Case details

Court: nynd
Docket #: 7:02-cv-01576
Case Name: Car-Freshner Corp., et al v. Air Fresheners Inc.
PACER case #: 47546
Date filed: 2002-12-20
Date terminated: 2003-11-06
Assigned to: Senior Judge Thomas J. McAvoy
Referred to: Magistrate Judge David E. Peebles
Case Cause: 15:1121 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Car-Freshner Corporation
Plaintiff
Nancy L. Pontius
Mackenzie, Hughes Law Firm 101 South Salina Street PO Box 4967 Syracuse, NY 13221-4967 315-474-7571 Fax: 315-426-8358 Email: npontius@mackenziehughes.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius Samann Ltd.
Plaintiff
Nancy L. Pontius
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Air Fresheners Inc.
Defendant
doing business asScent USA

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-12-20 1 0 COMPLAINT filed; FILING FEE $ 150 RECEIPT # 66732 ; Service deadline 2/18/03 for Air Fresheners Inc. (jt) (Entered: 12/20/2002)
2003-01-31 2 0 SUMMONS Returned Executed; a Copy of the summons and complaint was served upon Michael Warzocha, resident agent as to Air Fresheners Inc. on 1/24/03 : Answer due on 2/13/03 for Air Fresheners Inc. (kcl) (Entered: 02/04/2003)
2003-02-13 3 0 STIPULATION and ORDER; Parties hereby agree that defendant has until 3/3/03 for Air Fresheners Inc. to answer the complaint; So Ordered ( signed by Magistrate Judge David E. Peebles 2/13/03 ) (kcl) (Entered: 02/13/2003)
2003-03-04 4 0 STIPULATION & ORDER: reset Answer deadline to 3/24/03 for Air Fresheners Inc. (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 03/12/2003 (Entered: 03/12/2003)
2003-03-25 5 0 STIPULATED REQUEST & ORDER: reset Answer deadline to 4/24/03 for Air Fresheners Inc. (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 04/01/2003 (Entered: 04/01/2003)
2003-03-25 6 0 SCHEDULING ORDER: reset Filing Order Deadlines: In-Person Conference set before Magistrate Judge David E. Peebles, Status Conference set for 5/8/03 at 11:30 AM, Deadline for filing Case Management Plan, 4/28/03 (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 04/01/2003 (Entered: 04/01/2003)
2003-04-25 7 0 STIPULATED REQUEST & ORDER: resetting Answer deadline to 5/23/03 for Air Fresheners Inc. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 05/02/2003)
2003-05-01 8 0 NOTICE/LETTER REQUEST: dated 4/30/03 by Nancy L. Pontius, Esq., on behalf of Car-Freshner Corp., Julius Samann Ltd. requesting an adjournment of the Rule 16 conference. (jmb) (Entered: 05/07/2003)
2003-05-01 9 0 SCHEDULING ORDER: reset Filing Order Deadlines: In-Person Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference at 6/19/03 at 10:30 AM, Deadline for filing Case Management 6/9/03 (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 05/07/2003)
2003-06-16 10 0 STATUS REPORT: dated 6/13/03 by Nancy L. Pontius, Esq., on behalf of Car-Freshner Corp., and Julius Samann Ltd., to MJ Peebles, setting forth the status of the action in light of the upcoming Rule 16 conference set for 6/19/03 at 10:30 AM w/various attachments. (jmb) (Entered: 06/17/2003)
2003-06-23 11 0 ORDER ADJOURNING SCHEDULED RULE 16 CONFERENCE: reset Filing Order Deadlines: Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference reset to 8/21/03 at 11:00 AM, Deadline for filing Case Management Plan, 8/11/03 (Signed by Magistrate Judge E. Peebles) (jmb) (Entered: 06/26/2003)
2003-06-30 12 0 LETTER/REQUEST dated 6/24/03 and ORDER; Letter addressed to MJ Peebles requesting that the Court reset the pretrial conference to the 2nd or 3rd week of September 2003; Request Denied ( signed by Magistrate Judge David E. Peebles 6/30/03 ) (kcl) (Entered: 07/01/2003)
2003-08-21 13 0 Minute entry: Rule 16 Telephone Conference held before Judge Peebles. Deft. advises that he has not secured counsel. Judge grants Mike Warzocha from Scent USA to appear for the limited purposes of representing the corporation today. Judge again advises Mr. Warzocha that a corporation cannot appear in this action without an attorney. Judge states that technically the corporation is already in default, since the time to answer the complaint expired on 5/23/03. Deft. states that he had obtained counsel, however they were discharged in April. Judge directs Deft. to properly appear by an answer or motion to be filed by an attorney by 9/30/03. This ddl. will not be extended. If no answer or motion is filed by this time, then default judgment is to be entered by the clerk and a motion should thereafter follow by Pltf.. UPSO ddls. are set. joinder & amendment ddls. are 12/31/03, discovery ddl. is 3/31/04, motion filing ddl. is 5/14/04. This will be a jury trial that is expected to last approx. 3-5 days in Albany, NY before Judge McAvoy on 9/14/04. Trial ready date is 9/1/04. Next TC is scheduled for 11/11/03 at 4:00 p.m.. Pltf. is to initiate the call. set Pretrial Conference for 4:00 11/11/03 APP: Nancy Pontius, Esq., Roberta Brenn, Esq. & Mike Warzocha from Scent USA. Clerk: Shelly Lazzaro (sal) Modified on 08/25/2003 (Entered: 08/25/2003)
2003-08-26 14 0 SCHEDULING ORDER: setting the next Pretrial Conference for 11/11/03 at 4:00 PM by Telephone , plaintiff's counsel shall initate the call. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 08/29/2003)
2003-08-25 15 0 Uniform Pretrial Order: Length of Trial: 3-5 days; Trial Location: Albany; Joining of Parties Deadline 12/31/03; Amending of Pleadings Deadline 12/31/03; Expert Reports: plaintiff 12/31/03, defendant 2/13/04, written reports due by 2/27/04; Discovery Deadline 3/31/04; Motion Filing Deadline 5/14/04; Jury Trial ready deadline 9/1/04; Jury Trial Deadline 9/14/04 at 9:30 AM (Signed by: Magistrate Judge David E. Peebles) (jmb) (Entered: 08/29/2003)
2003-08-26 16 0 ORDER: resetting the Answer deadline to 9/30/03 for Air Fresheners Inc. , in the event of deft's failure to comply with this order, plaintiff shall be free thereafter to request the entry of default and default judgment. (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 09/02/2003 (Entered: 09/02/2003)
2003-11-06 17 0 CONSENT JUDGMENT ( signed by Judge Thomas J. McAvoy ) (amt) (Entered: 11/06/2003)
2003-11-13 18 0 NOTICE of compliance w/Consent Judgment by Deft dd 11/12/03 (amt) (Entered: 11/13/2003)
2009-08-10 19 0 Report on the Determination of an Action regarding patent and/or trademark number(s) 719,498; 1,781,016; 1,791,233; 1,017,832; 1,990,039; 798,701; and 675,796. (see) (Entered: 08/10/2009)