1:21-CV-09358
11/12/2021
Pending - Other Pending
Intellectual Property - Trademark
Analisa Torres
UMG Recordings, Inc.
OpenDeal Inc. doing business as Republic
Daniel Michael Nuzzaci
Jason Douglas Jones
David Donahue
Brett Thomas Perala
John Jacob Rosenberg
(#21) ORDER denying #20 Letter Motion to Adjourn Conference; granting #20 Letter Motion for Extension of Time to Answer re #20 . GRANTED in part, DENIED in part. The Court's order of November 30, 2021, directed the parties to submit a joint letter and proposed case management plan by February 1, 2022. ECF No. 11. The Court did not schedule an initial pretrial conference for that date. The parties' request to adjourn the deadline to submit a joint letter and proposed case management plan is DENIED. Defendant's request to extend the deadline to answer or otherwise respond to the complaint to January 18, 2022, is GRANTED. So Ordered. OpenDeal Inc. answer due 1/18/2022. (Signed by Judge Analisa Torres on 1/7/2022) (js) (Entered: 01/07/2022)
(#20) JOINT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022., JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 01/06/2022)
(#19) DECLARATION of David Donahue - Service re: #1 Complaint,, #3 Rule 7.1 Corporate Disclosure Statement, #8 Summons Issued, #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney, #2 Civil Cover Sheet . Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 01/06/2022)
(#18) ORDER granting in part and denying in part #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. The parties' request for a pre-motion conference is DENIED. Plaintiff's request to file a motion for a preliminary injunction is GRANTED. Accordingly, 1. By January 24, 2022, Plaintiff shall file its motion for a preliminary injunction. 2. By February 14, 2022, Defendant shall file its opposition papers. 3. By February 28, 2022, Plaintiff shall file its reply, if any. The Clerk of Court is directed to terminate the motion pending at ECF No. 13. SO ORDERED.. (Signed by Judge Analisa Torres on 12/16/2021) (kv) (Entered: 12/16/2021)
(#17) LETTER RESPONSE to Motion addressed to Judge Analisa Torres from John J. Rosenberg dated 12/14/21 re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. . Document filed by OpenDeal Inc...(Perala, Brett) (Entered: 12/14/2021)
(#16) NOTICE OF APPEARANCE by Brett Thomas Perala on behalf of OpenDeal Inc...(Perala, Brett) (Entered: 12/09/2021)
(#15) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OpenDeal Inc...(Rosenberg, John) (Entered: 12/09/2021)
(#13) LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 12/07/2021)
(#19) DECLARATION of David Donahue - Service re: #1 Complaint,, #3 Rule 7.1 Corporate Disclosure Statement, #8 Summons Issued, #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney, #2 Civil Cover Sheet . Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 01/06/2022)
Exhibit J - Webpage
Exhibit I - cease and desist letter
Exhibit G - Webpage
Exhibit F - Communication
Exhibit E - Communication
Exhibit C - Rolling Stone article
Exhibit B - Billboard article
Exhibit A - Billboard article
Main Document
Docket(#21) ORDER denying #20 Letter Motion to Adjourn Conference; granting #20 Letter Motion for Extension of Time to Answer re #20 . GRANTED in part, DENIED in part. The Court's order of November 30, 2021, directed the parties to submit a joint letter and proposed case management plan by February 1, 2022. ECF No. 11. The Court did not schedule an initial pretrial conference for that date. The parties' request to adjourn the deadline to submit a joint letter and proposed case management plan is DENIED. Defendant's request to extend the deadline to answer or otherwise respond to the complaint to January 18, 2022, is GRANTED. So Ordered. OpenDeal Inc. answer due 1/18/2022. (Signed by Judge Analisa Torres on 1/7/2022) (js) (Entered: 01/07/2022)
[-] Read LessDocket(#20) JOINT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022., JOINT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Analisa Torres from David Donahue, Esq., and John J. Rosenberg, Esq. dated 1/6/2022. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 01/06/2022)
[-] Read LessDocket(#19) DECLARATION of David Donahue - Service re: #1 Complaint,, #3 Rule 7.1 Corporate Disclosure Statement, #8 Summons Issued, #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney, #2 Civil Cover Sheet . Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 01/06/2022)
[-] Read LessDocketSet/Reset Deadlines: Motions due by 1/24/2022. Responses due by 2/14/2022 Replies due by 2/28/2022. (kv) (Entered: 12/16/2021)
[-] Read LessDocket(#18) ORDER granting in part and denying in part #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. The parties' request for a pre-motion conference is DENIED. Plaintiff's request to file a motion for a preliminary injunction is GRANTED. Accordingly, 1. By January 24, 2022, Plaintiff shall file its motion for a preliminary injunction. 2. By February 14, 2022, Defendant shall file its opposition papers. 3. By February 28, 2022, Plaintiff shall file its reply, if any. The Clerk of Court is directed to terminate the motion pending at ECF No. 13. SO ORDERED.. (Signed by Judge Analisa Torres on 12/16/2021) (kv) (Entered: 12/16/2021)
[-] Read LessDocket(#17) LETTER RESPONSE to Motion addressed to Judge Analisa Torres from John J. Rosenberg dated 12/14/21 re: #13 LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. . Document filed by OpenDeal Inc...(Perala, Brett) (Entered: 12/14/2021)
[-] Read LessDocket(#16) NOTICE OF APPEARANCE by Brett Thomas Perala on behalf of OpenDeal Inc...(Perala, Brett) (Entered: 12/09/2021)
[-] Read LessDocket(#15) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OpenDeal Inc...(Rosenberg, John) (Entered: 12/09/2021)
[-] Read LessDocket(#14) NOTICE OF APPEARANCE by John Jacob Rosenberg on behalf of OpenDeal Inc...(Rosenberg, John) (Entered: 12/09/2021)
[-] Read LessDocket(#13) LETTER MOTION for Conference Pre-Motion addressed to Judge Analisa Torres from David Donahue dated December 7, 2021. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 12/07/2021)
[-] Read LessDocketCase Designated ECF. (jgo) (Entered: 11/15/2021)
[-] Read LessDocketMagistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 11/15/2021)
[-] Read LessDocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 11/15/2021)
[-] Read LessDocket(#7) NOTICE OF APPEARANCE by Daniel Michael Nuzzaci on behalf of UMG Recordings, Inc...(Nuzzaci, Daniel) (Entered: 11/12/2021)
[-] Read LessDocket(#6) NOTICE OF APPEARANCE by Jason Douglas Jones on behalf of UMG Recordings, Inc...(Jones, Jason) (Entered: 11/12/2021)
[-] Read LessDocket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to OpenDeal Inc. d/b/a Republic, re: #1 Complaint,,. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 11/12/2021)
[-] Read LessDocket(#4) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Donahue, David) (Entered: 11/12/2021)
[-] Read LessDocket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Universal Music Group, N.V. for UMG Recordings, Inc.. Document filed by UMG Recordings, Inc...(Donahue, David) (Entered: 11/12/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed..(Donahue, David) (Entered: 11/12/2021)
[-] Read LessDocket(#1) COMPLAINT against OpenDeal Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25324004)Document filed by UMG Recordings, Inc.. (Attachments: #1 Exhibit A - Billboard article, #2 Exhibit B - Billboard article, #3 Exhibit C - Rolling Stone article, #4 Exhibit D - Registrations, #5 Exhibit E - Communication, #6 Exhibit F - Communication, #7 Exhibit G - Webpage, #8 Exhibit H - Manifesto, #9 Exhibit I - cease and desist letter, #10 Exhibit J - Webpage, #11 Exhibit K - Webpage, #12 Exhibit L - Tweet, #13 Exhibit M - Article, #14 Exhibit N - Article).(Donahue, David) (Entered: 11/12/2021)
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