F.Y. Eye, Inc.
| New York Southern District Court | |
| Judge: | John G Koeltl |
| Case #: | 1:23-cv-09424 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125la Trademark Infringement (Lanham Act) |
| Case Filed: | Oct 26, 2023 |
| Terminated: | Mar 20, 2024 |
| Last checked: Tuesday Apr 23, 2024 4:34 AM EDT |
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Counter Claimant
Cause Lab LLC
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Represented By
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Counter Claimant
Jessica Toledano
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Represented By
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Counter Defendant
F.Y. Eye, Inc.
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Represented By
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Defendant
Cause Lab LLC
320 East 42nd Street
New York, NY 10017 |
Represented By
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Defendant
Jessica Toledano
500 East 77th Street Apartment 1608
New York, NY 10162 |
Represented By
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Plaintiff
F.Y. Eye, Inc.
130 East 59th Street Suite 1102
New York, NY 10022 |
Represented By
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| Docket last updated: 47 minutes ago |
| Tuesday, April 09, 2024 | ||
| 34 | 34
order
Judgment - Consent
Tue 04/09 6:24 PM
CONSENT JUDGMENT : NOW THEREFORE, with the consent of the Parties it is Ordered, Adjudged, and Decreed: 1. Incorporation of Recitals. Each of the foregoing recitals of this Consent Judgment is acknowledged, adopted, affirmed, and incorporated hereby with the same force and effect as if set forth at length below. 2. Entry of Judgment. This Consent Judgment is entered pursuant to Rule 58 of the Federal Rules of Civil Procedure, and this Action is hereby dismissed without costs or attorneys' fees, except that this District Court shall retain jurisdiction over this action, including without limitation, over implementation of, or dispute arising out of, this Consent Judgment or the settlement of the Action. As further set forth in this Order. In consideration of the releases and other agreements of the Parties, Defendants shall pay Plaintiff the total sum of $75,000 (the "Settlement Amount"). The Settlement Amount shall be paid as follows: (a) $25,000 shall be paid within 5 business days of the Effective Date; and (b) The balance of $50,000 shall be paid on or before the times as set forth in Schedule A hereto. Defendants may make payments of the Settlement Amount before the dates set f01th in Schedule A without penalty. As further set forth in this Order. Defendants agree that they are jointly and severally liable for the Settlement Amount and the Default Amount, if any. Upon payment of the full Settlement Amount, a Satisfaction of Judgment shall be filed by the Parties. As further set forth in this Order. This Consent Judgment shall be effective upon the. date that the Court enters this Consent Judgment (the "Effective Date"). The Clerk is directed to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 4/9/2024) (ks) |
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| 33 | 33
motion
Leave to File Document
Tue 04/09 12:04 PM
LETTER MOTION for Leave to File Proposed Consent Judgment addressed to Judge John G. Koeltl from Emily A. Poler dated April 9, 2024. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| Wednesday, March 20, 2024 | ||
| 32 | 32
2
pgs
order
Order of Discontinuance
Wed 03/20 4:17 PM
ORDER It having been reported to the Court that the parties have reached an agreement to settle this action, it is hereby ordered that this matter be discontinued with prejudice but without costs; provided, however, that within 30 days of the date of this order, counsel for the plaintiff may apply by letter for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any application to reopen must be filed within thirty (30) days of this order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purpose of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. All pending motions are dismissed as moot. All conferences are canceled. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 3/20/2024) (jca) |
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| Monday, March 18, 2024 | ||
| 31 | 31
misc
Proposed Order
Mon 03/18 4:10 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Cause Lab LLC, Jessica Toledano. Related Document Number:27 ..(Cooper, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/18/2024 (tp) |
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misc
Notice to Attorney Regarding Rejection of Proposed Order
Mon 03/18 4:51 PM
***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Jonathan Cooper re: Document 31 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.. (tp) |
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| Thursday, February 29, 2024 | ||
| 30 | 30
9
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Thu 02/29 12:02 PM
MEMO ENDORSEMENT granting29 Motion for Extension of Time to Complete Discovery ENDORSEMENT: SO ORDERED. (Signed by Judge John G. Koeltl on 2/29/2024) (ks) |
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utility
Set/Reset Deadlines
Thu 02/29 12:05 PM
Set/Reset Deadlines: Deposition due by 7/12/2024. Expert Discovery due by 7/12/2024. Fact Discovery due by 4/1/2024. Motions due by 7/19/2024. Ready for Trial by 9/9/2024. (ks) |
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| Wednesday, February 28, 2024 | ||
| 29 | 29
motion
Extension of Time to Complete Discovery
Wed 02/28 4:31 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Emily A. Poler dated February 28, 2024. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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Att: 1
Proposed Order Proposed Revised Scheduling Order
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| Tuesday, February 27, 2024 | ||
| 28 | 28
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 02/27 4:00 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart D. Aaron Wednesday, March 20, 2024, at 10:00 a.m. EST in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at http://www.nysd.uscourts.gov/judge/Aaron. Please note that Section 4 of the Procedures requires counsel for each party to send a pre-settlement conference letter no later than 7 days before the conference (i.e., Wednesday, March 13, 2024). SO ORDERED. ( Settlement Conference set for 3/20/2024 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/27/2024) (va) |
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| Tuesday, February 20, 2024 | ||
| 27 | 27
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 02/20 3:27 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge John G. Koeltl on 2/20/2024) (ks) |
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| Monday, February 19, 2024 | ||
| 26 | 26
misc
Letter
Mon 02/19 10:36 AM
LETTER addressed to Judge John G. Koeltl from Jonathan Cooper dated February 19, 2024 re: Referral to Magistrate for Settlement Purposes. Document filed by Jessica Toledano..(Cooper, Jonathan) |
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| Thursday, February 15, 2024 | ||
| 25 | 25
order
Protective Order ~Util - Terminate Motions
Thu 02/15 2:58 PM
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This Order is not binding on the Court or Court personnel, the Court reserves the right to amend it at any time. SO ORDERED. Motions terminated:24 JOINT LETTER MOTION for Discovery /Protective Order addressed to Judge John G. Koeltl from Emily A. Poler dated 2/14/2024. filed by F.Y. Eye, Inc.. (Signed by Judge John G. Koeltl on 2/15/2024) (tg) |
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| Wednesday, February 14, 2024 | ||
| 24 | 24
motion
Discovery
Wed 02/14 3:23 PM
JOINT LETTER MOTION for Discovery /Protective Order addressed to Judge John G. Koeltl from Emily A. Poler dated 2/14/2024. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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Att: 1
Proposed Order Protective Order
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| Tuesday, February 06, 2024 | ||
| 23 | 23
1
pgs
order
Order ~Util - Set Hearings
Wed 02/07 8:54 AM
ORDER: In light of the parties' joint stipulation to dismiss the defendants' counterclaims, see ECF No. 22, the conference on February 8, 2024 is canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 2/6/2024) (tg) |
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| 22 | 22
misc
Proposed Stipulation and Order
Tue 02/06 4:17 PM
PROPOSED STIPULATION AND ORDER. Document filed by Cause Lab LLC, Jessica Toledano..(Cooper, Jonathan) |
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| 21 | 21
misc
Proposed Order
Tue 02/06 3:51 PM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Cause Lab LLC, Jessica Toledano. Related Document Number:11 ..(Cooper, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/6/2024 (km) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Tue 02/06 3:55 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan Cooper to RE-FILE Document 21 Proposed Order. Use the event type Proposed Orders, Proposed Stipulation and Order. (km) |
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| Monday, January 29, 2024 | ||
| 20 | 20
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Mon 01/29 4:57 PM
ORDER: The parties are directed to appear for a telephone conference on February 8, 2024, at 11:30 a.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 1/29/2024) ( Telephone Conference set for 2/8/2024 at 11:30 AM before Judge John G. Koeltl.) (ks) |
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| 19 | 19
order
Memo Endorsement ~Util - Add and Terminate Attorneys
Mon 01/29 3:59 PM
MEMO ENDORSEMENT on re:16 Notice of Substitution of Attorney, filed by Jessica Toledano, Cause Lab LLC, ENDORSEMENT: SO ORDERED. (Signed by Judge John G. Koeltl on 1/29/2024) Attorney Nicholas Richard Ranallo terminated. (ks) |
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| Saturday, January 27, 2024 | ||
| 18 | 18
motion
Extension of Time
Sat 01/27 9:25 PM
LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jonathan M Cooper dated 1/27/2024. Document filed by Cause Lab LLC, Jessica Toledano. Return Date set for 1/31/2024 at 12:00 PM..(Cooper, Jonathan) |
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| Friday, January 26, 2024 | ||
| 17 | 17
notice
Notice of Appearance
Fri 01/26 12:19 PM
NOTICE OF APPEARANCE by Jonathan Marc Cooper on behalf of Cause Lab LLC, Jessica Toledano..(Cooper, Jonathan) |
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| 16 | 16
notice
Notice of Substitution of Attorney
Fri 01/26 11:58 AM
NOTICE of Substitution of Attorney. Old Attorney: Mavronicolas Law Group PLLC, New Attorney: Jonathan M. Cooper, Esq., Address: Law Offices of Jonathan M. Cooper, 483 Chestnut Street, Cedarhurst, NY, United States 11516, 5167915700. Document filed by Cause Lab LLC, Jessica Toledano..(Cooper, Jonathan) |
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Att: 1
notice of appearance
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| Monday, January 08, 2024 | ||
| 15 | 15
1
pgs
order
Order on Motion for Conference
Mon 01/08 4:06 PM
ORDER granting13 Motion for Conference re:13 LETTER MOTION for Conference re:11 Answer to Complaint, Counterclaim addressed to Judge John G. Koeltl from Emily A. Poler dated 1/2/2024. The parties are directed to appear for a telephone conference on January 31, 2024, at 12:00 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/8/2024) Telephone Conference set for 1/31/2024 at 12:00 PM before Judge John G. Koeltl. (ks) |
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| Wednesday, January 03, 2024 | ||
| 14 | 14
discov
Rule 26(f) Discovery Plan Report
Wed 01/03 7:40 PM
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| Tuesday, January 02, 2024 | ||
| 13 | 13
motion
Conference
Tue 01/02 3:09 PM
LETTER MOTION for Conference re:11 Answer to Complaint, Counterclaim addressed to Judge John G. Koeltl from Emily A. Poler dated 1/2/2024. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| Monday, December 18, 2023 | ||
| 12 | 12
1
pgs
order
Order
Mon 12/18 2:38 PM
ORDER: The parties are directed to submit a Rule 26(f) report by January 3, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 12/18/2023) (ama) |
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| Friday, December 15, 2023 | ||
| 11 | 11
answer
Answer to Complaint Counterclaim
Fri 12/15 12:39 PM
ANSWER to1 Complaint, with JURY DEMAND., COUNTERCLAIM against F.Y. Eye, Inc.. Document filed by Jessica Toledano, Cause Lab LLC..(Ranallo, Nicholas) |
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| 10 | 10
misc
Rule 7.1 Corporate Disclosure Statement
Fri 12/15 12:37 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cause Lab LLC..(Ranallo, Nicholas) |
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| Thursday, November 02, 2023 | ||
| 9 | 9
order
Stipulation and Order ~Util - Set Deadlines
Thu 11/02 6:24 PM
STIPULATION EXTENDING TIME TO ANSWER COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the Plaintiff and Defendants that the time within which Defendants Jessica Toledano and Cause Lab LLC may move, answer, or otherwise respond to the Complaint is hereby extended up to and including December 15, 2023. Defendants also hereby acknowledges and accepts proper and valid service of the Summons and Complaint. There has been no previous request for extension of time in connection with this matter. SO ORDERED. (Signed by Judge John G. Koeltl on 11/2/2023) ( Motions due by 12/15/2023.) (ks) |
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| 8 | 8
misc
Proposed Stipulation and Order
Thu 11/02 12:34 PM
PROPOSED STIPULATION AND ORDER. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| Monday, October 30, 2023 | ||
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minutes
~Util - Set Hearings
Mon 10/30 12:51 PM
Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 2/1/2024 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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| Friday, October 27, 2023 | ||
| 7 | 7
misc
Civil Cover Sheet
Fri 10/27 1:49 PM
CIVIL COVER SHEET filed..(Poler, Emily) |
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| 6 | 6
service
Summons Issued
Fri 10/27 12:02 PM
ELECTRONIC SUMMONS ISSUED as to Cause Lab LLC, Jessica Toledano..(jgo) |
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| 5 | 5
misc
Rule 7.1 Corporate Disclosure Statement
Fri 10/27 9:49 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Fri 10/27 8:50 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Emily Poler to RE-FILE Document No. 4 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; Case number error, add the name of the party into Part I. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (kj) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Fri 10/27 11:57 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Emily Alexandra Poler to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF does not contain a proper signature of the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 10/27 11:58 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Emily Alexandra Poler. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 10/27 12:00 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Fri 10/27 12:02 PM
Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Fri 10/27 12:02 PM
Case Designated ECF. (jgo) |
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misc
Notice to Attorney to Submit AO 120 Form/AO 121 Form
Fri 10/27 12:03 PM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Emily Alexandra Poler to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (jgo) |
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| Thursday, October 26, 2023 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Thu 10/26 3:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| 3 | 3
service
Request for Issuance of Summons
Thu 10/26 3:19 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Jessica Toledano and Cause Lab LLC, re:1 Complaint,. Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 10/26 3:16 PM
CIVIL COVER SHEET filed..(Poler, Emily) |
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| 1 | 1
15
pgs
cmp
Complaint
Thu 10/26 3:14 PM
COMPLAINT against Jessica Toledano, Cause Lab LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28483148)Document filed by F.Y. Eye, Inc...(Poler, Emily) |
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Att: 1
Exhibit A (Employment Agreement),
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Att: 2
Exhibit B (Screenshots of Plaintiff's Materials on Defendant's Website)
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