199 Delaware Avenue, Inc. v. Lake Effect Artisan Ice Cream, et al
| 199 Delaware Avenue, Inc. |
| LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM, LLC and LAKE EFFECT ICE CREAM HERTEL, LLC |
| 1:2019cv00224 |
| February 21, 2019 |
| US District Court for the Western District of New York |
| Hugh B Scott |
| Elizabeth A Wolford |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on April 19, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 TEXT ORDER REFERRING CASE to Magistrate Judge Hugh B. Scott for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/19/2019. (KM) |
| Filing 27 ANSWER to #19 Answer to Complaint,, Counterclaim, by 199 Delaware Avenue, Inc.. (Attachments: #1 Certificate of Service)(Kloss, Justin) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 26 DECISION AND ORDER denying #7 Motion for Preliminary Injunction. Signed by Hon. Elizabeth A. Wolford on 04/18/2019. (CDH) |
| Filing 25 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Pltf: Justin Kloss, Esq., Erin Gormley, Esq., Vincent LoTempio, Esq., Dft: Larry Kerman, Esq., Ellen Simpson, Esq. Oral Argument re: Plaintiff's motion for preliminary injunction held on 4/17/2019. Court reserved decision. (Court Reporter Karen Bush.) (SDW) |
| Filing 24 TEXT ORDER. The oral argument on Plaintiff's motion for a preliminary injunction (Dkt. 7) currently set for April 17, 2019, at 3:15 p.m. is hereby reset for April 17, 2019, at 2:30 p.m at the United States Courthouse, 2 Niagara Square, Buffalo, NY. Please note that this is a time change only. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/15/2019. (CDH) |
| Filing 23 REPLY/RESPONSE to re #7 MOTION for Preliminary Injunction filed by LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ICE CREAM, LLC. (Attachments: #1 Exhibit Exhibit A to Sur-Reply, #2 Exhibit Exhibit B to Sur-Reply)(Simpson, Ellen) |
| Filing 22 TEXT ORDER re #7 Motion for Preliminary Injunction. At the request of defense counsel, Defendants are granted leave to file a sur-reply of no more than five pages by no later than April 10, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/04/2019. (CDH) |
| Filing 21 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction filed by 199 Delaware Avenue, Inc.. (Attachments: #1 Affidavit Reply Aff. of Justin D. Kloss, #2 Exhibit Kloss Reply Exhibit A, #3 Affidavit Reply Aff. of Vincent G. LoTempio, #4 Exhibit LoTempio Reply Exhibit A, #5 Certificate of Service)(Kloss, Justin) |
Filing 20
ORDER granting Plaintiff's request for an eleven page extension to the memorandum of law to be filed. Signed by Hon. Elizabeth A. Wolford on 4/2/2019. (KM)
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| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 19 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT ICE CREAM WHOLESALE, LLC. (Attachments: #1 Exhibit Exhibit A to Answer)(Simpson, Ellen) |
| Filing 18 CERTIFICATE OF SERVICE by LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ICE CREAM, LLC re #17 Memorandum in Opposition to Motion,,,,,, Amended Certificate of Service (Simpson, Ellen) |
| Filing 17 MEMORANDUM in Opposition re #7 MOTION for Preliminary Injunction filed by LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ICE CREAM, LLC. (Attachments: #1 Declaration Declaration of Ellen S. Simpson, #2 Exhibit Simpson Exhibit A, #3 Exhibit Simpson Exhibit B, #4 Exhibit Simpson Exhibit C, #5 Exhibit Simpson Exhibit D, #6 Exhibit Simpson Exhibit E, #7 Exhibit Simpson Exhibit F, #8 Exhibit Simpson Exhibit G, #9 Exhibit Simpson Exhibit H, #10 Exhibit Simpson Exhibit I, #11 Exhibit Simpson Exhibit J, #12 Exhibit Simpson Exhibit K, #13 Exhibit Simpson Exhibit L, #14 Declaration Declaration of Erik Bernardi, #15 Exhibit Bernardi Exhibit A, #16 Exhibit Bernardi Exhibit B, #17 Exhibit Bernardi Exhibit C, #18 Exhibit Bernardi Exhibit D, #19 Exhibit Bernardi Exhibit E, #20 Exhibit Bernardi Exhibit F, #21 Exhibit Bernardi Exhibit G, #22 Exhibit Bernardi Exhibit H, #23 Exhibit Bernardi Exhibit I, #24 Exhibit Bernardi Exhibit J, #25 Exhibit Bernardi Exhibit K, #26 Exhibit Bernardi Exhibit L, #27 Exhibit Bernardi Exhibit M, #28 Exhibit Bernardi Exhibit N, #29 Exhibit Bernardi Exhibit O, #30 Exhibit Bernardi Exhibit P, #31 Exhibit Bernardi Exhibit Q, #32 Exhibit Bernardi Exhibit R, #33 Exhibit Bernardi Exhibit S, #34 Declaration Declaration of Jason Wulf, #35 Exhibit Wulf Exhibit A, #36 Certificate of Service Certificate of Service 03-20-2019)(Simpson, Ellen) |
| Filing 16 Corporate Disclosure Statement by LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ICE CREAM, LLC. (Simpson, Ellen) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 15 AMENDED NOTICE of Appearance by Larry Kerman on behalf of All Defendants (Kerman, Larry) Modified on 3/8/2019 (KM). |
| Filing 14 NOTICE of Appearance by Ellen Swartz Simpson on behalf of All Defendants (Simpson, Ellen) |
| Filing 13 NOTICE of Appearance by Ellen Swartz Simpson on behalf of All Defendants (Simpson, Ellen) |
| Filing 12 TEXT ORDER. Upon Defendants' request, made with the consent of Plaintiff, the deadlines in this case are reset as follows: Defendants' Answer to Plaintiff's Complaint shall be filed on or before March 29, 2019. Defendants' response in opposition to Plaintiff's motion for a preliminary injunction shall be filed on or before March 20, 2019. Plaintiff's reply shall be filed on or before April 2, 2019. Oral argument is rescheduled for April 17, 2019, at 3:15 p.m. at the United States Courthouse, 2 Niagara Square, Buffalo, New York. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/06/2019. (CDH) |
| Filing 11 CERTIFICATE OF SERVICE by 199 Delaware Avenue, Inc. re #10 Scheduling Order,, (Kloss, Justin) |
| Filing 10 MOTION SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)any papers in opposition to Plaintiff's motion must be filed on or before 3/15/2019. Any replies in further support of Plaintiff's motion must be filed on or before 3/22/2019. Oral Argument set for Friday, 4/5/2019, at 2:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY before Hon. Elizabeth A. Wolford. Signed by Hon. Elizabeth A. Wolford on 2/25/2019. (KM) |
| Filing 9 CERTIFICATE OF SERVICE by 199 Delaware Avenue, Inc. re #1 Complaint, #4 Summons Issued, #7 MOTION for Preliminary Injunction , #2 Continuation of Exhibits (Kloss, Justin) |
| Filing 8 Case reassigned to Hon. Elizabeth A. Wolford. Hon. Lawrence J. Vilardo no longer assigned to the case. (KM) |
| Filing 7 MOTION for Preliminary Injunction by 199 Delaware Avenue, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit S. Tucker Curtin, #3 Exhibit Curtin Exhibit A, #4 Exhibit Curtin Exhibit B, #5 Exhibit Curtin Exhibit C, #6 Exhibit Curtin Exhibit D, #7 Exhibit Curtin Exhibit E, #8 Affidavit Dennis M. Adams, #9 Exhibit Adams Exhibit A, #10 Exhibit Adams Exhibit B, #11 Exhibit Adams Exhibit C, #12 Exhibit Adams Exhibit D, #13 Exhibit Adams Exhibit E, #14 Exhibit Adams Exhibit F, #15 Affidavit Justin D. Kloss, #16 Exhibit Kloss Exhibit A, #17 Exhibit Kloss Exhibit B, #18 Exhibit Kloss Exhibit C, #19 Exhibit Kloss Exhibit D, #20 Exhibit Kloss Exhibit E, #21 Exhibit Kloss Exhibit F, #22 Exhibit Kloss Exhibit G, #23 Exhibit Kloss Exhibit H, #24 Plaintiff's List of Proposed Witnesses and Exhibits Pursuant to Local Rule 65(A)(4), #25 Text of Proposed Order)(Kloss, Justin) |
| Filing 6 TEXT ORDER. The Hon. Lawrence J. Vilardo hereby recuses himself in this matter. The Clerk of Court is hereby requested to assign this case to another United States District Judge. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/23/2019. (CMD)-CLERK TO FOLLOW UP- |
| Filing 5 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 complaint)(KM) |
| Filing 4 Summons Issued as to LAKE EFFECT ARTISAN ICE CREAM, LAKE EFFECT CANAL STREET, LLC, LAKE EFFECT ICE CREAM HERTEL, LLC, LAKE EFFECT ICE CREAM WHOLESALE, LLC, LAKE EFFECT ICE CREAM, LLC. (KM) (Main Document 4 replaced on 2/22/2019) (KM). |
| Filing 3 Corporate Disclosure Statement by 199 Delaware Avenue, Inc.. (Kloss, Justin) |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
| E-Filing Notification regarding #4 Summons Issued. Main Document 4 replaced with completed summonses. (KM) |
| Filing 2 CONTINUATION OF EXHIBITS by 199 Delaware Avenue, Inc.. to #1 Complaint, Request for Issuance of Summons filed by 199 Delaware Avenue, Inc.. (Kloss, Justin) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3368655, filed by 199 Delaware Avenue, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Kloss, Justin) |
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