New York Southern District Court
Judge:Colleen Mcmahon
Case #: 1:16-cv-02645
Nature of Suit820 Property Rights - Copyrights
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Apr 08, 2016
Terminated:May 31, 2017
Last checked: Wednesday Oct 05, 2016 5:06 AM EDT
All Plaintiffs
Adam Mesh Trading Group, LLC
Represented By
Marc Wayne Garbar
Bertone Piccini LLP
contact info
Defendant
Bubba Trading Group, LLC
1200 Portwine Road
Riverwoods, IL 60015
Represented By
John Evans Jureller
Klestadt, Winters, Jureller, Southard & Stevens LLP
contact info
Defendant
Todd Horwitz
1200 Portwine Road
Riverwoods, IL 60015
Represented By
John Evans Jureller
Klestadt, Winters, Jureller, Southard & Stevens LLP
contact info
Defendant
Damon Verial
Plaintiff
Adam Mesh Trading Group, LLC
Represented By
Marc Wayne Garbar
Bertone Piccini LLP
contact info


Docket last updated: 04/23/2024 11:59 PM EDT
Wednesday, May 31, 2017
21 21 1 pgs order Endorsed Letter Wed 05/31 11:23 AM
ENDORSED LETTER addressed to Judge Colleen McMahon from Marc W. Garbar dated 5/30/2017 re: Case settled. ENDORSEMENT: Case closed. (Signed by Judge Colleen McMahon on 5/31/2017) (kgo)
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Monday, May 22, 2017
20 20 order Order to Show Cause Mon 05/22 1:06 PM
ORDER TO SHOW CAUSE: On May 12, 2017, the Court reached out to counsel in this case to inquire about its status, as there appeared to be no activity in this matter since June 2016, when the Court stayed proceedings until August 1, 2016 as the parties sought to negotiate a potential settlement. (Dkt. No. 19.) The Court informed counsel that failure to respond within seven days would result in dismissal of this case for failure to prosecute. No response was received. Plaintiff is hereby ordered to show cause why its complaint should not be dismissed for failure to prosecute. Plaintiff's papers are due no later than May 29, 2017. Defendants may serve a reply no later than June 2, 2017. (Signed by Judge Colleen McMahon on 5/22/2017) (kgo)
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Friday, May 12, 2017
19 19 order Order Fri 05/12 12:08 PM
ORDER. The Court is conducting a review of its docket and making inquiry into cases where there has been no recent activity. It appears that there has been no activity in this case since June 2016, when the Court stayed proceedings until August 1, 2016 as the parties sought to negotiate a potential settlement. Accordingly, the parties are directed to file a letter within seven days (either jointly or separately) reporting on the current status of the litigation. Failure to respond to this order will result in dismissal of this case for failure to prosecute. (Signed by Judge Colleen McMahon on 5/12/2017) (rjm)
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Friday, June 17, 2016
18 18 order Order Fri 06/17 11:28 AM
AMENDED MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS OR CHANGE VENUE TO ILLINOIS STATE COURT: For the reasons set forth above, the Court denies the motion to dismiss for lack of personal jurisdiction and improper venue. The Clerk is directed to remove the motion at Docket Number 10 from the Court's list of open motions. I direct Plaintiff's counsel to this Court's specific rules for cases where RICO violations are alleged. The Court does not look kindly on "in terroram" civil RICO claims, and from the face of the complaint, it appears that the RICO claims asserted here are no more than that. A RICO case statement must be filed promptly; there will be no extension of time for doing so. (Signed by Judge Colleen McMahon on 6/17/2016) (kgo)
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minutes Pretrial Conference - Initial Fri 06/17 3:23 PM
Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 6/17/2016. Decision: Conference held. All proceedings stayed until August 1, 2016 as parties seek to negotiate a settlement. Submitted By: Sarah M. Evans. (mde)
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Thursday, June 16, 2016
17 17 order Order on Motion to Dismiss Thu 06/16 4:00 PM
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR CHANGE VENUE TO ILLINOIS STATE COURT granting in part and denying in part10 Motion to Dismiss. For the reasons set forth above, the Court denies the Defendants' motion to dismiss for lack of personal jurisdiction and improper venue. The Clerk is directed to remove the motion at Docket Number 10 from the Court's list of open motions. I direct Plaintiff's counsel to this Court's specific rules for cases where RICO violations are alleged. The Court does not look kindly on "in terroram" civil RICO claims, and from the face of the complaint, it appears that the RICO claims asserted here are no more than that. A RICO case statement must be filed promptly; there will be no extension of time for doing so. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/16/2016) (mro) Modified on 6/16/2016 (mro)
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Thursday, May 26, 2016
16 16 service Certificate of Service Other Thu 05/26 12:49 PM
CERTIFICATE OF SERVICE of Memorandum of Law In Reply and in Further Support of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to Stay the Proceedings served on Adam Mesh Trading Group, LLC on 05/26/2016. Service was made by Overnight Mail, Email and ECF. Document filed by Bubba Trading Group, LLC, Todd Horwitz. (Jureller, John)
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15 15 respm Reply Memorandum of Law in Support of Motion Thu 05/26 12:37 PM
REPLY MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss Notice of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of a Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to Stay the Proceeding . Document filed by Bubba Trading Group, LLC, Todd Horwitz. (Jureller, John)
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Thursday, May 19, 2016
14 14 30+ pgs respm Memorandum of Law in Opposition to Motion Thu 05/19 5:10 PM
MEMORANDUM OF LAW in Opposition re:10 MOTION to Dismiss Notice of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of a Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to . Document filed by Adam Mesh Trading Group, LLC.(Garbar, Marc)
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Att: 1 Affidavit of Marc W. Garbar, Esq.,
Att: 2 Affidavit of Adam Mesh,
Att: 3 Affidavit of Michael Honig,
Att: 4 Certification of Service
Tuesday, May 10, 2016
13 13 service Certificate of Service Other Tue 05/10 9:32 AM
CERTIFICATE OF SERVICE of Motion to Dismiss, Memorandum of Law in Support and Declaration of John E. Jureller, Jr. in Support [Docket Nos. 10, 11, 12] served on Adam Mesh Trading Group, LLC on May 5, 2016. Service was made by Mail. Document filed by Bubba Trading Group, LLC, Todd Horwitz. (Kiss, Lauren)
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Thursday, May 05, 2016
12 12 respm Declaration in Support of Motion Thu 05/05 6:43 PM
DECLARATION of John E. Jureller, Jr. in Support re:10 MOTION to Dismiss Notice of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of a Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to. Document filed by Bubba Trading Group, LLC, Todd Horwitz.(Jureller, John)
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Att: 1 Exhibit A - New York Complaint,
Att: 2 Exhibit B - Illinois Complaint,
Att: 3 Exhibit C - JV Agreement
11 11 25 pgs respm Memorandum of Law in Support of Motion Thu 05/05 6:38 PM
MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss Notice of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of a Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to Stay the Proceeding . Document filed by Bubba Trading Group, LLC, Todd Horwitz. (Jureller, John)
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10 10 motion Dismiss Thu 05/05 6:36 PM
MOTION to Dismiss Notice of Defendants Bubba Trading, Inc. s/h/a Bubba Trading Group, LLC's and Todd Horwitz's Motion to Dismiss the Complaint on Grounds of a Lack of Personal Jurisdiction and/or Improper Venue or, in the Alternative, to Stay the Proceeding . Document filed by Bubba Trading Group, LLC, Todd Horwitz.(Jureller, John)
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Friday, April 22, 2016
9 9 order Order for Initial Pretrial Conference Fri 04/22 1:36 PM
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/17/2016 at 10:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon as further set forth in this order. (Signed by Judge Colleen McMahon on 4/22/2016) (lmb)
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Monday, April 11, 2016
8 8 service Summons Issued Mon 04/11 11:59 AM
ELECTRONIC SUMMONS ISSUED as to Todd Horwitz. (moh)
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7 7 service Summons Issued Mon 04/11 11:59 AM
ELECTRONIC SUMMONS ISSUED as to Damon Verial. (moh)
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6 6 service Summons Issued Mon 04/11 11:58 AM
ELECTRONIC SUMMONS ISSUED as to Bubba Trading Group, LLC. (moh)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 04/11 11:47 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marc Wayne Garbar. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 820 (Copyright); Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 470 (Racketeer/Corrupt Organization); the Fee Status code has been modified to pd (paid). (moh)
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misc Notice to Attorney Regarding Party Modification Mon 04/11 11:48 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marc Wayne Garbar. The party information for the following party/parties has been modified: Adam Mesh Trading Group, LLC, Damon Verial. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (moh)
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misc Notice to Attorney Regarding Deficient Pleading Mon 04/11 11:50 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marc Wayne Garbar re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the defendant needs to be added in "their individual capacities". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (moh)
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notice Case Opening Initial Assignment Notice Mon 04/11 11:52 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (moh)
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utility Case Designation Mon 04/11 11:54 AM
Magistrate Judge Barbara C. Moses is so designated. (moh)
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utility Case Designated ECF Mon 04/11 11:54 AM
Case Designated ECF. (moh)
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misc Case Opening Fee Paid via Pay.gov Mon 04/11 12:01 PM
Case Opening Fee Paid electronically via Pay.gov: for1 Complaint. Filing fee $ 400. Pay.gov receipt number 0208-12164556, paid on 4/8/2016. (moh)
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Friday, April 08, 2016
5 5 service Request for Issuance of Summons Fri 04/08 2:09 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Damon Verial, re:1 Complaint. Document filed by Adam Mesh Trading Group, LLC. (Garbar, Marc)
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4 4 service Request for Issuance of Summons Fri 04/08 2:08 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Todd Horwitz, re:1 Complaint. Document filed by Adam Mesh Trading Group, LLC. (Garbar, Marc)
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3 3 service Request for Issuance of Summons Fri 04/08 2:06 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Bubba Trading Group, LLC, re:1 Complaint. Document filed by Adam Mesh Trading Group, LLC. (Garbar, Marc)
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2 2 misc Civil Cover Sheet Fri 04/08 1:54 PM
CIVIL COVER SHEET filed. (Garbar, Marc)
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1 1 26 pgs cmp Complaint Fri 04/08 1:36 PM
COMPLAINT against Bubba Trading Group, LLC, Todd Horwitz, Damon Verial. Document filed by Adam Mesh Trading Group, LLC.(Garbar, Marc)
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