Lifeway Foods, Inc. et al v. Fresh Dairy, Inc.
| FRESH MADE, INC. and LIFEWAY FOODS, INC. |
| Fresh Dairy, Inc. |
| 2:2020cv00471 |
| January 24, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| C DARNELL JONES |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 |
| Defendant |
Docket Report
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This docket was last retrieved on March 17, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER THAT THE COURTS ORDER DATED FEBRUARY 28, 2020 (DKT. NO. #27 ) IS AMENDED TO REFLECT THAT THE FED. R. CIV. P. 16 CONFERENCE SHALL BE HELD BY TELEPHONE ON APRIL 20, 2020, AT 11:00 A.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THE CALL TO CHAMBERS.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 03/17/2020. 03/18/2020 ENTERED AND COPIES E-MAILED.(nd, )
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Filing 27
ORDER THAT A FED.R.CIV. P.16 CONFERENCE SHALL BE HELD BY TELEPHONE ON 4/8/20 AT 1:00 P.M.; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/27/20. 3/2/20 ENTERED AND E-MAILED, MAILED.(jl, )
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| Filing 26 NOTICE of Appearance by DAVID J. SHANNON on behalf of Fresh Dairy, Inc. with Jury Demand and Certificate of Service(SHANNON, DAVID) |
| Filing 25 ANSWER to #1 Complaint, together with and Affirmative Defenses to Plaintiff's Complaint by Fresh Dairy, Inc..(GOLDIN, JEFFREY) |
| Filing 24 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by Fresh Dairy, Inc.. (Attachments: #1 Certificate of Service)(GOLDIN, JEFFREY) |
| Filing 23 NOTICE of Appearance by JEFFREY J. GOLDIN on behalf of Fresh Dairy, Inc. with Certificate of Service(GOLDIN, JEFFREY) |
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Filing 22
ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF JUSTIN A. MACLEAN IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/10/20. 2/11/20 ENTERED AND COPIES MAILED AND E-MAILED.(rf, )
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Filing 21
ORDER THAT APPLICATION OF ELANA B. ARAJ FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/10/20. 2/11/20 ENTERED AND COPIES MAILED AND E-MAILED. *ECF NOTIFICATION/REGISTRATION PACKET SENT TO ARAJ ON 2/10/20*(rf, )
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| Filing 20 MOTION for Pro Hac Vice of Elana B. Araj ( Filing fee $ 40 receipt number 0313-14099639.) filed by FRESH MADE, INC., LIFEWAY FOODS, INC..Certificate of Service.(HOLMES, CALEB) |
| Filing 19 MOTION for Pro Hac Vice of Elana B. Araj filed by FRESH MADE, INC., LIFEWAY FOODS, INC..Certificate of Service.(HOLMES, CALEB) (FILED IN ERROR BY ATTY; ATTY HAS REFILED AT PAPER #20) Modified on 2/24/2020 (md). |
| Filing 18 MOTION for Pro Hac Vice of Justin A. MacLean ( Filing fee $ 40 receipt number 0313-14099568.) filed by FRESH MADE, INC., LIFEWAY FOODS, INC..Certificate of Service.(HOLMES, CALEB) |
| Filing 17 NOTICE of Appearance by CALEB J. HOLMES on behalf of FRESH MADE, INC., LIFEWAY FOODS, INC. with Certificate of Service(HOLMES, CALEB) |
| Filing 16 Case transferred in from District of New York Eastern; Case Number 1:19-cv-05807. Original file certified copy of transfer order and docket sheet received. |
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Case transferred to District of EDPA. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. (Ordered by Judge Kiyo A. Matsumoto on 1/24/2020) (Galeano, Sonia) [Transferred from New York Eastern on 1/28/2020.]
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| Filing 15 STATUS REPORT JOINTLY SUBMITTED by Fresh Made, Inc., Lifeway Foods, Inc. (MacLean, Justin) [Transferred from New York Eastern on 1/28/2020.] |
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TRANSFER ORDER. Section 28 U.S.C. 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any... district... to which all parties have consented." Defendant has requested transfer of this action to the United States District Court for the Eastern District of Pennsylvania and, by letter dated January 23, 2020, Plaintiffs have consented to such transfer. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of Pennsylvania. This Transfer Order closes this case in the Eastern District of New York, and the provision of Rule 83.1 of the Local Rules for the Eastern District of New York, which requires a seven-day delay in the transfer of relevant case materials, is waived. Ordered by Judge Kiyo A. Matsumoto on 1/23/2020. (Ammari, Kamil) [Transferred from New York Eastern on 1/28/2020.]
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| MINUTE ENTRY & ORDER for Pre-Motion Conference held before Judge Kiyo A. Matsumoto on January 9, 2020. Appearances: Elana Araj, Esq., for Plaintiffs; Alan L. Frank, Esq., and Jeffrey J. Goldin, Esq., for Defendant. The parties discussed Defendant's proposed motions. The Court noted that based on the information contained in the pre-motion conference letters, it was not inclined to stay or dismiss the case, but that it believed the motion to transfer may be meritorious. The Court ordered Ms. Araj to speak with her clients regarding whether they will agree to voluntarily transfer the case from this Court to the United States District Court for the Eastern District of Pennsylvania. Ms. Araj and Mr. Frank are directed to meet and confer regarding a cost-effective way to take depositions of non-party witnesses located in the Eastern District of New York, in the event this action is transferred. The parties are to report back to the Court via a joint status letter no later than January 23, 2020. If Plaintiffs do not agree to transfer this action, the parties shall include a proposed briefing schedule in their joint letter. (Court Reporter Danelczyk, Linda.) (Ammari, Kamil) [Transferred from New York Eastern on 1/28/2020.] |
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ORDER granting #13 Letter Motion for Pre-Motion Conference. The Court grants Defendant's request for a pre-motion conference and will hold a telephonic pre-motion conference on Thursday, January 9, 2020 at 10:00 a.m. to discuss Defendant's proposed motion(s). The parties shall arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Defendant's request to withdraw #12 its motion to dismiss is hereby granted. Ordered by Judge Kiyo A. Matsumoto on 12/16/2019. (Ammari, Kamil) [Transferred from New York Eastern on 1/28/2020.]
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| Filing 14 RESPONSE to Motion re #13 MOTION for pre motion conference to File Defendant's Motion to Dismiss filed by Lifeway Foods, Inc.. (MacLean, Justin) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 13 MOTION for pre motion conference to File Defendant's Motion to Dismiss by Fresh Dairy, Inc.. (Frank, Alan) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 12 MOTION to Dismiss or Stay Plaintiffs' Complaint for Improper Venue and Parallel Litigation, or in the Alternative, to Transfer Venue by Fresh Dairy, Inc.. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service) (Frank, Alan) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 11 NOTICE of Appearance by Marc Anthony Rousseau on behalf of Fresh Dairy, Inc. (notification declined or already on case) (Rousseau, Marc) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 10 STIPULATION re #1 Complaint, Stipulation for Extension of Time by Fresh Dairy, Inc. (Frank, Alan) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 9 NOTICE of Appearance by Alan L. Frank on behalf of Fresh Dairy, Inc. (aty to be noticed) (Frank, Alan) [Transferred from New York Eastern on 1/28/2020.] |
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STIPULATION AND ORDER: the #10 Stipulation extending defendant Fresh Dairy, Inc.'s time to answer or otherwise respond to the Complaint to December 6, 2019 is so-ordered. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/20/2019. (Proujansky, Josh) [Transferred from New York Eastern on 1/28/2020.]
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| Filing 8 SUMMONS Returned Executed by Lifeway Foods, Inc., Fresh Made, Inc.. Fresh Dairy, Inc. served on 10/30/2019, answer due 11/20/2019. (Attachments: #1 Exhibit Issued Summons) (MacLean, Justin) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 7 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Complaint) (Hong, Loan) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 3 NOTICE of Appearance by Elana Araj on behalf of Fresh Made, Inc., Lifeway Foods, Inc. (aty to be noticed) (Araj, Elana) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 4 Summons Issued as to Fresh Dairy, Inc.. (Bowens, Priscilla) [Transferred from New York Eastern on 1/28/2020.] |
| Case assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 2 Proposed Summons. Re #1 Complaint, by Fresh Made, Inc., Lifeway Foods, Inc. (MacLean, Justin) [Transferred from New York Eastern on 1/28/2020.] |
| Filing 1 COMPLAINT against Fresh Dairy, Inc. filing fee $ 400, receipt number ANYEDC-11943438 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Lifeway Foods, Inc., Fresh Made, Inc.. (Attachments: #1 Exhibit A - Trademark Registrations, #2 Exhibit B - Cease and Desist, #3 Civil Cover Sheet) (MacLean, Justin) [Transferred from New York Eastern on 1/28/2020.] |
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