Case Details

CourtEastern District of New York
Docket number1:16-cv-02146
Date case filed2016-04-29
Date case closed
Date of latest filing
Assigned toJudge Roslynn R. Mauskopf
Case cause28:1338 Trademark Infringement
Nature of suit840 Trademark
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Lofted Coffee LLC
Party type: Counter Defendant
Attorney name: Brian Lehman
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Michael Kasell
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lofty Coffee Inc.
Party type: Counter Claimant
Attorney name: Matthew A. Pequignot
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael Giles Sullivan
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-04-29 COMPLAINT against Lofty Coffee Inc. filing fee $ 400, receipt number 0207-8572057 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Lofted Coffee LLC. (Kasell, David) (Entered: 04/29/2016)
22016-05-10 Proposed Summons.Civil Cover Sheet.. Re 1 Complaint by Lofted Coffee LLC (Attachments: # 1 proposed summons) (Kasell, David) (Entered: 05/10/2016)
2.1 proposed summons
32016-05-13 Proposed Summons.Civil Cover Sheet.. Re 1 Complaint by Lofted Coffee LLC (Attachments: # 1 Proposed Summons) (Kasell, David) (Entered: 05/13/2016)
42016-05-13 Summons Issued as to Lofty Coffee Inc.. (Bowens, Priscilla) (Entered: 05/13/2016)
52016-05-13 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: 05/13/2016)
62016-05-13 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/13/2016)
72016-07-11 Defendant's ANSWER to 1 Complaint for Declaratory Judgment, COUNTERCLAIM against Lofted Coffee LLC by Lofty Coffee Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Sullivan, Michael) (Entered: 07/11/2016)
82016-07-12 SCHEDULING ORDER: An Initial Conference set for 8/25/2016 @ 3:00 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/12/2016. (Caggiano, Diana) (Entered: 07/12/2016)
92016-07-24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8781949. by Lofted Coffee LLC. (Attachments: # 1 PHV Affidavit, # 2 Cert. Of Good Standing) (Ortiz, Matthew) (Entered: 07/24/2016)
9.1 PHV Affidavit
9.2 Cert. Of Good Standing
102016-07-25 Letter by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 07/25/2016)
112016-07-26 MOTION to Amend/Correct/Supplement 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8781949. by Lofted Coffee LLC. (Ortiz, Matthew) (Entered: 07/26/2016)
122016-07-29 Second MOTION to Amend/Correct/Supplement 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8781949. by Lofted Coffee LLC. (Attachments: # 1 Proposed Order) (Ortiz, Matthew) (Entered: 07/29/2016)
12.1 Proposed Order
132016-07-29 Letter in Response to Lofted's 07/25/16 Letter by Lofty Coffee Inc. (Sullivan, Michael) (Entered: 07/29/2016)
142016-07-29 ORDER finding as moot 9 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs 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 that the $150 admission fee be submitted to the Clerks Office..; finding as moot 11 Motion to Amend/Correct/Supplement; granting 12 Motion to Amend/Correct/Supplement. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/29/2016. (Caggiano, Diana) (Entered: 07/29/2016)
152016-08-04 Letter by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 08/04/2016)
162016-08-18 REPORT of Rule 26(f) Planning Meeting (Ortiz, Matthew) (Entered: 08/18/2016)
172016-08-23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8860237. by Lofty Coffee Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit) (Pequignot, Matthew) (Entered: 08/23/2016)
17.1 Affidavit
17.2 Exhibit
182016-08-23 Letter Motion to Appear by Telephone by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 08/23/2016)
192016-08-25 Amended MOTION to Amend/Correct/Supplement Motion for Pro Hac Vice Admission of Matthew A. Pequignot by Lofty Coffee Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Pequignot, Matthew) (Entered: 08/25/2016)
202016-08-25 ORDER denying 17 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs 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 that the $150 admission fee be submitted to the Clerks Office..; granting 19 Motion to Amend/Correct/Supplement. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/25/2016. (Caggiano, Diana) (Entered: 08/25/2016)
212016-08-26 MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 8/25/2016. Initial disclosures due 9/30/16. Parties to exchange document requests and interrogatories by 10/21/16 - responses 11/21/16. Telephone Conference set for 11/29/2016 @ 2:00 PM. (Caggiano, Diana) (Entered: 08/26/2016)
222016-10-18 Request for Certificate of Default by Lofty Coffee Inc. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order) (Sullivan, Michael) (Entered: 10/18/2016)
22.1 Affidavit in Support
22.2 Proposed Order
232016-10-20 First MOTION to Stay Discovery by Lofty Coffee Inc.. (Sullivan, Michael) (Entered: 10/20/2016)
242016-10-25 MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 10/25/16. Motion to stay discovery 23 denied without prejudice. Telephone Conference set for 11/29/2016 @ 2:00 PM. (Caggiano, Diana) (Entered: 10/25/2016)
252016-10-26 MOTION to Stay Discovery by Lofty Coffee Inc.. (Sullivan, Michael) (Entered: 10/26/2016)
262016-10-27 Letter to Judge Mauskopf by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 10/27/2016)
272016-10-28 REPLY in Support re 25 MOTION to Stay Discovery filed by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 10/28/2016)
282016-10-28 Letter to Judge Mauskopf 2 by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 10/28/2016)
292016-11-04 Motion to Appear by Telephone at November 10, 2016 pre-motion Conference by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 11/04/2016)
302016-11-07 Letter to Judge Mauskopf 3 by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 11/07/2016)
312016-11-08 Letter - Supplemental letter by Lofted Coffee LLC (Ortiz, Matthew) (Entered: 11/08/2016)
322016-11-09 Letter in Response to Lofted's 11/8/16 Letter by Lofty Coffee Inc. (Pequignot, Matthew) (Entered: 11/09/2016)
332016-11-22 MOTION to Withdraw as Attorney (Matthew Ortiz) by Lofted Coffee LLC. (Ortiz, Matthew) (Entered: 11/22/2016)
342016-11-28 ORDER granting 33 Motion to Withdraw as Attorney. Attorney Matthew B. Ortiz terminated. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/28/2016. (Caggiano, Diana) (Entered: 11/28/2016)
352016-11-29 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9095611. by Lofted Coffee LLC. (Lehman, Brian) (Entered: 11/29/2016)
362016-11-29 ENDORSED LETTER ORDER granting in part 35 : Request to seal granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/29/2016. (Singer, Jacob) (Entered: 11/29/2016)
372016-12-02 Request for Certificate of Default by Lofty Coffee Inc. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order CERTIFICATE OF DEFAULT) (Pequignot, Matthew) (Entered: 12/02/2016)
37.1 Affidavit in Support
37.2 Proposed Order CERTIFICATE OF DEFAULT
382016-12-02 RESPONSE to Motion re 35 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9095611. filed by Lofty Coffee Inc.. (Attachments: # 1 Declaration) (Pequignot, Matthew) (Entered: 12/02/2016)
392016-12-13 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Counter-Defendant Lofted Coffee LLC has failed to appear or otherwise defend this action, the default of Counter-Defendant Lofted Coffee LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 12/13/2016)
402016-12-13 Second MOTION to Adjourn Conference on Discovery Status by Lofted Coffee LLC. (Lehman, Brian) (Entered: 12/13/2016)
412016-12-13 REPLY in Opposition re 40 Second MOTION to Adjourn Conference on Discovery Status filed by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 12/13/2016)
422016-12-14 MINUTE ENTRY for Telephone Conference proceeding before MJ Pollak on 12/14/16. Responses to outstanding discovery due 12/30. Plaintiff to serve discovery requests by 12/30; responses due 1/31. Settlement conference to be scheduled. (Singer, Jacob) (Entered: 12/14/2016)
432016-12-19 First MOTION to Amend/Correct/Supplement 35 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9095611. Brian Lehman by Lofted Coffee LLC. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Lehman, Brian) (Entered: 12/19/2016)
442016-12-20 ORDER granting 35 - 43 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs 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 that the $150 admission fee be submitted to the Clerks Office. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/20/2016. (Caggiano, Diana) (Entered: 12/20/2016)
452016-12-20 MOTION for pre motion conference by Lofted Coffee LLC. (Lehman, Brian) (Entered: 12/20/2016)
462016-12-28 Letter regarding Plaintiff's available dates for settlement conference by Lofted Coffee LLC (Lehman, Brian) (Entered: 12/28/2016)
472017-01-04 MOTION for Leave to File Excess Pages in Opposition to Plaintiff Counterdefendant's Motion to Set Aside Default by Lofty Coffee Inc.. (Attachments: # 1 Proposed Opposition to Plaintiff Counterdefendant's Motion to Set Aside Default, # 2 Affirmation of Eric Myers in Support of Opposition to Motion to Set Aside Default, # 3 Affirmation of Michael Sullivan in Support of Opposition to Motion to Set Aside Default, # 4 Affirmation of Sarah Woodson in Support of Opposition to Motion to Set Aside Default, # 5 Affirmation of Matthew Pequignot in Support of Opposition to Motion to Set Aside Default, # 6 Exhibit A to Affirmation of Matthew Pequignot, # 7 Exhibit B to Affirmation of Matthew Pequignot, # 8 Exhibit C to Affirmation of Matthew Pequignot) (Pequignot, Matthew) (Entered: 01/04/2017)
47.1 Proposed Opposition to Plaintiff Counterdefendant's Motion to Set Aside De
47.2 Affirmation of Eric Myers in Support of Opposition to Motion to Set Aside Defau
47.3 Affirmation of Michael Sullivan in Support of Opposition to Motion to Set Aside
47.4 Affirmation of Sarah Woodson in Support of Opposition to Motion to Set Aside De
47.5 Affirmation of Matthew Pequignot in Support of Opposition to Motion to Set Asid
47.6 Exhibit A to Affirmation of Matthew Pequignot
47.7 Exhibit B to Affirmation of Matthew Pequignot
47.8 Exhibit C to Affirmation of Matthew Pequignot
482017-01-04 RESPONSE in Opposition re 47 MOTION for Leave to File Excess Pages in Opposition to Plaintiff Counterdefendant's Motion to Set Aside Default filed by Lofted Coffee LLC. (Lehman, Brian) (Entered: 01/04/2017)
492017-01-05 Letter to Magistrate Judge Pollak Requesting Discovery Conference by Lofted Coffee LLC (Attachments: # 1 Exhibit Defendant's First Set of Requests for Production of Documents) (Lehman, Brian) (Entered: 01/05/2017)
502017-01-05 Letter to Judge Pollack request service by first class mail and terminating use of email for service by Lofted Coffee LLC (Attachments: # 1 Exhibit) (Lehman, Brian) (Entered: 01/05/2017)
512017-01-05 REPLY in Opposition re 50 Letter, 49 Letter filed by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 01/05/2017)
522017-01-05 Letter reply to Defendant's letter in opposition to request for conference and counsel's use of email to serve by Lofted Coffee LLC (Lehman, Brian) (Entered: 01/05/2017)
532017-01-06 Letter regarding call-in and potential addition issue for telephone conference by Lofted Coffee LLC (Lehman, Brian) (Entered: 01/06/2017)
542017-01-06 Letter objecting to Defendant's forthcoming request for adjournment of settlement conference on January 20, 2017 by Lofted Coffee LLC (Attachments: # 1 Exhibit) (Lehman, Brian) (Entered: 01/06/2017)
552017-01-09 ORDER re 49 - 50 - 51 - 52 - 53 - 54 : On January 6, 2017, a telephone conference was held before the undersigned at which the following ruling were made: 1) Discovery is stayed pending the disposition of plaintiff's motion to set aside the Clerk's entry of default. The Court notes that discovery is not complete and will be re-opened either on all issues involved in the case, should plaintiff's motion be granted and the entry of default is vacated, or on damages, should plaintiff's motion be denied and the case proceeds to a motion for default judgment. 2) The parties were advised that, should counsel continue to have difficulty communicating with each other by e-mail, the Court may Order that counsel copy the Court on any further e-mail communications. 3) The Settlement Conference previously scheduled for January 20, 2017 is adjourned sine die. The Court notes, however, that should the parties confer and agree that a settlement conference may be fruitful, they may contact the Court's chambers to schedule such a conference. Prior to contacting the Court, the parties should confer as to dates that are mutually available for the parties. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/9/2017. (Caggiano, Diana) (Entered: 01/09/2017)
562017-01-11 REPLY in Support of MOTION for pre-motion conference (45) coverted by Court's Order to plaintiff's motion to set aside Clerk's entry of Default (39) filed by Lofted Coffee LLC. (Lehman, Brian) (Entered: 01/11/2017)
572017-01-12 Letter in Reply to Document No. 56 by Lofty Coffee Inc. (Attachments: # 1 Exhibit 1) (Pequignot, Matthew) (Entered: 01/12/2017)
57.1 Exhibit 1
582017-02-07 MOTION for Leave to Appear Pro Hac Vice for Sarah L. Woodson Filing fee $ 150, receipt number 0207-9273189. by Lofty Coffee Inc.. (Attachments: # 1 Affidavit of Sarah L. Woodson in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing) (Woodson, Sarah) (Entered: 02/07/2017)
592017-02-10 Letter MOTION for Discovery Stay Clarifying Order by Lofty Coffee Inc.. (Pequignot, Matthew) (Entered: 02/10/2017)
602017-02-15 MOTION to Amend/Correct/Supplement 58 MOTION for Leave to Appear Pro Hac Vice for Sarah L. Woodson Filing fee $ 150, receipt number 0207-9273189. by Lofty Coffee Inc.. (Attachments: # 1 Notice of Motion to Admit Counsel Pro Hac Vice, # 2 Affidavit of Sarah L Woodson In Support of Admission Pro Hac Vice, # 3 Certificate of Good Standing, # 4 Proposed Order) (Woodson, Sarah) (Entered: 02/15/2017)
612017-02-17 ORDER denying 58 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs 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 that the $150 admission fee be submitted to the Clerks Office; granting 60 Motion to Amend/Correct/Supplement. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/17/2017. (Caggiano, Diana) (Entered: 02/17/2017)
622017-02-21 Plaintiff's ANSWER to 7 Answer to Complaint,, Counterclaim, by Lofted Coffee LLC. (Lehman, Brian) (Entered: 02/21/2017)
632017-03-02 MOTION to Adjourn Conference Scheduled March 9, 2017, MOTION for Discovery Adjournment of Pending Discovery Deadlines by Lofty Coffee Inc.. (Woodson, Sarah) (Entered: 03/02/2017)