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The Fourth Toro v. PV Bakery, Inc., No. 1:97-cv-09009 (S.D.N.Y.)
Case Title: The Fourth Toro v. PV Bakery, Inc.
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 1:1997cv9009, 1:97-cv-09009, 1:97-cv-09009-AKH
Nature of Suit: 840 Trademark
Judge: Alvin K. Hellerstein
Case Opened: December 8, 1997
Case Closed April 20, 2000
Docket Entries
Date Filed Dkt # Entry Text
Dec 8, 1997 AO 120 mailed to Commissioner of Patents and Trademarks, Washington, D.C. 20231 (pl)
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Dec 8, 1997 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00; RECEIPT #303354 (pl) (Entered: 12/09/1997)
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Dec 8, 1997 2 Rule 9 certificate filed by The Fourth Toro (pl) (Entered: 12/09/1997)
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Dec 9, 1997 Magistrate Judge Grubin is so Designated. (pl)
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Dec 12, 1997 3 Notice/Order setting initial pretrial conference for 2:15 p.m. on 2/9/98; ( signed by Judge Allen G. Schwartz ) (ls) (Entered: 12/16/1997)
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Dec 18, 1997 4 STIPULATION and ORDER, reset answer due for 1/16/98 for PV Bakery, Inc. (signed by Judge Allen G. Schwartz) (djc) (Entered: 12/22/1997)
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Dec 29, 1997 5 Filed Memo_Endorsement on letter dated 12/23/97 to Judge Schwartz from Richard A. Spehr.. Leave is granted to deft, without the need for a pre-motion conference, to serve and file the motion referred to. ( signed by Judge Allen G. Schwartz ) (kk) (Entered: 12/30/1997)
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Feb 27, 1998 6 NOTICE OF MOTION by PV Bakery, Inc. to dismiss the complaint, Return date 2/10/98; attached are papers in support (cd) (Entered: 03/03/1998)
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Feb 27, 1998 7 MEMORANDUM by PV Bakery, Inc. in support of [6-1] motion to dismiss the complaint (cd) (Entered: 03/03/1998)
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Feb 27, 1998 8 MEMORANDUM by The Fourth Toro in opposition to [6-1] motion to dismiss the complaint (cd) (Entered: 03/03/1998)
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Feb 27, 1998 9 AFFIDAVIT in opposition of H. Toro by The Fourth Toro Re: [6-1] motion to dismiss the complaint (cd) (Entered: 03/03/1998)
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Feb 27, 1998 10 REPLY MEMORANDUM by PV Bakery, Inc. re: [6-1] motion to dismiss the complaint (cd) (Entered: 03/03/1998)
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May 6, 1998 11 ORDER denying [6-1] motion to dismiss the complaint ( signed by Judge Allen G. Schwartz ); Copies mailed (cd) (Entered: 05/06/1998)
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May 19, 1998 12 ANSWER to Complaint; jury demand and COUNTERCLAIM by PV Bakery, Inc. (Attorney Richard A. Spehr) against The Fourth Toro; Firm of: Mayer Brown by attorney Richard A. Spehr for defendant PV Bakery, Inc. (cd) (Entered: 05/21/1998)
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May 19, 1998 13 Rule 1.9 certificate filed by PV Bakery, Inc. (cd) (Entered: 05/21/1998)
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Jun 17, 1998 14 REPLY by The Fourth Toro to [12-2] counter claim ; by attorney Lawrence E. Abelman for counter-defendant The Fourth Toro (sac) (Entered: 06/18/1998)
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Sep 16, 1998 15 PRETRIAL SCHEDULING ORDER: documents to be exchanged no later than 10/21/98; all discovery to close no later than 1/15/99; proposed consolidated pretrial order to be submitted by 2/19/99. The parties are instructed pursuant to Rule 16, FRCP, to meet and pursue settlement discussions, and plaintiff's counsel is directed to advise Chambers. ( signed by Judge Allen G. Schwartz ); Copies mailed (kw) (Entered: 09/17/1998)
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Oct 14, 1998 16 STIPULATION and ORDER, betw. the parties that Eric Weinstein, Esq. shall be substituted for the law firm of Abelman, Frayne & Schwab as counsel for the plaintiff and counterclaim-defendant, The Fourth Toro Family Partnership, in this action. (signed by Judge Allen G. Schwartz ). (djc) (Entered: 10/15/1998)
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Nov 30, 1998 17 Notice of reassignment to Judge Alvin K. Hellerstein Copy of notice and judge's rules mailed to Attorney(s) of Eric S. Weinstein, Richard A. Spehr . (jp) (Entered: 12/01/1998)
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Dec 22, 1998 18 Filed Memo-Endorsement on letter to Judge Hellerstein from Eric Weinstein dated 12/18/98, counsel proposes a revised scheduling order as follows, which includes a date for submitting fully-briefed cross-motions for summary judgment. The dates agreed are satisfactory ; reset fact discovery due for 1/15/99 ; set expert discovery due for 2/15/99; fully-briefed summary judgment motions due on 3/31/99 ; reset joint pretrial due for 4/16/99 ; the parties directed to appear for a pre-trial conference on 4/19/99, at 11:00 a.m., unless before then a dispositive motion is filed ( signed by Judge Alvin K. Hellerstein ) (kw) (Entered: 12/28/1998)
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