New Balance Athletics, Inc. v. Balance Athletica, LLC
| Massachusetts District Court | |
| Judge: | Leo T Sorokin |
| Case #: | 1:20-cv-12045 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Nov 13, 2020 |
| Last checked: Wednesday May 12, 2021 5:26 AM EDT |
|
Defendant
Balance Athletica, LLC
|
Represented By
|
|
Mediator
Judith G. Dein
|
|
|
Plaintiff
New Balance Athletics, Inc.
|
Represented By
|
| Docket last updated: 11/06/2024 11:59 PM EST |
| Thursday, September 23, 2021 | ||
| 37 | 37
3
pgs
misc
Stipulation of Dismissal
Thu 09/23 5:10 PM
STIPULATION of Dismissal by New Balance Athletics, Inc.. (Puzella, Mark) |
|
| Friday, September 03, 2021 | ||
| 36 | 36
notice
Notice of Withdrawal of Appearance
Fri 09/03 11:08 AM
NOTICE of Withdrawal of Appearance by Elizabeth E. Brenckman (Brenckman, Elizabeth) |
|
| Thursday, June 24, 2021 | ||
| 35 | 35
minutes
Status Conference
Wed 06/30 3:47 PM
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 6/24/2021. Counsel state the status of the case. The case did not settle in mediation. The parties have a schedule in place and will proceed with the schedule. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
|
| Tuesday, June 22, 2021 | ||
| 34 | 34
adr
Report of Alternative Dispute Resolution Provider
Tue 06/22 6:40 PM
Magistrate Judge Judith G. Dein: REPORT of Alternative Dispute Resolution Provider. (Geraldino-Karasek, Clarilde) |
|
| Thursday, June 03, 2021 | ||
| 32 | 32
notice
Notice of Rescheduling
Thu 06/03 3:06 PM
ELECTRONIC NOTICE OF RESCHEDULING In light of the June 22, 2021 mediation, the status conference set for June 17, 2021 has been rescheduled to June 24, 2021 at 09:30 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . Status Conference reset for 6/24/2021 09:30 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. (Simeone, Maria) |
|
| Friday, May 14, 2021 | ||
| 31 | 31
notice
Notice of Filing of Official Transcript
Tue 05/18 2:58 PM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:http://www.mad.uscourts.gov/attorneys/general-info.htm] (Coppola, Katelyn) |
|
| 30 | 30
misc
Transcript
Tue 05/18 2:58 PM
Transcript of Scheduling Conference held on April 27, 2021, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (Coppola, Katelyn) |
|
| Thursday, May 13, 2021 | ||
| 29 | 29
notice
Notice of ADR Conference
Thu 05/13 3:26 PM
ELECTRONIC NOTICE OF AND ORDER REGARDING ADR CONFERENCE: Mediation before Magistrate Judge Judith G. Dein set for Tuesday, June 22, 2021 at 10:30 a.m. by remote video conference and invitation issued by the clerk. Counsel, clients or representatives thereof with full settlement authority must all participate. It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process. No later than Tuesday, June 15, 2021 each party shall submit by email to Clarilde_Karasek@mad.uscourts.gov a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement as well as email contact information to be included on video conference invitation. If you use a standard form settlement agreement, please send it by email. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible. (Geraldino-Karasek, Clarilde) |
|
| Tuesday, May 04, 2021 | ||
| 26 | 26
utility
Notice of Assignment to ADR Provider
Tue 05/04 3:20 PM
Notice of assignment to ADR Provider. Judge Judith G. Dein appointed.(Belpedio, Lisa) |
|
| Friday, April 30, 2021 | ||
| 25 | 25
notice
Notice of Hearing
Fri 04/30 4:33 PM
ELECTRONIC NOTICE OF TELEPHONE CONFERENCE REGARDING ADR: Magistrate Judge Judith G. Dein: will hold a mediation telephone conference with counsel for each party separately. A telephone conference is scheduled with plaintiff's counsel Friday, May 7, 2021 at 2:30 p.m. and with defense counsel for Monday, May 10, 2021 at 10:00 a.m. The clerk will provide the call in information to the parties by email. (Geraldino-Karasek, Clarilde) |
|
| 24 | 24
order
Scheduling Order
Fri 04/30 10:15 AM
District Judge Leo T. Sorokin: SCHEDULING ORDER entered. (Simeone, Maria) |
|
| Wednesday, April 28, 2021 | ||
| 22 | 22
1
pgs
order
Order Referring Case to ADR
Wed 04/28 3:55 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The matter is referred to Magistrate Judge Dein for a mediation pre-conference with counsel. Counsel shall meet with Judge Dein when she so determines with further mediation meetings with or without the parties as directed by Judge Dein. If Judge Dein determines she cannot accommodate the number or frequency of the meetings that are appropriate under the circumstances, then the Court will, at Judge Dein's request, reassign the mediation to another magistrate judge. Absent a request from the parties or Judge Dein, the discovery schedule remains in place. (Pacho, Arnold) (Montes, Mariliz) |
|
| Tuesday, April 27, 2021 | ||
| 23 | 23
minutes
Scheduling Conference ~Util - Set Deadlines ~Util - Set Hearings ~Util - Set Motion and R&R Deadlines/Hearings
Fri 04/30 8:40 AM
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Scheduling Conference held on 4/27/2021. The court goes over the proposed schedule, finds it reasonable, adopts the schedule and sets a status conference for 6/17/21 at 2:15PM in Remote Session and a status conference for 1/5/22 at 11:00AM. The parties discuss mediation and request to be referred to the courts program. The court will issue the order. (Initial Disclosures by 5/11/21. Amended Pleadings by 7/15/2021. Fact Discovery by 12/17/2021. Trial Experts by 1/21/22. Rebuttal experts by 2/18/22. All experts by 3/18/22. Dispositive Motions by 4/22/2022. Oppositions by 5/23/22. Replies by 5/30/22. Status Conference set for 6/17/21 at 2:15PM and 1/5/22 at 11:00AM. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . ( Status Conference set for 6/17/2021 02:15 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin., Status Conference set for 1/5/2022 11:00 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin.) (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
|
| Tuesday, April 20, 2021 | ||
| 21 | 21
misc
Joint statement re scheduling conference
Tue 04/20 12:23 PM
JOINT STATEMENT re scheduling conference . (Puzella, Mark) |
|
| Monday, April 05, 2021 | ||
| 20 | 20
notice
Notice of Scheduling Conference
Mon 04/05 10:13 AM
NOTICE of Scheduling Conference. A Scheduling Conference has been set for 4/27/2021 11:15 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against! photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Simeone, Maria) |
|
|
Att: 1
scheduling order sample,
|
||
|
Att: 2
standing Order on Summary Judgment
|
||
| Tuesday, March 30, 2021 | ||
| 19 | 19
order
Order on Motion for Leave to Appear
Tue 03/30 7:28 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting16 Motion for Leave to Appear Pro Hac Vice Added John Slafsky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
|
| 18 | 18
order
Order on Motion for Leave to Appear
Tue 03/30 7:15 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting15 Motion for Leave to Appear Pro Hac Vice Added Jason Mollick. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
|
| 17 | 17
service
Certificate of Service pursuant to LR 5.2
Tue 03/30 3:44 PM
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Balance Athletica, LLC re14 Answer to Complaint . (Batliner, Courtney) |
|
| 16 | 16
motion
Appear Pro Hac Vice
Tue 03/30 12:14 PM
MOTION for Leave to Appear Pro Hac Vice for admission of John Slafsky Filing fee: $ 100, receipt number 0101-8703538 by Balance Athletica, LLC.(Batliner, Courtney) |
|
|
Att: 1
Exhibit A
|
||
| 15 | 15
motion
Appear Pro Hac Vice
Tue 03/30 11:56 AM
MOTION for Leave to Appear Pro Hac Vice for admission of Jason Mollick Filing fee: $ 100, receipt number 0101-8703472 by Balance Athletica, LLC.(Batliner, Courtney) |
|
|
Att: 1
Exhibit A
|
||
| Monday, March 29, 2021 | ||
| 14 | 14
answer
Answer to Complaint
Mon 03/29 7:15 PM
Defendant's ANSWER to1 Complaint, with Jury Demand by Balance Athletica, LLC.(Batliner, Courtney) |
|
| 13 | 13
misc
Corporate Disclosure Statement
Mon 03/29 11:47 AM
CORPORATE DISCLOSURE STATEMENT by Balance Athletica, LLC. (Batliner, Courtney) |
|
| 12 | 12
notice
Notice of Appearance
Mon 03/29 11:40 AM
NOTICE of Appearance by Courtney L.B. Batliner on behalf of Balance Athletica, LLC (Batliner, Courtney) |
|
| Monday, February 01, 2021 | ||
| 11 | 11
service
Waiver of Service Executed
Mon 02/01 9:32 AM
WAIVER OF SERVICE Returned Executed by New Balance Athletics, Inc.. New Balance Athletics, Inc. waiver sent on 1/26/2021, answer due 3/29/2021. (Brenckman, Elizabeth) |
|
| Monday, November 16, 2020 | ||
| 10 | 10
order
Order on Motion for Leave to Appear
Mon 11/16 4:16 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting4 Motion for Leave to Appear Pro Hac Vice Added Elizabeth Brenckman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
|
| 9 | 9
utility
Set/Reset Deadlines
Mon 11/16 10:38 AM
Set Deadlines: Service completed by 2/16/2021. (Simeone, Maria) |
|
| 8 | 8
service
Summons Issued
Mon 11/16 8:50 AM
Summons Issued as to Balance Athletica, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) |
|
| 7 | 7
notice
Notice of Case Assignment
Mon 11/16 8:46 AM
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
|
| Friday, November 13, 2020 | ||
| 6 | 6
notice
Notice of Appearance
Fri 11/13 6:36 PM
NOTICE of Appearance by Sheryl Koval Garko on behalf of New Balance Athletics, Inc. (Garko, Sheryl) |
|
| 5 | 5
notice
Notice of Appearance
Fri 11/13 6:33 PM
NOTICE of Appearance by Richard David Hosp on behalf of New Balance Athletics, Inc. (Hosp, Richard) |
|
| 4 | 4
motion
Appear Pro Hac Vice
Fri 11/13 6:27 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Brenckman Filing fee: $ 100, receipt number 0101-8510549 by New Balance Athletics, Inc..(Puzella, Mark) |
|
|
Att: 1
Declaration of Mark Puzella in Support
|
||
| 3 | 3
misc
Report on the filing of patent/trademark case
Fri 11/13 6:19 PM
REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK.(Puzella, Mark) |
|
|
Att: 1
List of Trademarks
|
||
| 2 | 2
misc
Corporate Disclosure Statement
Fri 11/13 6:07 PM
CORPORATE DISCLOSURE STATEMENT by New Balance Athletics, Inc. identifying Corporate Parent New Balance, Inc. for New Balance Athletics, Inc... (Puzella, Mark) |
|
| 1 | 1
29
pgs
cmp
Complaint
Fri 11/13 5:54 PM
COMPLAINT against Balance Athletica, LLC Filing fee: $ 400, receipt number 0101-8510508 (Fee Status: Filing Fee paid), filed by New Balance Athletics, Inc..(Puzella, Mark) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B,
|
||
|
Att: 3
Civil Cover Sheet,
|
||
|
Att: 4
Category Form
|
||