Case number 1:18-cv-04526
The Green Pet Shop Enterprises, LLC v. Fine Promotions > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 21, 2023 | 84 | Letter in response to Defendant's Letter re: Motion for Reconsideration, Doc. 83 by The Green Pet Shop Enterprises, LLC (Susser, Steven) (Entered: 06/21/2023) (2) |
| Jun 20, 2023 | 83 | Letter re: Motion for Reconsideration (D.I. 81) by Fine Promotions (Levine, Russell) (Entered: 06/20/2023) (2) |
| May 30, 2023 | 81 | MOTION for Leave to Electronically File Document under Seal by Fine Promotions. (Attachments: # 1 Memorandum in Support of Defendant Fine Promotions LLC's Motion for Reconsideration) (Levine, Russell) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 82 | MOTION for Reconsideration re 80 Memorandum & Opinion, by Fine Promotions. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1) (Levine, Russell) (Entered: 05/30/2023) (0) |
| May 15, 2023 | 80 | MEMORANDUM AND ORDER: For the reasons stated in the attached memorandum and order, Plaintiff's motion to reconsider 71 is GRANTED in part. "Endothermically deactivated" is construed to mean "releases or emits heat." "Pressure activated" is construed to mean "activated exclusively by pressure." Ordered by Judge LaShann DeArcy Hall on 5/15/2023. (CG) (Entered: 05/15/2023) (7) |
| Apr 6, 2023 | 79 | Letter Regarding Status of Document #71 by The Green Pet Shop Enterprises, LLC (Susser, Steven) (Entered: 04/06/2023) (2) |
| Sep 30, 2022 | 78 | STATUS REPORT by The Green Pet Shop Enterprises, LLC (Susser, Steven) (Entered: 09/30/2022) (2) |
| Jul 7, 2022 | 77 | Letter Requesting an Adjournment of Status Conference Scheduled on July 12, 2022 by Fine Promotions (Hershkowitz, Matt) (Entered: 07/07/2022) (3) |
| May 11, 2022 | 76 | ORDER ON THE JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE DEFENDANTS ANTITRUST, TORTIOUS INTERFERENCE, AND UNFAIR COMPETITION COUNTERCLAIMS: IT IS HEREBY ORDERED that Defendant's Counterclaims I-III and VIII (Dkt. 55) are hereby DISMISSED WITHOUT PREJUDICE. Defendant may amend and refile its answer and counterclaims to reassert counterclaims related to antitrust, tortious interference, and unfair competition, without leave of Court. (See attached for details). Ordered by Judge LaShann DeArcy Hall on 5/5/2022. (Layne, Monique) (Entered: 05/11/2022) (1) |
| May 4, 2022 | 75 | STIPULATION of Dismissal of Defendant's Antitrust, Tortious Interference and Unfair Competition Counterclaims by Fine Promotions (Attachments: # 1 Proposed Order) (Levine, Russell) (Entered: 05/04/2022) (0) |
| Mar 28, 2022 | 74 | REPLY to Response to Motion re 71 Notice of MOTION for Reconsideration with Memorandum in Support filed by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 03/28/2022) (3) |
| Mar 25, 2022 | 73 | REPLY in Opposition re 71 Notice of MOTION for Reconsideration with Memorandum in Support filed by Fine Promotions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Levine, Russell) (Entered: 03/25/2022) (0) |
| Mar 18, 2022 | 72 | NOTICE of Appearance by Matt Hershkowitz on behalf of Fine Promotions (notification declined or already on case) (Hershkowitz, Matt) (Entered: 03/18/2022) (1) |
| Mar 10, 2022 | 71 | Notice of MOTION for Reconsideration with Memorandum in Support by The Green Pet Shop Enterprises, LLC. (Attachments: # 1 Memorandum in Support) (Susser, Steven) (Entered: 03/10/2022) (0) |
| Feb 24, 2022 | 70 | ORDER ADOPTING R&R IN PART: For the reasons set for in the attached memorandum and order, Magistrate Judge Orenstein's report and recommendation 62 ("R&R") regarding the parties' joint disputed claim terms chart 40 is ADOPTED in PART as the opinion of this Court. For the purposes of this litigation, "predefined distance" shall mean "established distance"; "pressure activated" shall mean "activation caused exclusively by pressure"; and "endothermically deactivated" is invalid as indefinite. As to the remaining terms to which Defendant did not object, the Court has reviewed the record and R&R for clear error and finds none. Ordered by Judge LaShann DeArcy Hall on 2/24/2022. (Williams, Erica) (Entered: 02/24/2022) (13) |
| Feb 1, 2022 | 69 | NOTICE by Fine Promotions of Withdrawal of Appearance (Mulvaney, Mira) (Entered: 02/01/2022) (2) |
| Jan 31, 2022 | 68 | NOTICE of Appearance by Russell Evan Levine on behalf of Fine Promotions (aty to be noticed) (Levine, Russell) (Entered: 01/31/2022) (1) |
| Dec 10, 2021 | 67 | NOTICE by Fine Promotions of Withdrawal of Appearance (Draper, David) (Entered: 12/10/2021) (2) |
| Nov 11, 2021 | 66 | MEMORANDUM in Opposition re 65 Objection to Report and Recommendations,, 1 - Sealed Document CV, filed by The Green Pet Shop Enterprises, LLC. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15) (Susser, Steven) (Entered: 11/11/2021) (0) |
| Oct 28, 2021 | N/A | ORDER: On or before November 11, 2021, Plaintiff is directed to respond to Defendant's objection 65 to Magistrate Judge Orenstein's October 27, 2020 report and recommendation. Ordered by Judge LaShann DeArcy Hall on 10/28/2021. (Williams, Erica) (Entered: 10/28/2021) (0) |
| Sep 14, 2021 | N/A | ELECTRONIC ORDER re 63 : Granting Motion for Leave to Electronically File Document Under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Chief Magistrate Cheryl L. Pollak on 9/14/2021. (Henney, Scott) (Entered: 09/14/2021) (0) |
| Sep 14, 2021 | 65 | OBJECTION to 62 Report and Recommendations filed by Fine Promotions. (Attachments: # 1 Exhibit 2, # 2 Exhibit 4, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 11, # 8 Exhibit 12, # 9 Exhibit 13, # 10 Exhibit 14, # 11 Exhibit 15) (Mulvaney, Mira) (Entered: 09/14/2021) (0) |
| Nov 10, 2020 | 63 | MOTION for Leave to Electronically File Document under Seal by Fine Promotions. (Attachments: # 1 Objections to Report and Recommendations, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15) (Draper, David) (Entered: 11/10/2020) (0) |
| Nov 10, 2020 | 64 | OBJECTION to 62 Report and Recommendations filed by Fine Promotions. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15) (Draper, David) (Entered: 11/10/2020) (0) |
| Oct 27, 2020 | N/A | ORDER REFERRING MOTION: CLAIM Joint Disputed Claim Terms Chart by The Green Pet Shop Enterprises, LLC. 40 is respectfully referred to Magistrate Judge James Orenstein for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 10/27/2020. (Williams, Erica) (Entered: 10/27/2020) (0) |
| Oct 27, 2020 | 62 | REPORT AND RECOMMENDATIONS re 40 filed by The Green Pet Shop Enterprises, LLC. For the reasons set forth in the attached document, I respectfully recommend that the court adopt the plaintiff's proposed interpretation of each of the disputed claim terms at issue in this case. Any objections to this Report and Recommendation are due by November 10, 2020. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 10/27/2020. (Orenstein, James) (Entered: 10/27/2020) (6) |
| Oct 23, 2020 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge LaShann DeArcy Hall and Chief Magistrate Cheryl L. Pollak for all further proceedings. Judge Nicholas G. Garaufis, Magistrate Judge James Orenstein no longer assigned to case (Davis, Kimberly) (Entered: 10/23/2020) (0) |
| Oct 15, 2020 | 61 | TRANSCRIPT of Proceedings held on January 7, 2020, before Judge Orenstein. Court Transcriber: Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/5/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/13/2021. (Rocco, Christine) (Entered: 10/15/2020) (52) |
| May 13, 2020 | 60 | Notice of Related Case: The Civil Cover Sheet filed in Case No. 2:20-cv-02149 (JMA)(AYS) indicates that this case is a related case. (Flanagan, Doreen) (Entered: 05/13/2020) (1) |
| Jan 7, 2020 | 59 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Markman Hearing held on 1/7/2020. The parties presented their respective arguments on claim construction. (Orenstein, James) (Entered: 01/07/2020) (1) |
| Jan 6, 2020 | 58 | TRANSCRIPT of Proceedings held on April 20, 2019, before Judge Orenstein. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (Hong, Loan) (Entered: 01/06/2020) (31) |
| Dec 2, 2019 | 57 | Green Pet Shop and Firefly Buys's ANSWER to 55 Amended Answer to Complaint,, Counterclaim, by Southeast Clearance Consolidators, Inc. d/b/a Firefly Buys, The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 12/02/2019) (30) |
| Nov 20, 2019 | 56 | Summons Issued as to Southeast Clearance Consolidators, Inc. d/b/a Firefly Buys. (Lee, Tiffeny) (Entered: 11/20/2019) (2) |
| Nov 19, 2019 | N/A | ORDER granting 45 Motion for Leave to File; granting 46 Motion for Leave to File -- See docket entry 54 . Ordered by Magistrate Judge James Orenstein on 11/19/2019. (Gutmann, Joseph) (Entered: 11/19/2019) (0) |
| Nov 15, 2019 | 55 | AMENDED ANSWER to 1 Complaint, Affirmatives Defenses, COUNTERCLAIM against Southeast Clearance Consolidators, Inc. d/b/a Firefly Buys, The Green Pet Shop Enterprises, LLC by Fine Promotions. (Attachments: # 1 Proposed Summons, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Draper, David) (Entered: 11/15/2019) (0) |
| Nov 7, 2019 | 54 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 11/7/2019. Scheduling: The claim construction hearing will be held on January 7, 2020, at 2:00 p.m. Summary: (1) As set forth on the record, the defendant will, after further consultation with the plaintiff, seek to revise the proposed amended answer so that it can be filed without redaction on the public docket and without quoting or specifically describing the contents of records that remain designated as confidential. The defendant anticipates filing the revised pleading by November 18, 2019. (2) After discussing the matter with the parties, I scheduled the claim construction hearing as noted above. (Orenstein, James) (Main Document 54 replaced on 11/14/2019) (Guy, Alicia). Modified on 11/14/2019 to correct a clerical error to the date of the hearing date. (Guy, Alicia). (Entered: 11/07/2019) (1) |
| Nov 7, 2019 | N/A | ORDER granting 48 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge James Orenstein on 11/7/2019. (Orenstein, James) (Entered: 11/07/2019) (0) |
| Nov 1, 2019 | 53 | REPLY in Support re 42 Memorandum in Support, filed by The Green Pet Shop Enterprises, LLC. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4) (Susser, Steven) (Entered: 11/01/2019) (0) |
| Oct 28, 2019 | N/A | SCHEDULING ORDER re 45 MOTION for Leave to File Document, 48 MOTION for Leave to Electronically File Document under Seal -- I will hold a status conference on November 7, 2019, at 3:00 p.m. in Courtroom 11D South. Pending the conference, I respectfully direct defendant Fine Promotions LLC to file its amended pleading, see Docket Entry 45 , and its claim construction brief and exhibits, see Docket Entry 48 , under seal along with a suitably redacted version of the amended pleading on the public docket. Ordered by Magistrate Judge James Orenstein on 10/28/2019. (Gutmann, Joseph) (Entered: 10/28/2019) (0) |
| Oct 28, 2019 | 50 | MEMORANDUM in Opposition re 42 Memorandum in Support, Claim Construction Brief filed by Fine Promotions. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (Draper, David) (Entered: 10/28/2019) (0) |
| Oct 28, 2019 | 51 | AMENDED ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against The Green Pet Shop Enterprises, LLC, Southeast Clearance Consolidators, Inc. d/b/a Firefly Buys by Fine Promotions. (Attachments: # 1 Proposed Summons, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Draper, David) (Entered: 10/28/2019) (0) |
| Oct 28, 2019 | 52 | AMENDED ANSWER to 1 Complaint, 51 1 - Sealed Document CV,, Amended Answer to Complaint,, Counterclaim, Affirmative Defenses, COUNTERCLAIM (Public Redacted Version) against Southeast Clearance Consolidators, Inc. d/b/a Firefly Buys, The Green Pet Shop Enterprises, LLC by Fine Promotions. (Attachments: # 1 Proposed Summons, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Draper, David) (Entered: 10/28/2019) (0) |
| Oct 25, 2019 | 48 | MOTION for Leave to Electronically File Document under Seal by Fine Promotions. (Attachments: # 1 Claim Construction Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15) (Draper, David) (Entered: 10/25/2019) (0) |
| Oct 25, 2019 | 49 | MEMORANDUM in Opposition re 42 Memorandum in Support, Claim Construction Brief filed by Fine Promotions. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (Draper, David) (Entered: 10/25/2019) (0) |
| Oct 21, 2019 | 47 | RESPONSE to Motion re 46 MOTION for Leave to File Document filed by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 10/21/2019) (5) |
| Oct 16, 2019 | N/A | ORDER granting 44 Motion for Leave to Electronically File Document under Seal -- I respectfully direct defendant Fine Promotions LLC to file a suitably redacted version of its letter motion, Exhibit 1 to Docket Entry 44 , on the public docket. Ordered by Magistrate Judge James Orenstein on 10/16/2019. (Gutmann, Joseph) (Entered: 10/16/2019) (0) |
| Oct 16, 2019 | 45 | MOTION for Leave to File Document by Fine Promotions. (Attachments: # 1 Amended Pleading) (Draper, David) (Entered: 10/16/2019) (0) |
| Oct 16, 2019 | 46 | MOTION for Leave to File Document by Fine Promotions. (Draper, David) (Entered: 10/16/2019) (4) |
| Oct 15, 2019 | 44 | MOTION for Leave to Electronically File Document under Seal by Fine Promotions. (Attachments: # 1 Letter Motion to File, # 2 Amended Pleading) (Draper, David) (Entered: 10/15/2019) (0) |
| Oct 10, 2019 | 43 | Stipulation of Withdrawal of Certain Claims in Plaintiff's Complaint, IT IS HEREBY ORDERED that the indirect infringement and willfulness claims brought by Plaintiff, The Green Pet Shop Enterprises, LLC, as filed in itsComplaint, (ECF Document #1) are withdrawn from the above-captioned matter. So Ordered by Judge Nicholas G. Garaufis on 10/9/2019. (Lee, Tiffeny) (Entered: 10/10/2019) (2) |
| Sep 25, 2019 | 42 | MEMORANDUM in Support The Green Pet Shop Enterprises, LLC's Claim Construction Brief Under LRP 12 filed by The Green Pet Shop Enterprises, LLC. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5, # 7 Exhibit Ex. 6, # 8 Exhibit Ex. 7, # 9 Exhibit Ex. 8) (Susser, Steven) (Entered: 09/25/2019) (0) |
| Aug 29, 2019 | N/A | ORDER re 41 Notice -- The motion is granted; attorney Matt Hershkowitz terminated. Ordered by Magistrate Judge James Orenstein on 8/29/2019. (Gutmann, Joseph) (Entered: 08/29/2019) (0) |
| Aug 28, 2019 | 41 | NOTICE by Fine Promotions of Withdrawal of Appearance (Hershkowitz, Matt) (Entered: 08/28/2019) (2) |
| Aug 26, 2019 | 40 | CLAIM Joint Disputed Claim Terms Chart by The Green Pet Shop Enterprises, LLC. (Susser, Steven) Modified on 10/27/2020 to correct event type (Almonte, Kelly). (Entered: 08/26/2019) (6) |
| Aug 23, 2019 | 38 | MOTION for Protective Order Stipulated Protective Order by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 08/23/2019) (14) |
| Aug 23, 2019 | N/A | ORDER granting 38 Motion for Protective Order -- The motion is granted, and the stipulated protective order, Docket Entry 38 , is so ordered. Ordered by Magistrate Judge James Orenstein on 8/23/2019. (Gutmann, Joseph) (Entered: 08/23/2019) (0) |
| Aug 23, 2019 | 39 | Proposed MOTION to Withdraw 1 Complaint, Proposed Stipulation of Withdrawal of Certain Claims in Plaintiff's Complaint( ECF Doc #1) by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 08/23/2019) (2) |
| Aug 20, 2019 | 37 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 8/20/2019. Scheduling: There are no further conferences scheduled before me at this time. Summary: As set forth on the record, I denied the motion for a protective order without prejudice to the defendant's right to challenge the plaintiff's designation of records as "Highly Confidential Information Attorneys' Eyes Only." I anticipate that each party will use that designation sparingly, if at all. (Orenstein, James) (Entered: 08/20/2019) (1) |
| Aug 20, 2019 | N/A | ORDER denying 31 Motion for Protective Order - see docket entry 37 . Ordered by Magistrate Judge James Orenstein on 8/20/2019. (Orenstein, James) (Entered: 08/20/2019) (0) |
| Aug 19, 2019 | N/A | ORDER -- Due to a conflict in the court's calendar, the status conference previously scheduled for August 20, 2019 at 11:00 a.m. is rescheduled for August 20, 2019 at 2:00 p.m. Ordered by Magistrate Judge James Orenstein on 8/19/2019. (Gutmann, Joseph) (Entered: 08/19/2019) (0) |
| Aug 16, 2019 | 35 | Proposed MOTION to Withdraw 1 Complaint, Proposed Stipulation of Withdrawal of Certain Claims in Plaintiff's Complaint by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 08/16/2019) (2) |
| Aug 16, 2019 | 36 | STATUS REPORT Joint Status Letter by The Green Pet Shop Enterprises, LLC (Susser, Steven) (Entered: 08/16/2019) (2) |
| Aug 8, 2019 | 34 | Letter MOTION for Hearing re Order on Motion to Adjourn Conference, by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 08/08/2019) (1) |
| Aug 8, 2019 | N/A | ORDER granting 34 Motion for Hearing -- The motion is granted; the status conference previously scheduled for August 20, 2019, is rescheduled for August 20, 2019, at 11:00 a.m. Ordered by Magistrate Judge James Orenstein on 8/8/2019. (Roantree, Bronwyn) (Entered: 08/08/2019) (0) |
| Aug 7, 2019 | N/A | ORDER re 32 Response to Motion -- Because I have found it difficult to have productive substantive conferences when one or more of the parties appear by telephone, I deny the request to present oral argument on the motion by telephone. Ordered by Magistrate Judge James Orenstein on 8/7/2019. (Roantree, Bronwyn) (Entered: 08/07/2019) (0) |
| Aug 7, 2019 | 33 | Letter MOTION to Adjourn Conference by Fine Promotions. (Draper, David) (Entered: 08/07/2019) (1) |
| Aug 7, 2019 | N/A | ORDER granting 33 Motion to Adjourn Conference -- The motion is granted; the status conference previously scheduled for August 15, 2019, is rescheduled for August 20, 2019, at 9:30 a.m. in Courtroom 11D. Ordered by Magistrate Judge James Orenstein on 8/7/2019. (Roantree, Bronwyn) (Entered: 08/07/2019) (0) |
| Aug 6, 2019 | 32 | RESPONSE to Motion re 31 Letter MOTION for Protective Order filed by The Green Pet Shop Enterprises, LLC. (Susser, Steven) (Entered: 08/06/2019) (3) |
| Aug 2, 2019 | N/A | SCHEDULING ORDER: re 31 Letter MOTION for Protective Order -- I respectfully direct the plaintiff to respond to the defendant's letter motion by August 6, 2019. I will hold a status conference on August 15, 2019, at 9:30 a.m. in Courtroom 11D South. Ordered by Magistrate Judge James Orenstein on 8/2/2019. (Roantree, Bronwyn) (Entered: 08/02/2019) (0) |
| Aug 1, 2019 | 31 | Letter MOTION for Protective Order by Fine Promotions. (Attachments: # 1 Proposed Order - Protective Order) (Draper, David) (Entered: 08/01/2019) (0) |
| Jun 18, 2019 | N/A | ORDER granting 30 Motion for Extension of Time to Complete Discovery -- The motion is granted on consent. The plaintiff shall serve its amended infringement contentions by June 17, 2019, and the defendant shall serve its invalidity contentions by August 16, 2019. All other deadlines in the case management and scheduling order dated February 27, 2019, Docket Entry 20 , remain in effect. Ordered by Magistrate Judge James Orenstein on 6/18/2019. (Gustafson, Kaelyn) (Entered: 06/18/2019) (0) |
| Jun 17, 2019 | 30 | Joint MOTION for Extension of Time to Complete Discovery re Infringement and Invalidity Contentions by Fine Promotions. (Draper, David) (Entered: 06/17/2019) (1) |
| May 2, 2019 | 29 | Letter by The Green Pet Shop Enterprises, LLC (Susser, Steven) (Entered: 05/02/2019) (2) |
| May 2, 2019 | N/A | ORDER re 29 Letter -- The request is granted on consent; Green Pet Shop's infringement contentions, served on May 1, 2019, are deemed timely, and Fine Promotions's invalidity contentions will be due July 2, 2019. Ordered by Magistrate Judge James Orenstein on 5/2/2019. (Roantree, Bronwyn) (Entered: 05/02/2019) (0) |
| Mar 7, 2019 | 28 | Letter to Judge Orenstein re Availability for Settlement Conference by Fine Promotions (Draper, David) (Entered: 03/07/2019) (1) |
| Mar 7, 2019 | N/A | ORDER re 28 Letter -- It appears that a settlement conference would not be a productive use of the parties' time. I therefore deny the non-consensual request to schedule a settlement conference. Ordered by Magistrate Judge James Orenstein on 3/7/2019. (Roantree, Bronwyn) (Entered: 03/07/2019) (0) |
| Mar 4, 2019 | 26 | ORDER granting 24 Motion for Reconsideration -- Attorney Matthew B. Hershkowitz, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By March 11, 2019, Mr. Hershkowitz shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Hershkowitz shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Hershkowitz shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 3/4/2019. (Roantree, Bronwyn) (Entered: 03/04/2019) (1) |
| Mar 4, 2019 | 27 | NOTICE of Appearance by Matt Hershkowitz on behalf of Fine Promotions (notification declined or already on case) (Hershkowitz, Matt) (Entered: 03/04/2019) (1) |
| Feb 28, 2019 | 23 | ORDER granting 22 Motion for Leave to Appear Pro Hac Vice -- Attorney Steven Susser, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By March 7, 2019, Mr. Susser shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Susser shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Susser shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 2/28/2019. (Roantree, Bronwyn) (Entered: 02/28/2019) (1) |
| Feb 28, 2019 | N/A | ORDER denying 21 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, he must do so no later than March 14, 2019. Ordered by Magistrate Judge James Orenstein on 2/28/2019. (Roantree, Bronwyn) (Entered: 02/28/2019) (0) |
| Feb 28, 2019 | 24 | MOTION for Reconsideration re Order on Motion for Leave to Appear Pro Hac Vice,,, by Fine Promotions. (Attachments: # 1 Affidavit in Support of Motion to admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing) (Hershkowitz, Matt) (Entered: 02/28/2019) (0) |
| Feb 28, 2019 | 25 | NOTICE of Appearance by Steven Susser on behalf of The Green Pet Shop Enterprises, LLC (notification declined or already on case) (Susser, Steven) (Entered: 02/28/2019) (1) |
| Feb 27, 2019 | 19 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 2/27/2019. Messrs. Susser and Hershkowitz will each promptly seek admission pro hac vice and, upon admission, promptly file a notice of appearance. I will enter a separate case management and scheduling order that reflects the deadlines set forth in the parties' joint discovery plan. The parties will confer and submit a letter by March 6, 2019, proposing dates for a settlement conference. (Orenstein, James) (Entered: 02/27/2019) (1) |
| Feb 27, 2019 | 20 | SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: February 27, 2019. First request for production of documents and first request for interrogatories due by: April 12, 2019. Joint proposed protective order: April 19, 2019. Asserted claims and infringement contentions: April 29, 2019. Invalidity contentions due: June 28, 2019. Joint disputed claims terms chart due: August 26, 2019. Plaintiff's opening claim construction brief due: September 25, 2019. Defendant's claim construction brief due: October 25, 2019. Plaintiff's reply claim construction brief due: November 1, 2019. Claim construction hearing and later deadlines: To be scheduled. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/27/2019. (Orenstein, James) (Entered: 02/27/2019) (5) |
| Feb 27, 2019 | 21 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11238530. by Fine Promotions. (Attachments: # 1 Declaration in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing) (Hershkowitz, Matt) (Entered: 02/27/2019) (0) |
| Feb 27, 2019 | 22 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11238806. by The Green Pet Shop Enterprises, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit in Support) (Susser, Steven) (Entered: 02/27/2019) (0) |
| Feb 25, 2019 | 18 | Proposed Scheduling Order by The Green Pet Shop Enterprises, LLC (Rando, Robert) (Entered: 02/25/2019) (7) |
| Feb 18, 2019 | 17 | The Green Pet Shop Enterprises, LLC. ANSWER to 15 Answer to Complaint, Counterclaim by The Green Pet Shop Enterprises, LLC. (Rando, Robert) (Entered: 02/18/2019) (30) |
| Feb 1, 2019 | 16 | SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, February 27, 2019, at 10:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than February 25, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/1/2019. (Guy, Alicia) (Entered: 02/01/2019) (4) |
| Jan 25, 2019 | 14 | NOTICE of Appearance by David N Draper on behalf of Fine Promotions (aty to be noticed) (Draper, David) (Entered: 01/25/2019) (1) |
| Jan 25, 2019 | 15 | ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against The Green Pet Shop Enterprises, LLC by Fine Promotions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Draper, David) (Entered: 01/25/2019) (0) |
| Jan 14, 2019 | N/A | ORDER finding as moot 12 Motion to Compel -- If the defendant agrees that the plaintiff has effected service, any request to impose a deadline to respond is moot, as the applicable rule already provides such a deadline. Moreover, a party seeking scheduling or other relief must confer with opposing counsel before filing a motion. I deny the motion as moot. If the defendant fails to file a timely response to the complaint, the plaintiff must promptly seek a default or have the case dismissed for failure to prosecute. Ordered by Magistrate Judge James Orenstein on 1/14/2019. (Roantree, Bronwyn) (Entered: 01/14/2019) (0) |
| Jan 11, 2019 | 11 | NOTICE of Appearance by Mira Atanassova Mulvaney on behalf of Fine Promotions (aty to be noticed) (Mulvaney, Mira) (Entered: 01/11/2019) (1) |
| Jan 11, 2019 | 12 | Letter MOTION to Compel Court to Set a Deadline for Defendant to Respond to Complaint by Fine Promotions. (Mulvaney, Mira) (Entered: 01/11/2019) (1) |
| Jan 11, 2019 | 13 | SUMMONS Returned Executed by The Green Pet Shop Enterprises, LLC. (Rando, Robert) (Entered: 01/11/2019) (1) |
| Dec 28, 2018 | 10 | First MOTION for Extension of Time to File proof of effective service by The Green Pet Shop Enterprises, LLC. (Rando, Robert) (Entered: 12/28/2018) (2) |
| Dec 28, 2018 | N/A | ORDER granting 10 Motion for Extension of Time to File -- The motion is granted; the plaintiff shall file either proof of effective service or a motion requesting an extension of the time to effect proper service for good cause by January 11, 2019. Ordered by Magistrate Judge James Orenstein on 12/28/2018. (Roantree, Bronwyn) (Entered: 12/28/2018) (0) |
| Dec 21, 2018 | N/A | ORDER -- A review of the docket indicates that the plaintiff has not filed proof of effective service of the summons and complaint as required on the defendant. As a member of the Clerk's office has already explained to the plaintiff's counsel, attesting to service on a person whose title, and relationship to the defendant is unknown does not suffice as proof of effective service. No later than December 28, 2018, the plaintiff must either file proof of effective service on the docket or file a motion requesting an extension of the time to effect proper service for good cause. See Fed. R. Civ. P. 4(m). Failure to comply will result in a recommendation that the court dismiss the claims against the defendant who has not been properly served for failure to prosecute. See Fed. R. Civ. P. 4(m), 41 (b). Ordered by Magistrate Judge James Orenstein on 12/21/2018. (Guy, Alicia) (Entered: 12/21/2018) (0) |
| Dec 12, 2018 | 9 | SUMMONS Returned Executed by The Green Pet Shop Enterprises, LLC. (Rando, Robert) (Entered: 12/12/2018) (1) |
| Dec 5, 2018 | 8 | Request for Certificate of Default by The Green Pet Shop Enterprises, LLC (Attachments: # 1 Affirmation in support of Request for Cert. of Default, # 2 Proposed Cert. of Default) (Rando, Robert) (Entered: 12/05/2018) (0) |
| Nov 21, 2018 | N/A | ORDER -- A review of docket entry 7 in this action indicates that the defendant was served with the summons and complaint on September 7, 2018, and its answer was due on September 28, 2018, but to date has been filed. No later than December 5, 2018, one of the following events must occur: (a) the defendant must file its answer, (b) the parties must file a stipulation extending the defendant's time to answer, or (c) the plaintiff must file a request for a certificate of default. If none of the preceding events occurs by the deadline set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. The plaintiff's counsel is directed to provide a copy of this order to his client and to the defendant. See Fed. R. Civ. P. 41(b). Ordered by Magistrate Judge James Orenstein on 11/21/2018. (Guy, Alicia) (Entered: 11/21/2018) (0) |
| Nov 13, 2018 | N/A | ORDER -- A review of the docket indicates that the plaintiff has not filed proof of timely service of the summons and complaint as required on the defendant. See Fed. R. Civ. P. 4(l), (m). No later than November 20, 2018, the plaintiff must either file proof of timely service on the docket or file a motion requesting an extension of the time to effect service for good cause. See Fed. R. Civ. P. 4(m). Failure to comply will result in a recommendation that the case be dismissed for failure to prosecute. See Fed. R. Civ. P. 4(m), 41 (b). Ordered by Magistrate Judge James Orenstein on 11/13/2018. (Guy, Alicia) (Entered: 11/13/2018) (0) |
| Nov 13, 2018 | 7 | SUMMONS Returned Executed by The Green Pet Shop Enterprises, LLC. Fine Promotions served on 9/7/2018. (Rando, Robert) (Entered: 11/13/2018) (1) |
| Aug 10, 2018 | 4 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 08/10/2018) (2) |
| Aug 10, 2018 | 5 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 08/10/2018) (1) |
| Aug 10, 2018 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) (Entered: 08/10/2018) (0) |
| Aug 10, 2018 | 6 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) (Entered: 08/10/2018) (1) |
| Aug 9, 2018 | 2 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Bowens, Priscilla) (Entered: 08/10/2018) (1) |
| Aug 9, 2018 | N/A | Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 08/10/2018) (0) |
| Aug 9, 2018 | 3 | Summons Issued as to Fine Promotions. (Bowens, Priscilla) (Entered: 08/10/2018) (2) |
