NES Baseball & Softball Facility, Inc. v. Northeast Angels Softball, LLC et al
| NES Baseball & Softball Facility, Inc. New York corporation doing business as Northeast Supreme and NES Baseball & Softball Facility, Inc. doing business as Northeast Supreme |
| Northeast Angels Softball, LLC, Alexandra Yoffee and Joel Yoffee |
| NES Baseball & Softball Facility, Inc. |
| 7:2022cv09158 |
| October 25, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 25
ANSWER to #23 Counterclaim. Document filed by NES Baseball & Softball Facility, Inc...(Seelinger, Christopher)
|
|
Filing 24
OPINION & ORDER: For the reasons stated above, Plaintiff's application for a preliminary injunction is DENIED in Part and GRANTED in part. Specifically, it is hereby ORDERED that Defendants are enjoined forthwith from: using any reproduction, counterfeit, copy, or colorable imitation of Plaintiff's Marks to identify any goods or services not authorized by Plaintiff; using any of Plaintiff's Marks including, without limitation, Plaintiff's Marks, or any other marks that are confusingly or substantially similar to Plaintiff's Marks, on or in connection with Defendants' advertising, marketing, promoting, distributing, displaying, selling, dealing in, or otherwise participating in sporting events, goods, services, or entities bearing Plaintiff's marks; and reproducing, counterfeiting, copying, or colorably imitating Plaintiff's Marks and applying such reproductions, counterfeits, copies, or colorable imitations to digital images, labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or service. The Court has considered all the arguments raised by the parties, and those arguments not specifically addressed are without merit. (Signed by Judge Nelson Stephen Roman on 12/2/2022) (ate)
|
|
Filing 23
ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Alexandra Yoffee, Northeast Angels Softball, LLC, Joel Yoffee..(Olear, Conrad)
|
|
Filing 22
STIPULATION EXTENDING TIME TO FILE RESPONSIVE PLEADING: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties that the time for Defendants', Northeast Angels Softball LLC., Alexandra Yoffee and Joel Yoffee, to answer, move or otherwise respond to the Complaint in this action be and hereby is extended from November 25, 2022 to November 30, 2022. The parties request for an extension is GRANTED. Defendants are granted leave to answer, move or otherwise respond to the Complaint on or before November 30, 2022. SO ORDERED. Northeast Angels Softball, LLC answer due 11/30/2022; Alexandra Yoffee answer due 11/30/2022; Joel Yoffee answer due 11/30/2022.( Motions due by 11/30/2022.) (Signed by Judge Nelson Stephen Roman on 11/23/2022) (ate)
|
|
Filing 21
NOTICE of Stipulation Extending Time to File Responsive Pleading. Document filed by Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee..(Olear, Conrad)
|
|
Minute Entry for proceedings held before Judge Nelson Stephen Roman: Show Cause Hearing held on 11/16/2022. Plaintiff's counsel Christopher Seelinger is present. Defendants' counsel Conrad Olear is present. Court reporter is Angela ODonnell. Oral argument held. The Court reserves decision. See transcript. (Court Reporter Angela O'Donnell) (gs)
|
|
Filing 20
REPLY AFFIDAVIT of Dave Fierro in Support re: #18 Reply Memorandum of Law in Oppisition. Document filed by NES Baseball & Softball Facility, Inc...(Seelinger, Christopher)
|
|
Filing 19
REPLY AFFIDAVIT of Mike Monico in Support re: #18 Reply Memorandum of Law in Oppisition. Document filed by NES Baseball & Softball Facility, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Seelinger, Christopher)
|
|
Filing 18
REPLY MEMORANDUM OF LAW in Opposition re: #14 Memorandum of Law in Opposition, . Document filed by NES Baseball & Softball Facility, Inc...(Seelinger, Christopher)
|
|
Filing 17
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #14 Memorandum of Law in Opposition, . Document filed by NES Baseball & Softball Facility, Inc.. (Attachments: #1 Affidavit in Support of Order to Show Cause, #2 Exhibit A to Declaration of Mike Monico, #3 Exhibit B to Declaration of Mike Monico, #4 Exhibit C to Declaration of Mike Monico, #5 Exhibit D to Declaration of Mike Monico, #6 Exhibit E to Declaration of Mike Monico, #7 Exhibit F to Declaration of Mike Monico, #8 Exhibit G to Declaration of Mike Monico, #9 Affidavit in Support of Order to Show Cause).(Seelinger, Christopher) Modified on 11/16/2022 (kj).
|
|
Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - BRIEF re: #14 Memorandum of Law in Opposition, . Document filed by NES Baseball & Softball Facility, Inc...(Seelinger, Christopher) Modified on 11/16/2022 (kj).
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher Seelinger to RE-FILE Document #17 Brief,,. Use the event type Other Answers found under the event list Reply Memorandum of Law in Opposition (non-motion); Declaration (non-motion). Opposing Documents are filed separately, each receiving their own document #. (kj)
|
|
Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Northeast Angels Softball, LLC. (Attachments: #1 Supplement Rule 7.1 Statement).(Olear, Conrad)
|
|
Filing 14
MEMORANDUM OF LAW in Opposition re: #10 Order to Show Cause,,, #13 Order to Show Cause,,, of Defendants. Document filed by Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Supplement Certification of Alexandra Yoffee, #4 Supplement Certification of Joel Yoffee).(Olear, Conrad)
|
|
Filing 13
AMENDED ORDER TO SHOW CAUSE: Plaintiffs counsel of record, Paul Grossman, Esq., submitted an Order to Show Cause, dated and entered November 4, 2022, with supporting papers to this Court to show cause for a Preliminary Injunction and Temporary Restraining Order. This Court scheduled a Show Cause Hearing for November 17, 2022, at 10:30 am. In light of a scheduling conflict for Defendants' counsel, this Court amends the November 4, 2022 Order to Show Cause. It is hereby ORDERED that the Show Cause Hearing has been advanced, with the parties' consent, to November 16, 2022 to at 4:30 pm. SO ORDERED. Show Cause Hearing set for 11/16/2022 at 04:30 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 11/9/2022) (kv)
|
|
Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. Northeast Angels Softball, LLC served on 11/3/2022, answer due 11/25/2022; Alexandra Yoffee served on 11/3/2022, answer due 11/25/2022; Joel Yoffee served on 11/3/2022, answer due 11/25/2022. Document filed by NES Baseball & Softball Facility, Inc...(Seelinger, Christopher)
|
|
Filing 11
NOTICE OF APPEARANCE by Conrad Michael Olear on behalf of Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee..(Olear, Conrad)
|
|
Filing 10
ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED, that the above named Defendants show cause before of this Court, at Room 218, United States Courthouse, 300 Quarropas Street, in the City of White Plains, County of Westchester, and State of New York, on November 17, 2022, at 10:30 o'clock in the AM. ORDERED that Plaintiff shall be required to post a bond of $10,000 with The Clerk of Court required to post a bond. And as set forth herein. SO ORDERED. Show Cause Hearing set for 11/17/2022 at 10:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. Show Cause Response due by 11/14/2022. (Signed by Judge Nelson Stephen Roman on 11/04/2022) (ama) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing 9
NOTICE OF APPEARANCE by Christopher John Seelinger on behalf of NES Baseball & Softball Facility, Inc...(Seelinger, Christopher)
|
|
Filing 8
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)..(jgo)
|
|
Filing 7
ELECTRONIC SUMMONS ISSUED as to Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee..(jgo)
|
|
Filing 6
BRIEF re: #5 Proposed Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction Hearing. Document filed by NES Baseball & Softball Facility, Inc...(Grossman, Paul)
|
|
Filing 5
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by NES Baseball & Softball Facility, Inc.. Related Document Number: #1 ..(Grossman, Paul) Proposed Order to be reviewed by Clerk's Office staff.
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(jgo)
|
|
Case Designated ECF. (jgo)
|
|
Magistrate Judge Paul E. Davison 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. (jgo)
|
|
***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #5 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee, re: #1 Complaint,. Document filed by NES Baseball & Softball Facility, Inc...(Grossman, Paul)
|
|
Filing 3
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Grossman, Paul)
|
|
Filing 2
CIVIL COVER SHEET filed..(Grossman, Paul)
|
|
Filing 1
COMPLAINT against Northeast Angels Softball, LLC, Alexandra Yoffee, Joel Yoffee. (Filing Fee $ 402.00, Receipt Number ANYSDC-26870830)Document filed by NES Baseball & Softball Facility, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Grossman, Paul)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
