Case number 1:21-cv-02445
VPR Brands, LP v. Myle Vape Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 30, 2021 | N/A | Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 11/30/2021, via Webex. Appearances by Joseph Anthony Dunne and Eliezer Lekht for Plaintiff; Eric Heyer, Clifton McCann, and Mary Bielaska for Defendant. Case called. Discussion held. As stated on the record, Defendant will file a status report by 12/30/2021 advising the Court whether it intends to proceed with filing a motion for judgment on the pleadings. If the Defendant wishes to proceed, the status report shall include a joint proposed briefing schedule. (Court Reporter Holly Driscoll.) (Mahkamova, Shirin) (Entered: 11/30/2021) (0) |
| Nov 24, 2021 | N/A | ELECTRONIC ORDER granting 28 : The parties' stipulated Clawback Order is So Ordered by Chief Magistrate Cheryl L. Pollak on 11/24/2021. (Nordstrom, Britta) (Entered: 11/24/2021) (0) |
| Nov 24, 2021 | N/A | ELECTRONIC ORDER granting 27 : The parties' stipulated protective Order is So Ordered by Chief Magistrate Cheryl L. Pollak on 11/24/2021. (Nordstrom, Britta) (Entered: 11/24/2021) (0) |
| Nov 19, 2021 | 28 | Joint MOTION for Discovery , Entry of Clawback Order by VPR Brands, LP. (Attachments: # 1 Proposed Order - Clawback Order) (Rothman, Joel) (Entered: 11/19/2021) (0) |
| Nov 19, 2021 | 27 | Joint MOTION for Protective Order by VPR Brands, LP. (Attachments: # 1 Proposed Order) (Rothman, Joel) (Entered: 11/19/2021) (0) |
| Nov 18, 2021 | N/A | SCHEDULING ORDER: Due to a conflict in the Court's schedule, the pre-motion conference in connection with Defendants' 22 letter motion is adjourned to November 30, 2021 at 2:00 p.m. Defendants should be prepared to discuss why a dispositive motion is appropriate at this stage of the case, when the Court has not yet construed the claims of the patent at issue. The conference will be held by video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2314 296 4154. Ordered by Judge Pamela K. Chen on 11/18/2021. (Mahkamova, Shirin) (Entered: 11/18/2021) (0) |
| Nov 10, 2021 | N/A | STATUS REPORT ORDER: Status report regarding discovery due by 12/10/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/10/2021. (Nordstrom, Britta) (Entered: 11/10/2021) (0) |
| Nov 8, 2021 | 26 | STATUS REPORT Letter on Consent of all Parties by VPR Brands, LP (Dunne, Joseph) (Entered: 11/08/2021) (2) |
| Oct 21, 2021 | N/A | ORDER: Defendants' 22 letter motion requesting a pre-motion conference is granted. The Court will conduct a pre-motion conference on November 22, 2021 at 11:00 a.m. Defendants should be prepared to discuss why a dispositive motion is appropriate at this stage of the case, when the Court has not yet construed the claims of the patent at issue. The conference will be held by video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2314 296 4154. Ordered by Judge Pamela K. Chen on 10/21/2021. (Mahkamova, Shirin) (Entered: 10/21/2021) (0) |
| Oct 8, 2021 | 25 | Letter filed in response to pre-motion conference letter (DE 22) by VPR Brands, LP (Dunne, Joseph) (Entered: 10/08/2021) (4) |
| Oct 8, 2021 | 24 | NOTICE of Appearance by Eliezer Lekht on behalf of VPR Brands, LP (aty to be noticed) (Lekht, Eliezer) (Entered: 10/08/2021) (2) |
| Oct 8, 2021 | 23 | NOTICE of Appearance by Joseph Anthony Dunne on behalf of VPR Brands, LP (aty to be noticed) (Dunne, Joseph) (Entered: 10/08/2021) (2) |
| Oct 1, 2021 | 22 | Letter MOTION for Judgment on the Pleadings by MVH I, INC., Myle Vape Inc.. (Heyer, Eric) (Entered: 10/01/2021) (3) |
| Sep 17, 2021 | 21 | Letter Re Change in Delivery Date for future letter seeking pre-motion conference by Myle Vape Inc. (Bielaska, Mary) (Entered: 09/17/2021) (2) |
| Sep 9, 2021 | N/A | STATUS REPORT ORDER re. 20 : In light of the anticipated motion for judgment on the pleadings, the initial conference set for 9/9/2021 @ 3:15 PM is adjourned sine die. The parties will continue with discovery and the joint schedule filed by the parties 20 is So Ordered. Parties are to file a Status Report by 11/8/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 9/9/2021. (Nordstrom, Britta) (Entered: 09/09/2021) (0) |
| Sep 8, 2021 | 20 | REPORT of Rule 26(f) Planning Meeting (Dunne, Joseph) (Entered: 09/08/2021) (5) |
| Sep 8, 2021 | 19 | AMENDED ANSWER to Counterclaim-Plaintiff's 10 Answer to Complaint,, Counterclaim, filed by Defendants MYLE VAPE INC. and MVH I, INC. by VPR Brands, LP. (Rothman, Joel) (Entered: 09/08/2021) (12) |
| Sep 7, 2021 | N/A | ORDER: The Court grants Plaintiff's 18 request for leave to file an amended answer to Defendants' counterclaim. Although a court "has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007), in general a court "should freely give leave when justice so requires," Fed. R. Civ. P. 15(a)(2). The Court finds no good reason to deny leave to amend here. Amendment is not futile, and amendment will not cause undue delay. The Court finds no bad faith on Plaintiff's part, particularly given that courts have taken differing views on the appropriateness of the type of "document speaks for itself" pleading that Plaintiff originally employed in its counterclaim answer and which Defendants have moved to strike. Compare, e.g., Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 14-CV-6 (RLM) (SLC), 2015 WL 5730662, at *3 (N.D. Ind. Sept. 30, 2015) ("[I]n stating that the document 'speaks for itself' and 'to the extent that further response may be required, the paragraph is denied,' [a party] could be denying none, some, or all of the paragraph." (brackets omitted)), with Barnes v. AT&T Pension Benefit Plan-Nonbargained Program, 718 F. Supp. 2d 1167, 1175 (N.D. Cal. 2010) ("[A] conditional denial [in the form of denying allegations 'to the extent they are contradicted by the actual documents'] is the functional equivalent of a general denial, allowing the parties to dispute the contents of the referenced document as the litigation progresses."). Finally, the Court does not find that amendment will cause undue prejudice to Defendants in light of the early stage of this case and the "strong preference for resolving disputes on the merits." Cf. City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 129 (2d Cir. 2011) (quoting New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005)). Accordingly, Plaintiff shall promptly file its amended answer. Defendants' 17 motion for pre-motion conference regarding a motion to strike, which was incorrectly docketed as a motion to strike, is denied without prejudice to renewal, by filing a motion for pre-motion conference in accordance with the Court's Individual Practices and Rules within 14 days of Plaintiff filing its amended answer. The Court, however, notes that "[m]otions to strike are viewed with disfavor and infrequently granted." Greene v. Gerber Prods. Co., 262 F. Supp. 3d 38, 53 (E.D.N.Y. 2017) (quoting Emilio v. Sprint Spectrum L.P., 68 F. Supp. 3d 509, 514 (S.D.N.Y. 2014)). Ordered by Judge Pamela K. Chen on 9/7/2021. (Nguyen, Andrew) (Entered: 09/07/2021) (0) |
| Sep 3, 2021 | 18 | Letter Response to Pre-Motion Conference Letter (DE 17) and Request for Leave to File First Amended Answer by VPR Brands, LP (Attachments: # 1 Exhibit A - Proposed Amended Answer (Clean), # 2 Exhibit B - Proposed Amended Answer (Red-Lined)) (Dunne, Joseph) (Entered: 09/03/2021) (0) |
| Aug 27, 2021 | 17 | Letter MOTION to Strike 15 Answer to Counterclaim by MVH I, INC., Myle Vape Inc.. (Heyer, Eric) (Entered: 08/27/2021) (4) |
| Aug 25, 2021 | N/A | ORDER: Defendants/Counterclaim-Plaintiffs have filed a letter indicating service on Plaintiff/Counterclaim-Defendant of a "Motion to Strike Answer to Counterclaims and Deem Certain Allegations Admitted." (Dkt. 16 .) Defendants/Counterclaim-Plaintiffs, however, did not comply with Rule 3A of the Court's Individual Practices and Rules, which requires a party to request a pre-motion conference with the Court before making any motion pursuant to, among others, Fed. R. Civ. P. 12. Accordingly, the Court directs Defendants/Counterclaim-Plaintiffs to file a pre-motion conference request in accordance with the Court's Individual Practices and Rules, assuming that they are moving to strike pursuant to Fed. R. Civ. P. 12(f), or otherwise file a letter advising the Court of the basis of the motion. Such pre-motion conference request or letter must not exceed three (3) pages and shall be filed promptly, no later than 8/27/2021. Plaintiff/Counterclaim-Defendant shall file a response not to exceed three (3) pages by 9/3/2021. Thereafter, the Court will determine whether a pre-motion conference is necessary, what briefing, if any, will be considered with respect to the motion, and the schedule for any such briefing. Ordered by Judge Pamela K. Chen on 8/25/2021. (Nguyen, Andrew) (Entered: 08/25/2021) (0) |
| Aug 24, 2021 | 16 | Letter to Counsel for Counterclaim Defendant Regarding Motion to Strike Answer to Counterclaims and to Deem Certain Allegations Admitted by MVH I, INC., Myle Vape Inc. (Heyer, Eric) (Entered: 08/24/2021) (1) |
| Aug 3, 2021 | 15 | Counterclaim-Defendant's ANSWER to 10 Answer to Complaint,, Counterclaim, by VPR Brands, LP. (Rothman, Joel) (Entered: 08/03/2021) (13) |
| Jul 19, 2021 | 14 | NOTICE of Appearance by Clifton E McCann on behalf of MVH I, INC., Myle Vape Inc. (notification declined or already on case) (McCann, Clifton) (Entered: 07/19/2021) (2) |
| Jul 19, 2021 | N/A | ELECTRONIC ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/19/2021. (Bayer, Sarah) (Entered: 07/19/2021) (0) |
| Jul 16, 2021 | 13 | MOTION to Appear Pro Hac Vice of Clifton E. McCann Filing fee $ 150, receipt number ANYEDC-14664145. by MVH I, INC., Myle Vape Inc.. (McCann, Clifton) (Entered: 07/16/2021) (7) |
| Jul 14, 2021 | 12 | SCHEDULING ORDER: An Initial Conference is set for 9/9/2021 @ 3:15 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:15 PM. Enter Access code: 380-1746 and security code: 21-2445. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/14/2021. (Caggiano, Diana) (Entered: 07/14/2021) (8) |
| Jul 14, 2021 | 11 | NOTICE of Appearance by Gerard F. Dunne on behalf of VPR Brands, LP (aty to be noticed) (Dunne, Gerard) (Entered: 07/14/2021) (1) |
| Jul 13, 2021 | 10 | Myle Vape Inc and MVH I Inc ANSWER to Complaint of VPR Brands, First COUNTERCLAIM against VPR Brands, LP by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Bielaska, Mary) (Entered: 07/14/2021) (0) |
| Jul 13, 2021 | 9 | NOTICE of Appearance by Eric Heyer on behalf of MVH I, INC., Myle Vape Inc. (notification declined or already on case) (Heyer, Eric) (Entered: 07/13/2021) (2) |
| Jul 12, 2021 | N/A | ELECTRONIC ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/12/2021. (Bayer, Sarah) (Entered: 07/12/2021) (0) |
| Jul 9, 2021 | 8 | MOTION to Appear Pro Hac Vice of Eric N. Heyer Filing fee $ 150, receipt number ANYEDC-14643572. by MVH I, INC., Myle Vape Inc.. (Heyer, Eric) (Entered: 07/09/2021) (9) |
| Jul 6, 2021 | 7 | NOTICE of Appearance by Mary G. Bielaska on behalf of All Defendants (aty to be noticed) (Bielaska, Mary) (Entered: 07/06/2021) (3) |
| May 20, 2021 | 6 | WAIVER OF SERVICE Returned Executed by VPR Brands, LP. MVH I, INC. waiver sent on 5/4/2021, answer due 7/5/2021; Myle Vape Inc. waiver sent on 5/4/2021, answer due 7/5/2021. (Attachments: # 1 Executed Waiver - MVH) (Rothman, Joel) (Entered: 05/20/2021) (0) |
| May 3, 2021 | N/A | Case Assigned to Judge Pamela K. Chen and Magistrate Judge Robert M. Levy. 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: 05/03/2021) (0) |
| May 3, 2021 | 5 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 05/03/2021) (0) |
| May 3, 2021 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Chief Magistrate Cheryl L. Pollak for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case (Mahoney, Brenna) (Entered: 05/03/2021) (0) |
| May 3, 2021 | N/A | PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel.Ordered by Magistrate Judge Robert M. Levy on 5/3/2021. (Marino, Janine) (Entered: 05/03/2021) (0) |
| May 3, 2021 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) (Entered: 05/03/2021) (0) |
| May 3, 2021 | 4 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/03/2021) (1) |
| May 3, 2021 | 3 | 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: 05/03/2021) (2) |
| May 3, 2021 | 2 | Summons Issued as to All Defendants. (Attachments: # 1 MVH summons) (Bowens, Priscilla) (Entered: 05/03/2021) (0) |
| May 3, 2021 | 1 | Complaint* (1) |
