Case number 1:17-cv-01376
City of New York v. Tavern on the Green International LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 11, 2022 | N/A | Transmission of USCA Mandate/Order to District Judge (0) Docket Text: Transmission of USCA Mandate/Order to the District Judge re: [109] USCA Mandate. (tp) |
| Jan 10, 2022 | 109 | USCA Mandate (1) Docket Text: MANDATE of USCA (Certified Copy) as to [108] Notice of Appeal, filed by Tavern on the Green International LLC USCA Case Number 21-1237. It is HEREBY ORDERED that Appellant's brief must be filed on or before November 16, 2021. The appeal is dismissed effective November 16, 2021, if the brief is not filed by that date. A motion to extend the time to file the brief or to seek other relief will not toll the filing date. See Local Rule 27.1(f)(1); cf. RLI Insurance Co. v. JDJ Marine, Inc., 716 F.3d 41, 43-45 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/10/2022. (tp) |
| May 7, 2021 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [108] Notice of Appeal. (tp) |
| May 7, 2021 | N/A | Appeal Record Sent to USCA - Electronic File (0) Docket Text: Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [108] Notice of Appeal, filed by Tavern on the Green International LLC were transmitted to the U.S. Court of Appeals. (tp) |
| May 7, 2021 | 108 | Main Document (1) Docket Text: NOTICE OF APPEAL from [107] Judgment,,,. Document filed by Tavern on the Green International LLC. Filing fee $ 505.00, receipt number ANYSDC-24508053. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # (1) Exhibit A).(Rifkin, Mark) |
| May 7, 2021 | 108 | Exhibit A (9) |
| Apr 7, 2021 | 107 | Judgment (8) Docket Text: JUDGMENT, PERMANENT INJUNCTION & ORDER: Accordingly, IT IS HEREBY ORDERED THAT: 1. The City is awarded a declaratory judgment that, in light of TOGI's material breach and failure to timely cure under the Use Agreement, the City is entitled to revoke its consent for TOGI to use the name "Tavern on the Green" in connection with restaurant services. 2. The City shall be awarded $1.00 in nominal damages as to each of Counts I, II, III, IV, and V, for a total of $5.00. 3. TOGI and its agents are restrained and enjoined from using or associating themselves with the name "Tavern on the Green" in connection with restaurant services or the sale of restaurant franchises. The Clerk of the Court is respectfully directed to enter judgment in the City's favor on Counts I, II, III, IV, and V, and close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/7/2021) (rj) |
| Feb 27, 2020 | 103 | Letter (1) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated February 27, 2020 re: Filing Revised Proposed Final Judgment and Permanent Injunction. Document filed by City of New York..(Singleton, Gerald) |
| Feb 27, 2020 | 104 | Proposed Judgment (5) Docket Text: PROPOSED JUDGMENT. Document filed by City of New York..(Singleton, Gerald) |
| Feb 27, 2020 | 105 | Main Document (2) Docket Text: DECLARATION of Gerald E. Singleton re: [100] Affidavit in Opposition to Proposed Judgment. Document filed by City of New York. (Attachments: # (1) Exhibit A - Copy of Issued Summons, # (2) Exhibit B - Copy of Waiver of Service).(Singleton, Gerald) |
| Feb 27, 2020 | 105 | Exhibit A - Copy of Issued Summons (2) |
| Feb 27, 2020 | 105 | Exhibit B - Copy of Waiver of Service (2) |
| Feb 27, 2020 | 106 | Memorandum of Law (29) Docket Text: SUPPLEMENTAL MEMORANDUM OF LAW re: [99] Memorandum of Law in Opposition on Issue of Waiver and Abandonment of Notice Defense. Document filed by City of New York..(Singleton, Gerald) |
| Feb 19, 2020 | 101 | Transcript (38) Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 2/5/2020 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/19/2020..(McGuirk, Kelly) |
| Feb 19, 2020 | 102 | Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Feb 14, 2020 | 99 | Memorandum of Law in Opposition (10) Docket Text: SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: [91] Proposed Judgment . Document filed by Tavern on the Green International LLC..(Rifkin, Mark) |
| Feb 14, 2020 | 100 | Affidavit in Opposition (3) Docket Text: AFFIDAVIT of Louis Bivona in Opposition re: [91] Proposed Judgment. Document filed by Tavern on the Green International LLC..(Rifkin, Mark) |
| Feb 6, 2020 | 98 | Notice of Appearance (2) Docket Text: NOTICE OF APPEARANCE by Brian Thomas Horan on behalf of City of New York..(Horan, Brian) |
| Feb 5, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 2/5/2020. Attorneys Brian Horan and Gerald E. Singleton present for Plaintiff. Attorney Mark C. Rifkin present for Defendant. Court reporter present. As stated on the record, the Court directed the parties to brief the issue of whether Defendant abandoned its argument regarding Section 16, and the potential implications of waiver. The Court set the following briefing schedule: Defendant shall file its brief no later than February 14, 2020, Plaintiff shall file its response no later than February 28, 2020, and Defendant may file a reply no later than March 6, 2020. (O'Neil, Margaret) |
| Jan 26, 2020 | 97 | Order (1) Docket Text: ORDER, IT IS HEREBY ORDERED THAT the parties shall appear for a conference on February 5, 2020 at 3:30 p.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 2/5/2020 at 03:30 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan, Sitting by Designation on 1/26/20) (yv) |
| Nov 13, 2019 | 96 | Reply Memorandum of Law in Support (13) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [91] Proposed Judgment . Document filed by City of New York. (Singleton, Gerald) |
| Nov 1, 2019 | 94 | Memorandum of Law in Opposition (28) Docket Text: MEMORANDUM OF LAW in Opposition re: [91] Proposed Judgment . Document filed by Tavern on the Green International LLC. (Rifkin, Mark) |
| Nov 1, 2019 | 95 | Main Document (9) Docket Text: AFFIDAVIT of Louis Bivona in Opposition re: [91] Proposed Judgment. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Rifkin, Mark) |
| Nov 1, 2019 | 95 | Exhibit A (2) |
| Nov 1, 2019 | 95 | Exhibit B (14) |
| Nov 1, 2019 | 95 | Exhibit C (2) |
| Nov 1, 2019 | 95 | Exhibit D (2) |
| Nov 1, 2019 | 95 | Exhibit E (2) |
| Nov 1, 2019 | 95 | Exhibit F (2) |
| Oct 11, 2019 | 91 | Proposed Judgment (6) Docket Text: PROPOSED JUDGMENT. Document filed by City of New York. (Singleton, Gerald) |
| Oct 11, 2019 | 92 | Brief (20) Docket Text: BRIEF re: [91] Proposed Judgment and Permanent Injunction. Document filed by City of New York.(Singleton, Gerald) |
| Oct 11, 2019 | 93 | Letter (2) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated October 11, 2019 re: Proposed Final Judgment and Permanent Injunction Provisions Regarding Withdrawal of Pending Trademark Applications. Document filed by City of New York.(Singleton, Gerald) |
| Sep 23, 2019 | 90 | Order of Dismissal (2) Docket Text: ORDER... IT IS HEREBY ORDERED THAT Plaintiff's unresolved claim under Count I-which is limited to Section 3.04 of the Use Agreement - is DISMISSED. Because Plaintiff does not intend to pursue actual damages on any of its successful claims (Doc. No. 89 at 2), the only issue left to be resolved is the extent and scope of injunctive or declaratory relief. In light of the fact that the parties have agreed to forgo a formal inquest, IT IS FURTHER ORDERED THAT Plaintiff shall submit a proposed judgment and supporting memorandum of law addressing the scope of declaratory and injunctive relief - including whether it still intends to seek nominal damages, and any other remaining issues - no later than October 11, 2019. IT IS FURTHER ORDERED THAT Defendant shall file any opposition no later than November 1, 2019, and Plaintiff shall file a reply no later than November 13, 2019. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 9/23/19) (yv) |
| Sep 20, 2019 | 89 | Letter (3) Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated September 20, 2019 re: Status and Next Steps. Document filed by City of New York.(Singleton, Gerald) |
| Sep 19, 2019 | 87 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Mark C. Rifkin on behalf of Tavern on the Green International LLC. (Rifkin, Mark) |
| Sep 19, 2019 | 88 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Randall Scott Newman on behalf of Tavern on the Green International LLC. (Newman, Randall) |
| Sep 5, 2019 | 85 | Motion for Extension of Time (1) Docket Text: CONSENT MOTION for Extension of Time to Report to the Court. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Sep 5, 2019 | 86 | Order on Motion for Extension of Time (1) Docket Text: MEMO ENDORSED ORDER granting [85] Motion for Extension of Time. ENDORSEMENT: The parties ' request is GRANTED. IT IS HEREBY ORDERED THAT the parties shall file their joint letter no later than September 20, 2019. So Ordered. (Signed by Judge Richard J. Sullivan on 9/5/19) (yv) |
| Aug 26, 2019 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 8/26/2019. Attorney Gerald Singleton present for Plaintiff. Attorney Gerard Dunne present for Defendant. Court reporter present. As stated on the record, the Court directed the parties to submit a joint letter no later than September 9, 2019, addressing the status of the remaining claims and proposing next steps for injunctive relief. (O'Neil, Margaret) |
| Aug 20, 2019 | 83 | Motion for Conference (2) Docket Text: LETTER MOTION for Conference re: [81] Order,,,,,,, [80] Order on Motion for Summary Judgment,,,,,,,,,,,,, [82] Letter addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated August 20, 2019. Document filed by City of New York.(Singleton, Gerald) |
| Aug 20, 2019 | 84 | Order of Dismissal (3) Docket Text: ORDER....IT IS HEREBY ORDERED THAT Plaintiff's claims under that statute - which comprise Count VI of the operative Amended Complaint (Doc. No. 26 64- 68) - are DISMISSED with prejudice. The Court will therefore hold (1) a trial on Plaintiff's breach of contract and trademark claims in connection with Defendant's sale of salad oil products, and (2) an inquest regarding the scope of the injunctive relief available to Plaintiff in connection with its "breach of contract and trademark claims regarding the use of the 'Tavern on the Green' mark for restaurant services." (Doc. No. 82 at 1.) IT IS HEREBY ORDERED THAT the parties shall appear for a conference at 3:00 p.m. on Monday, August 26, 2019 in Courtroom 15A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED., (Status Conference set for 8/26/2019 at 03:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan, Sitting by Designation on 8/20/19) (yv) Modified on 10/11/2019 (yv). |
| Oct 11, 2018 | 82 | Letter (3) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton and Gerard F. Dunne dated October 11, 2018 re: Joint Letter re Next Steps in Litigation. Document filed by City of New York.(Singleton, Gerald) |
| Sep 28, 2018 | 80 | Order on Motion for Summary Judgment (2) Docket Text: ORDER granting in part and denying in part [50] Motion for Summary Judgment; denying [62] Motion for Summary Judgment. For the reasons set forth in a separately-docketed Opinion and Order, IT IS HEREBY ORDERED THAT Plaintiff's motion for summary judgment (Doc. No. 50) is GRANTED as to liability on Counts I, II, III, IV, and V. Plaintiff is entitled to injunctive relief in connection with Count I. The Court will determine the scope of that relief, and will assess Plaintiff's entitlement to damages, in a subsequent inquest proceeding. However, Plaintiff's motion for summary judgment is DENIED as to that portion of Count 1 that relates to Section 3.04 of the Use Agreement (Doc. No. 51 -5) and as to Count VI. Plaintiff is also entitled to summary judgment as to Defendant's counterclaim for breach of contract and for breach of the implied covenant of good faith and fair dealing. Accordingly, Defendant's motion for summary judgment (Doc. No. 49) is DENIED and judgment is entered in Plaintiff's favor as to Defendant's counterclaim. IT IS HEREBY ORDERED that, within two weeks of the date of this order, the parties shall submit a joint letter proposing the next steps in this litigation. The parties' letter shall address whether the City wishes to proceed to trial on its remaining claims, the nature of the inquest proceeding that will be held, and the evidence that will be presented at that proceeding. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 50 and 62. (Signed by Judge Richard J. Sullivan on 9/28/2018) (mro) Modified on 10/1/2018 (mro). |
| Sep 28, 2018 | 81 | Order (16) Docket Text: MEMORANDUM AND ORDER: For the reasons set forth above, the City's motion for summary judgment is GRANTED as to liability on Counts I (limited to Section 2.04(c) of the Use Agreement), II, III, IV, and V. The City is entitled to injunctive relief in connection with Count I. The Court will determine the scope of that injunctive relief, as well as the City's entitlement to damages, in a subsequent inquest proceeding. The City's motion for summary judgment is DENIED as to Count I (with respect to Section 3.04 of the Use Agreement) and as to Count VI. Further, the City is entitled to summary judgment on TOGI's counterclaim for breach of contract and breach of the implied duty of good faith and fair dealing. Accordingly, TOGI's motion for summary judgment is DENIED and judgment is entered in favor of the City as to TOGI's counterclaim. IT IS HEREBY ORDERED that, within two weeks of the date of this order, the parties shall submit a joint letter proposing the next steps in this litigation. The parties' letter shall address whether the City wishes to proceed to trial on its remaining claims, the nature of the inquest proceeding that will be held with respect to injunctive relief and damages, and the evidence that will be presented at that proceeding. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 50 and 62. SO ORDERED. Plaintiff, the City of New York, is represented by Gerald E. Singleton of the New York City Law Department, 100 Church Street, New York, New York 10007. Defendant Tavern on the Green International, LLC is represented by Gerard F. Dunne, Law Office of Gerard F. Dunne, P.C., 156 Fifth Avenue, Suite 1223, New York, New York, 10010. (Signed by Judge Richard J. Sullivan on 9/28/2018) (ne) Modified on 10/1/2018 (ne). |
| Aug 8, 2018 | 77 | Main Document (7) Docket Text: DECLARATION of Louis Bivona in Opposition re: [50] MOTION for Summary Judgment .. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit Exhibit C to Declaration of Louis Bivona, # (2) Exhibit Exhibit D to Declaration of Louis Bivona)(Dunne, Gerard) |
| Aug 8, 2018 | 77 | Exhibit Exhibit C to Declaration of Louis Bivona (2) |
| Aug 8, 2018 | 77 | Exhibit Exhibit D to Declaration of Louis Bivona (3) |
| Aug 8, 2018 | 78 | Response in Opposition to Motion (24) Docket Text: RESPONSE in Opposition to Motion re: [50] MOTION for Summary Judgment . Reply to Supplemental Rule 56.1 Statement. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Aug 8, 2018 | 79 | Rule 56.1 Statement (23) Docket Text: RULE 56.1 STATEMENT. Document filed by City of New York. (Singleton, Gerald) |
| Aug 1, 2018 | 74 | Rule 56.1 Statement (8) Docket Text: RULE 56.1 STATEMENT. Document filed by City of New York. (Singleton, Gerald) |
| Aug 1, 2018 | 75 | Main Document (8) Docket Text: DECLARATION of Gerald E. Singleton in Support re: [50] MOTION for Summary Judgment .. Document filed by City of New York. (Attachments: # (1) Ex. 1 - Letter dated May 26, 2016, # (2) Ex. 2 - Letter dated Jan. 10, 2017, # (3) Ex. 3 - Letter dated Feb. 16, 2017, # (4) Ex. 4 - printout from Mbb Management website)(Singleton, Gerald) |
| Aug 1, 2018 | 75 | Ex. 1 - Letter dated May 26, 2016 (3) |
| Aug 1, 2018 | 75 | Ex. 2 - Letter dated Jan. 10, 2017 (3) |
| Aug 1, 2018 | 75 | Ex. 3 - Letter dated Feb. 16, 2017 (6) |
| Aug 1, 2018 | 75 | Ex. 4 - printout from Mbb Management website (3) |
| Aug 1, 2018 | 76 | Response to Motion (9) Docket Text: RESPONSE to Motion re: [50] MOTION for Summary Judgment . Supplemental Rule 56.1 Statement. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Jul 26, 2018 | 73 | Order (1) Docket Text: ORDER: The Court is in receipt of the parties' cross-motions for summary judgment (Doc. Nos. 50, 62), their Local Rule 56. l Statements in support of those motions (Doc. Nos. 61, 65), their oppositions to the other party's Local Rule 56.1 Statement (Doc. Nos. 57, 70, 72), and the various other declarations, exhibits, and briefs filed in connection with the cross-motions for summary judgment. Although the parties generally address their respective compliance with Section 12.02 of the Use Agreement, the precise extent of the parties' compliance (or non-compliance) with the notice and cure provision, including Defendant's efforts to cure any breaches, remains unclear. Accordingly, IT IS HEREBY ORDERED that, by Wednesday, August 1, 2018, the parties shall each file supplemental Local Rule 56.1 Statements regarding their compliance with, and their opponent's non-compliance with, Section 12.02 of the Use Agreement, and shall attach any relevant supporting materials. IT IS FURTHER ORDERED that the parties shall each respond to the other's supplemental Local Rule 56.1 statement no later than Wednesday, August 8, 2018. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/25/2018) (ne) |
| Feb 28, 2018 | 62 | Motion for Summary Judgment (2) Docket Text: MOTION for Summary Judgment . Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Feb 28, 2018 | 63 | Declaration in Support of Motion (10) Docket Text: DECLARATION of Louis Bivona in Support re: [62] MOTION for Summary Judgment .. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 64 | Memorandum of Law in Support of Motion (5) Docket Text: MEMORANDUM OF LAW in Support re: [62] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 65 | Rule 56.1 Statement (19) Docket Text: RULE 56.1 STATEMENT. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 66 | Reply Memorandum of Law in Support of Motion (8) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [62] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 67 | Counter Statement to Rule 56.1 (12) Docket Text: COUNTER STATEMENT TO [65] Rule 56.1 Statement. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 68 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition to Motion re: [50] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 69 | Main Document (15) Docket Text: DECLARATION of Louis Bivona in Opposition re: [50] MOTION for Summary Judgment .. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit, # (2) Exhibit)(Dunne, Gerard) |
| Feb 28, 2018 | 69 | Exhibit (1) |
| Feb 28, 2018 | 69 | Exhibit (1) |
| Feb 28, 2018 | 70 | Counter Statement to Rule 56.1 (21) Docket Text: COUNTER STATEMENT TO [61] Rule 56.1 Statement. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 71 | Reply Memorandum of Law in Support of Motion (8) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [62] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 28, 2018 | 72 | Counter Statement to Rule 56.1 (12) Docket Text: COUNTER STATEMENT TO [65] Rule 56.1 Statement. Document filed by Tavern on the Green International LLC. (Dunne, Gerard) |
| Feb 27, 2018 | N/A | Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gerard Francis Dunne to RE-FILE Document [49] MOTION for Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. (ldi) |
| Feb 27, 2018 | N/A | Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gerald E. Singleton to RE-FILE Document [52] Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Rule 56.1 Statement is found under the event list Other Answers. (ldi) |
| Feb 27, 2018 | N/A | Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gerard Francis Dunne to RE-FILE Document [55] Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Declaration in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. Counter Statement to Rule 56.1 is found under the event list Other Answers. (ldi) |
| Feb 27, 2018 | 60 | Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [50] MOTION for Summary Judgment . . Document filed by City of New York. (Singleton, Gerald) |
| Feb 27, 2018 | 61 | Rule 56.1 Statement (14) Docket Text: RULE 56.1 STATEMENT. Document filed by City of New York. (Singleton, Gerald) |
| Feb 26, 2018 | 58 | Reply Memorandum of Law in Support of Motion (10) Docket Text: REPLY MEMORANDUM OF LAW in Support re: [50] MOTION for Summary Judgment . . Document filed by City of New York. (Singleton, Gerald) |
| Feb 26, 2018 | 59 | Main Document (8) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #66) - REPLY MEMORANDUM OF LAW in Support re: [49] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Attachments: # (1) Supplement Response to Rule 56 Counterstatement)(Dunne, Gerard) Modified on 3/2/2018 (ldi). |
| Feb 26, 2018 | 59 | Supplement Response to Rule 56 Counterstatement (12) |
| Feb 13, 2018 | N/A | Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0) Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gerald E. Singleton to RE-FILE Document [54] Memorandum of Law in Opposition to Motion. ERROR(S): Counter Statement to Rule 56.1 is filed separately, using the Event found under the Event Type - Other Answers. First refile Memorandum. (db) |
| Feb 13, 2018 | 56 | Memorandum of Law in Opposition to Motion (17) Docket Text: MEMORANDUM OF LAW in Opposition re: [49] MOTION for Summary Judgment . . Document filed by City of New York. (Singleton, Gerald) |
| Feb 13, 2018 | 57 | Counter Statement to Rule 56.1 (20) Docket Text: COUNTER STATEMENT TO Document filed by City of New York. (Singleton, Gerald) |
| Feb 12, 2018 | 55 | Main Document (10) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [50] MOTION for Summary Judgment . . Document filed by Tavern on the Green International LLC. (Attachments: # (1) Affidavit Declaration Of Louis Bivona, # (2) Exhibit Exhibit A, # (3) Exhibit Exhibit B, # (4) Response to Rule 56.1 Statement of Facts)(Dunne, Gerard) Modified on 2/27/2018 (ldi). |
| Feb 12, 2018 | 55 | Affidavit Declaration Of Louis Bivona (15) |
| Feb 12, 2018 | 55 | Exhibit Exhibit A (1) |
| Feb 12, 2018 | 55 | Exhibit Exhibit B (1) |
| Feb 12, 2018 | 55 | Response to Rule 56.1 Statement of Facts (21) |
| Feb 11, 2018 | 53 | Declaration in Opposition to Motion (9) Docket Text: DECLARATION of Gerald E. Singleton in Opposition re: [49] MOTION for Summary Judgment .. Document filed by City of New York. (Singleton, Gerald) |
| Feb 11, 2018 | 54 | Main Document (17) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [49] MOTION for Summary Judgment . . Document filed by City of New York. (Attachments: # (1) City Rule 56.1 Counterstatement)(Singleton, Gerald) Modified on 2/13/2018 (db). |
| Feb 11, 2018 | 54 | City Rule 56.1 Counterstatement (20) |
| Jan 8, 2018 | 49 | Main Document (2) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Tavern on the Green International LLC. Responses due by 2/12/2018 (Attachments: # (1) Affidavit of Louis Bivona, # (2) Rule 56.1 Statement of facts, # (3) Memorandum in Support)(Dunne, Gerard) Modified on 2/27/2018 (ldi). |
| Jan 8, 2018 | 49 | Affidavit of Louis Bivona (10) |
| Jan 8, 2018 | 49 | Rule 56.1 Statement of facts (19) |
| Jan 8, 2018 | 49 | Memorandum in Support (5) |
| Jan 8, 2018 | 50 | Motion for Summary Judgment (2) Docket Text: MOTION for Summary Judgment . Document filed by City of New York. Responses due by 2/12/2018(Singleton, Gerald) |
| Jan 8, 2018 | 51 | Main Document (10) Docket Text: DECLARATION of Gerald E. Singleton in Support re: [50] MOTION for Summary Judgment .. Document filed by City of New York. (Attachments: # (1) Exhibit 1-USPTO TESS printouts, # (2) Exhibit 2- Mar. 10, 2010 Decision, # (3) Exhibit 3-Apr. 8, 2010 Order, # (4) Exhibit 4- Stipulation and Order, # (5) Exhibit 5- Use Agreement, # (6) Exhibit 6- Letter dated June10, 2015, # (7) Exhibit 7-Letter dated July 8, 2015, # (8) Exhibit 8-Letter dated July 16, 2015, # (9) Exhibit 9-Letter dated Aug. 12, 2015, # (10) Exhibit 10-Email dated Mar. 18, 2016, # (11) Exhibit 11-Letter dated Apr. 5, 2016, # (12) Exhibit 12-Laterr dated Apr. 13, 2016, # (13) Exhibit 13- Excerpts Deposition of Louis Bivona)(Singleton, Gerald) |
| Jan 8, 2018 | 51 | Exhibit 1-USPTO TESS printouts (12) |
| Jan 8, 2018 | 51 | Exhibit 2- Mar. 10, 2010 Decision (24) |
| Jan 8, 2018 | 51 | Exhibit 3-Apr. 8, 2010 Order (6) |
| Jan 8, 2018 | 51 | Exhibit 4- Stipulation and Order (12) |
| Jan 8, 2018 | 51 | Exhibit 5- Use Agreement (35) |
| Jan 8, 2018 | 51 | Exhibit 6- Letter dated June10, 2015 (8) |
| Jan 8, 2018 | 51 | Exhibit 7-Letter dated July 8, 2015 (13) |
| Jan 8, 2018 | 51 | Exhibit 8-Letter dated July 16, 2015 (6) |
| Jan 8, 2018 | 51 | Exhibit 9-Letter dated Aug. 12, 2015 (8) |
| Jan 8, 2018 | 51 | Exhibit 10-Email dated Mar. 18, 2016 (3) |
| Jan 8, 2018 | 51 | Exhibit 11-Letter dated Apr. 5, 2016 (3) |
| Jan 8, 2018 | 51 | Exhibit 12-Laterr dated Apr. 13, 2016 (5) |
| Jan 8, 2018 | 51 | Exhibit 13- Excerpts Deposition of Louis Bivona (31) |
| Jan 8, 2018 | 52 | Main Document (30) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: [50] MOTION for Summary Judgment . . Document filed by City of New York. (Attachments: # (1) Plaintiff's Rule 56.1 Statement of Material Undisputed Facts)(Singleton, Gerald) Modified on 2/27/2018 (ldi). |
| Jan 8, 2018 | 52 | Plaintiff's Rule 56.1 Statement of Material Undisputed Facts (14) |
| Jan 3, 2018 | 47 | Motion for Extension of Time (2) Docket Text: JOINT LETTER MOTION for Extension of Time addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated January 3, 2018. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Jan 3, 2018 | 48 | Order on Motion for Extension of Time (2) Docket Text: ORDER granting [47] Letter Motion for Extension of Time. IT IS HEREBY ORDERED that the deadline for the parties to submit their motions for summary judgment is adjourned until Monday, January 8, 2018. All other deadlines are to remain in place. Motions due by 1/8/2018. (Signed by Judge Richard J. Sullivan on 1/3/2018) (mro) |
| Dec 12, 2017 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 2/12/2018 Replies due by 2/26/2018. (mro) |
| Dec 12, 2017 | 45 | Motion for Extension of Time (2) Docket Text: JOINT LETTER MOTION for Extension of Time To Brief Respective Summary Judgment Motions addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated December 12, 2017. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Dec 12, 2017 | 46 | Order on Motion for Extension of Time (2) Docket Text: ORDER granting [45] Letter Motion for Extension of Time. IT IS HEREBY ORDERED that the parties shall submit their motions for summary judgment by January 5, 2018, their opposition briefs by February 12, 2018, and their reply briefs by February 26, 2018. Motions due by 1/5/2018. (Signed by Judge Richard J. Sullivan on 12/12/2017) (mro) |
| Dec 2, 2017 | N/A | Case Redesignation (0) Docket Text: Magistrate Judge Stewart A. Aaron is so redesignated. (ad) |
| Dec 2, 2017 | N/A | Notice of Redesignation to Magistrate Judge (0) Docket Text: NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (ad) |
| Nov 10, 2017 | 44 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [43] Letter filed by City of New York. ENDORSEMENT: IT IS HEREBY ORDERED that the parties shall submit their motions for summary judgment by December 15, 2017, their opposition briefs by January 12, 2018, and their reply briefs by January 26, 2018. ( Motions due by 12/15/2017., Responses due by 1/12/2018, Replies due by 1/26/2018.) (Signed by Judge Richard J. Sullivan on 11/10/2017) (mro) |
| Nov 9, 2017 | 43 | Letter (1) Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated November 9, 2017 re: Proposed Briefing Schedule on Motions for Summary Judgment. Document filed by City of New York.(Singleton, Gerald) |
| Nov 6, 2017 | 42 | Order on Motion for Conference (1) Docket Text: ORDER terminating [31] Letter Motion for Conference. Defendant's request for further production is DENIED. Furthermore, the Court finds that a pre-motion conference on the parties' contemplated cross-motions for summary judgment is not needed. Accordingly, IT IS HEREBY ORDERED that, by November 10, 2017, the parties shall submit a joint letter with a proposed briefing schedule for their cross-motions for summary judgment. (Signed by Judge Richard J. Sullivan on 11/6/2017) (ras) |
| Nov 3, 2017 | 41 | Letter (3) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated November 3, 2017 re: Response to Defendant's Letter dated October 30, 2017, regarding Document Production. Document filed by City of New York.(Singleton, Gerald) |
| Oct 31, 2017 | 40 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [39] Letter filed by Tavern on the Green International LLC. ENDORSEMENT: IT IS HEREBY ORDERED that, by Friday, November 3, 2017, Plaintiff shall respond to Defendant's letter. (Signed by Judge Richard J. Sullivan on 10/30/2017) (ras) |
| Oct 30, 2017 | 39 | Letter (1) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated October 30, 2017 re: Order of October 23, 2017. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Oct 25, 2017 | 37 | Motion for Extension of Time (1) Docket Text: FIRST LETTER MOTION for Extension of Time addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated October 25, 2017. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Oct 25, 2017 | 38 | Order on Motion for Extension of Time (1) Docket Text: ORDER granting [37] Letter Motion for Extension of Time. So Ordered. (Signed by Judge Richard J. Sullivan on 10/25/2017) (js) |
| Oct 23, 2017 | 35 | Letter (2) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated October 23, 2017 re: Response per Order dated 10/19/17. Document filed by City of New York.(Singleton, Gerald) |
| Oct 23, 2017 | 36 | Memo Endorsement (2) Docket Text: MEMO ENDORSEMENT on re: [35] Letter filed by City of New York. ENDORSEMENT: IT IS HEREBY ORDERED that, by Friday, October 27, 2017, Defendant shall submit a letter responding to Plaintiff's contention that it has produced a privilege log and otherwise complied with the Court's October 3, 2017 order. If Plaintiff has not so complied, Defendant shall also indicate in its letter whether the deficiencies in Plaintiff's production will affect Defendant's ability to brief its contemplated cross motion for summary judgment. IT IS FURTHER ORDERED that the post-discovery conference scheduled for October 27, 2017 is adjourned sine die. (Signed by Judge Richard J. Sullivan on 10/23/2017) (mro) |
| Oct 19, 2017 | 34 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT on re: [33] Letter filed by Tavern on the Green International LLC. ENDORSEMENT: IT IS HEREBY ORDERED that, by Monday, October 23, 2017, Plaintiff shall respond to Defendant's assertion that Plaintiff has not produced a discovery log and/or continues to withhold documents on the basis that they are not relevant. (Signed by Judge Richard J. Sullivan on 10/19/2017) (ras) |
| Oct 18, 2017 | 33 | Letter (3) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated October 18, 2017 re: Pre-motion conference. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| Oct 13, 2017 | 31 | Motion for Conference (3) Docket Text: LETTER MOTION for Conference on Plaintiff's motion for Summary Judgment addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated October 13, 2017. Document filed by City of New York. Return Date set for 10/27/2017 at 02:00 PM.(Singleton, Gerald) |
| Oct 13, 2017 | 32 | Memo Endorsement (3) Docket Text: MEMO ENDORSEMENT on re: [31] LETTER MOTION for Conference on Plaintiff's motion for Summary Judgment addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated October 13, 2017, filed by City of New York. ENDORSEMENT: IT IS HEREBY ORDERED that, pursuant to the Court's Individual Rule 2.A, Defendant shall submit a response to Plaintiff's pre-motion letter by Wednesday, October 18, 2017. (Responses due by 10/18/2017) (Signed by Judge Richard J. Sullivan on 10/13/2017) (ras) |
| Oct 4, 2017 | 30 | Order on Motion for Discovery (4) Docket Text: ORDER denying [29] Letter Motion for Discovery. Defendant's discovery requests are DENIED. Defendant has not provided sufficient justification for an adjournment of the deadlines in the Court's scheduling order. (Doc. No. 19.) Additionally, the 30-day deadline for the submission of interrogatories contained in Local Civil Rule 33.3(c) only applies "unless the Court has ordered otherwise," and the Court ordered that interrogatories shall be served by June 16, 2017. (See Doc. No. 19). Defendant has not articulated why its sprawling requests, which primarily relate to Plaintiff's activity prior to the execution of the agreement disputed in this case, are likely to result in the discovery of evidence relevant to Defendant's affirmative defenses or counterclaims, or how its interrogatories comply with Local Civil Rule 33.3. Moreover, these discovery demands would exceed the limits of what is "proportiona[te] to the needs of the case." Fed. R. Civ. P. 26. However, the Court notes that Plaintiff may not withhold evidence based on an objection regarding its relevance, and that any documents withheld on the basis of privilege must be described in a privilege log. See Local Rules 26.2. The parties are reminded that discovery in this matter closes on October 13, 2017, at which point pre-motion letters for any contemplated post-discovery motions are also due, and that a post-discovery conference is scheduled for Friday, October 27, 2017 at 2:00 p.m. (Signed by Judge Richard J. Sullivan on 10/3/2017) (ras) |
| Sep 25, 2017 | N/A | Settlement Conference (0) Docket Text: Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 9/25/2017 at 11:00 a.m. No Settlement reached. (rsh) |
| Sep 25, 2017 | 29 | Main Document (4) Docket Text: JOINT LETTER MOTION for Discovery addressed to Judge Richard J. Sullivan from Gerard F. Dunne and Gerald Singleton dated September 25, 2017. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit)(Dunne, Gerard) |
| Sep 25, 2017 | 29 | Exhibit (15) |
| Sep 15, 2017 | 28 | Amended Answer to Counterclaim (4) Docket Text: AMENDED ANSWER to [27] Answer to Amended Complaint, Counterclaim,,. Document filed by City of New York. (Singleton, Gerald) |
| Sep 9, 2017 | 27 | Main Document (21) Docket Text: ANSWER to [26] Amended Complaint, with JURY DEMAND., COUNTERCLAIM against City of New York. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C)(Dunne, Gerard) |
| Sep 9, 2017 | 27 | Exhibit Exhibit A (54) |
| Sep 9, 2017 | 27 | Exhibit Exhibit B (16) |
| Sep 9, 2017 | 27 | Exhibit Exhibit C (8) |
| Aug 30, 2017 | 26 | Main Document (18) Docket Text: AMENDED COMPLAINT amending [1] Complaint, against Tavern on the Green International LLC.Document filed by City of New York. Related document: [1] Complaint,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9)(Singleton, Gerald) |
| Aug 30, 2017 | 26 | Exhibit 1 (12) |
| Aug 30, 2017 | 26 | Exhibit 2 (23) |
| Aug 30, 2017 | 26 | Exhibit 3 (6) |
| Aug 30, 2017 | 26 | Exhibit 4 (35) |
| Aug 30, 2017 | 26 | Exhibit 5 (8) |
| Aug 30, 2017 | 26 | Exhibit 6 (13) |
| Aug 30, 2017 | 26 | Exhibit 7 (6) |
| Aug 30, 2017 | 26 | Exhibit 8 (8) |
| Aug 30, 2017 | 26 | Exhibit 9 (5) |
| Aug 22, 2017 | N/A | Notice of Hearing (0) Docket Text: NOTICE of Hearing: Settlement Conference set for 9/25/2017 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. All counsel must be present and have e-filed a notice of appearance on the ECF system prior to the conference. Unless excused by the Court, each party, together with counsel, must appear in person for the conference. Any party appearing for the settlement conference must have FULL AUTHORITY TO SETTLE THE CASE. If a party is not prepared to go forward with settlement discussions, written notice to the Court is required prior to the conference. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah (212)-805-0242. (rsh) |
| Aug 22, 2017 | 25 | Stipulation and Order (1) Docket Text: STIPULATION: The undersigned attorneys for the parties herein hereby stipulate and agree that Plaintiff, the City of New York (the "City"), may file an amended complaint against defendant Tavern on the Green International LLC ("Defendant"), to assert a claim for declaratory judgment regarding the parties' respective rights and remedies under the Use Agreement as alleged in the Complaint. IT IS HEREBY ORDERED that Plaintiff shall file its amended complaint by Tuesday, September 5, 2017. (Amended Pleadings due by 9/5/2017.) (Signed by Judge Richard J. Sullivan on 8/22/2017) (ras) |
| Aug 21, 2017 | 24 | Notice (Other) (1) Docket Text: FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Stipulation re Consent to file Amended Complaint. Document filed by City of New York. (Singleton, Gerald) Modified on 8/22/2017 (db). |
| Jul 21, 2017 | 22 | Transcript (33) Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 5/26/2017 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017.(McGuirk, Kelly) |
| Jul 21, 2017 | 23 | Notice of Filing Transcript (1) Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Jun 15, 2017 | 21 | Answer to Counterclaim (3) Docket Text: ANSWER to [20] Counterclaim. Document filed by City of New York.(Singleton, Gerald) |
| Jun 9, 2017 | 20 | Main Document (18) Docket Text: AMENDED ANSWER to., COUNTERCLAIM against City of New York. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit, # (2) Exhibit)(Dunne, Gerard) |
| Jun 9, 2017 | 20 | Exhibit (54) |
| Jun 9, 2017 | 20 | Exhibit (16) |
| May 26, 2017 | N/A | Pretrial Conference - Initial (0) Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference held on 5/26/2017. Attorney Gerald Singleton present for Plaintiff. Attorney Gerard Dunne present for Defendant. Court reporter present. Defendant to submit amended answer and counterclaims, or a letter indicating that it has elected not to amend its answer and counterclaims, by June 9, 2017. Plaintiff to respond to amended answer and counterclaims, or to letter, and to include a proposed briefing schedule for Plaintiff's contemplated motion to dismiss, by June 16, 2017. (Kelley, Mark) |
| May 26, 2017 | 18 | 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 Settlement. Referred to Magistrate Judge Ronald L. Ellis. The parties shall contact Magistrate Judge Ellis by July 31, 2017 to schedule a settlement conference. (Signed by Judge Richard J. Sullivan on 5/26/2017) (mro) |
| May 26, 2017 | 19 | Scheduling Order (4) Docket Text: CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. ยง 636(c). This case is not to be tried to a jury. Depositions shall be completed by 8/30/2017. All fact discovery is to be completed no later than 10/13/2017. All discovery shall be completed no later than 10/13/2017. Status Conference set for 10/27/2017 at 02:00 PM before Judge Richard J. Sullivan. The parties are to contact MJ Ellis by July 31, 2017. Parties have conferred and their present best estimate of the length of trial is 3 days. (Signed by Judge Richard J. Sullivan on 5/26/2017) (mro) |
| May 16, 2017 | 16 | Status Report (3) Docket Text: STATUS REPORT. Joint Status Letter Document filed by City of New York.(Singleton, Gerald) |
| May 16, 2017 | 17 | Rule 26(f) Discovery Plan Report (4) Docket Text: RULE 26(f) DISCOVERY PLAN REPORT.Document filed by City of New York.(Singleton, Gerald) |
| May 9, 2017 | 15 | Letter (3) Docket Text: LETTER addressed to Judge Richard J. Sullivan from Gerard F. Dunne dated May 9, 2017 re: in response to pre-motion letter. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| May 5, 2017 | 14 | Order on Motion for Conference (1) Docket Text: ORDER granting [13] Letter Motion for Conference. The Court is in receipt of a letter from Plaintiff dated May 4, 2017, requesting a pre-motion conference for its contemplated motion to dismiss. (Doc. No. 13.) IT IS HEREBY ORDERED that, in accordance with the Court's Individual Rules and Practices, Rule 2.A, Defendant shall respond to Plaintiff's pre-motion letter by Tuesday, May 9, 2017. IT IS FURTHER ORDERED that the initial conference scheduled for May 26, 2017 at 10:30 a.m. will also function as a pre-motion conference. The parties are reminded that, per the Court's March 3, 2017 order (Doc. No. 9), their joint letter and proposed case management plan are due by May 16, 2017. Pre-Motion Conference set for 5/26/2017 at 10:30 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 5/5/2017) (cf) |
| May 4, 2017 | 12 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Gerald E. Singleton on behalf of City of New York. (Singleton, Gerald) |
| May 4, 2017 | 13 | Motion for Conference (3) Docket Text: LETTER MOTION for Conference re: [11] Answer to Complaint, Counterclaim for a Rule 12(b)(6) Motion to Dismiss All Counterclaims addressed to Judge Richard J. Sullivan from Gerald E. Singleton dated May 4, 2017. Document filed by City of New York.(Singleton, Gerald) |
| May 1, 2017 | 10 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tavern on the Green International LLC.(Dunne, Gerard) |
| May 1, 2017 | 11 | Main Document (26) Docket Text: ANSWER to [1] Complaint,., COUNTERCLAIM against City of New York. Document filed by Tavern on the Green International LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Dunne, Gerard) |
| May 1, 2017 | 11 | Exhibit A (54) |
| May 1, 2017 | 11 | Exhibit B (16) |
| Mar 3, 2017 | 9 | Order for Initial Pretrial Conference (2) Docket Text: ORDER: Initial Conference set for 5/26/2017, at 10:30 AM, in Courtroom 905, 40 Centre Street, New York, NY 10007, before Judge Richard J. Sullivan, SO ORDERED. (Signed by Judge Richard J. Sullivan on 03/03/2017) (ap) |
| Mar 1, 2017 | 8 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE RETURNED EXECUTED. Tavern on the Green International LLC waiver sent on 3/1/2017, answer due 5/1/2017. Document filed by City of New York. (Singleton, Gerald) |
| Feb 24, 2017 | N/A | Notice to Attorney Regarding Case Opening Statistical Error Correction (0) Docket Text:***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gerald E. Singleton. 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). (kl) |
| Feb 24, 2017 | N/A | Notice to Attorney Regarding Party Modification (0) Docket Text:***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gerald E. Singleton. The party information for the following party/parties has been modified: City of New York, Tavern on the Green International LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (kl) |
| Feb 24, 2017 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (kl) |
| Feb 24, 2017 | N/A | Case Designation (0) Docket Text: Magistrate Judge Ronald L. Ellis is so designated. (kl) |
| Feb 24, 2017 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (kl) |
| Feb 24, 2017 | 1 | Main Document (16) Docket Text: COMPLAINT against Tavern on the Green International LLC. (Filing Fee $ 400.00, Receipt Number 0208-13350554)Document filed by CITY OF NEW YORK. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 5 (cont'd), # (7) Exhibit 6)(Singleton, Gerald) |
| Feb 24, 2017 | 1 | Exhibit 1 (12) |
| Feb 24, 2017 | 1 | Exhibit 2 (23) |
| Feb 24, 2017 | 1 | Exhibit 3 (6) |
| Feb 24, 2017 | 1 | Exhibit 4 (35) |
| Feb 24, 2017 | 1 | Exhibit 5 (49) |
| Feb 24, 2017 | 1 | Exhibit 5 (cont'd) (53) |
| Feb 24, 2017 | 1 | Exhibit 6 (5) |
| Feb 24, 2017 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed. (Singleton, Gerald) |
| Feb 24, 2017 | 3 | 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.(Singleton, Gerald) |
| Feb 24, 2017 | 4 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Tavern on the Green International LLC, re: [1] Complaint,. Document filed by CITY OF NEW YORK. (Singleton, Gerald) |
| Feb 24, 2017 | 5 | 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). (kl) |
| Feb 24, 2017 | 6 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Tavern on the Green International LLC. (kl) |
| Feb 24, 2017 | 7 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Gerard Francis Dunne on behalf of Tavern on the Green International LLC. (Dunne, Gerard) |
