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06-729 - Patsy's Italian Restaurant, Inc. et al v. Banas et al


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06-729 - Patsy's Italian Restaurant, Inc. et al v. Banas et al
September 12, 2006
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MEMORANDUM AND ORDER regarding plaintiffs' motion for sanctions. Ordered by Judge Ramon E. Reyes Jr. on 9/12/06. (Reyes, Ramon)
November 30, 2006
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ORDER CONSOLIDATING CASES 06-CV-729 AND 06-CV-5857 - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, U. S. Magistrate Judge Ramon E. Reyes' November 17, 2006 Order consolidating the above-referenced cases is hereby AFFIRMED. The two cases are hereby consolidated for all purposes. It is further hereby ORDERED, that Mr. Paul Grandinetti, counsel for I.O.B. Realty immediately file his papers for admission to this court pro hac vice. This court allowed him to appear in the Syosset matter on a limited basis. It has been nearly a month and counsel has not perfected his application. If counsel fails to comply with this Order by Friday, December 8, 2006, and fails to show good cause why he has not done so, Intervenor defendants shall have to retain other counsel who is admitted to this court. SO ORDERED by Judge Dora Lizette Irizarry on 11/30. (Irizarry, Dora)
January 19, 2007
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ORDER granting in part and denying in part (40) Motion to Quash in case 1:06-cv-00729-DLI-RER; granting in part and denying in part (48) Motion to Quash; granting in part and denying in part (49) Motion for Hearing in case 1:06-cv-05857-DLI-RER - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the motion to quash is GRANTED, EXCEPT with respect to the production of documents relating to the cancellation proceedings before the TTAB. Regarding the motion filed by defendants in Docket Entry #49: Said motion is terminated. At the hearing re: the Motion to Quash [Docket Entries #40 and 48], the court granted defendant's application that the court deny plaintiff's request for discovery of defendants' financial information. The court further ordered that the trial of these matters be bifurcated. The liability issue will be tried first. Depending on the outcome of that trial, then the parties may engage in discovery regarding damages and a trial on damages will be held either before the same liability trial jury or a new jury. To the extent that defendant's motion further addressed issues pertaining to the Motion to Quash, the motion was addressed in the Attached Written Memorandum and Order. SO ORDERED by Judge Dora Lizette Irizarry on 01/19/07. (Irizarry, Dora)
August 28, 2007
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ORDER granting in part and denying in part Motion for Summary Judgment -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, defendants' motion to correct the register is granted to the extent it requests restoration of I.O.B. Realty, Inc.'s U.S. Trademark Registration No. 2,213,574 for non-stylized rendition of PATSY'S PIZZERIA for restaurant services, and denied to the extent it requests cancellation of Patsy's Italian Restaurant Inc.'s U.S. Trademark Registration No. 3,009,836 for a stylized rendition of PATSY'S PR, and Registration No. 3,009,866 for a non-stylized rendition of PATSY'S, "not including pizza," both for restaurant services. The portion of the TTAB's recent June 28, 2007 order directing the Office of the Commissioner for Trademarks to issue a new order indicating that I.O.B.'s former Registration No. 2,213,574 was cancelled pursuant to Section 8 is overruled. Defendants' motions for partial summary judgment on Count One in both civil actions [this docket and docket # 06-cv-5857], and for summary judgment on plaintiffs' remaining causes of action are denied. The Commissioner of Patents and Trademarks and the Assistant Commissioner for Trademarks are hereby ordered to restore I.O.B. Realty, Inc.'s U.S. Trademark Registration No. 2,213,574, pursuant to Section 37 of the Lanham Act, 15 U.S.C. ยง 1119. The Clerk of Court is further directed to certify a copy of this Opinion and Order to the Commissioner of the Patent and Trademark Office. SO ORDERED by Judge Dora Lizette Irizarry on 08/28/07. (Irizarry, Dora)
October 31, 2007
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ORDER DENYING Plaintiffs' 57) Motion for Reconsideration in case 1:06-cv-00729-DLI-RER; AND DENYING Plaintiffs' (113) Motion for Reconsideration in case 1:06-cv-05857-DLI-RER --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, plaintiffs' motion for reconsideration of this court's Opinion and Order dated August 28, 2007, or, in the alternative, for certification is DENIED in its entirety. The case is hereby referred to United States Magistrate Judge Ramon E. Reyes for further proceedings. SO ORDERED by Judge Dora Lizette Irizarry on 10/31/07. (Irizarry, Dora)
January 25, 2008
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ORDER granting (61) Motion in Limine in part in case 1:06-cv-00729-RER; granting (119) Motion in Limine in part in case 1:06-cv-05857-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/25/08. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Reyes, Ramon)
February 20, 2008
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OPINION AND ORDER re 63 Letter Requesting Pre-Motion Conference. I construe letter as motions for such relief. Motions are denied (see attached). Associated Cases: 1:06-cv-00729(RER), 1:06-cv-05857(RER). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/20/2008. (Warshaw, Aaron)
March 6, 2008
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ORDER granting in part and denying in part (81) Motion in Limine; denying as moot (93) Motion to Dismiss in case 1:06-cv-00729-RER; granting in part and denying in part (142) Motion in Limine; denying as moot (154) Motion to Amend/Correct; denying as moot (155) Motion to Dismiss in case 1:06-cv-05857-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/6/08. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Reyes, Ramon)
March 24, 2008
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OPINION AND ORDER re motions in limine. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/24/2008. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Warshaw, Aaron)
March 26, 2008
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OPINION AND ORDER re motion in limine to exclude portions of Salvatore Scognamillo deposition transcript. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/26/2008. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Warshaw, Aaron)
April 3, 2008
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MEMORANDUM AND OPINION. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/3/08. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Reyes, Ramon)
September 9, 2008
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ORDER granting in part and denying in part (146) Motion for Judgment on Partial Findings; granting in part and denying in part (147) Motion for Permanent Injunction in case 1:06-cv-00729-RER; granting in part and denying in part (208) Motion for Judgment on Partial Findings; granting in part and denying in part (209) Motion for Permanent Injunction in case 1:06-cv-05857-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/9/08. Associated Cases: 1:06-cv-00729-RER, 1:06-cv-05857-RER (Reyes, Ramon)
January 12, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts as modified the Special Master's Report and Recommendation dated May 15, 2015. (06-cv-00729 (RER), Dkt. No. 230; 06-cv-05857 (RER), Dkt No. 295.) The Special Master's appointment will continue for one year from today's date, and he is directed to submit a report to the undersigned every six months. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 1/12/2016. (Yasunaga, Adrienne)