The Xercize Studio, LLC v. Fuller Studio, LLC et al
| The Xercize Studio, LLC doing business as IM=X Pilates |
| Fuller Studio, LLC and Laura Fuller |
| 1:2024cv00180 |
| January 9, 2024 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Franchise |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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Filing 23
ORDER: Counsel for the parties shall appear for a telephone conference today, March 5, 2024, at 3:30 pm. At that time, counsel should call (888) 557-8511 and enter access code 9300838. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nhb)
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Filing 22
ORDER: The preliminary injunction hearing scheduled for March 1, 2024, is ADJOURNED due to an ongoing criminal trial that is extending longer than the parties had estimated. The Court will schedule a telephone hearing shortly for the purpose of setting a new date for the hearing. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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Filing 21
ORDER: For the preliminary injunction hearing scheduled for Friday, March 1, 2024, at 10:30 a.m., the parties are welcome to rely on their filed declarations and/or to present live testimony if they wish. Any exhibits should be provided on a thumb drive to Courtroom Deputy Bruce Hampton by February 28, 2024, at 12:00 p.m. Counsel should also contact Mr. Hampton at bruce_hampton@nysd.uscourts.gov as soon as possible to arrange to review the Court's audio-visual system. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction. (Exhibit P-15). Document filed by The Xercize Studio, LLC. (Attachments: #1 Exhibit P-16, #2 Exhibit P-17, #3 Exhibit P-18, #4 Exhibit P-19, #5 Exhibit P-20, #6 Exhibit P-21, #7 Exhibit P-22, #8 Exhibit P-23, #9 Exhibit P-24, #10 Exhibit P-25, #11 Exhibit P-26, #12 Exhibit P-27, #13 Exhibit P-28, #14 Exhibit P-29, #15 Exhibit P-30, #16 Exhibit P-31, #17 Exhibit P-32, #18 Exhibit P-33, #19 Exhibit P-34, #20 Exhibit P-35, #21 Exhibit P-36).(Goldman, Evan) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction. . Document filed by The Xercize Studio, LLC. (Attachments: #1 Affidavit (Declaration of Robert Maynard), #2 Exhibit P-1, #3 Exhibit P-2, #4 Exhibit P-3, #5 Exhibit P-4, #6 Exhibit P-5, #7 Exhibit P-6, #8 Exhibit P-7, #9 Exhibit P-8, #10 Exhibit P-9, #11 Exhibit P-10, #12 Exhibit P-11, #13 Exhibit P-12, #14 Exhibit P-13, #15 Exhibit P-14).(Goldman, Evan) |
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time: Granted. Defendants shall respond to the complaint on or before March 15, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb)
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Filing 17
ORDER granting #15 Letter Motion for Leave to File Excess Pages: Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb)
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| Filing 16 FIRST LETTER MOTION for Extension of Time for defendants to answer or respond to the complaint addressed to Judge J. Paul Oetken from Michael Einbinder dated February 22, 2024. Document filed by Laura Fuller, Fuller Studio, LLC..(Einbinder, Michael) |
| Filing 15 LETTER MOTION for Leave to File Excess Pages (Up to 15 Pages) addressed to Judge J. Paul Oetken from Evan M. Goldman, Esquire dated February 21, 2024. Document filed by The Xercize Studio, LLC..(Goldman, Evan) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time: Granted. Plaintiff's deadline to file a reply is extended to February 23, 2024. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #7 Order to Show Cause,,,,,,,, Set Deadlines,,,,,,,, Terminate Motions,,,,,,, addressed to Judge J. Paul Oetken from Evan M. Goldman, Esquire dated February 10, 2024. Document filed by The Xercize Studio, LLC..(Goldman, Evan) |
| Filing 12 FIRST MEMORANDUM OF LAW in Opposition re: #4 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction. . Document filed by Laura Fuller, Fuller Studio, LLC. (Attachments: #1 Affidavit Fuller Declaration, #2 Exhibit Fuller Exhibit A Part 1, #3 Exhibit Fuller Exhibit A Part 2, #4 Exhibit Fuller Exhibit A Part 3, #5 Affidavit Wickham Declaration, #6 Affidavit Einbinder Declaration, #7 Exhibit Exhibit A, #8 Exhibit Exhibit B, #9 Exhibit Exhibit C, #10 Exhibit Exhibit D, #11 Exhibit Exhibit E, #12 Exhibit Exhibit F, #13 Exhibit Exhibit G, #14 Exhibit Exhibit H, #15 Exhibit Exhibit I, #16 Exhibit Exhibit J, #17 Exhibit Exhibit K, #18 Exhibit Exhibit L, #19 Exhibit Exhibit M, #20 Exhibit Exhibit N).(Einbinder, Michael) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time: Granted. Defendants shall file their opposition to Plaintiff's motion by February 9, 2024. Plaintiff shall file a reply by February 16, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb)
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| Filing 10 FIRST LETTER MOTION for Extension of Time for Opposition and Reply addressed to Judge J. Paul Oetken from Michael Einbinder dated January 31, 2024. Document filed by Laura Fuller, Fuller Studio, LLC..(Einbinder, Michael) |
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Filing 9
STIPULATION, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that the time for defendants Fuller Studio, LLC, and Laura Fuller, to answer, move or otherwise respond to the plaintiff's Complaint in this action has been extended up from January 16, 2024, to March 1, 2024. SO ORDERED. (Laura Fuller answer due 3/1/2024; Fuller Studio, LLC answer due 3/1/2024.) (Signed by Judge J. Paul Oetken on 1/23/24) (yv)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Laura Fuller, Fuller Studio, LLC..(Einbinder, Michael) |
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Filing 7
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SCHEDULING PRELIMINARY INJUNCTION HEARING granting #4 Motion for Temporary Restraining Order and Preliminary and Permanent Injunction filed by The Xercize Studio, LLC. IT IS on this 18th day of January, 2024, ORDERED that a Temporary Restraining Order be and is hereby entered against Defendants, which Order shall remain in force and effect until the return date of this application of an Order to Show Cause, as set forth below: A. Defendants are enjoined from using and/or displaying IM=X's trademarks or any confusingly similar name, device, mark, service mark, trade name, slogan, or symbol used in connection with any IM=X Pilates and Fitness franchise ("Marks"), as further set forth herein. IT IS FURTHER ORDERED that Defendants SHOW CAUSE before this Court on March 1, 2024, at 10:30 a.m., at the United States Courthouse, 40 Foley Square, New York, New York, why an Order should not be entered providing for the following relief in the form of a Preliminary Injunction, as further set forth herein. IT IS FURTHER ORDERED that any papers in opposition to IM=X's request for preliminary injunction shall be filed on ECF on or before February 5, 2024, and any reply by IM=X shall be filed on ECF on or before February 12, 2024; and IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), the parties may request renewal and/or modification of the temporary restraining order upon a showing of good cause. SO ORDERED. ( Show Cause Hearing set for 3/1/2024 at 10:30 AM in Courtroom 706, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge J. Paul Oetken.), ( Replies due by 2/12/2024., Responses due by 2/5/2024), (Signed by Judge J. Paul Oetken on 1/18/2024) (vfr)
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Filing 6
ORDER: Counsel for the parties shall appear for a telephone conference today, January 18, 2024, at 3:30 pm. At that time, counsel should call (888) 557-8511 and enter access code 9300838. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nhb)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Pretrial Conference held on 1/18/2024. Response papers due by 2/5/2024 with replies due by 2/12/2024. An in-person hearing is scheduled for 3/1/2024 at 10:30 am in courtroom 706 of 40 Foley Square. (bh) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction. . Document filed by The Xercize Studio, LLC..(Goldman, Evan) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction. Document filed by The Xercize Studio, LLC. (Attachments: #1 Affidavit (Declaration of Evan M. Goldman), #2 Proposed Order (Proposed Order)).(Goldman, Evan) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 3 NOTICE OF APPEARANCE by Michael Einbinder on behalf of Laura Fuller, Fuller Studio, LLC..(Einbinder, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Goldman, Evan) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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 J. Paul Oetken. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Evan M. Goldman to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan M. Goldman. The party information for the following party/parties has been modified: The Xercize Studio, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Evan M. Goldman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 1 COMPLAINT against Laura Fuller, Fuller Studio, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28789470)Document filed by The Xercize Studio, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Goldman, Evan) |
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