Case details

Court: nysd
Docket #: 1:13-cv-01616
Case Name: Yallico et al v. Pio Pio Riko Corp. et al
PACER case #: 408905
Date filed: 2013-03-11
Date terminated: 2013-07-22
Assigned to: Judge Alison J. Nathan
Case Cause: 15:1121 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Augusto Yallico
Plaintiff
 
Matthew Lore Levine
Law Offices of Matthew l. Levine, PLLC
565 Fifth Avenue 7th Floor
New York, NY 10017
(212) 880-9517
Fax: (888) 239-0120
Email: matt@matthewlevinelaw.com
ATTORNEY TO BE NOTICED
Pio Pio 34 Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio Pio Express Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Sipan Restaurant of New York Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio Pio Ocho Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio Pio NYC, Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pollos A La Brasa Pio, Pio, Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio-Pio Restaurant, Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio Pio 85 Inc.
Plaintiff
 
Matthew Lore Levine
(See above for address)
ATTORNEY TO BE NOTICED
Pio Pio Riko Corp.
Defendant
 
Joseph Michael Heppt
Law Offices of Joseph M. Heppt
260 Madison Avenue
21st Floor
New York, NY 10016
(212) 973-0839
Fax: (212) 973-0891
Email: jmheppt@hepptlaw.com
ATTORNEY TO BE NOTICED

Stephen D. Hans
Stephen D. Hans & Associates, P.C(LIC)
45-18 Court Square
Ste. 403
Long Island City, NY 11101
(718) 275-6700
Fax: (718)-997-0829
Email: shans@hansassociates.com
TERMINATED: 05/24/2013
Pio Pio Riko 996 Corp.
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
Pio Pio Riko Astoria Inc.
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
Pio Pio Riko Jamaica Inc.
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
Pio Pio Riko Sea Corp.
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
Rita S. Burgos
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
Walter G. Burgos
Defendant
 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Stephen D. Hans
(See above for address)
TERMINATED: 05/24/2013
John Does
Defendant
1 through 10		 
Joseph Michael Heppt
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-11 1 0 COMPLAINT against Rita S. Burgos, Walter G. Burgos, John Does, Pio Pio Riko 996 Corp., Pio Pio Riko Astoria Inc., Pio Pio Riko Corp., Pio Pio Riko Jamaica Inc., Pio Pio Riko Sea Corp.. (Filing Fee $ 350.00, Receipt Number 465401062153)Document filed by Pio Pio NYC, Inc., Sipan Restaurant of New York Inc., Pio Pio 85 Inc., Augusto Yallico, Pollos A La Brasa Pio, Pio, Inc., Pio Pio 34 Inc., Pio Pio Ocho Inc., Pio-Pio Restaurant, Inc., Pio Pio Express Inc.(jd) (Entered: 03/13/2013)
2013-03-11 2 0 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd) (Entered: 03/13/2013)
2013-03-13 3 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio 34 Inc., Pio Pio 85 Inc., Pio Pio Express Inc., Pio Pio NYC, Inc., Pio Pio Ocho Inc..(Levine, Matthew) (Entered: 03/13/2013)
2013-03-13 4 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio-Pio Restaurant, Inc., Pollos A La Brasa Pio, Pio, Inc., Sipan Restaurant of New York Inc..(Levine, Matthew) (Entered: 03/13/2013)
2013-03-19 5 0 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for Friday, 5/17/2013 at 11:45 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via email proposed case management plan and joint letter nine days before conference. (Signed by Judge Alison J. Nathan on 3/19/2013) (cd) (Entered: 03/20/2013)
2013-03-28 6 0 AFFIDAVIT OF SERVICE. Rita S. Burgos served on 3/15/2013, answer due 4/5/2013. Service was accepted by Rita Burgos. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 7 0 AFFIDAVIT OF SERVICE. Walter G. Burgos served on 3/15/2013, answer due 4/5/2013. Service was accepted by Rita Burgos. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 8 0 AFFIDAVIT OF SERVICE. Pio Pio Riko Corp. served on 3/13/2013, answer due 4/3/2013. Service was accepted by NY Secretary of State. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 9 0 AFFIDAVIT OF SERVICE. Pio Pio Riko 996 Corp. served on 3/13/2013, answer due 4/3/2013. Service was accepted by NY Secretary of State. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 10 0 AFFIDAVIT OF SERVICE. Pio Pio Riko Sea Corp. served on 3/13/2013, answer due 4/3/2013. Service was accepted by NY Secretary of State. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 11 0 AFFIDAVIT OF SERVICE. Pio Pio Riko Jamaica Inc. served on 3/13/2013, answer due 4/3/2013. Service was accepted by NY Secretary of State. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 12 0 AFFIDAVIT OF SERVICE. Pio Pio Riko Astoria Inc. served on 3/13/2013, answer due 4/3/2013. Service was accepted by NY Secretary of State. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-03-28 13 0 CERTIFICATE OF SERVICE of Notice of Initial Conference served on Pio Pio Riko Corp. et al on 3/28/2013. Service was made by MAIL. Document filed by Augusto Yallico. (Levine, Matthew) (Entered: 03/28/2013)
2013-04-02 14 0 ENDORSED LETTER addressed to Judge Alison J. Nathan from Stephen D. Hans dated 4/2/2013 re: Counsel for Defendants respectfully request an extension of time up to and including April 17, 2013 to move against, answer, or otherwise respond to the Complaint in this action. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/2/2013) (rsh) (Entered: 04/02/2013)
2013-04-12 15 0 ENDORSED LETTER addressed to Judge Alison J. Nathan from Matthew L. Levine dated 4/11/2013 re: Request to adjourn the 5/17/2013 initial pretrial conference. ENDORSEMENT: The initial pretrial conference is adjourned until 5/31/2013 at 12:30 pm. ( Initial Conference reset for 5/31/2013 at 12:30 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/12/2013) (cd) (Entered: 04/15/2013)
2013-04-16 16 0 ENDORSED LETTER addressed to Alison J. Nathan from Stephen D. Hans dated 4/16/2013 re: This firm represents the Defendants in connection with the above-referenced matter. We would like to respectfully request an extension of time up to and including May 16, 2013 to move against, answer, or otherwise respond tot he Complaint in this action. ENDORSEMENT: So Ordered. No further extensions. (Signed by Judge Alison J. Nathan on 4/16/2013) (mt) (Entered: 04/16/2013)
2013-05-15 17 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Alison J. Nathan on 5/15/2013) (cd) (Entered: 05/16/2013)
2013-05-15 18 0 ENDORSED LETTER addressed to Judge Alison J. Nathan from Stephen D. Hans dated 5/13/2013 re: Request for a hearing limited solely to the issue of attorney's fees so that this matter may be resolved in accordance with all other terms of Mr. Levine's proposed settlement. ENDORSEMENT: The initial pretrial conference scheduled for 5/31/13 is adjourned. (Signed by Judge Alison J. Nathan on 5/31/2013) (cd) (Entered: 05/16/2013) 2016-07-29 16:51:47 fd49f6fd3fff1dbf184bffa39ecb6e88dfaf7bc8
2013-05-16 19 0 NOTICE OF APPEARANCE by Stephen D. Hans on behalf of Rita S. Burgos, Walter G. Burgos, Pio Pio Riko 996 Corp., Pio Pio Riko Astoria Inc., Pio Pio Riko Corp., Pio Pio Riko Jamaica Inc., Pio Pio Riko Sea Corp. (Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 20 0 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio Riko Sea Corp..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 21 0 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio Riko Jamaica Inc..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 22 0 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio Riko 996 Corp..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 23 0 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio Riko Corp..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 24 0 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pio Pio Riko Astoria Inc..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-16 25 0 ANSWER to 1 Complaint,. Document filed by Rita S. Burgos, Walter G. Burgos, Pio Pio Riko 996 Corp., Pio Pio Riko Astoria Inc., Pio Pio Riko Corp., Pio Pio Riko Jamaica Inc., Pio Pio Riko Sea Corp..(Hans, Stephen) (Entered: 05/16/2013)
2013-05-17 26 0 ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/24/2013 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck as further set forth in this order. (Signed by Magistrate Judge Andrew J. Peck on 5/17/2013) (lmb) (Entered: 05/17/2013)
2013-05-21 27 0 NOTICE of Substitution of Attorney. Old Attorney: Stephen D. Hans, New Attorney: Joseph M. Heppt, Address: Law Offices of Joseph M. Heppt, 260 Madison Avenue, New York, NY, USA 10016, (212) 973-0839. Document filed by Rita S. Burgos, Walter G. Burgos, Pio Pio Riko 996 Corp., Pio Pio Riko Astoria Inc., Pio Pio Riko Corp., Pio Pio Riko Jamaica Inc., Pio Pio Riko Sea Corp.. (Heppt, Joseph) (Entered: 05/21/2013)
2013-05-24 28 0 NOTICE OF APPEARANCE by Joseph Michael Heppt on behalf of Rita S. Burgos, Walter G. Burgos, John Does, Pio Pio Riko 996 Corp., Pio Pio Riko Astoria Inc., Pio Pio Riko Corp., Pio Pio Riko Jamaica Inc., Pio Pio Riko Sea Corp. (Heppt, Joseph) (Entered: 05/24/2013)
2013-05-24 29 0 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that consistent with the attached consent to change of counsel signed by the defendants, the Law Offices of Joseph M. Heppt shall be substituted for the law firm of Stephen D. Hans & Associates, P.C. as the counsel for the defendants herein., Attorney Stephen D. Hans terminated. (Signed by Magistrate Judge Andrew J. Peck on 5/24/2013) (lmb) (Entered: 05/24/2013)
2013-05-24 30 0 RULE 16 IPTC SCHEDULING ORDER: Motions due by 11/20/2013. Fact Discovery due by 10/31/2013. Expert Discovery due by 10/31/2013. Status Conference set for 7/18/2013 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Proposed Pretrial Order due by 11/20/2013. (Signed by Magistrate Judge Andrew J. Peck on 5/24/2013) (lmb) (Entered: 05/24/2013)
2013-07-15 31 0 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Matthew L. Levine dated 7/15/2013 re: This is to inform you that the parties have reached a resolution of this matter. Accordingly, the parties respectfully request that the Court adjourn the status conference currently set with Your Honor on Thursday, July 18, 2013 at 9:30 a.m. ENDORSEMENT: Granted. (Signed by Magistrate Judge Andrew J. Peck on 7/15/2013) (lmb) (Entered: 07/15/2013)
2013-07-22 32 0 ORDER OF DISMISSAL ON CONSENT: The parties having informed the Court that they have reached a settlement agreement in principle and are finalizing settlement documents (see attached letter), IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs, provided, however, that any party may reinstate the action within 10 days hereof if the settlement is not fully effectuated. Any pending motions are to be terminated as moot. (Signed by Magistrate Judge Andrew J. Peck on 7/22/2013) (lmb) (Entered: 07/22/2013)
2013-07-31 33 0 MOTION to Reopen Case by Plaintiffs for Failure of Defendants to Effectuate Settlement. Document filed by Augusto Yallico.(Levine, Matthew) (Entered: 07/31/2013) 2016-07-29 16:49:34 84cd0f11082b7b19ced1168fa713f67ffc05075b
2013-07-31 34 0 DECLARATION of Matthew L. Levine in Support re: 33 MOTION to Reopen Case by Plaintiffs for Failure of Defendants to Effectuate Settlement.. Document filed by Augusto Yallico. (Attachments: # 1 Exhibit A)(Levine, Matthew) (Entered: 07/31/2013) 2016-07-29 16:55:32 000a1425d27ec6d74c781f0a0c087c1c6d1eb13d
34 1 Exhibit A
2013-08-05 35 0 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Matthew L. Levine dated 8/1/2013 re: Plaintiffs' Motion for Reinstatement of Action. ENDORSEMENT: Rather than reopening the case at this time, the Court extends the time for Plaintiff to reinstate the case to 8/19/13. The Court suggests the parties use this time to fix and finalize the settlement. This closes motion Dkt. No. 33. Copies Sent By ECF By Chambers (Signed by Magistrate Judge Andrew J. Peck on 8/5/2013) (cd) (Entered: 08/05/2013)