South City Prime Montvale, LLC v. Fire & Oak Wood Burning Kitchen LLC et al
| South City Prime Montvale, LLC d/b/a Fire & Oak and South City Prime Montvale, LLC doing business as Fire & Oak |
| Fire & Oak Wood Burning Kitchen LLC Fire & Oak Wood Burning Kitchen LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar, Fire & Oak Wood Burning Kitchen II, LLC Fire & Oak Wood Burning Kitchen II, LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar, Fire & Oak Wood Burning Kitchen & Grill LLC Fire & Oak Wood Burning Kitchen & Grill LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar, Fire & Oak Wood Burning Kitchen LLC doing business as Fire & Oak Wood Burning Kitchen & Bar, Fire & Oak Wood Burning Kitchen II, LLC doing business as Fire & Oak Wood Burning Kitchen & Bar and Fire & Oak Wood Burning Kitchen & Grill LLC doing business as Fire & Oak Wood Burning Kitchen & Bar |
| 7:2023cv00138 |
| January 6, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 16
STIPULATION EXTENDING THE TIME TO RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys of record for Plaintiff South City Prime Montvale, LLC d/b/a FIRE & OAK and Defendants, Fire & Oak Wood Burning Kitchen LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar, Fire & Oak Wood Burning Kitchen II, LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar, and Fire & Oak Wood Burning Kitchen & Grill LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar ("Defendants"), that the time for Defendants to answer, move or otherwise respond to the Complaint be, and hereby is, extended to and including March 16, 2023. It is further stipulated and agreed that Defendants hereby waive all personal jurisdiction defenses. SO ORDERED. Fire & Oak Wood Burning Kitchen & Grill LLC answer due 3/16/2023; Fire & Oak Wood Burning Kitchen II, LLC answer due 3/16/2023; Fire & Oak Wood Burning Kitchen LLC answer due 3/16/2023. (Signed by Judge Nelson Stephen Roman on 2/13/2023) (ate)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by South City Prime Montvale, LLC..(Yellin, Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fire & Oak Wood Burning Kitchen & Grill LLC served on 1/24/2023, answer due 2/14/2023. Service was accepted by Matthew Calvy, Authorized Agent. Document filed by South City Prime Montvale, LLC..(Kulp, Krista) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fire & Oak Wood Burning Kitchen II, LLC served on 1/24/2023, answer due 2/14/2023. Service was accepted by Matthew Calvy, Authorized Agent. Document filed by South City Prime Montvale, LLC..(Kulp, Krista) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fire & Oak Wood Burning Kitchen LLC served on 1/24/2023, answer due 2/14/2023. Service was accepted by Matthew Calvy, Authorized Agent. Document filed by South City Prime Montvale, LLC..(Kulp, Krista) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Fire & Oak Wood Burning Kitchen & Grill LLC, Fire & Oak Wood Burning Kitchen II, LLC, Fire & Oak Wood Burning Kitchen LLC. (sj) |
| 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)..(sj) |
| Filing 9 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Kulp, Krista) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to FIRE & OAK WOOD BURNING KITCHEN LLC D/B/A FIRE & OAK WOOD BURNING KITCHEN & BAR, FIRE & OAK WOOD BURNING KITCHEN II, LLC D/B/A FIRE & OAK WOOD BURNING KITCHEN & BAR, and FIRE & OAK WOOD BURNING KITCHEN & GRILL LLC D/B/A FIRE & OAK WOOD BURNING KITCHEN & BAR, re: #1 Complaint,. Document filed by South City Prime Montvale, LLC..(Kulp, Krista) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Krista Kulp to RE-FILE Document No. The filing is deficient for the following reason(s): Parties as to whom the summons request is for must be listed in docket entry. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Krista Kulp to RE-FILE re: Document No. #5 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; the Patent or Trademark Number field on the AO 120 Patent/Trademark form was not completed by the attorney; no attachment is included, Trademark information must be listed. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form Do not re-file the form. The Court has corrected the deficiency/deficiencies.. (sj) |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - AS TO - REQUEST FOR ISSUANCE OF SUMMONS as to See Addendum, re: #1 Complaint. Document filed by South City Prime Montvale, LLC..(Kulp, Krista) Modified on 1/11/2023 (sj). |
| Filing 6 NOTICE OF APPEARANCE by Krista Kulp on behalf of South City Prime Montvale, LLC..(Kulp, Krista) |
| Filing 5 FILING ERROR - DEFICIENT AO 120 FORM TRADEMARK - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Kulp, Krista) Modified on 1/11/2023 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Michael R. Yellin to RE-FILE Document No. #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (gp) |
| 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..(gp) |
| Magistrate Judge Andrew E. Krause 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) Modified on 1/9/2023 (gp). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by South City Prime Montvale, LLC d/b/a Fire & Oak..(Yellin, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Yellin, Michael) |
| Filing 1 COMPLAINT against Fire & Oak Wood Burning Kitchen & Grill LLC, Fire & Oak Wood Burning Kitchen II, LLC, Fire & Oak Wood Burning Kitchen LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27171158)Document filed by South City Prime Montvale, LLC d/b/a Fire & Oak. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C).(Yellin, Michael) |
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| Plaintiff: South City Prime Montvale, LLC d/b/a Fire & Oak | |
| Represented By: | Michael R. Yellin |
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| Plaintiff: South City Prime Montvale, LLC doing business as Fire & Oak | |
| Represented By: | Krista Kulp |
| Represented By: | Michael R. Yellin |
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| Defendant: Fire & Oak Wood Burning Kitchen LLC Fire & Oak Wood Burning Kitchen LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar | |
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| Defendant: Fire & Oak Wood Burning Kitchen II, LLC Fire & Oak Wood Burning Kitchen II, LLC d/b/a Fire & Oak Wood Burning Kitchen & Bar | |
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