This case was last updated from U.S. District Courts on 06/07/2016 at 16:43:57 (UTC).

Philips Bryant Park LLC v. HFZ Capital Group LLC et al

Case Summary

On 04/16/2015 Philips Bryant Park LLC filed an Intellectual Property - Trademark lawsuit against HFZ Capital Group LLC. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Judge Jed S. Rakoff. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:15-CV-02972

  • Filing Date:

    04/16/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Courthouse:

    New York Southern District

Judge Details

Judge

Judge Jed S. Rakoff

 

Party Details

Plaintiff

Phillips Bryant Park LLC

Defendants

Does 1-5

South BP Associates LLC

37 W. 47Th Street, Suite 1202

New York, NY 10036

MasterWorks Development Corporation

Counter Defendant

Philips Bryant Park LLC

Counter Claimants

20 West 40 Bryant Park Owner LLC

HFZ Capital Group LLC

HFZ Bryant Park Owner LLC

Not Classified By Court

Noe & Associates, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Ana Yaraida Correa

Attorney at Kelley Drye & Warren LLP

101 Park Avenue

New York, NY 10178

Andrea Lynne Calvaruso

Attorney at Kelley Drye & Warren, LLP (NY)

101 Park Avenue

New York, NY 10178

Giuseppe Franzella

Russell Lee Penzer

Defendant Attorney

Sari E. Kolatch

Attorney at Cohen Tauber Spievack & Wagner, P.C.,

420 Lexington Avenue

New York, NY 10170

Counter Claimant Attorneys

Max Shterngel

Michael A. Grow

Bernice K. Leber

Not Classified By Court Attorney

Vivian Cristina Sobers

Attorney at Sobers Law, PLLC

11 Broadway, Suite 615

New York, NY 10004

 

Court Documents

#1

(#1) COMPLAINT against 20 West 40 Bryant Park Owner LLC, Does 1-5, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Filing Fee $ 350.00, Receipt Number 465401122921)Document filed by Phillips Bryant Park LLC.(rdz) (Additional attachment(s) added on 4/20/2015: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (mps). (Entered: 04/16/2015)

#2

(#2) CIVIL COVER SHEET filed. (rdz) (mps). (Entered: 04/16/2015)

#3

(#3) ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED that the above named Defendants or its attorneys shall appear and show cause before the Honorable Judge Rakoff, in Courtroom 14B of the United States Courthouse, located at 500 Pearl Street, New York, New York, on April 24, 2015 at 4:30 p.m.or as soon thereafter as counsel can be heard, why a preliminary injunction should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED. that Defendants shall file and serve any and all papers in opposition to the within application no later than April 22, 2015 by 5:00 p.m. IT IS FURTHER ORDERED, that Plaintiff shall file and serve any and all reply papers in support of the within application no later than April 23, 2015 by 5:00 p.m. If Defendants fail to attend the order to show cause hearing, the application will be decided on the papers and the Court may immediately issue the requested preliminary injunction, which shall extend during the pendency of this suit. Security in the amount of $5,000 to be posted by Plaintiff by April 23, 2015. Show Cause Hearing set for 4/24/2015 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/16/2015) (ama) (Entered: 04/16/2015)

#4

(#4) NOTICE OF APPEARANCE by Bernice K. Leber on behalf of 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Leber, Bernice) (Entered: 04/22/2015)

#5

(#5) NOTICE OF APPEARANCE by Max Shterngel on behalf of 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Shterngel, Max) (Entered: 04/22/2015)

#6

(#6) DECLARATION of Christophe Lagrange in Opposition re: 3 Order to Show Cause,,,,,. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit V)(Leber, Bernice) (Entered: 04/22/2015)

#7

(#7) DECLARATION of Zachary Ryan in Opposition. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit V, # 2 Exhibit W, # 3 Exhibit X, # 4 Exhibit Y, # 5 Exhibit Z, # 6 Exhibit AA, # 7 Exhibit BB, # 8 Exhibit CC)(Leber, Bernice) (Entered: 04/22/2015)

#8

(#8) DECLARATION of Jack Hitt in Opposition. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit DD, # 2 Exhibit EE, # 3 Exhibit FF, # 4 Exhibit GG, # 5 Exhibit HH, # 6 Exhibit II, # 7 Exhibit JJ, # 8 Exhibit KK, # 9 Exhibit LL, # 10 Exhibit MM, # 11 Exhibit NN)(Leber, Bernice) (Entered: 04/22/2015)

#9

(#9) MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Leber, Bernice) (Entered: 04/22/2015)

#91

(#91) DECLARATION of Michael A. Grow in Support re: 46 MOTION for Summary Judgment .. Document filed by 20 West 40 Bryant Park Owner LLC. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20)(Leber, Bernice) (Entered: 01/04/2016)

#92

(#92) MOTION for Summary Judgment . Document filed by MasterWorks Development Corporation, South BP Associates LLC.(Kolatch, Sari) (Entered: 01/05/2016)

#93

(#93) MEMORANDUM OF LAW in Support re: 92 MOTION for Summary Judgment . . Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

#94

(#94) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion re: 92 MOTION for Summary Judgment . Rule 56.1 Statement of Undisputed Facts. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) Modified on 1/6/2016 (db). (Entered: 01/06/2016)

#95

(#95) DECLARATION of John Paul Nichols in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

#96

(#96) DECLARATION of Adam Bahna in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

#97

(#97) RULE 56.1 STATEMENT. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

#98

(#98) DECLARATION of Sari E. Kolatch in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Attachments: # 1 Exhibit 1 of Kolatch Declaration, # 2 Exhibit 2 of Kolatch Declaration, # 3 Exhibit 3 of Kolatch Declaration, # 4 Exhibit 4 of Kolatch Declaration, # 5 Exhibit 5 of Kolatch Declaration, # 6 Exhibit 6 of Kolatch Declaration, # 7 Exhibit 7 of Kolatch Declaration, # 8 Exhibit 8 of Kolatch Declaration, # 9 Exhibit 9 of Kolatch Declaration, # 10 Exhibit 10 of Kolatch Declaration, # 11 Exhibit 11 of Kolatch Declaration, # 12 Exhibit 12 of Kolatch Declaration, # 13 Exhibit 13 of Kolatch Declaration, # 14 Exhibit 14 of Kolatch Declaration, # 15 Exhibit 15 of Kolatch Declaration, # 16 Exhibit 16 of Kolatch Declaration, # 17 Exhibit 17 of Kolatch Declaration, # 18 Exhibit 18 of Kolatch Declaration, # 19 Exhibit 19 of Kolatch Declaration, # 20 Exhibit 20 of Kolatch Declaration, # 21 Exhibit 21 of Kolatch Declaration, # 22 Exhibit 22 of Kolatch Declaration (part 1), # 23 Exhibit 22 of Kolatch Declaration (part 2))(Kolatch, Sari) (Entered: 01/06/2016)

#99

(#99) MEMORANDUM OF LAW in Support re: 92 MOTION for Summary Judgment . Corrected. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

87 More Documents Available

 

Docket Entries

  • 01/06/2016
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  • (#99) MEMORANDUM OF LAW in Support re: 92 MOTION for Summary Judgment . Corrected. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#98) DECLARATION of Sari E. Kolatch in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Attachments: # 1 Exhibit 1 of Kolatch Declaration, # 2 Exhibit 2 of Kolatch Declaration, # 3 Exhibit 3 of Kolatch Declaration, # 4 Exhibit 4 of Kolatch Declaration, # 5 Exhibit 5 of Kolatch Declaration, # 6 Exhibit 6 of Kolatch Declaration, # 7 Exhibit 7 of Kolatch Declaration, # 8 Exhibit 8 of Kolatch Declaration, # 9 Exhibit 9 of Kolatch Declaration, # 10 Exhibit 10 of Kolatch Declaration, # 11 Exhibit 11 of Kolatch Declaration, # 12 Exhibit 12 of Kolatch Declaration, # 13 Exhibit 13 of Kolatch Declaration, # 14 Exhibit 14 of Kolatch Declaration, # 15 Exhibit 15 of Kolatch Declaration, # 16 Exhibit 16 of Kolatch Declaration, # 17 Exhibit 17 of Kolatch Declaration, # 18 Exhibit 18 of Kolatch Declaration, # 19 Exhibit 19 of Kolatch Declaration, # 20 Exhibit 20 of Kolatch Declaration, # 21 Exhibit 21 of Kolatch Declaration, # 22 Exhibit 22 of Kolatch Declaration (part 1), # 23 Exhibit 22 of Kolatch Declaration (part 2))(Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#97) RULE 56.1 STATEMENT. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#96) DECLARATION of Adam Bahna in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#95) DECLARATION of John Paul Nichols in Support re: 92 MOTION for Summary Judgment .. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#94) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion re: 92 MOTION for Summary Judgment . Rule 56.1 Statement of Undisputed Facts. Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) Modified on 1/6/2016 (db). (Entered: 01/06/2016)

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  • 01/06/2016
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  • (#93) MEMORANDUM OF LAW in Support re: 92 MOTION for Summary Judgment . . Document filed by MasterWorks Development Corporation, South BP Associates LLC. (Kolatch, Sari) (Entered: 01/06/2016)

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  • 01/05/2016
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  • (#92) MOTION for Summary Judgment . Document filed by MasterWorks Development Corporation, South BP Associates LLC.(Kolatch, Sari) (Entered: 01/05/2016)

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  • 01/04/2016
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  • (#91) DECLARATION of Michael A. Grow in Support re: 46 MOTION for Summary Judgment .. Document filed by 20 West 40 Bryant Park Owner LLC. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20)(Leber, Bernice) (Entered: 01/04/2016)

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  • 01/04/2016
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  • (#90) COUNTER STATEMENT TO 49 Rule 56.1 Statement. Document filed by Philips Bryant Park LLC. (Franzella, Giuseppe) (Entered: 01/04/2016)

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79 More Docket Entries
  • 04/23/2015
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  • (#10) NOTICE OF CHANGE OF ADDRESS by Max Shterngel on behalf of 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. New Address: Arent Fox LLP, 1675 Broadway, New York, New York, USA 10019, 212-484-3900. (Shterngel, Max) (Entered: 04/23/2015)

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  • 04/22/2015
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  • (#9) MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Leber, Bernice) (Entered: 04/22/2015)

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  • 04/22/2015
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  • (#8) DECLARATION of Jack Hitt in Opposition. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit DD, # 2 Exhibit EE, # 3 Exhibit FF, # 4 Exhibit GG, # 5 Exhibit HH, # 6 Exhibit II, # 7 Exhibit JJ, # 8 Exhibit KK, # 9 Exhibit LL, # 10 Exhibit MM, # 11 Exhibit NN)(Leber, Bernice) (Entered: 04/22/2015)

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  • 04/22/2015
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  • (#7) DECLARATION of Zachary Ryan in Opposition. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit V, # 2 Exhibit W, # 3 Exhibit X, # 4 Exhibit Y, # 5 Exhibit Z, # 6 Exhibit AA, # 7 Exhibit BB, # 8 Exhibit CC)(Leber, Bernice) (Entered: 04/22/2015)

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  • 04/22/2015
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  • (#6) DECLARATION of Christophe Lagrange in Opposition re: 3 Order to Show Cause,,,,,. Document filed by 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit V)(Leber, Bernice) (Entered: 04/22/2015)

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  • 04/22/2015
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  • (#5) NOTICE OF APPEARANCE by Max Shterngel on behalf of 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Shterngel, Max) (Entered: 04/22/2015)

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  • 04/22/2015
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  • (#4) NOTICE OF APPEARANCE by Bernice K. Leber on behalf of 20 West 40 Bryant Park Owner LLC, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Leber, Bernice) (Entered: 04/22/2015)

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  • 04/16/2015
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  • (#3) ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED that the above named Defendants or its attorneys shall appear and show cause before the Honorable Judge Rakoff, in Courtroom 14B of the United States Courthouse, located at 500 Pearl Street, New York, New York, on April 24, 2015 at 4:30 p.m.or as soon thereafter as counsel can be heard, why a preliminary injunction should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED. that Defendants shall file and serve any and all papers in opposition to the within application no later than April 22, 2015 by 5:00 p.m. IT IS FURTHER ORDERED, that Plaintiff shall file and serve any and all reply papers in support of the within application no later than April 23, 2015 by 5:00 p.m. If Defendants fail to attend the order to show cause hearing, the application will be decided on the papers and the Court may immediately issue the requested preliminary injunction, which shall extend during the pendency of this suit. Security in the amount of $5,000 to be posted by Plaintiff by April 23, 2015. Show Cause Hearing set for 4/24/2015 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/16/2015) (ama) (Entered: 04/16/2015)

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  • 04/16/2015
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  • (#2) CIVIL COVER SHEET filed. (rdz) (mps). (Entered: 04/16/2015)

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  • 04/16/2015
  • View Court Documents
  • (#1) COMPLAINT against 20 West 40 Bryant Park Owner LLC, Does 1-5, HFZ Bryant Park Owner LLC, HFZ Capital Group LLC. (Filing Fee $ 350.00, Receipt Number 465401122921)Document filed by Phillips Bryant Park LLC.(rdz) (Additional attachment(s) added on 4/20/2015: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (mps). (Entered: 04/16/2015)

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