Lokai Holding v. Sundberg et al
| Lokai Holding |
| Brett Sundberg, Rachel Sundberg and Does 1-10 |
| 2:2021cv00707 |
| December 2, 2021 |
| US District Court for the District of Utah |
| Cecilia M Romero |
| Ted Stewart |
| Trademark |
| 15 U.S.C. § 0044 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #33 Motion for Admission Pro Hac Vice of Attorney Ronald S. Bienstock for Lokai Holding.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 1/10/2022. (reb)
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Filing 36
ORDER granting #32 Motion for Admission Pro Hac Vice of Attorney Michael J. Sheppeard for Lokai Holding.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 1/10/2022. (reb)
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Filing 35
DOCKET TEXT ORDER re #29 Order to Show Cause. Based on the filing of Plaintiff's #34 Response to Order to Show Cause and [32, 33] Motions for Admission Pro Hac Vice, the court finds the #29 Order to Show Cause is satisfied and no sanctions are warranted. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 1/10/2022. (jfm)
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| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE re #29 Order to Show Cause, filed by Lokai Holding. (White, Juliette) |
| Filing 33 MOTION for Admission Pro Hac Vice of Ronald S. Bienstock , Registration fee $ 250, receipt number AUTDC-4214558,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Lokai Holding. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission-Bienstock, #2 Text of Proposed Order)(White, Juliette) |
| Filing 32 MOTION for Admission Pro Hac Vice of Michael J. Sheppeard , Registration fee $ 250, receipt number 5585031,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Lokai Holding. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(White, Juliette) |
| Filing 31 NOTICE of Appearance by Patrick J. Neville on behalf of Lokai Holding (Neville, Patrick) |
| Filing 30 NOTICE of Appearance by Juliette P. White on behalf of Lokai Holding (White, Juliette) |
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Filing 29
ORDER TO SHOW CAUSE- Plaintiff is directed to respond in writing to this Order to Show Cause on or before January 11, 2022. Failure to submit a timely response may result in sanctions against Plaintiff and/or its counsel including but not limited to dismissal. Signed by Magistrate Judge Cecilia M. Romero on 12/28/2021. (jl)
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| Filing 28 NOTICE OF WITHDRAWAL OF COUNSEL of Jeffrey A. Lindenbaum filed by Joshua S. Rupp on behalf of Brett Sundberg, Rachel Sundberg (Rupp, Joshua) |
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ted Stewart on 12/7/2021. (tlc)
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| Filing 26 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jeffrey A. Lindenbaum, for Defendants Brett Sundberg, Rachel Sundberg. (nl) |
| Filing 25 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Ronald S. Bienstock, for Plaintiff Lokai Holding. (nl) |
| Filing 24 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Michael James Sheppeard, for Plaintiff Lokai Holding. (nl) |
| Filing 23 Case transferred in from USDC of New York Southern; Case Number 1:21-cv-04466. Original file, certified copy of transfer order and docket sheet received. District of Utah case number 2:21-cv-00707-TS, Assigned to Judge Ted Stewart. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Utah.(rro) [Transferred from New York Southern on 12/2/2021.] |
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Filing 22
OPINION & ORDER re: #14 MOTION to Dismiss or in the Alternative to Transfer. filed by Rachel Sundberg, Brett Sundberg. Defendants' motion to transfer to Utah is granted. (Signed by Judge Louis L. Stanton on 11/22/2021) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/2/2021.]
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Joshua S. Rupp to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 11/1/2021) (rro) [Transferred from New York Southern on 12/2/2021.]
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| Filing 20 LETTER MOTION for Oral Argument addressed to Judge Louis L. Stanton from Joshua S. Rupp and Jeffrey A. Lindenbaum dated 10/20/2021. Document filed by Brett Sundberg, Rachel Sundberg..(Rupp, Joshua) [Transferred from New York Southern on 12/2/2021.] |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss or in the Alternative to Transfer. . Document filed by Brett Sundberg, Rachel Sundberg..(Lindenbaum, Jeffrey) [Transferred from New York Southern on 12/2/2021.] |
| Filing 18 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Lindenbaum on behalf of Brett Sundberg, Rachel Sundberg. New Address: Rothwell, Figg, Ernst & Manbeck, P.C., The Holyoke-Manhattan Building, 80 South Highland Avenue, Ossining, NY, United States 10562, (914) 941-5668..(Lindenbaum, Jeffrey) [Transferred from New York Southern on 12/2/2021.] |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss or in the Alternative to Transfer. . Document filed by Lokai Holding. (Attachments: #1 Declaration of Izen, #2 Declaration of Ronald S. Bienstock).(Sheppeard, Michael) [Transferred from New York Southern on 12/2/2021.] |
| Filing 16 MOTION for Joshua S. Rupp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25188155. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brett Sundberg, Rachel Sundberg. (Attachments: #1 Affidavit of Joshua S. Rupp in Support of Por Hac Vice Admissions, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Rupp, Joshua) [Transferred from New York Southern on 12/2/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Joshua S. Rupp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25188155. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 12/2/2021.] |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss or in the Alternative to Transfer. . Document filed by Brett Sundberg, Rachel Sundberg. (Attachments: #1 Exhibit A - Sundberg Decl).(Lindenbaum, Jeffrey) [Transferred from New York Southern on 12/2/2021.] |
| Filing 14 MOTION to Dismiss or in the Alternative to Transfer. Document filed by Brett Sundberg, Rachel Sundberg. Responses due by 10/13/2021.(Lindenbaum, Jeffrey) [Transferred from New York Southern on 12/2/2021.] |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Granted. (Signed by Judge Louis L. Stanton on 9/15/2021) (rro) [Transferred from New York Southern on 12/2/2021.]
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| Set/Reset Deadlines: Brett Sundberg answer due 9/29/2021; Rachel Sundberg answer due 9/29/2021. (rro) [Transferred from New York Southern on 12/2/2021.] |
| Filing 12 LETTER MOTION for Extension of Time addressed to Judge Louis L. Stanton from Plaintiff dated 14 Sept 2021. Document filed by Lokai Holding..(Sheppeard, Michael) [Transferred from New York Southern on 12/2/2021.] |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Louis L. Stanton from Michael J Sheppeard on behalf of the Plaintiff dated 23 August 2021., #2 Complaint. Granted. Brett Sundberg answer due 9/15/2021; Rachel Sundberg answer due 9/15/2021. (Signed by Judge Louis L. Stanton on 8/24/2021) (rro) [Transferred from New York Southern on 12/2/2021.]
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| Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Louis L. Stanton from Michael J Sheppeard on behalf of the Plaintiff dated 23 August 2021. Document filed by Lokai Holding..(Sheppeard, Michael) [Transferred from New York Southern on 12/2/2021.] |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Rachel Sundberg waiver sent on 6/2/2021, answer due 8/2/2021. Document filed by Rachel Sundberg..(Sheppeard, Michael) [Transferred from New York Southern on 12/2/2021.] |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Brett Sundberg waiver sent on 6/2/2021, answer due 8/2/2021. Document filed by Lokai Holding..(Sheppeard, Michael) [Transferred from New York Southern on 12/2/2021.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Brett Sundberg, Rachel Sundberg. (vf) [Transferred from New York Southern on 12/2/2021.] |
| Filing 6 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 New York Southern on 12/2/2021.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Brett Sundberg, Rachel Sundberg, re: #2 Complaint, #1 Complaint,. Document filed by Lokai Holding..(Bienstock, Ronald) [Transferred from New York Southern on 12/2/2021.] |
| Filing 4 CIVIL COVER SHEET filed..(Bienstock, Ronald) [Transferred from New York Southern on 12/2/2021.] |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Bienstock, Ronald) [Transferred from New York Southern on 12/2/2021.] |
| Filing 2 COMPLAINT against Does 1-10, Brett Sundberg, Rachel Sundberg. Document filed by Lokai Holding..(Bienstock, Ronald) [Transferred from New York Southern on 12/2/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ronald S. Bienstock. The party information for the following party/parties has been modified: JOHN/JANE 1-10 DOE(S). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ronald S. Bienstock. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ronald S. Bienstock to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. 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..(jgo) [Transferred from New York Southern on 12/2/2021.] |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Ronald S. Bienstock 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. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| 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. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 12/2/2021.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24555468)Document filed by Lokai Holding..(Bienstock, Ronald) Modified on 5/19/2021 (jgo). [Transferred from New York Southern on 12/2/2021.] |
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