Luxottica Group S.p.A. et al v. Lofty Trading, Inc. et al
| Lofty Trading, Inc. |
| Luxottica Group S.p.A. and Oakley, Inc. |
| Ben Chang Fan |
| 1:2022cv10943 |
| December 28, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 20
MEDIATION REFERRAL ORDER: IT IS HEREBY ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation shall take place after some discovery has taken place so that there can be a productive discussion. The parties request a mediator with experience in trademark disputes. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/27/2023. (Signed by Judge Jennifer L. Rochon on 2/13/2023) (jca)
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Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have not conferred pursuant to Federal Rule of Civil Procedure 26(f). Depositions shall be completed no later than May 25, 2023. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 2 days (not con. Motions due by 3/15/2023. Deposition due by 7/14/2023. Fact Discovery due by 6/13/2023. Expert Discovery due by 7/14/2023. Discovery due by 7/14/2023. Case Management Conference set for 8/8/2023 at 10:00 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 8/8/2023 at 10:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/13/2023) (jca) Modified on 2/24/2023 (jca).
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| Filing 18 NOTICE OF APPEARANCE by Erin O'Leary on behalf of Luxottica Group S.p.A., Oakley, Inc...(O'Leary, Erin) |
| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 2/13/2023. (aba) |
| Filing 17 JOINT LETTER addressed to Judge Jennifer L. Rochon from Steven M. Lucks dated 02/08/2023 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Luxottica Group S.p.A., Oakley, Inc.. (Attachments: #1 Exhibit A-Civil Case Management Plan and Scheduling Order).(Lucks, Steven) |
| Filing 16 AMENDED ANSWER to. Document filed by Ben Chang Fan, Lofty Trading, Inc...(Graham, Warren) |
| Filing 15 ANSWER to #14 Counterclaim. Document filed by Luxottica Group S.p.A., Oakley, Inc...(Lucks, Steven) |
| Filing 14 ANSWER to #1 Complaint., COUNTERCLAIM against Luxottica Group S.p.A., Oakley, Inc.. Document filed by Ben Chang Fan, Lofty Trading, Inc...(Graham, Warren) |
| Filing 13 NOTICE OF APPEARANCE by Warren R. Graham on behalf of Ben Chang Fan, Lofty Trading, Inc...(Graham, Warren) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE Initial Conference set for 2/13/2023 at 10:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/4/2023) (jca)
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| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Ben Chang Fan served on 12/30/2022, answer due 1/20/2023. Service was accepted by JAMES FAN. Service was made by MAIL. Document filed by Luxottica Group S.p.A.; Oakley, Inc...(Lucks, Steven) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Lofty Trading, Inc. served on 12/30/2022, answer due 1/20/2023. Service was accepted by AMY LESCH, Business Document Specialist. Document filed by Luxottica Group S.p.A.; Oakley, Inc...(Lucks, Steven) |
| 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). (vf) |
| Filing 8 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lucks, Steven) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Ben Chang Fan..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Lofty Trading, Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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) |
| Magistrate Judge Robert W. Lehrburger 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 Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Miles Lucks. The following case opening statistical information was erroneously selected/entered: County code XX Out of U.S.;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Steven Miles Lucks 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. (pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ben Chang Fan, re: #1 Complaint. Document filed by Luxottica Group S.p.A., Oakley, Inc...(Lucks, Steven) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lofty Trading, Inc., re: #1 Complaint. Document filed by Luxottica Group S.p.A., Oakley, Inc...(Lucks, Steven) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Essilor International, Corporate Parent EssilorLuxottica, S.A., Corporate Parent Luxottica Group S.p.A. for Oakley, Inc.; Corporate Parent EssilorLuxottica for Luxottica Group S.p.A.. Document filed by Luxottica Group S.p.A., Oakley, Inc...(Lucks, Steven) |
| Filing 2 CIVIL COVER SHEET filed..(Lucks, Steven) |
| Filing 1 COMPLAINT against Ben Chang Fan, Lofty Trading, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27140572)Document filed by Luxottica Group S.p.A., Oakley, Inc...(Lucks, Steven) |
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