 21. SO ORDERED.. (Signed by Judge Analisa Torres on 9/08/2022) (ama)
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| Set/Reset Deadlines: Tenthousand Projects, LLC answer due 10/15/2022; UMG Recordings, Inc answer due 10/15/2022. (ama) |
| Filing 21 JOINT LETTER MOTION for Extension of Time for TenThousand Projects, LLC and UMG Recordings, Inc. to Respond to Plaintiff's Complaint & for parties to submit a joint letter and proposed Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from David Chase LanCarte dated 9/7/2022. Document filed by Warren Hamilton, Jr. (Attachments: #1 Text of Proposed Order Proposed Order).(LanCarte, David) |
| Filing 20 SUMMONS RETURNED EXECUTED. Tenthousand Projects, LLC served on 8/24/2022, answer due 9/14/2022. Service was accepted by Jennifer Lee, Authorized Agent for Eresidentagent, Inc. who is the registered agent of TenThousand Projects, LLC. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
| Filing 19 SUMMONS RETURNED EXECUTED. UMG Recordings, Inc served on 8/23/2022, answer due 9/13/2022. Service was accepted by Robin Hutt, Managing Agent for Corporation Trust Co who is the registered agent of UMG Recordings, Inc.. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Daniel Hernandez..(pc) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Tenthousand Projects, LLC..(pc) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to UMG Recordings, Inc..(pc) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to UMG Recordings, Inc., re: #5 Complaint. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to TenThousand Projects, LLC, re: #5 Complaint. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Hernandez, re: #5 Complaint. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
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Filing 12
ORDER granting #2 Motion for David Chase LanCarte to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JMS)
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| Filing 11 LETTER addressed to Judge Analisa Torres from David Chase LanCarte dated 8/4/2022 re: Follow-up on Motion & Proposed Order to Appear Pro Hac Vice. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
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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. (Signed by Judge Analisa Torres on 8/4/2022) (ate)
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Filing 9
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 September 19, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth in this order. (Signed by Judge Analisa Torres on 8/4/2022) (ate)
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Filing 8
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. (Signed by Judge Analisa Torres on 8/4/2022) (ate)
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| Filing 7 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) |
| Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(LanCarte, David) |
| Filing 5 COMPLAINT against Daniel Hernandez, Tenthousand Projects, LLC, UMG Recordings, Inc. Document filed by Warren Hamilton, Jr..(LanCarte, David) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| 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..(pc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2 MOTION for David Chase LanCarte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26440181. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Chase LanCarte to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Chase LanCarte. The party information for the following party/parties has been modified: Daniel Hernandez a/k/a 6IX9INE. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney David Chase LanCarte to RE-FILE Document No. #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; do not use the sample form.. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(LanCarte, David) Modified on 7/21/2022 (pc). |
| Filing 3 CIVIL COVER SHEET filed..(LanCarte, David) |
| Filing 2 MOTION for David Chase LanCarte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26440181. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Warren Hamilton, Jr. (Attachments: #1 Exhibit Exhibit A - Affidavit of David Chase LanCarte, #2 Exhibit Exhibit B - Letters/Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(LanCarte, David) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26440084)Document filed by Warren Hamilton, Jr..(LanCarte, David) Modified on 7/21/2022 (pc). |
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