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2023-cv-07653
| 日期 | 描述 |
|---|---|
| 03/05/2025 | ORDER: In light of Defendant Oil Depot's continued failure to comply with its discovery obligations pursuant to prior Court orders (and its refusal to commit to any deadline to complete this production), it is hereby ORDERED that Defendant Oil Depot is PROHIBITED from serving any new document demands in any form prior to the 3/18/2025 Status Conference. The issues identified in DE 133 shall be addressed at the 3/18/2025 Status Conference. Ordered by Magistrate Judge Lee G. Dunst on 3/5/2025. |
| 03/04/2025 | Letter re Joint Status Report (per DE 131) by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 02/21/2025 | Letter to Judge Dunst regarding Polsinello_0027 by Polsinello Fuels, Inc. |
| 02/13/2025 | ORDER: The Court hereby ORDERS as follows (see attached document for additional rulings): 1. Any and all future submissions to the undersigned shall be limited to four pages (unless otherwise directed by this Court); 2. The parties shall file a joint status report on 3/4/2025. This status report shall include specific details regarding discovery conducted to date and what remains outstanding (including document production and depositions); 3. The parties shall refrain from any other filings with the undersigned absent a showing of good cause supported by a sworn attorney declaration (unless otherwise ordered by this Court) prior to 3/18/2025; 4. The parties shall appear for a Status Conference on 3/18/2025 at 2:30 PM via Zoom videoconference. The Court will provide a Zoom link to the parties in advance of the Status Conference. 5. Any and all relief requested in DE 130 that is not addressed in the attached Order is DENIED WITHOUT PREJUDICE. Ordered by Magistrate Judge Lee G. Dunst on 2/13/2025. |
| 01/31/2025 | Letter re Joint Status Report by The Individuals and Business Entities Identified on Schedule A |
| 01/31/2025 | Case reassigned to Judge Sanket J. Bulsara. Judge Joan M. Azrack no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. |
| 01/03/2025 | DEMAND for Trial by Jury by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A |
| 12/20/2024 | Plaintiffs Shell Trademark Management B.V. and Pennzoil-Quaker State Company's ANSWER to 126 Answer to Amended Complaint, Third Party Complaint, Counterclaim, of Defendants by Shell Trademark Management B.V., Pennzoil-Quaker State Company. |
| 12/20/2024 | POLSINELLO FUELS, INC. ANSWER to 126 Answer to Amended Complaint, Third Party Complaint, Counterclaim, by Polsinello Fuels, Inc. |
| 12/12/2024 | Amended ANSWER to 107 Amended Complaint,, Amended THIRD PARTY COMPLAINT against John Does 1-10, Polsinello Fuels, Inc., Amended COUNTERCLAIM against Pennzoil-Quaker State Company, Shell Trademark Management B.V. by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A. 附件： 1:Exhibit A 2:(Exhibit C) 3:Exhibit B |
| 11/21/2024 | MEMORANDUM & ORDER: Defendants have not shown that the Discovery Order or Amended Complaint Order were clearly erroneous or contrary to law. Accordingly, Defendants' objections to the Discovery Order and the Amended Complaint Order are OVERRULED. Furthermore, the pre-motion conference requests filed by Plaintiffs and Polsinello are DENIED. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 11/21/2024. |
| 11/19/2024 | Letter Requesting Oral Argument by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A Modified on 11/20/2024 to change event type to motion |
| 11/14/2024 | MEMORANDUM in Opposition re 111 Letter by Defendants Objecting to Magistrate Judge's Discovery Order (ECF No. 111) filed by Shell Trademark Management B.V., Pennzoil-Quaker State Company. 附件： 1:(Exhibit Exhibit B (Letter on Behalf of Shell Identifying Quality Control Standards)) 2:Exhibit Exhibit A (The Oil Depot Invoice) |
| 11/14/2024 | ORDER granting 120 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Joan M. Azrack on 11/14/2024. |
| 11/13/2024 | MEMORANDUM in Opposition re 112 Appeal of Magistrate Judge Decision to District Court filed by Shell Trademark Management B.V., Pennzoil-Quaker State Company. 附件： 1:(Exhibit 1 (to the Decl. of Tyson Smith)) 2:Declaration - Declaration of Tyson Smith |
| 11/13/2024 | MEMORANDUM in Opposition re 111 Letter by Defendants Objecting to Magistrate Judge's Discovery Order (ECF No. 111) filed by Shell Trademark Management B.V., Pennzoil-Quaker State Company. 附件： 1:(Exhibit Slip Sheet for Exhibit B (Letter on Behalf of Shell Identifying Quality Control Standards) (provisionally filed under seal)) 2:Exhibit Slip Sheet for Exhibit A (The Oil Depot Invoice) (provisionally filed under seal) |
| 11/13/2024 | MOTION for Leave to Electronically File Document under Seal by Shell Trademark Management B.V., Pennzoil-Quaker State Company. 附件： 1:(Exhibit Letter on Behalf of Shell Identifying Quality Control Standards) 2:Exhibit The Oil Depot Invoice |
| 11/12/2024 | Letter in Response to ECF Nos. 115 & 118 by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A |
| 11/07/2024 | Amended MOTION for pre motion conference re 117 Letter MOTION for pre motion conference re 115 Letter MOTION for pre motion conference re 104 Amended Counterclaim, (Request for pre-motion conference, motion schedule, or dismissal of amended counterclaims), 104 Amended Countercl by Polsinello Fuels, Inc. |
| 11/07/2024 | Letter MOTION for pre motion conference re 115 Letter MOTION for pre motion conference re 104 Amended Counterclaim, (Request for pre-motion conference, motion schedule, or dismissal of amended counterclaims), 104 Amended Counterclaim, by Polsinello Fuels, Inc. |
| 11/06/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/31/2024, for hearing type Status Conference, before Mag. Judge Lee G. Dunst. Transcriber Transcription Plus II, Inc., Telephone number 917-817-2825. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2024. Redacted Transcript Deadline set for 12/9/2024. Release of Transcript Restriction set for 2/4/2025. |
| 11/05/2024 | Letter MOTION for pre motion conference re 104 Amended Counterclaim, (Request for pre-motion conference, motion schedule, or dismissal of amended counterclaims) by Shell Trademark Management B.V., Pennzoil-Quaker State Company. |
| 11/04/2024 | Letter to Hon. Judge Azrack re ECF No. 112 by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A |
| 10/31/2024 | Minute Entry for proceedings held on 10/31/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Status Conference. Counsel for Plaintiff: Peter Guirguis, Stephen Meleen. Counsel for Defendant: Jonathan E. Moskin, Roma Patel. FTR #: 12:08-12:38, via Zoom Teleconference. Case called. Counsel for all sides present. For the reasons stated on the record, the Court REJECTS Plaintiff Shell and Third-Party Defendant Polsinello's privilege claim over the email chain at DE 97-1 (see DE 92-1 & DE 93) and DENIES the request to clawback the email chain. The 10/16/2024 Scheduling Order remains in effect, except that the parties need not submit status reports on 11/12/2024 and 12/12/2024 and shall instead submit a joint status report on 1/31/2025. The Court reiterates that the parties shall refrain from any further filings with the undersigned absent a showing of good cause, unless such a filing is specifically ordered by the Court. SO ORDERED by Magistrate Judge Lee G. Dunst on 10/31/2024. |
| 10/30/2024 | APPEAL OF MAGISTRATE JUDGE DECISION to District Court by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A re Order 附件： 1:(Exhibit A - Parker Decl.) |
| 10/30/2024 | Letter to Hon. Judge Azrack re October 16 Magistrate Order by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A 附件： 1:(Exhibit A - Parker Decl.) |
| 10/30/2024 | DECLARATION Statement of Third-Party Defendant Under Rule 7.1 by Polsinello Fuels, Inc. |
| 10/30/2024 | NOTICE of Appearance by Robert A. Lippman on behalf of Polsinello, Inc., Polsinello Fuels, Inc. (notification declined or already on case). |
| 10/28/2024 | SUMMONS ISSUED as to Polsinello Fuels, Inc. |
| 10/23/2024 | AMENDED COMPLAINT against The Individuals and Business Entities Identified on Schedule A, The Oil and Lubricant Depot LLC, filed by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:(Exhibit 1 (U.S. registration certificates)) |
| 10/23/2024 | Proposed Summons. Re 105 Amended Third Party Complaint by The Oil and Lubricant Depot LLC |
| 10/23/2024 | AMENDED THIRD PARTY COMPLAINT per ECF No. 100 against John Does 1-10, Polsinello Fuels, Inc., filed by The Oil and Lubricant Depot LLC. |
| 10/23/2024 | AMENDED COUNTERCLAIM per ECF No. 100 against John Does 1-10, Pennzoil-Quaker State Company, Shell Trademark Management B.V., Polsinello Fuels, Inc., filed by The Individuals and Business Entities Identified on Schedule A, The Oil and Lubricant Depot LLC. |
| 10/23/2024 | SCHEDULING ORDER: The Court will conduct a conference on 10/31/2024 at 12:00 PM via Zoom to address Defendant Depot's pending motion to compel (DE [92-1] & DE 93). Ordered by Magistrate Judge Lee G. Dunst on 10/23/2024. |
| 10/22/2024 | Letter providing Common Interest Agreement pursuant to the Court's October 16, 2024 Text Order by Shell Trademark Management B.V., Pennzoil-Quaker State Company 附件： 1:(Exhibit - Common Interest Agreement) |
| 10/18/2024 | RESPONSE to Motion re 99 Letter MOTION to Dismiss for Failure to State a Claim (CORRECTED Request for pre-motion conference, motion schedule, or dismissal of the amended counterclaims) filed by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A. |
| 10/16/2024 | ORDER: The stipulation permitting Depot to amend its Amended Counterclaim and Third-Party Complaint to identify Polsinello Fuels, Inc. as the operating company (DE 100) is GRANTED. The Court approves the new deadlines that the parties agree to (DE 101 at 1), as follows: (1) the last day to serve fact discovery shall be 4/2/2024 and (2) fact discovery shall be completed by 5/2/2025. The parties disagree regarding the scheduling of expert discovery and dispositive motion practice. See id. at 3-5. In light of the complexity of this case and the need for efficient management of this matter, the Court rejects Defendant Depot's accelerated expert discovery schedule (id. at 4-5) as wholly unrealistic and unmanageable. The undersigned therefore APPROVES the schedule proposed by Plaintiff Shell and Third-Party Defendant Posinello (id. at 3) as follows: (1) party with burden expert reports due 6/2/2025; (2) party without burden expert reports due 7/2/2025; (3) last day to serve expert discovery shall be 7/31/2025; (4) rebuttal expert reports due 8/4/2025; (5) expert discovery cutoff shall be 8/29/2025; (6) all discovery shall be completed by 9/5/2025; and (7) the final date to take the first step in dispositive motion practice, if any, consistent with the Individual Practice Rules of Judge Azrack, shall be 9/26/2025. As set forth in DE 101 at 1-2, Plaintiff Shell represents that it has completed its production of the quality control documents. The Court acknowledges Defendant Depot's commentary about this production (id. at 3-4), but the Court finds that these questions are best addressed during the course of depositions as this case proceeds. Therefore, as Plaintiff Shell has satisfied the Court's explicit condition regarding the quality control documents that the undersigned ordered at the 9/24/2024 Status Conference (see DE 88 & DE 96), Defendant Depot is hereby ORDERED to now produce the selected categories of documents identified in DE 86 as per DE 88 ("For the reasons stated on the record. Plaintiff's motion to compel discovery responses at DE 86 by Defendant Depot is GRANTED IN PART and DENIED IN PART."). The Court rejects Defendant Depot's incorrect suggestion the undersigned's rulings on 9/24/2024 "were not final" (DE 101 at 4) and rejects any apparent reservation of rights by Defendant Depot (id. at 5). The Court was quite clear on 9/24/2024 that this was a final decision on these discovery issues, and the undersigned does not intend to revisit this subject absent a good faith effort to meet and confer among the parties. During the 9/24/2024 Status Conference, the undersigned indicated that it was inclined to grant Plaintiff Shell's pending Motion to Amend the Complaint (DE 81), but would hold the motion in abeyance pending production of the quality control standards. As Plaintiff Shell has satisfied that condition (and in light of the liberal standard under Fed. R. Civ. P. 15(a)), Plaintiff Shell's Motion to Amend the Complaint (DE 81) is GRANTED. The Court has reviewed Defendant Depot's objections to this motion (DE 84) and finds them unconvincing in light of the Rule 15(a) standard and the relatively early stage of discovery in this case. To the extent not addressed herein, any and all other relief requested by the parties in DE 101 is DENIED WITHOUT PREJUDICE. The parties remain obligated to submit joint status reports on 11/12/2024 and 12/12/2024, and shall refrain from any further filings with the undersigned absent a showing of good cause (unless such a filing is specifically ordered by the Court). Finally, as to the pending discovery dispute regarding a privilege claim by Third-Party Defendant Posinello (see DE [92-1] & DE 93), the parties shall submit by 10/25/2024 a copy of the so-called "Common Interest Agreement" between Shell and Posinello (DE 93 at 5). Ordered by Magistrate Judge Lee G. Dunst on 10/16/2024. |
| 10/15/2024 | Letter re Joint Status Report by The Oil and Lubricant Depot LLC, The Individuals and Business Entities Identified on Schedule A |
| 10/15/2024 | STIPULATION by The Oil and Lubricant Depot LLC |
| 10/11/2024 | Letter MOTION for Pre Motion Conference to Dismiss for Failure to State a Claim (CORRECTED Request for pre-motion conference, motion schedule, or dismissal of the amended counterclaims) by Pennzoil-Quaker State Company, Shell Trademark Management B.V. Modified on 10/15/2024 to change event type to motion for pre motion conference |
| 10/11/2024 | Letter MOTION to Dismiss for Failure to State a Claim (Request for pre-motion conference, motion schedule, or dismissal of the amended counterclaims) by Pennzoil-Quaker State Company, Shell Trademark Management B.V. Modified on 10/15/2024 to change event type to motion for pre motion conference |
| 10/10/2024 | Letter per October 1 Order re DE 92 by The Individuals and Business Entities Identified on Schedule A, The Oil and Lubricant Depot LLC 附件： 1:(Exhibit) |
| 10/07/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/24/2024, for hearing type Status Conference, before Mag. Judge Lee G. Dunst. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2024. Redacted Transcript Deadline set for 11/7/2024. Release of Transcript Restriction set for 1/6/2025. |
| 10/03/2024 | SUMMONS ISSUED as to Polsinello, Inc. |
| 10/02/2024 | Proposed Summons. Re 90 Amended Third Party Complaint by The Individuals and Business Entities Identified on Schedule A, The Oil and Lubricant Depot LLC |
| 10/02/2024 | Your 91 proposed summons was not issued for one of the following reasons: If multiple parties do not fit in the caption, there must me a rider attached to the summons with the name of all parties included. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. |
| 10/01/2024 | ORDER: Defendants' motion at DE 92 to file the unredacted letter (DE [92-1]) under seal is GRANTED. It is further ORDERED that (1) the parties shall submit under seal a copy of the entire email chain (from 3/15/2023 to 3/20/2023) referenced in DE 93 and (2) the parties shall file a joint letter that identifies all individuals on this email chain and their respective titles and roles. These submissions are due by 10/11/2024. Ordered by Magistrate Judge Lee G. Dunst on 10/1/2024. |
| 09/30/2024 | ORDER finding as moot 69 Motion for Pre Motion Conference. In light of DE 89 and Defendants' amended counterclaims, Plaintiff's motion for a pre-motion conference is denied as moot with leave to renew later in this litigation. Ordered by Judge Joan M. Azrack on 9/30/2024. |
| 09/30/2024 | REDACTION to 92 Motion for Leave to Electronically File Document under Seal, 1 - Sealed Document CV by The Individuals and Business Entities Identified on Schedule A 附件： 1:(Exhibit to Letter) |
| 09/30/2024 | MOTION for Leave to Electronically File Document under Seal by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit to Letter) 2:Letter to Hon. Judge Dunst |
| 09/27/2024 | Proposed Summons. Re 90 Amended Third Party Complaint by The Individuals and Business Entities Identified on Schedule A |
| 09/27/2024 | AMENDED THIRD PARTY COMPLAINT against John Doe, POLSINELLO, INC., filed by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit C) 2:Exhibit B 3:Exhibit A |
| 09/27/2024 | AMENDED COUNTERCLAIM against All Plaintiffs, filed by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit C) 2:Exhibit B 3:Exhibit A |
| 09/24/2024 | Minute Order for proceedings held on 9/24/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Status Conference. Counsel for Plaintiff: Peter Guirguis, Ryan James Miller, Tyson David Smith. Counsel for Defendant: Jonathan E. Moskin, Roma Patel. FTR #: 11:03-11:22, via Zoom Teleconference. Case called. Counsel for all sides present. For the reasons stated on the record, the Court ordered as follows: (1) no discovery master will be appointed at this time. However, the parties are on notice that such a master may be appointed in the future as needed; (2) Plaintiff has one final opportunity to produce and clearly identify its trademark quality control standards (see DE 86) by no later than 10/15/2024; (3) Plaintiff's motion to compel discovery responses at DE 86 by Defendant Depot is GRANTED IN PART and DENIED IN PART. However, Defendant Depot's supplemental production per this Order is held IN ABEYANCE pending Plaintiff's aforementioned production of its trademark quality control standards; (4) Any and all additional relief requested in DE 86 is DENIED WITHOUT PREJUDICE; (5) Defendant Depot's unopposed motion to amend (DE 82) is GRANTED; (6) Plaintiff's motion to amend (DE 81) is held IN ABEYANCE pending Plaintiff's aforementioned production of its trademark quality control standards; (7) The parties shall refile the letter at DE 87 regarding the Polsinello discovery dispute (see 9/23/2024 Order) by 10/15/2024, but only if they comply with the proper legal standards governing the limited sealing of Court records; (8) The schedule at DE 68 remains in place. Any joint request to revise the schedule shall be filed by 10/15/2024; (9) The parties shall file a joint status report on 10/15/2024, as well as 11/12/2024 and 12/12/204 (see DE 78); and (10) The parties shall refrain from any additional filings with the undersigned absent a showing of good cause. SO ORDERED by Magistrate Judge Lee G. Dunst on 9/24/2024. |
| 09/23/2024 | ORDER denying 87 Motion for Leave to Electronically File Document under Seal. Defendants' Motion for Leave to Seal at DE 87 is DENIED WITHOUT PREJUDICE. Per DE 87, Defendants seek leave of the Court to file a letter entirely under seal regarding a discovery dispute. This sealing request is wildly overbroad and fails to comply with the undersigned's Individual Practice Rule III.E ("In filing such a motion, the parties are urged to consider the current jurisprudence regarding the legal standards relating to public access to documents filed with the Court. See, e.g., Brown v. Maxwell, 929 F.3d 41 (2d Cir. 2019) ("the Supreme Court has recognized a qualified right 'to inspect and copy judicial records and documents'") (citation omitted)."). Furthermore, the Court will not enable Defendants' obvious gamesmanship in waiting until the eve of the Status Conference on 9/24/2024 at 11:00 AM to file the sealed letter regarding this discovery dispute. The parties shall refrain from any further filings prior to tomorrow's Status Conference. Ordered by Magistrate Judge Lee G. Dunst on 9/23/2024. |
| 09/23/2024 | MOTION for Leave to Electronically File Document under Seal by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Letter) |
| 09/09/2024 | Letter re Joint Status Report regarding discovery by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 08/19/2024 | ORDER. It appears to the Court that the parties have been unable to resolve the myriad of discovery issues in this case despite repeated and explicit warnings by District Judge Joan M. Azrack and the undersigned. See DEs 83 and 84. Now, with these long-standing discovery issues apparently still unresolved, the parties seek to expand the scope of this case by adding additional claims and additional parties. See DEs 81 and 82. In the interests of judicial efficiency and case management, all motions to amend (DEs 81 and 82) are HELD IN ABEYANCE at this time and will be addressed in the future (if necessary) but only after the Court has first determined that these open discovery issues have been resolved or sufficiently narrowed. See generally Dietz v. Bouldin, 579 U.S. 40, 45 (2016) (asserting that the Court has "the inherent authority to manage their dockets and courtrooms with a view toward the efficient and expedient resolution of cases"). The parties' next joint status report is due on 9/9/2024. See DE 78. That report shall provide a clear and succinct update on the status of discovery and whether the parties have resolved their disputes. The Court also directs the parties to meet and confer orally by telephone, video-conference and/or in person (not by email or written correspondence) regarding the current status of discovery issues and possible amendment of their pleadings and then provide the Court with a joint update on these discussions in their next status report. Furthermore, the parties shall address in their joint submission whether the Court should appoint a discovery master in this case pursuant to Fed. R. Civ. P. 53(a)(1)(C). See Seggos v. Datre, No. 17-CV-2684, 2017 WL 11681160, at *2-4 (E.D.N.Y. Dec. 19, 2017) (discussion of legal standards regarding appointment of master and apportionment of costs between the parties). Finally, the parties shall refrain from any further filings with the undersigned prior to 9/9/2024 absent a showing of good cause. Ordered by Magistrate Judge Lee G. Dunst on 8/19/2024. |
| 08/16/2024 | Letter to Magistrate Judge Dunst re (ECF No. 82) Defendants' Motion for Leave to Amend Affirmative Defenses, Counterclaims, and to add a Third-Party Complaint and Response to Defendants' August 15, 2024 Letter (ECF No. 84) by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 08/15/2024 | Letter to Hon. Dunst re Motion to Amend at ECF No. 81 by The Individuals and Business Entities Identified on Schedule A |
| 08/09/2024 | Letter re Joint Status Report Regarding Discovery by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 08/09/2024 | ORDER. By 8/16/2024, Plaintiffs shall advise the Court whether they consent to Defendants' motion for leave to amend their Affirmative Defenses and Counterclaims against Plaintiffs and to add a Third-Party Complaint (DE 82). Ordered by Magistrate Judge Lee G. Dunst on 8/9/2024. |
| 08/08/2024 | MOTION for Leave to File Document Amended Affirmative Defenses, Counterclaims, and Third Party Complaint by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit Exhibit B to Lopes Decl.) 2:Exhibit Exhibit B to Amended Affirmative Defenses, Counterclaims, and Third Party Complaint 3:Exhibit Exhibit C to Amended Affirmative Defenses, Counterclaims, and Third Party Complaint 4:Exhibit Exhibit A to Amended Affirmative Defenses, Counterclaims, and Third Party Complaint 5:Exhibit Exhibit A to Lopes Decl. 6:Declaration of Roma Lopes in Support of Leave to Amend 7:Memorandum in Support of Leave to Amend Affirmative Defenses, Counterclaims, and Third Party Complaint |
| 08/02/2024 | ORDER. Defendants shall advise the Court whether they consent to Plaintiff's motion for leave to file the amended complaint (DE 81), by 8/16/2024. Ordered by Magistrate Judge Lee G. Dunst on 8/2/2024. |
| 08/02/2024 | ORDER granting 80 Motion for Extension of Time to Amend. Defendants' motion at DE 80 to extend the deadline to amend pleadings is GRANTED. The deadline is extended to 8/8/2024. Ordered by Magistrate Judge Lee G. Dunst on 8/2/2024. |
| 08/01/2024 | MOTION for Leave to File Document - Amended Complaint by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:(Exhibit B (to Decl. of Ryan Miller) - Redline of Original Complaint) 2:Exhibit A (to Decl. of Ryan Miller) - Proposed Amended Complaint 3:Declaration of Ryan Miller 4:Memorandum in Support |
| 08/01/2024 | Consent MOTION for Extension of Time to Amend Pleadings by The Individuals and Business Entities Identified on Schedule A. |
| 07/18/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/11/2024, before Mag. Judge Lee G. Dunst. Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-732-6461. Email address: cmfiore17@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2024. Redacted Transcript Deadline set for 8/19/2024. Release of Transcript Restriction set for 10/16/2024. |
| 07/11/2024 | Minute Entry for proceedings held on 7/11/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Status Conference. Counsel for Plaintiff: Stephen Meleen, Peter Guirguis. Counsel for Defendant: Jonathan E. Moskin. FTR #: 12:37-1:19. Case called. Counsel for all sides present. For the reasons stated on the record, the prior schedule remains in place (see DE 68). The parties shall submit monthly status reports on 8/9/2024, 9/9/2024, 11/12/2024, and 12/12/2024. The Court will hold a Status Conference on 9/24/2024 at 11:00AM via Zoom. SO ORDERED by Magistrate Judge Lee G. Dunst on 7/11/2024. |
| 07/09/2024 | Letter re Joint Status Report Regarding Discovery by The Individuals and Business Entities Identified on Schedule A |
| 06/28/2024 | Letter by The Individuals and Business Entities Identified on Schedule A |
| 06/24/2024 | ORDER denying 73 Motion for Discovery. Defendants' Letter Motion for Discovery (DE 73) DENIED WITHOUT PREJUDICE. Presently before the Court is a joint letter at DE 73 regarding discovery issues raised by Defendants The Oil and Lubricant Depot LLC and Steven Krausman, Plaintiffs' letter at DE 74 purporting to change its portion of the joint letter, and Defendants' reply at DE 75 to Plaintiffs' letter. These letters were all submitted within a 24-hour time period and collectively exceed 160 pages. The Court is rejecting all these submissions and DENYING WITHOUT PREJUDICE any relief sought therein due to multiple violations of the undersigned's Individual Practice Rules, including Rule I.B.2 (failure to "act professionally and cooperate with each other in all phases of discovery and be courteous in their dealings with each of other"), Rule IV.C (failure to adequately meet and confer), Rule IV.D.1 (submission of excessive attachments in connection with the joint motion), and Rule IV.D.2 (improper submission of additional letters subsequent to the filing of the joint letter). Therefore, Defendants' Letter Motion for Discovery (DE 73) is DENIED WITHOUT PREJUDICE and any further relief sought in the subsequent letters (DE 74 and DE 75) are also DENIED WITHOUT PREJUDICE. If the parties are unable to resolve the issues raised in the aforementioned letters, they may refile one joint letter that complies with the undersigned's Individual Practice Rules. It is furthered ORDERED that parties shall submit a joint status report (limited to three pages with no exhibits) by 7/9/2024. Finally, the conference currently scheduled for 7/11/2024 at 12:30 PM (see DE 68) is CONVERTED to in-person in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. Ordered by Magistrate Judge Lee G. Dunst on 6/24/2024. |
| 06/21/2024 | REPLY to Response to Motion re 73 Letter MOTION for Discovery filed by The Individuals and Business Entities Identified on Schedule A. |
| 06/21/2024 | RESPONSE to Motion re 73 Letter MOTION for Discovery (correcting Joint Letter) filed by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 06/20/2024 | Letter MOTION for Discovery by The Individuals and Business Entities Identified on Schedule A. |
| 06/14/2024 | STIPULATION AND ORDER: The parties' stipulation at DE 72 regarding the format and production of electronically stored information and related document production is APPROVED. Ordered by Magistrate Judge Lee G. Dunst on 6/14/2024. |
| 06/13/2024 | STIPULATION and Order Regarding the Format of Electronically Stored Information and Document Production by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 05/31/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/03/2024, before Mag. Judge Lee G. Dunst. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 8/29/2024. |
| 05/17/2024 | Letter in Response to Letter Requesting Pre-Motion Conference by The Individuals and Business Entities Identified on Schedule A 附件： 1:(Exhibit Exhibit A - ECF No. 36) |
| 05/13/2024 | Letter requesting pre-motion conference by Pennzoil-Quaker State Company, Shell Trademark Management B.V. Modified on 5/14/2024 to change event type to motion |
| 05/03/2024 | Minute Entry for proceedings held on 5/3/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Case called. Counsel for all sides present. For the reasons stated on the record, the parties' proposed schedule at DE 60 is APPROVED as follows: (1) completion of fact discovery by 12/20/2024; (2) Plaintiff's exchange of expert report(s), if any, by 10/21/2024; (3) Defendant's exchange of expert report(s), if any, is 12/6/2024; (4) rebuttal expert report(s), if any, by 1/6/2025; (5) completion of expert discovery by 1/31/2025; (6) completion of all discovery by 2/7/2025; and (7) the final date to take the first step in dispositive motion practice; consistent with the Individual Practice Rules of District Judge Joan M. Azrack, shall be by 2/28/2025. Additionally, any motion to amend the pleadings to add claims or join additional parties must be filed by 8/1/2024. Any such motion filed on or after 8/2/2024 will be denied absent a showing of good cause under Fed. R. Civ. P. 16(b)(4). See Sacerdote v. New York University, 9 F. 4th 95, 115 (2d Cir. 2021). The parties shall submit a joint status report by 6/28/2024. The Court will hold a Status Conference on 7/11/2024 at 12:30PM via Zoom. The Court will send a Zoom invitation closer to the conference date. SO ORDERED by Magistrate Judge Lee G. Dunst on 5/3/2024. |
| 05/01/2024 | ANSWER to 65 Answer to Complaint, Third Party Complaint, Counterclaim, by Pennzoil-Quaker State Company, Shell Trademark Management B.V. (Additional attachment(s) added on 5/6/2024: # 1 Sealing Cover Sheet) (LC). Modified on 5/6/2024 to restrict to court users and case participants as per chambers |
| 04/29/2024 | ORDER granting 64 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Lee G. Dunst on 4/29/2024. |
| 04/26/2024 | ANSWER to 1 Complaint,, THIRD PARTY COMPLAINT against John Doe, COUNTERCLAIM against All Plaintiffs by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Sealing Cover Sheet) (LC). Modified on 5/6/2024 to restrict to court users and case participants as per chambers (LC) 2:Exhibit A - Email 3:Exhibit B - Bill of Lading) (Additional attachment(s) added on 5/6/2024: # |
| 04/26/2024 | MOTION for Leave to Electronically File Document under Seal by The Individuals and Business Entities Identified on Schedule A. 附件： 1:Exhibit A - Email 2:(Exhibit B - Bill of Lading) 3:Answer |
| 04/23/2024 | ORDER. The Proposed Addendum to Amended Standstill Agreement (DE 62) is So Ordered. Ordered by Judge Joan M. Azrack on 4/23/2024. |
| 04/19/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re 59 Status Conference, - Joint Notice of Filing 附件： 1:(Supplement - [Proposed] Addendum to Amended Standstill Agreement) |
| 04/17/2024 | ORDER denying 35 Motion to Dismiss for Failure to State a Claim Without Prejudice and With Leave to Renew. On November 14, 2023, Defendants filed counterclaims for Tortious Interference with Contract and Tortious Interference with Prospective Advantage. (See ECF No. 28.) On December 5, 2023, Plaintiff purported to file a request for a pre-motion conference in anticipation of filing motion to dismiss Defendants' counterclaims. (See ECF No. 35.) Instead, Plaintiff filed a letter motion to dismiss on the docket. (See id.) The Court denies this motion without prejudice and with leave to renew later in this litigation. Ordered by Judge Joan M. Azrack on 4/17/2024. |
| 04/15/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/04/2024, before Judge Joan M. Azrack. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2024. Redacted Transcript Deadline set for 5/16/2024. Release of Transcript Restriction set for 7/15/2024. |
| 04/12/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re Scheduling Order, - Joint Notice of Discovery Schedule |
| 04/11/2024 | ORDER denying 28 Motion for Leave to Electronically File Document under Seal. Per DE 28, Defendants seeks to seal in its entirety its Answer and supporting exhibits, claiming that it contains "confidential information." The Court disagrees with Defendants' request for total sealing. Defendants has made no effort to redact out portions of its 27-page Answer and exhibits which, in the Courts opinion, certainly should be part of the public record as a judicial document. See, e.g., Nielson Consumer LLC v. Circana Grp., L.P., No. 22-CV-3235, 2024 WL 990073 (S.D.N.Y. Mar. 6, 2024) (general discussion of legal standard regarding sealing motions); see generally Restivo v. Hessemann, 846 F.3d 547, 592 (2d Cir. 2017) (holding that it is not "the district court's job either to do the [parties'] homework or to take heroic measures aimed at salvaging the [parties] from the predictable consequences of self-indulgent lassitude"). Therefore, Defendants' motion to seal at DE 28 is DENIED WITHOUT PREJUDICE. It is further ORDERED that Defendants shall file either (1) a revised sealing motion (consistent with this order), or (2) its Answer in unredacted form on the public docket by 4/26/2024. Ordered by Magistrate Judge Lee G. Dunst on 4/11/2024. |
| 04/04/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 4/4/2024. Appearances: For Plaintiff: Steve Meleen, Tyson Smith, Peter GuirguisFor Defendants: Jonathan Moskin, Roma Lopes. Case called. Counsel present for all sides. Other: The parties are granted a two week extension to agree on, and then submit, any changes to the Proposed Standsstill Agreement as set forth in the Court's March 19, 2024 Minute Entry Order. The parties are especially encouraged to come to an agreement on the bond posted by Oil Depot on November 2, 2023. If no agreement can be reached, the Court will take the issue under advisement. |
| 04/04/2024 | SCHEDULING ORDER: A telephone status conference is scheduled for Thursday, April 4, 2024 at 3:00 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 4/4/2024. |
| 04/03/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re 57 Order, - Joint Notice of Filing 附件： 1:(Supplement - [Proposed] Addendum to Amended Standstill Agreement) |
| 03/30/2024 | ORDER. The Court So Orders the Proposed Standstill Agreement jointly submitted on March 15, 2024 [ECF No. 52-2] with the date March 29, 2024 in paragraph (7) changed to April 3, 2024. The Court grants the parties' joint request that the March 29, 2024 deadline to submit changes to the Proposed Standstill Agreement as set forth in the Court's March 19, 2024 Minute Entry Order (ECF No. 53) be extended to April 3, 2024. Ordered by Judge Joan M. Azrack on 3/30/2024. |
| 03/29/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re 53 Status Conference, - Joint Notice of Filing 附件： 1:(Appendix - Amended Standstill Agreement) |
| 03/27/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 19, 2024, before Judge Joan M. Azrack. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the ranscriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/25/2024. |
| 03/27/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 11, 2024, before Judge Joan M. Azrack. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/25/2024. |
| 03/21/2024 | SCHEDULING ORDER: The Court will hold a Status Conference on 5/3/2024 at 11:00AM via Zoom. The Court will send a Zoom invitation closer to the conference date. The parties are directed to submit a joint letter with a proposed schedule for discovery by 4/12/2024. Ordered by Magistrate Judge Lee G. Dunst on 3/21/2024. |
| 03/19/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 3/19/2024. APPEARANCES: For Plaintiff: Steve Meleen, Tyson Smith, Peter Guirguis; For Defendants: Jonathan Moskin, Roma Lopes. Case called. Counsel present for all sides. Other: For the reasons set forth on the record, the preliminary injunction hearing scheduled for 4/2/2024 is CANCELLED. Any changes to the standstill agreement should be filed by 3/29/2024. This case will be referred to Magistrate Judge Dunst to schedule and oversee discovery once the updated standstill agreement is filed and So Ordered. |
| 03/18/2024 | ORDER. A telephone status conference is scheduled for Tuesday, March 19, 2024 at 2:00 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 3/18/2024. |
| 03/15/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re Scheduling Order, - Joint Notice of Filing 附件： 1:(Appendix - Amended Standstill Agreement (Clean)) 2:Appendix - Amended Standstill Agreement (Redline) |
| 03/11/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel). Appearances: For Plaintiff: Steve Meleen, Tyson Smith, Peter Guirguis; For Defendants: Jonathan Moskin, Roma Lopes. Case called. Counsel present for all sides. Other: Rulings set forth on the record. Order to issue with deadlines for the PI hearing. |
| 03/11/2024 | SCHEDULING ORDER: As discussed at the March 11, 2024 telephonic status conference, the parties are directed to meet, confer, and mutually amend the Court's December 4, 2023 standstill agreement. (ECF No. 34.) The parties are directed to file a proposed joint amended standstill agreement (with redlines) no later than end of day Friday, March 15, 2024. To the extent the parties are unable to mutually amend the standstill agreement, the Court sets the following briefing schedule for the April 2, 2024, preliminary injunction hearing. Plaintiff shall file its opening brief no later than Tuesday, March 19, 2024. Defendant shall file its opposition no later than Tuesday, March 26, 2024. Plaintiff shall file its reply, if any, no later than Friday, March, 29, 2024. Ordered by Judge Joan M. Azrack on 3/11/2024. |
| 03/09/2024 | SCHEDULING ORDER: In light of DE 50, a telephone status conference is scheduled for Monday, 3/11/2024 at 3:30 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 3/9/2024. |
| 03/08/2024 | Letter to Hon. Joan Azrack by The Individuals and Business Entities Identified on Schedule A |
| 03/06/2024 | MEMORANDUM in Opposition re 48 Notice(Other), filed by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit B) 2:Declaration of Jonathan Moskin 3:Exhibit A 4:Declaration of Jeffrey Samet |
| 03/04/2024 | NOTICE by Pennzoil-Quaker State Company, Shell Trademark Management B.V. re Order on Motion to Continue, - Confirmation of Service of Plaintiffs' Witness List, Plaintiffs' response to Defendants regarding resumption of purchases and sales from all authorized Shell distributors, and Plaintiffs' Joint Testing Proposal |
| 02/29/2024 | ORDER granting 46 Motion to Continue. A Preliminary Injunction hearing is set for 4/2/2024 at 11:00 AM in the Brooklyn Courthouse (Courtroom TBD). Additionally, the Court makes three rulings in response to the issues raised in DE 47. First, the parties are directed to complete the joint testing ordered by the Court before March 11. Second, the Court directs Shell to produce a witness list to Oil Depot forthwith and to confirm that prouction on the docket. Third, the Court directs Shell to confirm whether Oil Depot can resume purchases and sales from all authorized Shell distributors. Ordered by Judge Joan M. Azrack on 2/29/2024. |
| 02/26/2024 | Letter to Joan M. Azrack by The Individuals and Business Entities Identified on Schedule A |
| 02/26/2024 | Letter MOTION to Continue the March 11, 2024 Preliminary Injunction Hearing by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 02/20/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 13, 2024, before Judge Joan M. Azrack. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732-263-0044. Email address: Tracy@TGribbenTranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2024. Redacted Transcript Deadline set for 3/22/2024. Release of Transcript Restriction set for 5/20/2024. |
| 02/13/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 2/13/2024. APPEARANCES: For Plaintiff: Tyson Smith, Peter Guirguis; For Defendants: Jonathan Moskin, (w/ Steven Krausman). Case called. Counsel present for all sides. A preliminary injunction hearing is scheduled for 3/11/2024 at 2:00 PM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Other: Rulings set forth on the record. |
| 02/01/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/30/2024, before Judge Joan M. Azrack. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/22/2024. Redacted Transcript Deadline set for 3/4/2024. Release of Transcript Restriction set for 5/1/2024. |
| 01/30/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 1/30/2024. APPEARANCES: For Plaintiff: Stephen Meleen, Tyson Smith; For Defendants: Jonathan Moskin, Roma Lopes. Case called. Counsel present for all sides. A further telephone status conference is scheduled for 2/13/2024 at 4:00 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. |
| 01/23/2024 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for SETTLEMENT CONFERENCE (BK) held on 1/23/2024. APPEARANCES: For Plaintiff: Stephen Meleen, Peter Guirguis, Tyson Smith; For Defendants: Jonathan Moskin, Roma Lopes. Case called. Counsel present for all sides. A telephone status conference to discuss the status of the agreement framework is scheduled for 1/30/2024 at 2:15 PM with Judge Azrack. Counsel shall dial 1-877-873- 8017 and enter access code 4785432 at the prompt. |
| 01/10/2024 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 13, 2023, before Judge Joan M. Azrack. Transcriber Writer's Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/9/2024. |
| 01/05/2024 | SCHEDULING ORDER: The settlement conference scheduled for 1/23/2024 at 2:00 PM will be held in Courtroom 13B of the Brooklyn Courthouse. Ordered by Judge Joan M. Azrack on 1/5/2024. |
| 12/29/2023 | ORDER. The parties' joint proposed protective order (DE 38) is So Ordered. Ordered by Judge Joan M. Azrack on 12/29/2023. |
| 12/28/2023 | Letter to Hon. Joan Azrack re Protective Order by The Individuals and Business Entities Identified on Schedule A 附件： 1:(Redline of Protective Order) 2:Proposed Protective Order |
| 12/13/2023 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 12/13/2023. APPEARANCES: For Plaintiff: Stephen Meleen, Peter Guirguis, Tyson Smith; For Defendants: Jonathan Moskin, Roma Lopes (w/Steven Krasuman). Case called. Counsel present for all sides. An in-person settlement conference is scheduled for 1/23/2024 at 2:00 PM with Judge Azrack in the Brooklyn Courthouse. Courtroom TBD and the parties will be notified. |
| 12/13/2023 | ORDER. On 11/15/2023, the Court set telephone status conference, scheduled for 12/13/2023 at 3:00 PM with Judge Azrack. (ECF No. 30). On 12/04/2023, the Court also ordered the parties to appear at an in-person conference set for 12/13/2023 at 4:00 PM in Courtroom 920 of the Long Island Courthouse. (ECF No. 34). To absolve this clerical error, the parties are hereby ordered to attend the telephone status conference for 12/13/2023 at 3:00 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 12/13/2023. |
| 12/12/2023 | RESPONSE to Motion re 35 Letter MOTION to Dismiss for Failure to State a Claim - (Request for pre-motion conference, motion schedule, or dismissal of counterclaims) filed by The Individuals and Business Entities Identified on Schedule A. |
| 12/05/2023 | Letter MOTION to Dismiss for Failure to State a Claim - (Request for pre-motion conference, motion schedule, or dismissal of counterclaims) by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 12/04/2023 | ORDER. The Court has carefully considered the parties' Joint Statement Concerning the Proposed Stipulated Order. (ECF. No. 33). Given the disagreements therein, the Court has taken the liberty of melding the two Proposed Orders submitted by the parties. The Court directs the parties to closely review the attached Order & Agreement, which will govern the litigation going forward. The parties are strongly encouraged to confer and make mutually agreeable amendments, if any. If the parties cannot agree, or otherwise have any issue with the standstill agreement, the parties shall appear at an in-person conference is set for 12/13/2023 at 4:00 PM before Judge Joan M. Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 12/4/2023. |
| 11/29/2023 | NOTICE by The Individuals and Business Entities Identified on Schedule A Joint Statement Concerning Proposed Stipulated Order Concerning Request for Preliminary Injunction 附件： 1:Exhibit B- Oil Depot -Proposed Stipulated Order Concerning Request for Preliminary Injunction 2:(Exhibit C - Redline Showing Defendants' Proposed Changes to Plaintiff's Proposed Order) 3:Exhibit A - Plaintiffs' Proposed Preliminary Injunction |
| 11/28/2023 | Incorrect Case/Document/Entry Information. The 32 NOTICE by The Individuals and Business Entities Identified on Schedule A filed on 11/28/2023 has been deleted from the above-referenced case in its entirety as per chambers as counsel advised it was filed in error; counsel has filed their corrected document, see ECF No. 33. There will no longer be a document 32 in the above-referenced case. (LC) Modified on 11/30/2023 to indicate the document deleted was ECF No. 32 |
| 11/17/2023 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/15/2023, before Judge Joan M. Azrack. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/8/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/15/2024. |
| 11/15/2023 | MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 11/15/2023. APPEARANCES: For Plaintiff: Stephen Meleen, Peter Guirguis, Tyson Smith (w/Taylor Moore); For Defendants: Jonathan Moskin, Roma Lopes (w/Steven Krasuman, Jeffrey Samet) Case called. Counsel present for all sides. A further telephone status conference is scheduled for 12/13/2023 at 3:00 PM with Judge Azrack. All parties shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. |
| 11/15/2023 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/01/2023, before Judge Joan M. Azrack. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/13/2024. |
| 11/14/2023 | MOTION for Leave to Electronically File Document under Seal by The Individuals and Business Entities Identified on Schedule A. 附件： 1:(Exhibit B) 2:Exhibit A 3:Answer, Affirmative Defenses, Counterclaims, and Third-Party Complaint |
| 11/14/2023 | SCHEDULING ORDER: Due to a change in this Court's calendar, the 11/16/2023 status conference in this case is ADVANCED to 11/15/2023 at 3:30 PM and will be held by TELEPHONE. All counsel shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 11/14/2023. |
| 11/07/2023 | ORDER granting 27 Motion for Extension of Time to Answer. Defendants' motion at DE 27 for an extension of time to file an Answer to the Complaint is GRANTED. The new deadline to file an Answer is extended to 11/16/2023. Ordered by Magistrate Judge Lee G. Dunst on 11/7/2023. |
| 11/06/2023 | Consent MOTION for Extension of Time to File Answer to Complaint by The Individuals and Business Entities Identified on Schedule A. |
| 11/02/2023 | ORDER re 24 Stipulation filed by The Individuals and Business Entities Identified on Schedule A: (1) Defendants shall post a bond in the amount of one million dollars. (2) Upon posting of the bond, all the financial restraints on Defendants in the Courts October 17, 2023 Order (ECF 3-7) are hereby removed. Electronic confirmation of filing shall trigger the dissolution of all such restraints, and Plaintiffs shall promptly notify Bank of Americas counsel that all such financial restraints are removed. (3) Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order are hereby temporarily restrained from manufacturing, repackaging, labeling, printing or producing of labels, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing and/or using the SHELL Marks, as previously defined in this action, or any confusingly similar trademarks, provided that nothing herein shall limit Defendants' rights with respect to any such products purchased directly through Sam's Club. (4) Plaintiffs will do nothing to interfere with ongoing purchases from Sam's Club by Defendants of Shell-branded products or othe1wise interfere with Defendants' business operations unrelated to this action and will reinstate any recently cancelled purchase orders of Shell-branded products that Defendants have made through Sam's Club. (5) Defendants shall provide to Plaintiffs a list of all Defendants ' suppliers of any Shell-branded product purchased since the beginning of 2022, subject to the pa1iies' agreement on confidentiality. (6) Defendants shall reasonably cooperate in providing information and sample products to Plaintiffs to help Plaintiffs locate the source of counterfeit Shell-branded products, if any. (7) Nothing herein shall constitute an admission of wrongdoing or liability by Defendants. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Joan M. Azrack on 11/2/2023. |
| 11/02/2023 | Undertaking on Release of Financial Restraints BOND in the amount of $ $1,000,000 posted by The Individuals and Business Entities Identified on Schedule A |
| 11/02/2023 | STIPULATION of PROPOSED ORDER by The Individuals and Business Entities Identified on Schedule A |
| 11/01/2023 | Minute Order for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR ORDER TO SHOW CAUSE. Counsel For Plaintiff: Peter Guirguis, Stephen Meleen, Tyson Smith (w/ Taylor Moore). Counsel For Defendants: Jonathan Moskin, Roma Lopes (w/ Steven Krausman, Jeffrey Samet). Show Cause Hearing held on 11/1/2023. A further status conference is scheduled for 11/16/2023 at 1:00 PM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Other: Rulings set forth on the record. Parties to submit a proposed stipulation extending the TRO forthwith. Motion 19 is denied. Motion 20 is granted; Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. (FTR Log #4:06-4:33.) |
| 10/31/2023 | Letter to Hon. Judge Azrack by The Individuals and Business Entities Identified on Schedule A |
| 10/30/2023 | RESPONSE in Opposition re 19 Cross MOTION for Order to Show Cause to Vacate Temporary Restraining Order and Reply in Support of ECF No. 4 Plaintiffs Motion for Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets filed by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:Declaration - Supplemental Declaration of Rodel Dadivas 2:Exhibit A (to Supp. Decl. of Rodel Dadivas) 3:Declaration of Samuel Fitten 4:Declaration of Stephen P. Meleen 5:Exhibit A (to Meleen Decl.) 6:Exhibit B (to Meleen Decl.) 7:Exhibit C (to Meleen Decl.) 8:Exhibit D (to Meleen Decl.) 9:(Declaration - Supplemental Declaration of Bree Sandlin) |
| 10/30/2023 | Email Notification Test - DO NOT REPLY. |
| 10/25/2023 | MOTION for Leave to Electronically File Document under Seal by The Individuals and Business Entities Identified on Schedule A. 附件： 1:Memorandum in Opposition to Motion for Preliminary Injunction and in Support of Cross-Motion to Vacate Motion for Preliminary Injunction 2:Declaration of Steven Krausman 3:Exhibit A 4:Exhibit B 5:Exhibit C 6:Exhibit D 7:Declaration of Jonathan Moskin 8:Exhibit E 9:(Exhibit F) |
| 10/25/2023 | Cross MOTION for Order to Show Cause to Vacate Temporary Restraining Order by The Individuals and Business Entities Identified on Schedule A. |
| 10/25/2023 | Corporate Disclosure Statement by The Individuals and Business Entities Identified on Schedule A |
| 10/24/2023 | AFFIDAVIT of Service for Complaint, Application for Temporary Restraining Order, Order granting Temporary Restraining Order, and Related Papers served on the Individuals Identified on Schedule A of the Complaint on October 19, 2023, filed by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 10/24/2023 | AFFIDAVIT of Service for Complaint, Application for Temporary Restraining Order, Order granting Temporary Restraining Order, and Related Papers served on the Business Entities Identified on Schedule A of the Complaint on October 19, 2023, filed by Pennzoil-Quaker State Company, Shell Trademark Management B.V. |
| 10/19/2023 | NOTICE of Appearance by Ryan James Miller on behalf of Pennzoil-Quaker State Company, Shell Trademark Management B.V. (notification declined or already on case) |
| 10/19/2023 | NOTICE of Appearance by Tyson David Smith on behalf of Pennzoil-Quaker State Company, Shell Trademark Management B.V. (notification declined or already on case) |
| 10/19/2023 | NOTICE of Appearance by Stephen Meleen on behalf of Pennzoil-Quaker State Company, Shell Trademark Management B.V. (notification declined or already on case) |
| 10/18/2023 | ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE 12) submitted by Ryan J. Miller for Plaintiffs Shell Trademark Management B.V. and Pennzoil-Quaker State Company and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 10/18/2023. |
| 10/18/2023 | ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE 11) submitted by Tyson D. Smith for Plaintiffs Shell Trademark Management B.V. and Pennzoil-Quaker State Company and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 10/18/2023. |
| 10/18/2023 | ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE 10) submitted by Stephen P. Meleen for Plaintiffs Shell Trademark Management B.V. and Pennzoil-Quaker State Company and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 10/18/2023. |
| 10/17/2023 | MOTION to Appear Pro Hac Vice of Ryan J. Miller Filing fee $ 150, receipt number ANYEDC-17191449 by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:Appendix - Certificate of Good Standing 2:(Affidavit - Ryan J. Miller) |
| 10/17/2023 | MOTION to Appear Pro Hac Vice of Tyson D. Smith Filing fee $ 150, receipt number ANYEDC-17191408 by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:Appendix - Certificate of Good Standing 2:(Affidavit - Tyson D. Smith) |
| 10/17/2023 | MOTION to Appear Pro Hac Vice of Stephen P. Meleen Filing fee $ 150, receipt number ANYEDC-17191329 by Pennzoil-Quaker State Company, Shell Trademark Management B.V. 附件： 1:Appendix Certificate of Good Standing 2:(Affidavit - Stephen P. Meleen) |
| 10/16/2023 | NOTICE of Appearance by Timothy J. Quill, Jr on behalf of Pennzoil-Quaker State Company, Shell Trademark Management B.V. (aty to be noticed) |
| 10/13/2023 | A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. |
| 10/13/2023 | Notice of Report on the filing of an action regarding a Trademark. 附件： 1:Complaint 2:(Exhibit Federal Trademark Registrations) (LJ) |
| 10/13/2023 | Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf |
| 10/13/2023 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 10/13/2023: # 1 Additional Corrections) |
| 10/13/2023 | MOTION for Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets by Pennzoil-Quaker State Company, SHELL TRADEMARK MANAGEMENT B.V. |
| 10/13/2023 | MOTION for Leave to Electronically File Document under Seal by Pennzoil-Quaker State Company, SHELL TRADEMARK MANAGEMENT B.V. 附件： 1:Exhibit Schedule A - List of Defendants (Individuals and Business Entities) 2:Exhibit Declaration A 3:Declaration B 4:Declaration C 5:Declaration D 6:Declaration E 7:(Proposed Order Proposed Sealed Order Granting Ex Parte Application for Entry of Temporary Restraining Order) |
| 10/13/2023 | Corporate Disclosure Statement by Pennzoil-Quaker State Company, SHELL TRADEMARK MANAGEMENT B.V. identifying Corporate Parent Shell plc for Pennzoil-Quaker State Company, SHELL TRADEMARK MANAGEMENT B.V. |
| 10/13/2023 | COMPLAINT against THE INDIVIDUALS AND BUSINESS ENTITIES IDENTIFIED ON SCHEDULE A filing fee $ 402, receipt number ANYEDC-17179668 Was the Disclosure Statement on Civil Cover Sheet completed -YES, filed by SHELL TRADEMARK MANAGEMENT B.V., Pennzoil-Quaker State Company. 附件： 1:Civil Cover Sheet 2:(Exhibit Federal Trademark Registrations) |
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