Verivend Inc. v. Claver et al
| New York Western District Court | |
| Judge: | John L Sinatra, Jr |
| Referred: | Michael J Roemer |
| Case #: | 1:23-cv-01289 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Dec 13, 2023 |
| Last checked: Tuesday Jun 11, 2024 4:36 AM EDT |
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Defendant
Jacob Levi Claver
1176 Vz County Road 1215
Canton, TX 75103 |
Represented By
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Defendant
Digital Ascension Group LLC
9100 John W. Carpenter Fwy
Dallas, TX 75247 |
Represented By
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Plaintiff
Verivend Inc.
599 Delaware Avenue Suite 209
Buffalo, NY 14202 |
Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, February 12, 2025 | ||
| 29 | 29
adr
Mediation Certification
Wed 02/12 4:41 PM
Mediation Certification by Daniel Cavarello. The case has settled. (Cavarello, Daniel) |
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| Monday, February 10, 2025 | ||
| 28 | 28
order
Stipulation and Order
Mon 02/10 12:40 PM
STIPULATED ORDER FOR PERMANENT INJUNCTION. Signed by Hon. John L. Sinatra, Jr. on 2/10/2025. (DDS) |
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| Friday, February 07, 2025 | ||
| 27 | 27
misc
Stipulation
Fri 02/07 3:01 PM
STIPULATION Stipulated Order for Permanent Injunction by Verivend Inc.. (Mercado Clark, Anna) |
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| Monday, July 29, 2024 | ||
| 26 | 26
notice
Notice of Substitution of Counsel
Mon 07/29 2:45 PM
Notice of Substitution of Counsel: Connors LLP is substituted for Bull Blockchain Law LLP. CLERK TO FOLLOW UP (Debbins, Andrew) |
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| Wednesday, July 24, 2024 | ||
| 25 | 25
adr
Mediation Certification
Wed 07/24 2:42 PM
Mediation Certification by Daniel Cavarello. The case has not settled mediation will continue on 9/9/2024.(Cavarello, Daniel) |
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| Friday, July 12, 2024 | ||
| 24 | 24
adr
Stipulation-Selection of Mediator
Fri 07/12 3:22 PM
Stipulation-Selection of Mediator by Verivend Inc.. (Mercado Clark, Anna) |
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| Friday, June 14, 2024 | ||
| 23 | 23
notice
Notice of Withdrawal of Attorney
Fri 06/14 8:57 AM
NOTICE of Withdrawal of Attorney: Jeffrey D. Coren no longer appearing for Plaintiff Verivend Inc.. CLERK TO FOLLOW UP. (Mercado Clark, Anna) |
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| 22 | 22
notice
Notice of Appearance
Fri 06/14 8:56 AM
NOTICE of Appearance by Anna Mercado Clark on behalf of Verivend Inc. (Mercado Clark, Anna) |
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| Monday, June 10, 2024 | ||
| 21 | 21
order
Scheduling Order
Mon 06/10 3:29 PM
CASE MANAGEMENT ORDER. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 7/13/2024. Mandatory Disclosures due by 7/27/2024. First Mediation Session due by 7/27/2024. Motions to Join Parties/Amend Pleadings due by 8/30/2024. Motions to Compel Discovery due by 9/3/2024. Discovery completed by 10/3/2024. Plaintiff and Defendant Expert Witness ID due by 10/31/2024. ispositive Motions due by 1/31/2025. Signed by Hon. Michael J. Roemer on 6/10/2024. (RAZ) |
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| Wednesday, April 17, 2024 | ||
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3
pgs
order
Order
Wed 04/17 8:36 AM
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/17/2024. (RAZ) |
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| Tuesday, April 16, 2024 | ||
| 19 | 19
misc
Corporate Disclosure Statement
Tue 04/16 10:51 AM
Corporate Disclosure Statement by Verivend Inc.. (Coren, Jeffrey) |
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| Monday, April 15, 2024 | ||
| 18 | 18
misc
Corporate Disclosure Statement
Mon 04/15 3:54 PM
Corporate Disclosure Statement by Digital Ascension Group LLC. (Debbins, Andrew) |
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| 17 | 17
order
Order Referring Case to Magistrate Judge
Mon 04/15 10:49 AM
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/15/2024. (KLH) |
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utility
Remark
Mon 04/15 10:33 AM
ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
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| Thursday, April 11, 2024 | ||
| 16 | 16
13
pgs
answer
Answer to Complaint
Thu 04/11 4:43 PM
ANSWER to1 Complaint, by Jacob Levi Claver, Digital Ascension Group LLC.(Doyle, Vincent) |
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| 15 | 15
order
Order on Motion for Pro Hac Vice
Thu 04/11 11:11 AM
TEXT ORDER granting14 Motion for Pro Hac Vice Admission of James Wines. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/11/2024. (KEF) |
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| Wednesday, April 10, 2024 | ||
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motion
Appear Pro Hac Vice
Wed 04/10 3:05 PM
MOTION to appear pro hac vice on behalf of James Wines ( Filing fee $ 200 receipt number ANYWDC-5152249.) by Jacob Levi Claver, Digital Ascension Group LLC.(Debbins, Andrew) |
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Att: 1
Petition,
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Att: 2
Attorney Oath,
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Att: 3
Civility Principles Oath,
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Att: 4
Attorney Database and ECF Registration,
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Att: 5
Sponsor Affidavit
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| 13 | 13
notice
Notice of Appearance
Wed 04/10 3:00 PM
NOTICE of Appearance by Andrew M. Debbins on behalf of Jacob Levi Claver, Digital Ascension Group LLC (Debbins, Andrew) |
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| Monday, December 18, 2023 | ||
| 12 | 12
2
pgs
order
Order
Mon 12/18 2:56 PM
STIPULATED ORDER FOR PRELIMINARY INJUNCTION. Signed by Hon. John L. Sinatra, Jr. on 12/18/2023. (JLV) |
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| 11 | 11
misc
Stipulation
Mon 12/18 12:57 PM
STIPULATION Order for Preliminary Injuction by Verivend Inc.. (Coren, Jeffrey) |
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| Friday, December 15, 2023 | ||
| 10 | 10
minutes
Status Conference
Fri 12/15 4:40 PM
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 12/15/2023 re4 Plaintiff's motion for temporary restraining order and preliminary injunction. Counsel for the plaintiff advises the Court that counsel for the defendants was unable to appear today, but represents that defendants would consent to entry of a TRO as requested in plaintiff's motion. Court is not inclined to grant the TRO based on Mr. Coren's representation and suggests the parties work together to file a stipulation. Absent a stipulation, counsel for defendants should appear on the record. Court will set a briefing schedule on the request for preliminary injunction at a later date. Mr. Coren will notify the Court by noon on 12/18/2023, by filing a status report, if the parties are not able to reach agreement on a stipulation as to the TRO. Appearances. For plaintiff: Jeffrey Coren. (Court Reporter Bonnie Weber) (KLH) |
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| 9 | 9
service
Affidavit of Service
Fri 12/15 1:05 PM
AFFIDAVIT of Service for Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction (with supporting papers), and Text Order dated December 14, 2023 served on Kyla Borgi, Agent for Service (Digital Ascension LLC) on 12/15/23, filed by Verivend Inc.. (Coren, Jeffrey) |
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| 8 | 8
misc
Declaration
Fri 12/15 11:43 AM
DECLARATION signed by Jeffrey D. Coren re 6 Text Order,,,, Terminate Motions,,,, Set Hearings,,, filed by Verivend Inc. .(Coren, Jeffrey) |
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Att: 1
Exhibit A - Email
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| 7 | 7
service
Affidavit of Service
Fri 12/15 11:41 AM
AFFIDAVIT of Service for Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction (with supporting papers), and Text Order dated December 14, 2023 served on Amanda Claver on 12/14/23, filed by Verivend Inc.. (Coren, Jeffrey) |
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| Thursday, December 14, 2023 | ||
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order
Text Order ~Util - Terminate Motions ~Util - Set Hearings
Thu 12/14 2:12 PM
TEXT ORDER granting, in part, Plaintiff's5 Motion to Expedite, as follows. Plaintiff shall serve the complaint (Dkt. 1), the motion for temporary restraining order and preliminary injunction (Dkt. 4), and a copy of this text order on Defendants by 12/15/2023, at noon. Plaintiff also shall serve courtesy copies of those documents, via email, to Defendants and any known counsel for Defendants. Plaintiff shall file proof of service. Counsel for Plaintiff and Defendants shall appear for a scheduling conference on 12/15/2023, at 3:00 PM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Counsel may appear by teleconference. Dial (888) 363-4735. Enter access code 9268964 and press #. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/14/2023. (KEF) |
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| 5 | 5
motion
Expedite
Thu 12/14 1:37 PM
MOTION to Expedite Hearing by Verivend Inc..(Coren, Jeffrey) |
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Att: 1
Declaration of Jeffrey D. Coren, Esq.,
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Att: 2
Exhibit A,
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Att: 3
Text of Proposed Order
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| 4 | 4
motion
Temporary Restraining Order
Thu 12/14 12:56 PM
MOTION for Temporary Restraining Order and Preliminary Injunction by Verivend Inc..(Coren, Jeffrey) |
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Att: 1
Declaration of Rodney R. Reisdorf,
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Att: 2
Exhibit A - Trademark Registration,
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Att: 3
Exhibit B - Agreement,
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Att: 4
Exhibit C - Terms and Conditions,
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Att: 5
Exhibit D - Terms and Conditions,
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Att: 6
Exhibit E - Emails,
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Att: 7
Exhibit F - Screenshots,
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Att: 8
Exhibit G - Transcript,
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Att: 9
Exhibit H - Termination Letter,
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Att: 10
Exhibit I - Email dated November 13,
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Att: 11
Memorandum in Support of it's Motion for Temporary Restaining Order and Preliminary Injunction,
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Att: 12
Text of Proposed Order
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| 3 | 3
service
Summons Issued
Thu 12/14 12:10 PM
Summons Issued as to Jacob Levi Claver, Digital Ascension Group LLC. (TMK) |
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| 2 | 2
misc
Report on the Filing or Determination of Patent or Trademark
Thu 12/14 12:03 PM
Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (TMK) |
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Att: 1
Complaint
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utility
Case Assigned/Reassigned
Thu 12/14 11:38 AM
Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
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adr
Automatic Referral to Mediation
Thu 12/14 11:40 AM
AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(TMK) |
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notice
Notice of Availability of Magistrate Judge
Thu 12/14 11:41 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK) |
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| Wednesday, December 13, 2023 | ||
| 1 | 1
21
pgs
cmp
Complaint
Wed 12/13 12:37 PM
COMPLAINT against Jacob Levi Claver, Digital Ascension Group LLC $ 405 receipt number ANYWDC-5055336, filed by Verivend Inc..(Coren, Jeffrey) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Jacob Levi Claver - Summons,
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Att: 3
Digital Ascension Group LLC - Summons
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