Esposito et al v. Information Technology, Corp. et al
| July 4 Ever Fireworks, Inc., Vincent Esposito and July 4 Ever Co., Ltd. |
| Information Technology, Corp. and Fireworks Extravaganza, Inc. |
| 7:2019cv02025 |
| March 5, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Trademark |
| 15 U.S.C. § 1125 la |
| Both |
Docket Report
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Filing 18
ORDER: Accordingly, it is hereby ORDERED that, by no later than May 13, 2019, defendants must notify the Court by letter whether (i) they intend to amend their answer and counterclaims in response to plaintiffs' motion to dismiss, or (ii) they will rely on the answer and counterclaims that are the subject of the motion to dismiss. If defendants elect not to amend their answer and counterclaims, the motion will proceed in the regular course, and the Court is unlikely to grant defendants a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in plaintiffs' motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If defendants elect to amend their answer and counterclaims, they must file the amended answer and counterclaims by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, plaintiffs may either (i) file an answer to the amended counterclaims, or (ii) file a motion to dismiss the amended counterclaims, or (iii) notify the Court by letter that they are relying on the initially filed motion. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/2/2019) (mml)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared)
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Filing 16
MOTION to Dismiss . Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. Return Date set for 5/15/2019 at 09:00 AM.(Lefkowitz, Jared)
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Filing 15
ANSWER to #1 Complaint,., COUNTERCLAIM against Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. Document filed by Fireworks Extravaganza, Inc., Information Technology, Corp..(Meth, Michael)
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Filing 14
NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 6-5-19 at 9:15 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. PLAINTIFF, OR COUNSEL FOR PLAINTIFF, SHALL NOTIFY ALL PARTIES, IN WRITING, OF THE CONFERENCE DATE AND TIME, AND PROVIDE ALL PARTIES WITH A COPY OF THIS NOTICE AND THE ATTACHED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER (UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH EVENT COUNSEL FOR THE REMOVING DEFENDANT(S) SHALL PROVIDE SUCH NOTICE TO ALL PARTIES). Initial Conference set for 6/5/2019 at 09:15 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (ama)
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Filing 13
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. Document filed by Information Technology, Corp., Fireworks Extravaganza, Inc.. (Attachments: #1 Rule 7.1 Statement)(Meth, Michael)
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Filing 12
AFFIDAVIT OF SERVICE. Information Technology, Corp. served on 3/25/2019, answer due 4/15/2019. Service was accepted by Ron Bittner, General Agent. Document filed by Vincent Esposito; July 4 Ever Co., Ltd.; July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Information Technology, Corp.. (dnh)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Fireworks Extravaganza, Inc.. (dnh)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Information Technology, Corp., re: #1 Complaint,. Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Fireworks Extravaganza, Inc., re: #1 Complaint,. Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jared Marc Lefkowitz to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information not provided on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Filing 7
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Lefkowitz, Jared)
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Filing 6
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Information Technology Corp., re: #1 Complaint. Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared) Modified on 3/7/2019 (sj).
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Filing 5
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Fireworks Extravaganza, Inc., re: #1 Complaint. Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared) Modified on 3/7/2019 (sj).
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Filing 4
CIVIL COVER SHEET filed. (Lefkowitz, Jared)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jared Marc Lefkowitz. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125; the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jared Marc Lefkowitz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection; Citizenship Plaintiff and Citizenship Defendant codes must only be selected when Jurisdiction Diversity code is selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jared Marc Lefkowitz to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Court name is not on the PDF; each Request for Issuance of Summons must be filed separately OR one PDF may be used with a 'rider' attached if necessary;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jared Marc Lefkowitz 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. (jgo)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Information Technology Corp. and Fireworks Extravaganza, Inc., re: #1 Complaint,. Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Lefkowitz, Jared) Modified on 3/6/2019 (jgo).
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Lefkowitz, Jared) Modified on 3/6/2019 (jgo).
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Filing 1
COMPLAINT against Fireworks Extravaganza, Inc., Information Technology, Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16441275)Document filed by Vincent Esposito, July 4 Ever Co., Ltd., July 4 Ever Fireworks, Inc.. (Attachments: #1 Exhibit A - web page)(Lefkowitz, Jared)
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