Case number 1:21-cv-05064
By Humankind, Inc. v. Human + Kind Limited et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 17, 2022 | 34 | Stipulation and Order of Voluntary Dismissal (3) Docket Text: STIPULATED DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), Plaintiff By Humankind, Inc. and Defendant Human+Kind Limited hereby stipulate and agree to the voluntary dismissal of the above-captioned action, including Defendant's counterclaims, with prejudice, with each side to bear their own fees and costs. IT IS HEREBY ORDERED THAT: All claims and causes of action asserted herein and/or which could have been asserted herein, are hereby dismissed WITH PREJUDICE, with each party to bear its own attorneys' fees and costs. IT IS SO ORDERED. (Signed by Judge Alison J. Nathan on 5/17/2022) (jca) |
| May 16, 2022 | 33 | Stipulation of Voluntary Dismissal (3) Docket Text: STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) By Humankind, Inc. and without costs. Document filed by Human + Kind Limited. Proposed Order to be reviewed by Clerk's Office staff...(Kliebenstein, Heather) |
| Apr 8, 2022 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 4/8/2022. (Tam, David) |
| Apr 7, 2022 | 32 | AO 120 Form Trademark - Case Terminated - Submitted (1) Docket Text: AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 4/7/2022 in a court action 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). (vfr) |
| Apr 7, 2022 | 31 | Order of Discontinuance (1) Docket Text: ORDER: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences and submission deadlines are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. (Signed by United States Circuit JudgeSitting by Designation Alison J. Nathan on 4/7/2022) (vfr) |
| Apr 1, 2022 | 30 | Protective Order (13) Docket Text: STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/1/2022) (vfr) |
| Mar 31, 2022 | 29 | Proposed Protective Order (13) Docket Text: PROPOSED PROTECTIVE ORDER. Document filed by By Humankind, Inc...(Blakely, Brent) |
| Mar 30, 2022 | 28 | Affidavit of Service Other (3) Docket Text: AFFIDAVIT OF SERVICE of Complaint served on Human + Kind Ltd on November 18, 2021. Service was accepted by Liam. Service was made by Mail. Document filed by By Humankind, Inc...(Blakely, Brent) |
| Mar 11, 2022 | 27 | Scheduling Order (8) Docket Text: ORDER SCHEDULING SETTLEMENT CONFERENCE: The Court is scheduled to be on trial the week of April 4, 2022, but expects that the trial will be over before April 7th, such that the settlement conference can proceed. The Court will reconfirm with the parties a day or two before the conference. Unless circumstances permit otherwise, the conference will be held on Zoom. (And as further set forth herein.) SO ORDERED. Settlement Conference set for 4/7/2022 at 02:30 PM before Magistrate Judge James L. Cott (Signed by Magistrate Judge James L. Cott on 3/11/2022) (jca) Modified on 3/11/2022 (jca). |
| Mar 11, 2022 | 26 | Letter (1) Docket Text: LETTER addressed to Magistrate Judge James L. Cott from Heather Kliebenstein dated 03/11/2022 re: joint letter giving availability for scheduling conference. Document filed by Human + Kind Limited..(Kliebenstein, Heather) |
| Feb 11, 2022 | 25 | Order (2) Docket Text: ORDER: By Order of Reference dated February 10, 2022 (Dkt. No. 24), Judge Nathan referred this case to me for general pretrial supervision and settlement. The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. An in-person conference would be permitted only if all participants in the conference (attorneys, clients, and any interpreters) comply with the Courts most recent COVID-19 Protocol (available at https://www.nysd.uscourts.gov/covid-19-coronavirus). For avoidance of doubt, all parties must agree to proceeding by video conference or an in-person conference and make a joint application for the method that is preferred. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/11/2022) (jca) |
| Feb 10, 2022 | 24 | Order Referring Case to Magistrate Judge (1) Docket Text: ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Alison J. Nathan on 2/10/2022) (ate) |
| Feb 10, 2022 | 23 | Case Management Plan (4) Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). Depositions shall be completed by August 3, 2022. All expert discovery, including disclosure of expert reports, production of underlyingdocuments, and depositions shall be completed by September 16, 2022. This case is to be tried to a jury. The next Case Management Conference is scheduled for 9/23/22 at 3:15 p.m. The Court concludes that an initial pretrial conference is unnecessary at this time and therefore adjourns the conference scheduled for February 11, 2022, at 3:15 p.m. Deposition due by 9/16/2022. Fact Discovery due by 8/3/2022. Expert Discovery due by 9/16/2022. Case Management Conference set for 9/23/2022 at 03:15 PM before Judge Alison J. Nathan. Initial Conference set for 2/11/2022 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 2/10/2022) (ate) |
| Feb 3, 2022 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER granting [21] Motion for Heather J. Kliebernstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) |
| Feb 3, 2022 | N/A | Notice Regarding Pro Hac Vice Motion (0) Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [21] MOTION for Heather J. Kliebenstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Feb 2, 2022 | 21 | Text of Proposed Order (1) |
| Feb 2, 2022 | 21 | Affidavit and Certificate of Good Standing (4) |
| Feb 2, 2022 | 21 | Main Document (1) Docket Text: MOTION for Heather J. Kliebenstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Human + Kind Limited. (Attachments: # (1) Affidavit and Certificate of Good Standing, # (2) Text of Proposed Order).(Kliebenstein, Heather) |
| Feb 2, 2022 | N/A | Notice Regarding Deficient Motion to Appear Pro Hac vice (0) Docket Text:>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [20] MOTION for Heather J. Kliebenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25667275. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. 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. (aea) |
| Feb 1, 2022 | 20 | Affidavit Kliebenstein Affidavit (4) |
| Feb 1, 2022 | 20 | Main Document (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Heather J. Kliebenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25667275. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Human + Kind Limited. (Attachments: # (1) Affidavit Kliebenstein Affidavit).(Kliebenstein, Heather) Modified on 2/2/2022 (aea). |
| Jan 31, 2022 | 19 | Answer to Counterclaim (11) Docket Text: ANSWER to [15] Counterclaim. Document filed by By Humankind, Inc...(Blakely, Brent) |
| Jan 31, 2022 | 18 | Order for Initial Pretrial Conference (1) Docket Text: ORDER: The Court is in receipt of the parties' joint letter and case management plan in advance of the initial pretrial conference. Dkt. No. 17. Due to the Court's schedule, the initial pretrial conference scheduled for February 4, 2022, is hereby ADJOURNED to February 11, 2022, at 3:15 p.m. The conference will proceed by telephone. The parties and members of the public may access the conference by dialing (888) 363-4749 and entering access code 9196964. SO ORDERED. Initial Conference set for 2/11/2022 at 3:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/31/2022) (vfr) |
| Jan 28, 2022 | 17 | Letter re Initial Pretrial Conference (3) |
| Jan 28, 2022 | 17 | Main Document (4) Docket Text: RULE 26(f) DISCOVERY PLAN REPORT.Document filed by By Humankind, Inc.. (Attachments: # (1) Letter re Initial Pretrial Conference).(Blakely, Brent) |
| Jan 11, 2022 | 16 | Order for Initial Pretrial Conference (2) Docket Text: ORDER: The Court therefore reschedules the initial pretrial conference from April 22, 2022, to February 4, 2022 at 3:15 p.m. At least seven days prior to that date, the parties shall submit a joint letter and case management plan as detailed in the Court's order dated July 1, 2021, Dkt. No. 8, and shall additionally advise the Court whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, which the parties can access by dialing (888) 363-4749 and entering access code 9196964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. Initial Conference set for 2/4/2022 at 3:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/11/2022) (vfr) |
| Jan 10, 2022 | 15 | Exhibit F (5) |
| Jan 10, 2022 | 15 | Errata G (3) |
| Jan 10, 2022 | 15 | Exhibit E (5) |
| Jan 10, 2022 | 15 | Exhibit D (3) |
| Jan 10, 2022 | 15 | Exhibit C (3) |
| Jan 10, 2022 | 15 | Exhibit B (3) |
| Jan 10, 2022 | 15 | Exhibit A (2) |
| Jan 10, 2022 | 15 | Main Document (33) Docket Text: ANSWER to [1] Complaint with JURY DEMAND., COUNTERCLAIM against By Humankind, Inc.. Document filed by Human + Kind Limited. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Errata G).(Gergely, Peter) |
| Jan 10, 2022 | 14 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Human + Kind Limited..(Gergely, Peter) |
| Dec 27, 2021 | 13 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER granting [12] Letter Motion for Extension of Time to Answer re [12] LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Peter A. Gergely dated 12/23/2021. SO ORDERED. [1] Complaint. Human + Kind Limited answer due 1/10/2022. (Signed by Judge Alison J. Nathan on 12/27/2021) (vfr) |
| Dec 23, 2021 | 12 | Motion for Extension of Time to File Answer (1) Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Peter A. Gergely dated 12/23/2021. Document filed by Human + Kind Limited..(Gergely, Peter) |
| Dec 23, 2021 | 11 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Peter Gergely on behalf of Human + Kind Limited..(Gergely, Peter) |
| Sep 7, 2021 | 10 | Order on Motion for Extension of Time (1) Docket Text: ORDER GRANTING PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME TO COMPLETE SERVICE ON FOREIGN DEFENDANT HUMAN + KIND LIMITED UNDER THE HAGUE CONVENTION granting [9] Letter Motion for Extension of Time. IT IS HEREBY ORDERED THAT: Plaintiff's Request is GRANTED and the deadline to serve the Summons and Complaint on Defendant is extended by six (6) months such that Plaintiff shall have up to and including March 7, 2022 to serve Defendant Human + Kind Limited. The conference scheduled for October 1, 2021, is adjourned to April 22, 2022. IT IS SO ORDERED. Service due by 3/7/2022. (Signed by Judge Alison J. Nathan on 9/7/2021) (mml) |
| Sep 3, 2021 | 9 | Proposed Order (1) |
| Sep 3, 2021 | 9 | Affidavit of Foss Baker (4) |
| Sep 3, 2021 | 9 | Affidavit of Brent H. Blakely (20) |
| Sep 3, 2021 | 9 | Main Document (3) Docket Text: MOTION for Extension of Time TO COMPLETE SERVICE ON FOREIGN DEFENDANT HUMAN + KIND LIMITED UNDER THE HAGUE CONVENTION. Document filed by By Humankind, Inc.. (Attachments: # (1) Affidavit of Brent H. Blakely, # (2) Affidavit of Foss Baker, # (3) Proposed Order).(Blakely, Brent) |
| Jul 1, 2021 | 8 | Order for Initial Pretrial Conference (2) Docket Text: NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/1/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/29/2021) (rro) |
| Jun 9, 2021 | 7 | AO 120 Form Trademark - Case Opening - Submitted (1) Docket Text: 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) |
| Jun 9, 2021 | 6 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Human + Kind Limited..(jgo) |
| Jun 9, 2021 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (jgo) |
| Jun 9, 2021 | N/A | Case Designation (0) Docket Text: Magistrate Judge James L. Cott 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) |
| Jun 9, 2021 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| Jun 8, 2021 | 5 | AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Blakely, Brent) |
| Jun 8, 2021 | 4 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by By Humankind, Inc...(Blakely, Brent) |
| Jun 8, 2021 | 3 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Blakely, Brent) |
| Jun 8, 2021 | 2 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Human + Kind Limited, re: [1] Complaint. Document filed by By Humankind, Inc...(Blakely, Brent) |
| Jun 8, 2021 | 1 | Complaint (14) Docket Text: COMPLAINT against Does 1-10, inclusive,, Human + Kind Limited. (Filing Fee $ 402.00, Receipt Number ANYSDC-24647022)Document filed by By Humankind, Inc...(Blakely, Brent) |
