Tentandtable.com, LLC et al v. Aljibouri et al
| Tentandtable.com, LLC and Zoom Blowers, LLC |
| Mohammed Aljibouri, Jason Chebat, Bouncyhop.com, LLC, Christopher Gerrid, Michael Grochala, Paul Michael, Dhiyaa Aljibouri, US Express Logistics, LLC, John Doe and XXX, LLC |
| 1:2022cv00078 |
| January 26, 2022 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| Lawrence J Vilardo |
| Racketeer/Corrupt Organization |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 27
TEXT ORDER re: #26 Notice of Withdrawal of Motions filed by the plaintiffs. The plaintiffs' motion for a temporary restraining order and preliminary injunction, Docket Item #7 , and motion for an expedited hearing, Docket Item #8 , are withdrawn. In light of the withdrawal of these motions, the status conference scheduled for March 18, 2022, at 9:30 A.M. before Hon. Lawrence J. Vilardo is cancelled. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/17/2022. (EK)
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Filing 26
NOTICE by Tentandtable.com, LLC re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #8 MOTION to Expedite Hearing Notice of Withdrawal of Motions (Guglielmi, Mark)
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Filing 25
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Christopher G. Stymus on March 5, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 24
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects served on Red Stag Fulfillment, LLC on March 2, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 23
Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances via Zoom: Mark E. Guglielmi, Esq. on behalf of plaintiffs; Caitlin E. O'Neil, Esq. on behalf of defendants Mohammed Aljibouri, Chebat, and Bouncyhop.com.Discovery Hearing held on 3/11/2022. Plaintiff's counsel advised the Court that he will be moving to withdraw #7 Motion for Temporary Restraining Order and Preliminary Injunction which as a result will render this discovery hearing moot. The Court acknowledged such request and directed plaintiff's counsel to file notice on the record. (Court Reporter ZoomGov.) (RAZ)NOTE: The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting any part of this hearing in whole or in part in any fashion. Violation of this Court's Order could be deemed a contempt of Court.
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Filing 22
Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances via Zoom: Mark E. Guglielmi, Esq. on behalf of plaintiffs; Jennifer C. Persico, Esq. and Caitlin E. O'Neil, Esq. on behalf of defendants Mohammed Aljibouri, Chebat, and Bouncyhop.com.Status Conference held on 3/3/2022. Discussion held regarding discovery issues. Further Discovery Hearing via Zoom set for 3/11/2022 01:00 PM before Hon. Michael J. Roemer. (Court Reporter ZoomGov.) (RAZ) Modified on 3/4/2022 (RAZ).NOTE: The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting any part of this hearing in whole or in part in any fashion. Violation of this Court's Order could be deemed a contempt of Court.
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Filing 21
Corporate Disclosure Statement by Mohammed Aljibouri, Bouncyhop.com, LLC, Jason Chebat. (O'Neil, Caitlin)
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Filing 20
TEXT ORDER. Status Conference via Zoom for 3/3/2022 3:00 PM before Hon. Michael J. Roemer. This conference has been scheduled per the informal request of the parties. SO ORDERED. Issued by Hon. Michael J. Roemer on 2/28/2022. (RAZ)
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Filing 19
NOTICE by Tentandtable.com, LLC of Intent to Serve Subpoenas (Attachments: #1 Exhibit Subponea, #2 Exhibit Subpoena, #3 Exhibit Subpoena)(Guglielmi, Mark)
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Filing 18
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on US Express Logistics, LLC on February 15, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 17
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Michael Grochala on February 17, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 16
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Dhiyaa Aljibouri on February 15, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 15
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Mohammed Aljibouri on February 17, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 14
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re: Motion for Temporary Restraining Order and Preliminary Injunction held on 2/18/2022. Following discussion, Court directed Attorney Guglielmi to submit a proposed TRO to defendants by 2/25/2022. If defendants disagree, their response is due by 3/4/2022. Court granted defendants a one month extension of time to file their Answer. Case will be referred to a Magistrate Judge for discovery. Further Status Conference set for 3/18/2022 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances. For plaintiffs: Mark E. Guglielmi. For defendants Mohammed Aljibouri, Bouncyhop.com, LLC, and Jason Chebat: Caitlin E. O'Neil and Jennifer C. Persico. (Court Reporter Ann M. Sawyer.) (CMD)
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Filing 13
TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/18/2022. (CMD)
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Filing 12
MOTION for Extension of Time to File Answer re #1 Complaint,,,,, by Mohammed Aljibouri, Bouncyhop.com, LLC, Jason Chebat. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(O'Neil, Caitlin)
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Filing 11
NOTICE of Appearance by Jennifer C. Persico on behalf of Mohammed Aljibouri, Bouncyhop.com, LLC, Jason Chebat (Persico, Jennifer)
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Filing 10
NOTICE of Appearance by Caitlin Elizabeth O'Neil on behalf of Mohammed Aljibouri, Bouncyhop.com, LLC, Jason Chebat (O'Neil, Caitlin)
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Filing 9
TEXT ORDER re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Tentandtable.com, LLC, Zoom Blowers, LLC. Status Conference set for 2/18/2022 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/15/2022. (CMD)
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Filing 8
MOTION to Expedite Hearing by Tentandtable.com, LLC, Zoom Blowers, LLC. (Attachments: #1 Declaration of Mark E. Guglielmi, Esq., #2 Exhibit A (Motion for Preliminary Injunction and Temporary Restraining Order), #3 Exhibit B (Letter to Defendants), #4 Proposed Order for Expedited Hearing)(Guglielmi, Mark)
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Filing 7
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Tentandtable.com, LLC, Zoom Blowers, LLC. (Attachments: #1 Declaration of Mark E. Guglielmi, Esq., #2 Exhibit A (Complaint), #3 Declaration of Brett Begley, #4 Exhibit A (IP Address), #5 Exhibit B (Delivery Slip), #6 Exhibit C (Marketing Email), #7 Declaration of Glenn Cook, #8 Exhibit A (Email Confirmation 12/8/21), #9 Exhibit B (Email Confirmation 12/15/21), #10 Exhibit C (Photographs), #11 Memorandum in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction, #12 Proposed List of Exhibits and Witnesses, #13 Proposed Order)(Guglielmi, Mark)
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Filing 6
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Mohammed Aljibouri on January 28, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 5
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Bouncyhop.com LLC on January 28, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Filing 4
AFFIDAVIT of Service for Summons, Complaint, Rico Statement and Letter served on Jason Chebat on January 28, 2022, filed by Tentandtable.com, LLC, Zoom Blowers, LLC. (Guglielmi, Mark)
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Case reassigned to Hon. Lawrence J. Vilardo. Hon. William M. Skretny no longer assigned to the case. (CGJ)
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Filing 3
TEXT ORDER -- IT HEREBY IS ORDERED, that because this Court must recuse itself in this matter, the Clerk of Court is DIRECTED to reassign this case to another District Judge. SO ORDERED. Issued by William M. Skretny, United States District Judge on 1/31/2022. (JCM)-CLERK TO FOLLOW UP-
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 2
Summons Issued as to Dhiyaa Aljibouri, Mohammed Aljibouri, Bouncyhop.com, LLC, Jason Chebat, Christopher Gerrid, Michael Grochala, Paul Michael, US Express Logistics, LLC. (TMK)
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Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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Filing 1
COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4484922, filed by Zoom Blowers, LLC, Tentandtable.com, LLC. (Attachments: #1 Exhibit 1 - Trademark Information, #2 Exhibit 2 - Trademark Colors Claimed, #3 Exhibit 3 - Spreadsheet of Aljibouri Orders, #4 Exhibit 4 - US Express Logistics Delivery Slips, #5 Exhibit 5 - Bouncyhop.com, LLC Entity Information, #6 Exhibit 6 - Images and Offerings for Bouncyhop, #7 Exhibit 7 - Confirmation Email from Bouncyhop to Glenn Cook (12/8/21), #8 Exhibit 8 - Confirmation Email from Bouncyhop to Glenn Cook (12/15/21), #9 Exhibit 9 - Photos of Products Purchased by Defendants, #10 Exhibit 10 - Confirmation from Bouncyhop to Michael Bacile, #11 Exhibit 11 - Photos of Products Purchased by Defendants, #12 Summons to Bouncyhop.com, LLC, #13 Summons to Christopher Gerrid, #14 Summons to Dhiyaa Aljibouri, #15 Summons to Jason Chebat, #16 Summons to Michael Grochala, #17 Summons to Mohammed Aljibouri, #18 Summons to Paul Michael, #19 Summons to US Express Logistics, LLC, #20 Civil Cover Sheet, #21 Corporate Disclosure Statement - Tentandtable.com, LLC, #22 Corporate Disclosure Statement - Zoom Blowers, LLC, #23 RICO Case Statement)(Guglielmi, Mark)
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