Case number 5:18-cv-00117
Thousand Island Park Corporation v. Welser > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 14, 2018 | 21 | Order on Motion to Dismiss for Failure to State a Claim (15) Docket Text: MEMORANDUM-DECISION AND ORDER: Thousand Island Park Corporation is free to pursue its claim of $4,960.13 in damages arising from Mark A. Welser's alleged breach of the Agreement in an appropriate state forum. See 28 U.S.C. ยง 1367(c)(3). Therefore, it is ORDERED that Defendant Mark A. Welser's # [12] Motion to Dismiss is GRANTED. It is further ORDERED that Thousand Island Park Corporation's # [17] Cross-Motion to Amend is DENIED. It is further ORDERED that Thousand Island Park Corporation's Lanham Act claim (First Cause of Action) is DISMISSED. It is further ORDERED that Thousand Island Park Corporation's remaining claims are DISMISSED without prejudice. The Clerk of the Court is directed to enter a judgment accordingly and close the file. Signed by Judge David N. Hurd on 6/14/2018. (mc) |
| Jun 14, 2018 | 22 | Judgment (2) Docket Text: JUDGMENT: It is ORDERED that Defendant Mark A. Welser's Motion to Dismiss is GRANTED. It is further ORDERED that Thousand Island Park Corporation's Cross-Motion to Amend is DENIED. It is further ORDERED that Thousand Island Park Corporation's Lanham Act claim (First Cause of Action) is DISMISSED. It is further ORDERED that Thousand Island Park Corporation's remaining claims are DISMISSED without prejudice. The Clerk of the Court is directed to enter a judgment accordingly and close the file. (mc) |
| Jun 14, 2018 | 23 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Determination of an Action. [Copy mailed to U.S. Patent and Trademark Office, along with copy of Memorandum-Decision and Order and Judgment.] (mc) |
| Jun 6, 2018 | N/A | Motion Hearing (0) Docket Text: TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Motion Hearing held on 6/6/2018. Judge Hurd hears argument as to pending motions: [17] Cross MOTION to Amend/Correct by Thousand Island Park Corporation, Complaint and [12] First MOTION to Dismiss for Failure to State a Claim and Second MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark A. Welser, and RESERVES DECISION with awritten opinion to follow. Appearances: Edward S. Bloomberg, Esq. and Alissa Fortuna-Valentine, Esq. for plaintiff Thousand Island Park Corporation; Keith Caughlin, Esq. for defendant Mark A. Welser. (Court Reporter Nancy Freddoso) (11:00am - 12:00pm) (ptm, ) |
| Jun 1, 2018 | N/A | Order Setting Hearing on Motion (0) Docket Text: TEXT NOTICE SETTING ORAL ARGUMENT ON DISPOSITIVE MOTION: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ re: [12] First MOTION to Dismiss for Failure to State a Claim , Second MOTION to Dismiss for Lack of Subject Matter Jurisdiction , and [17] Cross MOTION to Amend/Correct Complaint. All necessary papers having been received by the Court on these motions, it is NOW ordered that oral argument shall be heard on this matter on Wednesday, June 6, 2018 at 11:00AM in USDC / Utica, NY. Appearances by Counsel required in Court in Utica, NY. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on on 6/1/2018. |
| May 22, 2018 | 18 | Response in Opposition to Motion (2) Docket Text: RESPONSE in Opposition re [17] Cross MOTION to Amend/Correct Complaint filed by Mark A. Welser. (Caughlin, Keith) |
| May 22, 2018 | 19 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [12] First MOTION to Dismiss for Failure to State a Claim Second MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark A. Welser. (Caughlin, Keith) |
| May 17, 2018 | N/A | Set Motion and R&R Deadlines/Hearings (0) Docket Text: Reset Deadline as to [17] Cross MOTION to Amend/Correct Complaint. Response to Motion due by 5/22/2018. (see) |
| May 15, 2018 | 16 | Response in Opposition to Motion (19) Docket Text: RESPONSE in Opposition re [12] First MOTION to Dismiss for Failure to State a Claim Second MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Thousand Island Park Corporation. (Bloomberg, Edward) |
| Apr 10, 2018 | N/A | Order (0) Docket Text: TEXT ORDER granting request contained in Dkt. No. [13] as to the 5/1/2018 Rule 16 Conference. The Rule 16 Conference and related deadlines are adjourned without new date at this time and will be rescheduled, if necessary, once the Motion to Dismiss has been decided by District Judge Hurd. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/10/2018. (sg) |
| Apr 9, 2018 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [13] Letter Requesting a 3 week adjournment of the [12] First MOTION to Dismiss for Failure to State a Claim Second MOTION to Dismiss for Lack of Subject Matter Jurisdiction: Motion Hearing set for 6/8/2018 at 10:00 AM in Utica before Judge David N. Hurd. Response to Motion due by 5/15/2018. Reply to Response to Motion due by 5/22/2018. So Ordered by Judge David N. Hurd on 4/9/2018. (see) |
| Apr 6, 2018 | 13 | Letter Request/Motion (2) Docket Text: Letter Motion from Attorney Alissa Fortuna-Valentine for Thousand Island Park Corporation requesting 3 week adjournment submitted to Judge Hurd . (Fortuna-Valentine, Alissa) |
| Apr 4, 2018 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE of Hearing on Motion: Deft's [12] MOTION to Dismiss for Failure to State a Claim / MOTION to Dismiss for Lack of Subject Matter Jurisdiction is placed on Judge David N. Hurd's 5/11/18 Motion Calendar at 10 AM in Utica.Response to Motion due by 4/24/2018. Reply to Response to Motion due by 4/30/2018. (sfp, ) |
| Mar 28, 2018 | 11 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Keith Caughlin on behalf of Mark A. Welser (Caughlin, Keith) |
| Mar 13, 2018 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Alissa Fortuna-Valentine on behalf of Thousand Island Park Corporation (Fortuna-Valentine, Alissa) |
| Feb 22, 2018 | 9 | Waiver of Service Executed (2) Docket Text: WAIVER OF SERVICE Returned Executed by Thousand Island Park Corporation. Mark A. Welser waiver sent on 2/5/2018, answer due 4/6/2018. (Fortuna-Valentine, Alissa) |
| Feb 12, 2018 | 8 | Letter (1) Docket Text: Letter from Attorney Alissa M. Fortuna-Valentine advising the Court that she will be submitting her Attorney Admission papers on 2/13/2018. (khr) |
| Feb 5, 2018 | 7 | Order of Recusal (1) Docket Text: ORDER OF RECUSAL. Chief Judge Glenn T. Suddaby recused. Case randomly reassigned to Judge David N. Hurd for all further proceedings. Signed by Chief Judge Glenn T. Suddaby on 2/5/18. (lmw) |
| Jan 30, 2018 | 6 | Notice of Admission Requirement (1) Docket Text: NOTICE OF ADMISSION REQUIREMENT: as to Plaintiff Thousand Island Park Corporation; Attorney Alissa M. Fortuna-Valentine, Esq. Email address is afortuna-valentine@phillipslytle.com. Phone number is (716) 847-8400. Admissions due by 2/13/2018. [Copy of Notice Admission Requirement Letter sent to Attorney Alissa M. Fortuna-Valentine via email. (mc) |
| Jan 29, 2018 | 2 | Summons Issued (2) Docket Text: Summons Issued as to Mark A. Welser. (mc) |
| Jan 29, 2018 | 3 | FRCP 7.1 Corporate Disclosure Statement (1) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by Thousand Island Park Corporation. (mc) |
| Jan 29, 2018 | 4 | G.O. 25 Filing Order (15) Docket Text: G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/1/2018 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/24/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mc) |
| Jan 29, 2018 | 5 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing of an Action regarding an unregistered trademark. [Copy served electronically upon the U.S. Patent and Trademark office.] (mc) |
