National Debt Relief, LLC v. Season 4, LLC et al
| National Debt Relief, LLC |
| Season 4, LLC and Milberg Coleman Bryson Phillips Grossman, PLLC |
| 1:2023cv07198 |
| August 15, 2023 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Katharine H Parker |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to File Response/Reply as to #26 FIRST MOTION to Dismiss COMPLAINT addressed to Magistrate Judge Katharine H. Parker from Beth-Ann Krimsky dated 10/09/2023. APPLICATION GRANTED. #26 FIRST MOTION to Dismiss COMPLAINT. Responses due by 10/27/2023. (Signed by Magistrate Judge Katharine H. Parker on 10/10/2023) (vfr)
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| Filing 30 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #26 FIRST MOTION to Dismiss COMPLAINT. addressed to Magistrate Judge Katharine H. Parker from Beth-Ann Krimsky dated 10/09/2023. Document filed by National Debt Relief, LLC..(Krimsky, Beth-Ann) |
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Filing 29
ORDER: granting #28 Letter Motion for Conference re: #28 SECOND LETTER MOTION for Conference. continuance or rescheduling. addressed to Magistrate Judge Katharine H. Parker from Thomas Gilbertsen dated October 2, 2023.SECOND LETTER MOTION to Continue case management conference. addressed to Magistrate Judge Katharine H. Parker from Thomas Gilbertsen dated October 2, 2023. ; granting #28 Letter Motion to Continue. APPLICATION GRANTED: The telephonic Initial Case Management Conference in this matter scheduled for Thursday, November 2, 2023 at 2:45 p.m. is hereby rescheduled to Tuesday, November 14, 2023 at 4:00 p.m. At the scheduled time, the parties shall dial the Court's conference line at 866-434-5269, access code 4858267. Application Granted.(Telephonic Initial Conference set for 11/14/2023 at 04:00 PM before Magistrate Judge Katharine H. Parker.). (Signed by Magistrate Judge Katharine H. Parker on 10/03/2023) (ama)
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| Filing 28 SECOND LETTER MOTION for Conference continuance or rescheduling addressed to Magistrate Judge Katharine H. Parker from Thomas Gilbertsen dated October 2, 2023., SECOND LETTER MOTION to Continue case management conference addressed to Magistrate Judge Katharine H. Parker from Thomas Gilbertsen dated October 2, 2023.( Return Date set for 11/2/2023 at 02:45 PM.) Document filed by Milberg Coleman Bryson Phillips Grossman, PLLC..(Gilbertsen, Thomas) |
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Filing 27
ORDER RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The telephonic Initial Case Management Conference in this matter scheduled for Thursday, October 26, 2023 at 2:45 p.m. is hereby rescheduled to Thursday, November 2, 2023 at 2:45 p.m. At the scheduled time, the parties shall dial the Court's conference line at 866-434-5269, access code 4858267#. SO ORDERED. Initial Conference set for 11/2/2023 at 02:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 10/2/2023) (vfr)
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| Filing 26 FIRST MOTION to Dismiss COMPLAINT. Document filed by Milberg Coleman Bryson Phillips Grossman, PLLC. Responses due by 10/20/2023 (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit LEXIS citation, #3 Exhibit LEXIS citation, #4 Proposed Order Proposed Order granting motion to dismiss).(Gilbertsen, Thomas) |
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion to Appear Pro Hac Vice. The motion of Paul K. Dueffert, for admission to practice pro hac vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Magistrate Judge Katharine H. Parker on 9/15/2023) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Paul K. Dueffert to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (va) |
| Pro Hac Vice Fee Due: for #24 MOTION for Paul K. Dueffert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (sgz) |
| Pro Hac Vice Fee Payment: for #24 MOTION for Paul K. Dueffert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-28281173..(Dueffert, Paul) |
| Filing 24 MOTION for Paul K. Dueffert to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Season 4, LLC. (Attachments: #1 Affidavit 'Affidavit in Support of Motion to Appear PHV, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order for Paul Dueffert to Appear PHV).(Dueffert, Paul) Modified on 9/13/2023 (sgz). Modified on 9/14/2023 (va). |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Season 4, LLC..(Gilbertsen, Thomas) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Milberg Coleman Bryson Phillips Grossman, PLLC..(Gilbertsen, Thomas) |
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Filing 21
ORDER granting #18 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Initial Case Management Conference scheduled for 9/26/2023 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Katharine H. Parker is hereby converted to a telephonic conference and rescheduled to Thursday, October 26, 2023 at 2:45 p.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. Initial Conference set for 10/26/2023 at 2:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 9/11/2023) (vfr)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Thomas E. Gilbertsen to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 9/11/2023) (vfr)
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| Filing 19 MOTION for Thomas E. Gilbertsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28265043. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Milberg Coleman Bryson Phillips Grossman, PLLC. (Attachments: #1 Affidavit Gilbertsen affidavit, #2 Exhibit Good Standing Certificate, #3 Proposed Order Proposed Order on Gilbertsen Pro Hac Application).(Gilbertsen, Thomas) |
| Filing 18 CONSENT LETTER MOTION to Adjourn Conference Initial Case Management Conference addressed to Magistrate Judge Katharine H. Parker from Beth-Ann Krimsky dated September 11, 2023. Document filed by National Debt Relief, LLC..(Strube, Gavin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Thomas E. Gilbertsen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28265043. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 17
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 9/26/2023 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 9/6/2023) (tg)
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| Filing 16 STIPULATION EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT UNDER RULE 12: Defendants Season 4 LLC ("Season 4") and Milberg Coleman Bryson Phillips Grossman, PLLC (the "Milberg Firm") respectfully submit this stipulated request for extension of time until September 29, 2023, to answer or otherwise respond to the Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12. This is the first extension requested by Defendants in this matter. Plaintiff's Summons and Complaint were served upon both defendants on August 17, 2023, setting a return date of September 7, 2023 [Dkt. Nos. 11 and 12]. Defendants' counsel requested and received Plaintiff counsel's consent to an extension of time - until September 29, 2023 - for Defendants to file a responsive pleading to the Complaint under Fed. R. Civ. P. 12. Defendants respectfully request that the Court approve the parties' stipulation, and Plaintiff does not oppose this relief. APPLICATION GRANTED. Motions terminated: #14 MOTION for Extension of Time to File Answer re: #1 Complaint, . filed by Season 4, LLC, Milberg Coleman Bryson Phillips Grossman, PLLC.Milberg Coleman Bryson Phillips Grossman, PLLC answer due 9/29/2023; Season 4, LLC answer due 9/29/2023. (Signed by Magistrate Judge Katharine H. Parker on 9/5/2023) (tg) |
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Filing 15
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Lewis A. Kaplan on 9/5/2023) (ate)
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| Filing 14 MOTION for Extension of Time to File Answer re: #1 Complaint, . Document filed by Milberg Coleman Bryson Phillips Grossman, PLLC, Season 4, LLC..(Kassan, Randi) |
| Filing 13 NOTICE OF APPEARANCE by Beth-Ann Ellenberg Krimsky on behalf of National Debt Relief, LLC..(Krimsky, Beth-Ann) |
| Filing 12 AFFIDAVIT OF SERVICE. National Debt Relief, LLC served on 8/17/2023, answer due 9/7/2023. Service was accepted by Matthew Clemente, Partner. Document filed by National Debt Relief, LLC..(Krimsky, Beth-Ann) |
| Filing 11 SUMMONS RETURNED EXECUTED. Milberg Coleman Bryson Phillips Grossman, PLLC served on 8/17/2023, answer due 9/7/2023. Service was accepted by Katie Letseh. Document filed by National Debt Relief, LLC..(Krimsky, Beth-Ann) |
| Filing 10 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 9 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Krimsky, Beth-Ann) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Season 4, LLC. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Milberg Coleman Bryson Phillips Grossman, PLLC. (vf) |
| Filing 6 CIVIL COVER SHEET filed..(Strube, Gavin) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Gavin Michael Strube 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gavin Michael Strube to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Courthouse Assignment Section of Form not provided; Form is not Signed; Basis of Jurisdiction Error. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gavin Michael Strube. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 1 (U.S. Government Plaintiff); Cause of Action code Blank; County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Cause of Action code has been modified to 15:1125la Trademark Infringement (Lanham Act); the County code has been modified to New York. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Debt Relief, LLC..(Strube, Gavin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Season 4, LLC, re: #1 Complaint,. Document filed by National Debt Relief, LLC..(Strube, Gavin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Milberg Coleman Bryson Phillips Grossman, PLLC, re: #1 Complaint,. Document filed by National Debt Relief, LLC..(Strube, Gavin) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Strube, Gavin) Modified on 8/16/2023 (vf). |
| Filing 1 COMPLAINT against Milberg Coleman Bryson Phillips Grossman, PLLC, Season 4, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28149206)Document filed by National Debt Relief, LLC. (Attachments: #1 Exhibit A- Registration Certificate, #2 Exhibit B- Signup Page).(Strube, Gavin) |
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