CMT USA, Inc. et al v. Apex Tool Group LLC et al
| CMT USA, Inc. and CMT Utensili S.p.A. |
| Apex Brands, Inc. |
| Apex Tool Group LLC |
| 3:2024cv00137 |
| February 6, 2024 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| David Keesler |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 66 Miscellaneous Filing by CMT USA, Inc., CMT Utensili S.p.A.. [Proposed] Protective Order (Davis, Edward) |
| Minute Entry: PRETRIAL CONFERENCE held before US Magistrate Judge David Keesler. Plaintiffs attorney: Robert Colletti, Patrick Lavery, Joshua Durham. Defendants attorney: David Jackson, Michael McCue, Jason Sneed, Megan Sneed.Counsel for parties shall submit a proposed Protective Order on or before April 5, 2024. (DT) |
Filing 65
ORDER granting #64 Motion for Leave to Appear Pro Hac Vice added Aaron David Johnson for Apex Brands, Inc. and for Apex Tool Group LLC. Signed by US Magistrate Judge David Keesler on 03/20/2024. (cjs)
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| Notice to Aaron Johnson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/27/2024. (cjs) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice as to Aaron D. Johnson Filing fee $ 300, receipt number ANCWDC-6447271. by Apex Brands, Inc., Apex Tool Group LLC. (Sneed, Jason). Motions referred to David Keesler. |
| NOTICE of Cancellation of Scheduling Conference scheduled for 3/22/2024 before Senior Judge Robert J. Conrad Jr. (brl) |
| NOTICE of Hearing: Telephone Conference set for 3/22/2024 02:00 PM in Chambers before US Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) |
| NOTICE of Hearing: Scheduling Conference RESET for 3/22/2024 10:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(mdp) |
| NOTICE of Hearing: Scheduling Conference set for 3/15/2024 10:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(mdp) |
| Filing 63 CERTIFICATION of initial attorney conference and discovery plan (Attachments: #1 Proposed Order Pretrial Order and Case Management Plan)(Durham, Joshua) |
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Filing 62
ORDER granting #58 Motion for Leave to Appear Pro Hac Vice added Patrick Joseph Lavery for CMT USA, Inc. and CMT Utensili S.p.A. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 2/13/24. (mga)
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Filing 61
ORDER granting #57 Motion for Leave to Appear Pro Hac Vice added Jessica M. Stookey for CMT USA, Inc. and CMT Utensili S.p.A. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 2/13/24. (mga)
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Filing 60
ORDER granting #56 Motion for Leave to Appear Pro Hac Vice added Robert E. Colletti for CMT USA, Inc. and CMT Utensili S.p.A.. Signed by US Magistrate Judge David Keesler on 2/13/24. (mga)
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Filing 59
ORDER granting #55 Motion for Leave to Appear Pro Hac Vice added Edgar H. Haug for CMT USA, Inc. and CMT Utensili S.p.A.. Signed by US Magistrate Judge David Keesler on 2/13/24. (mga)
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| Filing 58 MOTION for Leave to Appear Pro Hac Vice as to Patrick J. Lavery Filing fee $ 300, receipt number ANCWDC-6402125. by CMT USA, Inc., CMT Utensili S.p.A.. (Durham, Joshua). Motions referred to David Keesler. |
| Filing 57 MOTION for Leave to Appear Pro Hac Vice as to Jessica M. Stookey Filing fee $ 300, receipt number ANCWDC-6402105. by CMT USA, Inc., CMT Utensili S.p.A.. (Durham, Joshua). Motions referred to David Keesler. |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice as to Robert E. Colletti Filing fee $ 300, receipt number ANCWDC-6402096. by CMT USA, Inc., CMT Utensili S.p.A.. (Durham, Joshua). Motions referred to David Keesler. |
| Filing 55 MOTION for Leave to Appear Pro Hac Vice as to Edgar H. Haug Filing fee $ 300, receipt number ANCWDC-6402088. by CMT USA, Inc., CMT Utensili S.p.A.. (Durham, Joshua). Motions referred to David Keesler. |
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Filing 54
ORDER granting #52 Motion for Leave to Appear Pro Hac Vice added Michael J. McCue for Apex Brands, Inc. and Apex Tool Group LLC (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 2/13/2024. (mek)
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Filing 53
ORDER granting #51 Motion for Leave to Appear Pro Hac Vice added David A. Jackson for Apex Brands, Inc. and Apex Tool Group LLC. Signed by US Magistrate Judge David Keesler on 2/13/24. (mga)
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| Notice to Jessica M. Stookey: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/20/2024. (mga) |
| Notice to Patrick J. Lavery: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/20/2024. (mga) |
| Filing 52 MOTION for Leave to Appear Pro Hac Vice as to Michael J. McCue Filing fee $ 300, receipt number ANCWDC-6401086. by Apex Brands, Inc., Apex Tool Group LLC. (Sneed, Jason). Motions referred to David Keesler. |
| Filing 51 MOTION for Leave to Appear Pro Hac Vice as to David A. Jackson Filing fee $ 300, receipt number ANCWDC-6401085. by Apex Brands, Inc., Apex Tool Group LLC. (Sneed, Jason). Motions referred to David Keesler. |
| Filing 50 NOTICE of Appearance by Joshua Blake Durham on behalf of CMT USA, Inc., CMT Utensili S.p.A. (Durham, Joshua) |
| Filing 49 NOTICE of Appearance by Edward B. Davis on behalf of CMT USA, Inc., CMT Utensili S.p.A. (Davis, Edward) |
| Filing 48 NOTICE of Appearance by Jason Matthew Sneed on behalf of All Defendants (Sneed, Jason) |
| Filing 47 NOTICE of Appearance by Megan Elizabeth Sneed on behalf of All Defendants (Sneed, Megan) |
| Filing 46 Case transferred in from District of New York Southern; Case Number 1:23-cv-07507. Original electronic file and docket sheet received. |
| Case assigned to Senior Judge Robert J. Conrad, Jr and US Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Notice to Edgar H. Haug, Jessica M. Stookey, Patrick Joseph Lavery, Robert Edward Colletti, Aaron David Johnson, David Arthur Jackson, Michael J. McCue: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 2/13/2024. (rth) |
| Filing 45 ANSWER to #42 Counterclaim. Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
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Filing 44
MEMORANDUM OPINION AND ORDER re: #39 FIRST MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404. filed by Apex Brands, Inc. For the reasons stated above, the Court finds that the balance of factors weighs in favor of transferring this action to the Western District of North Carolina, and that such a transfer is in the interests of justice and convenience of the parties and witnesses. See 28 U.S.C. 1404(a). The Court respectfully directs the Clerk of Court to transfer this action to the United States District Court for the Western District of North Carolina, Charlotte Division. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/30/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/6/2024.]
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| Filing 43 RESPONSE in Support of Motion re: #39 FIRST MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404. Defendants Reply in Support of Its Motion to Transfer Pursuant to 28 U.S.C. 1404. Document filed by Apex Brands, Inc., Apex Tool Group LLC..(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 42 AMENDED ANSWER to #37 Amended Complaint,., COUNTERCLAIM against CMT USA, Inc., CMT Utensili S.p.A.. Document filed by Apex Brands, Inc., Apex Tool Group LLC. (Attachments: #1 Exhibit 1-8, #2 Exhibit 9-16).(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 41 LETTER addressed to Judge Jennifer L. Rochon from David A. Jackson dated January 23, 2024 re: CMT USA, Inc. and CMT Utensili S.p.A. v. Apex Tool Group LLC and Apex Brands, Inc. Case No. 1:23-cv-07507-JLR. Document filed by Apex Brands, Inc., Apex Tool Group LLC. (Attachments: #1 Exhibit 1).(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 40 OPPOSITION BRIEF re: #39 FIRST MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404. . Document filed by CMT USA, Inc., CMT Utensili S.p.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 39 FIRST MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404. Document filed by Apex Brands, Inc.. (Attachments: #1 Exhibit Declaration of Jewel Poole, #2 Exhibit Declaration of Ian Cunningham, #3 Exhibit Declaration of Scott Bublitz).(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 38 ANSWER to #37 Amended Complaint,., COUNTERCLAIM against All Plaintiffs. Document filed by Apex Brands, Inc.. (Attachments: #1 Exhibit Exhibits 1-8, #2 Exhibit Exhibits 9-16).(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 37 SECOND AMENDED COMPLAINT amending #10 Amended Complaint against Apex Brands, Inc., Apex Tool Group LLC with JURY DEMAND.Document filed by CMT USA, Inc., CMT Utensili S.p.A.. Related document: #10 Amended Complaint. (Attachments: #1 Exhibit A).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 36 LETTER addressed to Judge Jennifer L. Rochon from Robert E. Colletti dated December 20, 2023 re: Second Amended Complaint. Document filed by CMT USA, Inc., CMT Utensili S.p.A.. (Attachments: #1 Exhibit 1).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 35 FILING ERROR - DEFICIENT PLEADING FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #10 Amended Complaint against All Plaintiffs with JURY DEMAND.Document filed by CMT USA, Inc., CMT Utensili S.p.A.. Related document: #10 Amended Complaint. (Attachments: #1 Exhibit A).(Colletti, Robert) Modified on 12/20/2023 (gp). [Transferred from New York Southern on 2/6/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Colletti to RE-FILE Document No. #35 Amended Complaint,. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected.. Re-file the pleading using the event type Amended 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. (gp) [Transferred from New York Southern on 2/6/2024.] |
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Filing 34
ORDER denying #24 Motion for More Definite Statement. For the foregoing reasons, Defendants' motion for a more definite statement is DENIED. However, Plaintiffs are granted leave to file an amended complaint no later than two weeks from the date of this Order should they wish to augment their pleading given the issues raised herein. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 12/13/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 11/30/2023. (aba) [Transferred from New York Southern on 2/6/2024.] |
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Filing 33
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. The case is to be tried to a jury. Depositions shall be completed no later than March 15, 2024. Counsel for the parties have conferred Plaintiffs' best estimate of the length of trial is 3 days. Defendants' best estimate of the length of trial is 6 days. Motions due by 12/30/2023. Deposition due by 5/13/2024. Fact Discovery due by 3/29/2024. Expert Discovery due by 5/13/2024. Discovery due by 5/13/2024. Case Management Conference set for 5/16/2024 at 10:30 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 5/16/2024 at 10:30 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/30/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| Filing 32 NOTICE OF APPEARANCE by Patrick Joseph Lavery on behalf of CMT USA, Inc., CMT Utensili S.p.A...(Lavery, Patrick) [Transferred from New York Southern on 2/6/2024.] |
| Filing 31 NOTICE OF APPEARANCE by Jessica M. Stookey on behalf of CMT USA, Inc., CMT Utensili S.p.A...(Stookey, Jessica) [Transferred from New York Southern on 2/6/2024.] |
| Filing 30 JOINT LETTER addressed to Judge Jennifer L. Rochon from Robert E. Colletti and David A. Jackson dated November 21, 2023 re: Civil Case Management Plan and Scheduling Order. Document filed by CMT USA, Inc., CMT Utensili S.p.A.. (Attachments: #1 Proposed Order Proposed Civil Case Management Plan and Scheduling Order).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 29 REPLY to Response to Motion re: #24 MOTION for More Definite Statement . . Document filed by Apex Brands, Inc., Apex Tool Group LLC..(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 28 RESPONSE in Opposition to Motion re: #24 MOTION for More Definite Statement . . Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 27 NOTICE OF APPEARANCE by Micheal J. McCue on behalf of Apex Brands, Inc., Apex Tool Group LLC..(McCue, Micheal) [Transferred from New York Southern on 2/6/2024.] |
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #25 MOTION for Michael J. McCue to Appear Pro Hac Vice. This Court is considering the motion of Applicant Michael J. McCue for admission to practice Pro Hac Vice as counsel for Plaintiffs in the above captioned action.. (Signed by Judge Jennifer L. Rochon on 10/11/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Michael J. McCue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28404273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 2/6/2024.] |
| Filing 25 MOTION for Michael J. McCue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28404273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apex Brands, Inc., Apex Tool Group LLC. (Attachments: #1 Affidavit Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Proposed Order Admission Pro Hac Vice).(Johnson, Aaron) [Transferred from New York Southern on 2/6/2024.] |
| Filing 24 MOTION for More Definite Statement . Document filed by Apex Brands, Inc., Apex Tool Group LLC..(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 23 NOTICE OF APPEARANCE by David Arthur Jackson on behalf of Apex Brands, Inc., Apex Tool Group LLC..(Jackson, David) [Transferred from New York Southern on 2/6/2024.] |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David A. Jackson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28368837. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apex Brands, Inc., Apex Tool Group LLC..(Jackson, David) Modified on 10/2/2023 (va). [Transferred from New York Southern on 2/6/2024.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for David A. Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28368837. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court/State Bar of Arizona; missing Proposed Order; missing notarized affidavit or declaration pursuant to Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) [Transferred from New York Southern on 2/6/2024.] |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #20 MOTION for David Arthur Jackson to Appear Pro Hac Vice. The motion of David A. Jackson, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Jennifer L. Rochon on 9/28/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| Filing 20 MOTION for David Arthur Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28346948. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apex Brands, Inc., Apex Tool Group LLC. (Attachments: #1 Affidavit Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Letter of Good Standing, #3 Proposed Order Admission Pro Hac Vice).(Johnson, Aaron) [Transferred from New York Southern on 2/6/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for David Arthur Jackson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28346948. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) [Transferred from New York Southern on 2/6/2024.] |
| Filing 19 CERTIFICATE OF SERVICE of Initial Pretrial Conference (ECF No. 9) and Judge Rochon's Individual Rules served on Michael McCue on 09/26/2023. Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Aaron D. Johnson dated 09/20/2023. SO ORDERED. Apex Brands, Inc. answer due 10/2/2023; Apex Tool Group LLC answer due 10/2/2023. (Signed by Judge Jennifer L. Rochon on 9/21/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| Filing 17 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Aaron D. Johnson dated 09/20/2023. Document filed by Apex Brands, Inc., Apex Tool Group LLC..(Johnson, Aaron) [Transferred from New York Southern on 2/6/2024.] |
| Filing 16 NOTICE OF APPEARANCE by Aaron David Johnson on behalf of Apex Brands, Inc., Apex Tool Group LLC..(Johnson, Aaron) [Transferred from New York Southern on 2/6/2024.] |
| Filing 15 SUMMONS RETURNED EXECUTED. Apex Tool Group LLC served on 8/31/2023, answer due 9/21/2023. Service was accepted by Maggie Drozd - General Counsel. Document filed by CMT USA, Inc.; CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 14 SUMMONS RETURNED EXECUTED. Apex Brands, Inc. served on 8/31/2023, answer due 9/21/2023. Service was accepted by Carol Mendoza - Sr. Global Benefits Manager. Document filed by CMT USA, Inc.; CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 13 NOTICE OF APPEARANCE by Edgar H. Haug on behalf of CMT USA, Inc., CMT Utensili S.p.A...(Haug, Edgar) [Transferred from New York Southern on 2/6/2024.] |
| Filing 12 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) [Transferred from New York Southern on 2/6/2024.] |
| Filing 11 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review..(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 10 AMENDED COMPLAINT amending #1 Complaint against Apex Brands, Inc., Apex Tool Group LLC with JURY DEMAND.Document filed by CMT USA, Inc., CMT Utensili S.p.A.. Related document: #1 Complaint. (Attachments: #1 Exhibit A).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/30/2023 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/28/2023) (jca) [Transferred from New York Southern on 2/6/2024.]
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Apex Brands, Inc.. (vf) [Transferred from New York Southern on 2/6/2024.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Apex Tool Group LLC. (vf) [Transferred from New York Southern on 2/6/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Edward Colletti. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) [Transferred from New York Southern on 2/6/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Edward Colletti re: Document No. #6 Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) [Transferred from New York Southern on 2/6/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Edward Colletti. The party information for the following party/parties has been modified: Apex Brands, Inc., Apex Tool Group LLC, CMT USA, Inc., CMT Utensili S.p.A.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) [Transferred from New York Southern on 2/6/2024.] |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Robert Edward Colletti to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf) [Transferred from New York Southern on 2/6/2024.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 2/6/2024.] |
| Magistrate Judge Robert W. Lehrburger 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 New York Southern on 2/6/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 New York Southern on 2/6/2024.] |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - COMPLAINT against Apex Brands, Inc., Apex Tool Group LLC. Document filed by CMT USA, Inc., CMT Utensili S.p.A.. (Attachments: #1 Exhibit A).(Colletti, Robert) Modified on 8/25/2023 (vf). [Transferred from New York Southern on 2/6/2024.] |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Apex Brands, Inc., re: #1 Complaint. Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Apex Tool Group LLC, re: #1 Complaint. Document filed by CMT USA, Inc., CMT Utensili S.p.A...(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
| Filing 1 COMPLAINT against Apex Brands, Inc., Apex Tool Group LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28192598)Document filed by CMT USA, Inc., CMT Utensili S.p.A.. (Attachments: #1 Exhibit A).(Colletti, Robert) [Transferred from New York Southern on 2/6/2024.] |
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