1724982 Alberta ULC v. Park Avenue Wholesale, Inc.
| 1724982 Alberta ULC |
| Park Avenue Wholesale, Inc. |
| 1:2021cv00834 |
| July 21, 2021 |
| US District Court for the Western District of New York |
| Buffalo Office |
| H Kenneth Schroeder |
| John L Sinatra |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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Filing 34
Stipulation-Selection of Mediator by 1724982 Alberta ULC. (Glasgow, Joshua)
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Filing 33
CASE MANAGEMENT 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.) Mandatory Disclosures due by 9/10/2021; Stipulation of Selection of Mediator due by 9/17/2021; Motions to Join Parties/Amend Pleadings due by 10/20/2021; First Mediation Session due by 11/12/2021; Motions to Compel Discovery due by 2/15/2022; Discovery completed by 2/25/2022; Plaintiff Expert Witness ID due by 3/31/2022; Defendant Expert Witness ID due by 5/31/2022; Dispositive Motions due by 7/31/2022; Mediation To End by 8/19/2022. Signed by Hon. H. Kenneth Schroeder Jr. on 9/7/2021. (LMG)
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Filing 32
Letter filed by 1724982 Alberta ULC as to Park Avenue Wholesale, Inc. enclosing a proposed scheduling order. (Attachments: #1 Proposed scheduling order)(Glasgow, Joshua)
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Filing 31
NOTICE of Appearance by Joshua Scott Glasgow on behalf of 1724982 Alberta ULC (Glasgow, Joshua)
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Filing 30
NOTICE of Appearance by Kenneth A. Manning on behalf of 1724982 Alberta ULC (Manning, Kenneth)
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Filing 29
ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 7/23/21. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
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Filing 28
TEXT ORDER REFERRING CASE to Magistrate Judge Schroeder for all pretrial matters, excluding dispositive motions. See 28 U.S.C. 636(b)(1)(A); Fed. R. Civ. P. 72(a). The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from Magistrate Judge Schroeder or the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/22/2021. (KLH)
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Filing 27
Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 Complaint) (CGJ)
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Filing 26
Case transferred in from District of New York Southern; Case Number 1:21-cv-04343.
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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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. (CGJ)
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Filing 25
MEMORANDUM OPINION AND ORDER re: #13 MOTION to Transfer Case . filed by Park Avenue Wholesale, Inc. After weighing the factors set forth above, the Court concludes that Defendant has met its burden of demonstrating by clear and convincing evidence that transfer is appropriate. Of the nine factors that the Court has considered, none weigh against transfer and several weigh in its favor. The Court concludes that transferring this case to the Western District would serve the interests of justice. Accordingly, Defendant's motion to transfer venue to the U.S. District Court for the Western District of New York is GRANTED.The Clerk of Court is directed to terminate the motion pending at Dkt. No. 13 and to transfer this case to the Western District of New York without delay.SO ORDERED. (Signed by Judge Gregory H. Woods on 7/20/21) (yv) [Transferred from nysd on 7/21/2021.]
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Filing 24
DECLARATION of Bruce R. Ewing in Support re: #13 MOTION to Transfer Case .. Document filed by Park Avenue Wholesale, 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).(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 23
REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Transfer Case . . Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 22
DECLARATION of Ryan Sainsott in Opposition re: #13 MOTION to Transfer Case .. Document filed by 1724982 Alberta ULC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 21
DECLARATION of Diane Gorczyca in Opposition re: #13 MOTION to Transfer Case .. Document filed by 1724982 Alberta ULC. (Attachments: #1 Exhibit A).(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 20
MEMORANDUM OF LAW in Opposition re: #13 MOTION to Transfer Case . . Document filed by 1724982 Alberta ULC..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 19
NOTICE OF APPEARANCE by Diane T. Gorczyca on behalf of 1724982 Alberta ULC..(Gorczyca, Diane) [Transferred from nysd on 7/21/2021.]
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Filing 18
LETTER addressed to Judge Gregory H. Woods from Edmund J. Ferdinand, III dated 06/11/2011 re: Dkt # 17 Stating Intention to Oppose Motion to Transfer Case to WDNY. Document filed by 1724982 Alberta ULC..(Ferdinand, Edmund) [Transferred from nysd on 7/21/2021.]
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Filing 17
ORDER. On June 8, 2021, Defendant filed a motion to transfer this case to the Western District of New York. Dkt. No. 13. Plaintiff is directed to file a letter with the Court no later than June 11, 2021 stating whether he consents to the transfer. In the event Plaintiff does not consent, Plaintiffs opposition to the motion is due no later than June 22, 2021; Defendants reply, if any, is due no later than seven days following service of Plaintiffs opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) [Transferred from nysd on 7/21/2021.]
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Filing 16
MEMORANDUM OF LAW in Support re: #13 MOTION to Transfer Case . . Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 15
DECLARATION of Todd Andolino in Support re: #13 MOTION to Transfer Case .. Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 14
DECLARATION of Bruce R. Ewing in Support re: #13 MOTION to Transfer Case .. Document filed by Park Avenue Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 13
MOTION to Transfer Case . Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 12
ANSWER to #8 Complaint with JURY DEMAND. Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Park Avenue Wholesale, Inc...(Ewing, Bruce) [Transferred from nysd on 7/21/2021.]
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Park Avenue Wholesale, Inc. served on 5/18/2021, answer due 6/8/2021. Service was accepted by Sue Zouky, authorized person in Corporate Division of NY Dept. of State. Document filed by 1724982 Alberta ULC..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 9
NOTICE OF APPEARANCE by Edmund John Ferdinand, III on behalf of 1724982 Alberta ULC..(Ferdinand, Edmund) [Transferred from nysd on 7/21/2021.]
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Filing 8
COMPLAINT against Park Avenue Wholesale, Inc.. Document filed by 1724982 Alberta ULC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 7
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). (vf) [Transferred from nysd on 7/21/2021.]
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Park Avenue Wholesale, Inc.. (vf) [Transferred from nysd on 7/21/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Rudolf Malbin to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error, signature of the ECF filing attorney user not provided. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) [Transferred from nysd on 7/21/2021.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(vf) [Transferred from nysd on 7/21/2021.]
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Rudolf Malbin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44 Trademark Infringement; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114 Trademark Infringement (Lanham Act); the County code has been modified to XX Out of U.S. (vf) [Transferred from nysd on 7/21/2021.]
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Magistrate Judge Sarah L. Cave 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. (vf) [Transferred from nysd on 7/21/2021.]
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Case Designated ECF. (vf) [Transferred from nysd on 7/21/2021.]
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Filing 5
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Iconix Brand Group Inc. for 1724982 Alberta ULC. Document filed by 1724982 Alberta ULC..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Park Avenue Wholesale, Inc., re: #1 Complaint. Document filed by 1724982 Alberta ULC..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 2
CIVIL COVER SHEET filed..(Malbin, Alexander) [Transferred from nysd on 7/21/2021.]
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Park Avenue Wholesale, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24537826)Document filed by 1724982 Alberta ULC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Malbin, Alexander) Modified on 5/14/2021 (vf). [Transferred from nysd on 7/21/2021.]
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