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North Atlantic Operating Company, Inc. et al v. Evergreen Distributors, LLC et al, No. 1:13-cv-04974 (E.D.N.Y.)
Case Title: North Atlantic Operating Company, Inc. et al v. Evergreen Distributors, LLC et al
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of New York
Index Number(s): 1:2013cv4974, 1:13-cv-04974, 1:13-cv-04974-ERK-VMS
Nature of Suit: 840 Trademark
Judge: Edward R. Korman
Magistrate Judge: Vera M. Scanlon
Case Opened: September 6, 2013
Case Closed April 29, 2015
Docket Entries
Date Filed Dkt # Entry Text
Sep 6, 2013 FILING FEE: $ 400, receipt number 4653063586 (Bowens, Priscilla)
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Sep 6, 2013 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration Gnadinger, # 3 Declaration Hood, # 4 Declaration Sturdivant, # 5 Proposed Order, # 6 Memorandum in Support) (Bowens, Priscilla) (Entered: 09/06/2013)
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Civil Cover Sheet
Declaration Gnadinger
Declaration Hood
Declaration Sturdivant
Proposed Order
Memorandum in Support
Sep 6, 2013 2 MOTION to Seal by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Bowens, Priscilla) (Entered: 09/06/2013)
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Sep 6, 2013 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: 09/06/2013)
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Sep 6, 2013 4 DISCLOSURE of Interested Parties by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. (Bowens, Priscilla) (Entered: 09/06/2013)
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Sep 6, 2013 5 Summons Issued as to 23rd St. General Market & Deli Corp., Evergreen Distributors, LLC, Douglas Ezring, Gourmet Food Market, Hussein Hachem, Majid Haroon, Hookah Plus, Inc., Manhattan Wholesalers NY Corp., New Line Food Distribution, Inc., New Star Tobacco, Inc., Majid Rashidzada. (Bowens, Priscilla) (Entered: 09/06/2013)
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Sep 10, 2013 Minute Entry for Show Cause Hearing held before Magistrate Judge Vera M. Scanlon on 9/10/2013. Marcella Ballard, Michael Colbert Hartmere, Victoria R. Danta, and Robert Leslie Meyerhoff for Plaintiffs. Gregory A. Clarick for Defendant Douglas Ezring. Salem Jwayyeh as principal for Defendant 23rd St. General Market & Deli Corp. The Court informed Mr. Jwayyeh that corporations must be represented by counsel. The Court heard testimony from John Hood and Clark Sturdivant.(Tape #10:39-12:15, 12:30-1:20.) (Rice, Liane)
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Sep 11, 2013 ORDER by Magistrate Judge Vera M. Scanlon on 9/10/2013. Plaintiffs will provide the Court photo files of Plaintiffs' Exhibit F by email to Scanlon_Chambers@nyed.uscourts.gov. By 9/12/2013, Plaintiffs will file a revised copy of their Proposed Order Granting Preliminary Injunction and Expedited Discovery that removes the Rego Park address for Defendant Douglas Ezring and Plaintiffs will file proposed findings of law and fact concerning the aforementioned Proposed Order. The proposal should include citations to the evidence offered at the 9/10/2013 hearing. Defendants may provide supplemental proposed findings of law and fact within one business day (not including 9/13/2013) of Plaintiffs' submission of the same. Plaintiffs will personally serve Defendant Evergreen Distributors, LLC at its Louisiana address by 9/12/2013 with service of process, a copy of the docket, and the Order to Show Cause filings. Defendant Douglas Ezring will inform the Court by 9/11/2013 whether he has any objections to Plaintiffs' proposed discovery requests. Defendant 23rd St. General Market & Deli has provided documents to Plaintiffs; Plaintiffs will return said documents by close of business 9/11/2013. Plaintiffs will inform Defendant 23rd St. General Market & Deli of this Docket Entry by close of business 9/11/2013. (Rice, Liane)
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Sep 11, 2013 ORDER finding as moot 2 Motion to Seal. On the record on 9/10/13, Plaintiffs' counsel represented that the action no longer needed to be sealed. Accordingly, this motion is denied. Ordered by Magistrate Judge Vera M. Scanlon on 9/11/2013. (Scanlon, Vera)
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Sep 11, 2013 6 ORDER TO SHOW CAUSE Show Cause Hearing set for 9/10/2013 10:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon.. Ordered by Judge Margo K. Brodie on 9/6/2013. (Marziliano, August) (Entered: 09/11/2013)
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Sep 12, 2013 7 TRANSCRIPT of Proceedings held on 9/10/13, before Judge SCANLON. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. (Hong, Loan) (Entered: 09/12/2013)
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Sep 16, 2013 8 NOTICE of Appearance by Gregory Alan Clarick on behalf of Douglas Ezring (aty to be noticed) (Clarick, Gregory) (Entered: 09/16/2013)
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Sep 17, 2013 9 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. Douglas Ezring served on 9/7/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 10 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. 23rd St. General Market & Deli Corp. served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 11 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. Gourmet Food Market served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 12 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. Hussein Hachem served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 13 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. Majid Haroon served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 14 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. Manhattan Wholesalers NY Corp. served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 15 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. New Line Food Distribution, Inc. served on 9/7/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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Sep 17, 2013 16 SUMMONS Returned Executed by North Atlantic Operating Company, Inc., National Tobacco Company, L.P.. New Star Tobacco, Inc. served on 9/9/2013, answer due 9/30/2013. (Hartmere, Michael) (Entered: 09/17/2013)
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