Lacrosse Unlimited, Inc. v. US Lacrosse, Inc.
| Lacrosse Unlimited, Inc. |
| US Lacrosse, Inc. |
| 1:2024cv01607 |
| March 1, 2024 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Trademark |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Both |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE granting #26 MOTION for Mary Grace Gallagher to Appear Pro Hac Vice.The motion of Mary Grace Gallagher, Georgia Bar No. 121954, for admission to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Judge John P. Cronan on 4/29/2024) (jca)
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| Filing 26 MOTION for Mary Grace Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29276993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lacrosse Unlimited, Inc.. (Attachments: #1 Affidavit of Mary Grace Gallagher, #2 Exhibit Certificate of Good Standing, #3 Proposed Order - Proposed Order).(Gallagher, Mary) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Mary Grace Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29276993. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Reset Hearings: Settlement Conference was scheduled for April 30, 2024. It is now rescheduled to May 2, 2024, at 2:00 PM to be held remotely before Magistrate Judge Robyn F. Tarnofsky. The Courtroom Deputy will send counsel the video conference details. The parties were instructed to complete the Ex Parte Settlement Conference Summary Report and prepare pre-conference submissions in accordance with my Individual Rules of Practice. Pre-conference submissions must be received no later than April 26, 2024, at 5:00 p.m. (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/26/2024) (ah) |
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Filing 25
ORDER: A settlement conference is scheduled for Tuesday, April 30, 2024 at 2:00 p.m. in Courtroom 9B at 500 Pearl Street, New York, NY, 10007. If this date is not convenient for the parties, counsel should e-mail my chambers at TarnofskyNYSDChambers@nysd.uscourts.gov by April 25, 2024, to propose three alternative dates and times for the settlement conference during the week of April 29, 2024. The parties are instructed to complete the Ex Parte Settlement Conference Summary Report and prepare pre-conference submissions in accordance with my Individual Rules of Practice. Pre-conference submissions must be received no later than April 26, 2024, at 5:00 p.m. ( Settlement Conference set for 4/30/2024 at 02:00 PM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/22/2024) (ate)
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 4/19/2024. (ah) |
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Filing 23
ORDER: A telephone conference is scheduled for Friday, April 19, 2024, at 3:00 PM, in advance of a settlement conference. Counsel are directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code 523 687 865#. If counsel are not available at this date and time, please jointly confer and email four dates of availability to TarnofskyNYSDChambers@nysd.uscourts.gov within 48 hours of this order. ( Telephone Conference set for 4/19/2024 at 03:00 PM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/10/2024) (ate)
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robyn F. Tarnofsky. SO ORDERED. (Signed by Judge John P. Cronan on 4/10/2024) (jca)
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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. Depositions shall be completed by October 16, 2024. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial 2-3 days. Motions due by 5/1/2024. Deposition due by 12/16/2024. Fact Discovery due by 10/30/2024. Expert Discovery due by 12/16/2024. Discovery due by 12/16/2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 4/10/2024) (jca)
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| Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by US Lacrosse, Inc.. (Attachments: #1 Exhibit Case Management Plan and Scheduling Order).(Karev, Gili) |
| Filing 19 ANSWER to #14 Counterclaim. Document filed by Lacrosse Unlimited, Inc...(McArdle, Christopher) |
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Filing 18
ORDER granting #17 Motion for GILI KAREV to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 FIRST MOTION for GILI KAREV 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. (rju) |
| Filing 17 FIRST MOTION for GILI KAREV to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Lacrosse, Inc.. (Attachments: #1 Affidavit Gili Karev Affidavit Pro Hac Vice, #2 Exhibit Gili Karev Certificate of Standing California Supreme Court, #3 Proposed Order Gili Pro Hac Vice Proposed Order).(Karev, Gili) |
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Filing 16
ORDER: Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/10/2024 at 11:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 3/14/2024) (jca)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Gili Karev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29080196. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Lacrosse, Inc.. (Attachments: #1 Affidavit Gili Karev Pro hac vice Affidavit, #2 Proposed Order Gili Karev Pro hac vice Proposed Order, #3 Exhibit Gili Karev Certificate of Standing).(Karev, Gili) Modified on 3/14/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 FIRST MOTION for Gili Karev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29080196. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) |
| Filing 14 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by US Lacrosse, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Koonce, Lacy) |
| Filing 13 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by US Lacrosse, Inc...(Koonce, Lacy) |
| Filing 12 NOTICE OF APPEARANCE by Christopher Louis McArdle on behalf of Lacrosse Unlimited, Inc...(McArdle, Christopher) |
| Filing 11 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)..(vba) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:23-cv-08579. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John P. Cronan. 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..(vba) |
| Magistrate Judge Robyn F. Tarnofsky 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. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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ORDER DISMISSING CASE: The parties' stipulation to transfer this action to the Southern District of New York is so-ordered. ECF No. #9 . The Clerk is directed to close this case. So Ordered by Judge Nusrat Jahan Choudhury on 1/16/2024. (GO) Modified on 2/21/2024- due to a behind the scenes transfer error, the order was deleted and re-docketed correctly. [Transferred from New York Eastern on 3/1/2024.]
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| Case electronically transferred to the Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (GO) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 9 STIPULATION to transfer venue by US Lacrosse, Inc. (Koonce, Lacy) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 8 Proposed Scheduling Order by Lacrosse Unlimited, Inc. (Perrin, Wade) [Transferred from New York Eastern on 3/1/2024.] |
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held January 18, 2024 at 12:30 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than January 11, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 12/13/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF) [Transferred from New York Eastern on 3/1/2024.]
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ORDER granting #6 Motion for Extension of Time to Answer. Defendant's time within which to respond to the complaint is hereby extended to and including January 16, 2024. So Ordered by Magistrate Judge James M. Wicks on 12/13/2023. (Wicks, James) [Transferred from New York Eastern on 3/1/2024.]
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| Filing 6 First MOTION for Extension of Time to File Answer to Complaint by US Lacrosse, Inc.. (Koonce, Lacy) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 5 NOTICE of Appearance by Lacy H. Koonce on behalf of US Lacrosse, Inc. (aty to be noticed) (Koonce, Lacy) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 4 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Attached Complaint) (CL) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 3 Summons Issued as to US Lacrosse, Inc.. (CL) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) [Transferred from New York Eastern on 3/1/2024.] |
| This attorney case opening filing has been checked for quality control. (CL) [Transferred from New York Eastern on 3/1/2024.] |
| Case Assigned to Judge Nusrat Jahan Choudhury and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) [Transferred from New York Eastern on 3/1/2024.] |
| Filing 1 COMPLAINT for Declaratory Judgment of Non-Infringement and Cancellation of Registrations against US Lacrosse, Inc. filing fee $ 402, receipt number ANYEDC-17298787 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Lacrosse Unlimited, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Report on the Filing or Determination of an Action regarding a Patent or Trademark, #4 Exhibit 1 - A true and correct collection of images from Lacrosse Unlimiteds catalogs showing use of the USA LACROSSE phrase, #5 Exhibit 2 - A true and correct copy of a PowerPoint presentation annotated by US Lacrosse, Inc., #6 Exhibit 3 - A true and correct collection of webpages showing third-party usage of the USA LACROSSE phrase) (Perrin, Wade) [Transferred from New York Eastern on 3/1/2024.] |
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