Case number 1:23-cv-09104
BTL Industries, Inc. v. Bioskin Laser LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 26, 2024 | 51 | NOTICE OF CHANGE OF ADDRESS by Padmaja Chinta on behalf of BTL Industries, Inc.. New Address: Dunnington Bartholow & Miller LLP, 230 Park Avenue, 21st Floor, New York, New York, United States 10169, 2126828811..(Chinta, Padmaja) (Entered: 06/26/2024) (1) |
| Jun 25, 2024 | 50 | MEMO ENDORSEMENT granting 48 Motion to Amend/Correct 48 MOTION to Amend/Correct 45 Redacted Document, Motion to Limit Damages in Proposed Findings of Fact & Conclusions of Law. ENDORSEMENT Motion GRANTED. 1. Plaintiff need not refile its Proposed Findings and the Wooden Declaration in unredacted form; 2. Plaintiff's damages request of $76,230 in lost profits, trebled to $228,690 for willfulness, for the Defaulted Defendants' patent infringement is abandoned; 3. Plaintiffs damages request of $76,230 in actual damages, trebled to $228,690 for willfulness, for the Defaulted Defendant's trademark infringement is abandoned; and 4. Plaintiff's damages request is limited to statutory damages of $300,000. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/25/2024) (jca) (Entered: 06/25/2024) (2) |
| Jun 25, 2024 | N/A | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 49 Proposed Order was reviewed and approved as to form. (km) (Entered: 06/25/2024) (0) |
| Jun 24, 2024 | 49 | PROPOSED ORDER. Document filed by BTL Industries, Inc.. Related Document Number: 48 ..(Chinta, Padmaja) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 06/24/2024) (1) |
| Jun 24, 2024 | 48 | MOTION to Amend/Correct 45 Redacted Document, Motion to Limit Damages in Proposed Findings of Fact & Conclusions of Law. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 06/24/2024) (2) |
| Jun 11, 2024 | 47 | ORDER denying 40 Motion to Seal. For the reasons set forth above, plaintiff's letter-motion seeking leave to redact portions of its Proposed Findings (Dkt. 40) is DENIED. No later than June 25, 2024, plaintiff must refile, on the public docket: (a) its Proposed Findings, in unredacted form; and (b) the Wooden Declaration, with P 9 unredacted. In the alternative, plaintiff may limit its damages request to statutory damages. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/11/2024) (ks) (Entered: 06/11/2024) (4) |
| Apr 30, 2024 | 46 | AFFIDAVIT OF SERVICE of Proposed Findings of Fact & Conclusions of Law with supporting documents; Motion to seal the same; Scheduling Order for Damages Inquest; Default Judgment Order served on Bioskin, Bioskin II, Santa Cohen on 4-30-24. Service was made by mail. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 04/30/2024) (3) |
| Apr 30, 2024 | 45 | REDACTION to 40 LETTER MOTION to Seal Proposed Findings of Fact & Conclusions of Law addressed to Magistrate Judge Barbara C. Moses from Padmaja Chinta dated 04-29-24. REDACTED Proposed Findings of Fact & Conclusions of Law by BTL Industries, Inc. (Attachments: # 1 Exhibit 1 -Trademark Registrations).(Chinta, Padmaja) (Entered: 04/30/2024) (0) |
| Apr 30, 2024 | 44 | DECLARATION of JOHN STEVENS in Support re: 43 Proposed Findings of Fact. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 04/30/2024) (5) |
| Apr 30, 2024 | 43 | ***EX-PARTE***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by BTL Industries, Inc.. (Attachments: # 1 Exhibit 1 -Trademark Registrations)Motion or Order to File Under Seal: 40 .(Chinta, Padmaja) (Entered: 04/30/2024) (0) |
| Apr 30, 2024 | 42 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #45) REDACTION to 40 LETTER MOTION to Seal Proposed Findings of Fact & Conclusions of Law addressed to Magistrate Judge Barbara C. Moses from Padmaja Chinta dated 04-29-24. REDACTED Proposed Findings of Fact & Conclusions of Law by BTL Industries, Inc..(Chinta, Padmaja) Modified on 5/1/2024 (kj). As per email request dated 4/30/2024, 4:12 PM - (Entered: 04/30/2024) (18) |
| Apr 30, 2024 | 41 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #43) ***EX-PARTE***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by BTL Industries, Inc..Motion or Order to File Under Seal: 40 .(Chinta, Padmaja) Modified on 5/1/2024 (kj). As per email request dated 4/30/2024, 4:12 PM - (Entered: 04/30/2024) (0) |
| Apr 30, 2024 | 40 | LETTER MOTION to Seal Proposed Findings of Fact & Conclusions of Law addressed to Magistrate Judge Barbara C. Moses from Padmaja Chinta dated 04-29-24. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 04/30/2024) (3) |
| Apr 3, 2024 | 39 | SCHEDULING ORDER FOR DAMAGES INQUEST: It is hereby ORDERED that: 1. Proposed Findings of Fact and Conclusions of Law. No later than May 1, 2024, plaintiff shall file its Proposed Findings of Fact and Conclusions of Law concerning all damages and other monetary relief permitted in connection with a default judgment against the Defaulting Defendants. The Proposed Findings of Fact and Conclusions of Law shall contain a concluding paragraph that succinctly summarizes, as to each Defaulting Defendant, the exact dollar amount of the damages (or other monetary relief) sought, as well as the precise terms of any non-monetary relief sought from that Defaulting Defendant. (As further set forth herein.) 6. Opposition. No later than May 20, 2024, each Defaulting Defendant shall serve upon plaintiff's counsel and file with the Court its responses, if any, to plaintiff's Proposed Findings of Fact and Conclusions of Law and supporting materials. (Signed by Magistrate Judge Barbara C. Moses on 4/3/2024) (va) (Entered: 04/03/2024) (4) |
| Mar 28, 2024 | 38 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Barbara C. Moses. A default judgment as to liability was entered against Defendants. This referral is to determine damages owed by Defendants to Plaintiff. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/22/2024) (jca) (Entered: 03/28/2024) (1) |
| Mar 22, 2024 | 37 | ORDER OF DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION: ORDERED, ADJUDGED and DECREED that: 1. The Court has subject matter and personal jurisdiction over this action and the parties. 2. Venue is proper before this District. 3. Judgment is entered on the Complaint brought by Plaintiff BTL Industries, Inc. against Defendants Bioskin Laser LLC, Bioskin Laser II LLC, and Santa Cohen on all causes of action brought against them, as follows: a. Judgment is entered for Plaintiff and against Defendants on the first cause of action for infringement of U.S. Patent No. 10,478,634. b. Judgment is entered for Plaintiff and against Defendants on the second cause of action for trademark infringement under 15 U.S.C. § 1114. c. Judgment is entered for Plaintiff and against Defendants on the third cause of action for federal unfair competition, false designation of origin, and false advertising under 15 U.S.C. § 1125. d. Judgment is entered for Plaintiff and against Defendants on the fourth cause of action for common law trademark infringement and unfair competition. In addition, Plaintiff is further awarded a permanent injunction on the first and second causes of action for infringement of U.S. Patent No. 10,478,634 and BTL's trademarks, as follows: Defendants and their officers, agents, employees, and all persons acting in concert with Defendants are enjoined from further infringement of BTL's patents and trademarks, including without limitation U.S. Patent No. 10,478,634 and the EMSCULPT and BTL trademarks. The Complaint (Dkt. 1) seeks injunctive relief and damages in connection with four claims arising out of Defendants' alleged infringement of Plaintiff's patent and trademarks. Service was made on Defendants on October 20, 2023 (Dkt. Nos. 10 & 11). Defendants have not appeared in this action or otherwise responded to the Complaint. Personal jurisdiction is proper as Defendants' business operations in New York State give rise to Plaintiff's injuries. See CPLR 302(a)(1). "[A] defendant who defaults thereby admits all 'well-pleaded' factual allegations contained in the complaint" but "a district court need not agree that the alleged facts constitute a valid cause of action." City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011) (citations omitted). "[A] district court is required to determine whether the plaintiff's allegations establish the defendant's liability as a matter of law." Id.; accord Jordan v. Books, No. 22 Civ. 6154, 2023 WL 4363003, at *2 (S.D.N.Y. July 6, 2023). The Complaint adequately alleges that Defendants have (1) unlawfully infringed Plaintiff's patent under 35 U.S.C. § 271(a), (2) unlawfully infringed Plaintiff's trademark in violation of 15 U.S.C. § 1114, (3) falsely advertised their products as being manufactured by the Plaintiff in violation 15 U.S.C. § 1125(a) and (4) committed trademark infringement and unfair competition under New York State common law. For patent infringement, "whoever without authority makes, uses, offers to sell, or sells any patented invention... infringes the patent." 35 U.S.C. § 271(a). The Complaint adequately alleges that Plaintiff holds a patent; that Defendants have been advertising a service utilizing the same patented technology since at least November 1, 2022; that Plaintiff has informed defendants of such infringement on at least three occasions without response; and that Defendants continue to use Plaintiff's patented technology without permission. For trademark infringement under 15 U.S.C. § 1114, a plaintiff "must demonstrate that it has a valid mark entitled to protection and that the defendant's use of it is likely to cause confusion." Time, Inc. v. Petersen Publ'g Co. L.L.C., 173 F.3d 113, 117 (2d Cir. 1999). The Complaint alleges that Plaintiff possesses valid trademarks related to its patented technology and that Defendant uses a counterfeit of Plaintiff's trademark, which by its "very nature, cause confusion," Gucci Am., Inc. v. Duty Free Apparel, Ltd., 286 F. Supp. 2d 284, 287 (S.D.N.Y. 2003). For false advertising under 15 U.S.C. § 1125(a), a plaintiff must establish that the challenged advertisement: (1) is false; (2) misrepresents an inherent quality or characteristic of the product; (3) was placed in interstate commerce by the defendant; and (4) caused injury to the plaintiff. See Merck Eprova AG v. Gnosis S.p.A., 760 F.3d 247, 255 (2d Cir. 2014). The Complaint alleges that Defendants falsely represent their product as being authentic and made by the Plaintiff. Defendants' advertisements contain Plaintiff's trademarks, misrepresenting an inherent characteristic of Defendants' product. See, e.g., C=Holdings B.V. v. Asiarim Corp., 992 F. Supp. 2d 223, 243 (S.D.N.Y. 2013). Defendants have advertised their product on the internet, thereby placing the advertisement in interstate commerce. See, e.g., id. The Complaint also alleges that Defendants' advertisements negatively impact Plaintiff's business. For trademark infringement and unfair competition arising under New York State common law, a plaintiff "need only present evidence sufficient to establish a violation of" 15 U.S.C. § 1114. Pfizer Inc. v. Sachs, 652 F. Supp. 2d 512, 526 (S.D.N.Y. 2009). A plaintiff who successfully pleads a trademark infringement claim under common law also states a common law claim for unfair competition if they demonstrate the Defendant acted with bad faith or intent. Id. "Under New York law, a presumption of bad faith attaches to the use of a counterfeit mark," which Defendants use here. Philip Morris USA Inc. v. Felizardo, No. 03 Civ. 5891, 2004 WL 1375277, at *6 (S.D.N.Y. June 18, 2004). Default judgment is GRANTED. Plaintiff is entitled to permanent injunctive relief for its patent infringement claim pursuant to 35 U.S.C. § 283 and its trademark infringement claim pursuant to 15 U.S.C. § 1116(a). An order referring the case for a damages inquest will issue separately. "The common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Plaintiff's motion to seal narrow portions of its memorandum of law in support of its Order to Show Cause and supporting declarations (Dkt. Nos. 25, 26 and 27) is GRANTED for substantially the reasons stated in Plaintiff's letter at Dkt. No. 19. The Clerk of Court is respectfully directed to maintain the document at Dkt. Nos. 25, 26 and 27 under seal, and to close the letter motion at Dkt. No. 19. Motions terminated: 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024 filed by BTL Industries, Inc. (Signed by Judge Lorna G. Schofield on 3/22/2024) (mml) (Entered: 03/25/2024) (3) |
| Feb 21, 2024 | N/A | Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 2/21/2024. Defendants failed to appear at this hearing. (jcs) (Entered: 02/21/2024) (0) |
| Feb 2, 2024 | 36 | AFFIDAVIT OF SERVICE of Order to Show Cause served on Bioskin Laser LLC, Bioskin Laser II LLC, Santa Cohen on 2-1-24. Service was accepted by Fey V.. Service was made by mail. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 02/02/2024) (3) |
| Feb 2, 2024 | 35 | CERTIFICATE OF SERVICE of Order to Show Cause served on Bioskin on 1-30-2024. Service was made by email. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 02/02/2024) (1) |
| Jan 30, 2024 | N/A | Set/Reset Deadlines: ( Replies due by 2/16/2024.), Set/Reset Hearings:( Telephone Conference set for 2/21/2024 at 04:30 PM before Judge Lorna G. Schofield.) (jca) (Entered: 01/30/2024) (0) |
| Jan 30, 2024 | 34 | ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED AGAINST DEFENDANTS IT IS HEREBY ORDERED that Defendants appear to show cause on February 21, 2024, at 4:30 P.M. on conference line (888) 363-4749; access code 558-3333 why an order should not be entered pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure and Rule 55.2(b) of the Local Rules of the United States District Court for the Southern District of New York and this Courts individual practices, granting Plaintiff a default judgment and permanent injunction in substantially the form of the [Proposed] Order of Default Judgment submitted concurrently, and for such other relief as this Court deems just and reasonable, and IT IS HEREBY FURTHER ORDERED that Bioskins answering papers, if any, shall be filed with the Clerk of the Court and served upon BTLs counsel by delivering copies thereof to the offices of Chinta & Fratangelo LLP, One World Trade Center, Suite 8500, New York, New York 10006, Attention: Padmaja Chinta (or by email to pchinta@chintafratangelo.com), by February 9, 2024 Any reply shall be filed and served by BLT by February 16, 2024 and IT IS FURTHER ORDERED that service of this order and accompanying papers on Bioskin shall be made by electronic mail to bioskinlaser@gmail.com, by delivery by registered mail or courier to the last known address for Defendant Santa Cohen, and by delivery to Defendants Bioskin Laser LLCs, Bioskin Laser II LLC's registered agents for service of process or their last known addresses. by February 1, 2024. SO ORDERED. Show Cause Response due by 2/9/2024. (Signed by Judge Lorna G. Schofield on 1/30/2024) (jca) (Entered: 01/30/2024) (2) |
| Jan 10, 2024 | N/A | ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 33 Proposed Default Judgment was reviewed and approved as to form. (km) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | N/A | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 29 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | 33 | PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed Default Judgment to be reviewed by Clerk's Office staff. (Entered: 01/10/2024) (2) |
| Jan 10, 2024 | 32 | MEMORANDUM OF LAW in Support re: 29 Proposed Order to Show Cause Without Emergency Relief Memorandum and Statement of Damages re Default Judgement (Redacted). Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 01/10/2024) (30) |
| Jan 10, 2024 | 31 | DECLARATION of JASON WOODEN in Support re: 29 Proposed Order to Show Cause Without Emergency Relief. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 01/10/2024) (3) |
| Jan 10, 2024 | 30 | DECLARATION of JOHN STEVENS in Support re: 29 Proposed Order to Show Cause Without Emergency Relief. Document filed by BTL Industries, Inc.. (Attachments: # 1 Exhibit Pleadings copy -part1, # 2 Exhibit Pleadings copy -part2, # 3 Exhibit Pleadings copy -part3, # 4 Exhibit Affidavits of Service, # 5 Exhibit Clerk's Certificate).(Chinta, Padmaja) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | 29 | PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 01/10/2024) (2) |
| Jan 10, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Padmaja Chinta regarding Document No. 28 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The supporting documents were not separately filed. Please refer to ECF Rule 16.3 for filing instructions. (km) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Padmaja Chinta to RE-FILE Document No. 24 Proposed Default Judgment,. The filing is deficient for the following reason(s): the document was filed with a deficient filing. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. (km) (Entered: 01/10/2024) (0) |
| Jan 9, 2024 | 23 | FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by BTL Industries, Inc.. (Attachments: # 1 Exhibit 1 - REDACTED Stevens Declaration ISO Default Judgment, # 2 Exhibit 1A - REDACTED Wooden Declaration ISO Default Judgment, # 3 Exhibit 1B - REDACTED Memo ISO Default Judgment, # 4 Exhibit 2 -part1- Pleadings copy, # 5 Exhibit 2-part2 -Pleadings copy, # 6 Exhibit 2-part3 -Pleadings copy, # 7 Exhibit 3 - Affidavits of service, # 8 Exhibit 4 -Clerk's default certificate).(Chinta, Padmaja) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 1/9/2024 (nd). (Entered: 01/09/2024) (0) |
| Jan 9, 2024 | 24 | FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 1/10/2024 (km). (Entered: 01/09/2024) (2) |
| Jan 9, 2024 | 25 | ***SELECTED PARTIES***DECLARATION of JOHN STEVENS in Support re: 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024.. Document filed by BTL Industries, Inc.. Motion or Order to File Under Seal: 19 .(Chinta, Padmaja) (Entered: 01/09/2024) (0) |
| Jan 9, 2024 | 26 | ***SELECTED PARTIES***DECLARATION of JASON WOODEN in Support re: 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024.. Document filed by BTL Industries, Inc.. Motion or Order to File Under Seal: 19 .(Chinta, Padmaja) (Entered: 01/09/2024) (0) |
| Jan 9, 2024 | 27 | ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024. Memo ISO Default Judgment. Document filed by BTL Industries, Inc.. Motion or Order to File Under Seal: 19 .(Chinta, Padmaja) (Entered: 01/09/2024) (0) |
| Jan 9, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Padmaja Chinta to RE-FILE Document No. 23 Proposed Order to Show Cause Without Emergency Relief,,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Supporting documents must be filed separately. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.. (nd) (Entered: 01/09/2024) (0) |
| Jan 9, 2024 | 28 | FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 1/10/2024 (km). (Entered: 01/09/2024) (2) |
| Jan 9, 2024 | 22 | REDACTION to 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024. Redacted Doc 3- Ex 1B to P's Order to Show Cause - Memorandum ISO Default Judgment by BTL Industries, Inc..(Chinta, Padmaja) (Entered: 01/09/2024) (30) |
| Jan 9, 2024 | 21 | REDACTION to 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024. Redacted Doc 2- Ex 1A to P's Order to Show Cause - Wooden Declaration by BTL Industries, Inc..(Chinta, Padmaja) (Entered: 01/09/2024) (3) |
| Jan 9, 2024 | 20 | REDACTION to 19 LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024. Redacted Doc 1- Ex 1 to P's Order to Show Cause - Stevens Declaration by BTL Industries, Inc..(Chinta, Padmaja) (Entered: 01/09/2024) (8) |
| Jan 9, 2024 | 19 | LETTER MOTION to Seal portions of documents ISO Plaintiffs motion for Default Judgment addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-9-2024. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 01/09/2024) (4) |
| Jan 8, 2024 | 18 | ORDER granting 17 Letter Motion for Extension of Time. Application GRANTED. Plaintiff may file default judgment papers by January 9, 2024. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 17. (Signed by Judge Lorna G. Schofield on 1/8/2024) (rro) (Entered: 01/08/2024) (1) |
| Jan 5, 2024 | 17 | LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 1-5-2024. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 01/05/2024) (1) |
| Dec 28, 2023 | 16 | CLERK'S CERTIFICATE OF DEFAULT as to Bioskin Laser LLC and Bioskin Laser II LLC.(nd) (Entered: 12/28/2023) (1) |
| Dec 27, 2023 | 15 | DECLARATION of Padmaja Chinta re: 14 Proposed Clerk's Certificate of Default . Document filed by BTL Industries, Inc.. (Attachments: # 1 Exhibit A - Request for Certificate of Default).(Chinta, Padmaja) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | 14 | PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/28/2023 (nd). (Entered: 12/27/2023) (1) |
| Nov 29, 2023 | N/A | Set/Reset Deadlines: Motions due by 1/5/2024. (ama) (Entered: 11/29/2023) (0) |
| Nov 29, 2023 | 13 | ORDER: granting 12 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for December 6, 2023, is CANCELLED pending consideration of Plaintiff's forthcoming motion for default judgment. Plaintiff shall file its default judgment papers by January 5, 2024. (Signed by Judge Lorna G. Schofield on 11/29/2023) (ama) (Entered: 11/29/2023) (1) |
| Nov 27, 2023 | 12 | FIRST LETTER MOTION to Adjourn Conference Initial Pre-trial Conference addressed to Judge Lorna G. Schofield from Padmaja Chinta dated 11-27-2023. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 11/27/2023) (1) |
| Oct 27, 2023 | 11 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Santa Cohen served on 10/20/2023, answer due 11/13/2023. Service was accepted by Fay Way, Co-tenant. Service was made by mail. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 10/27/2023) (1) |
| Oct 27, 2023 | 10 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Bioskin Laser II LLC served on 10/20/2023, answer due 11/13/2023; Bioskin Laser LLC served on 10/20/2023, answer due 11/13/2023. Service was accepted by Fay Vineshanker, Manager. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 10/27/2023) (2) |
| Oct 24, 2023 | 9 | ORDER: IT IS ORDERED that a telephonic conference will be held on at 4:10 p.m. The parties shall call (888) 363-4749 and enter passcode 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure that they are dialed into the call by the appointed conference time. As further set forth by this Order. This order supersedes and vacates the scheduling order dated October 18, 2023. Initial Conference set for 12/6/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/24/2023) (tg) (Entered: 10/24/2023) (3) |
| Oct 18, 2023 | 8 | Vacated as per Judges Order dated 10/24/2023, Doc. #9 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 6, 2023 at 4:10p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth herein. Initial Conference set for 12/6/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/18/2023) (mml) Modified on 10/24/2023 (tg). (Entered: 10/18/2023) (3) |
| Oct 17, 2023 | 7 | ELECTRONIC SUMMONS ISSUED as to Bioskin Laser II LLC, Bioskin Laser LLC, Santa Cohen..(pc) (Entered: 10/17/2023) (1) |
| Oct 17, 2023 | 6 | AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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)..(pc) (Entered: 10/17/2023) (1) |
| Oct 17, 2023 | N/A | ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Padmaja Chinta. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | N/A | Case Designated ECF. (pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | N/A | Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | N/A | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | N/A | Civil Case Opening Fee Paid electronically via Pay.gov: for 1 Complaint,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-28432817, paid on 10/16/2023..(pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to Bioskin Laser LLC, Bioskin Laser II LLC, Santa Cohen, re: 1 Complaint,. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 10/17/2023) (1) |
| Oct 17, 2023 | 4 | AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Chinta, Padmaja) (Entered: 10/17/2023) (1) |
| Oct 17, 2023 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BTL Holding Limited for BTL Industries, Inc.. Document filed by BTL Industries, Inc...(Chinta, Padmaja) (Entered: 10/17/2023) (2) |
| Oct 17, 2023 | 2 | CIVIL COVER SHEET filed..(Chinta, Padmaja) (Entered: 10/17/2023) (2) |
| Oct 17, 2023 | N/A | ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Padmaja Chinta to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 10/23/2023. (pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | N/A | ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Padmaja Chinta. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) (Entered: 10/17/2023) (0) |
| Oct 17, 2023 | 1 | Complaint* (1) |
