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Case 1:19-cv-00577 Document 1 Filed 01/30/19 Page 1 of 7 PageID #: 1

UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK

SPECTRUM DIVERSIFIED DESIGNS, LLC, ) Civil Action No.: 1:19-cv-577


)
Plaintiff, ) COMPLAINT FOR PATENT
) INFRINGEMENT
vs. )
) DEMAND FOR JURY TRIAL
SILK ROSE INC., )
)
Defendant. )
)

Plaintiff Spectrum Diversified Designs, LLC (“Spectrum”) for its Complaint against

Defendant Silk Rose Inc. (“Silk Rose”) alleges as follows:

I. PRELIMINARY STATEMENT

1. This is an action for patent infringement arising under the patent laws of the

United States, Title 35, United States Code.

II. JURISDICTION AND VENUE

2. This Court has original jurisdiction over the subject matter of this action under

28 U.S.C. §§ 1331 and 1338(a).

3. Personal jurisdiction over Silk Rose is proper in this district because Silk Rose is

a domestic business corporation organized under the laws of the State of New York and has its

principal place of business in this district.

4. Personal jurisdiction over Silk Rose is proper in this District because of its

presence in this state, it has availed itself of the rights and benefits of the laws of New York, and

it has systematic and continuous business contacts with New York.

5. Venue is proper in this district under 28 U.S.C. § 1400(b).

7540067.v2
Case 1:19-cv-00577 Document 1 Filed 01/30/19 Page 2 of 7 PageID #: 2

III. PARTIES

6. Spectrum is a limited liability company formed under the laws of Delaware with

its principal place of business at 675 Mondial Parkway, Streetsboro, OH 44241.

7. Upon information and belief, Silk Rose is a corporation formed under the laws of

New York with a principal place of business at 911 Seton Place, Suite 17, Brooklyn, NY 11230.

IV. FACTUAL BACKGROUND

8. Spectrum is engaged in the business of designing, manufacturing, and selling

products, many of which are houseware items.

9. United States Design Patent Number D731,264 (“D264 patent”), entitled

“SPHERE MOLD” issued on June 9, 2015, and names Matthew Frank and Ryan H. Peloquin as

the inventors. A true copy of the D264 patent is attached as Exhibit 1.

10. The D264 patent claims the ornamental design for a sphere mold.

11. Spectrum is the owner by assignment of the entire right, title, and interest in the

D264 patent.

12. Spectrum sells, under its TOVOLO® brand, sphere molds known as the

Sphere Ice Molds that are covered by the D264 patent. Since October 20, 2016, Spectrum or its

predecessors-in-interest have marked the Sphere Ice Molds in compliance with 35 U.S.C. § 287.

13. Silk Rose, doing business as Chuzy Chef, manufactures, uses, sells, offers for

sale, and/or imports into the United States sphere molds, known as the Chuzy Chef Sphere Ice

Molds, that infringe Spectrum’s intellectual property rights, including the D264 patent

(“Accused Products”). Silk Rose has sold or offered for sale its Accused Products through

various retailers, including Amazon, Walmart, Groupon, and Kmart.

2
Case 1:19-cv-00577 Document 1 Filed 01/30/19 Page 3 of 7 PageID #: 3

14. Upon information and belief, Silk Rose has known of the existence of the

D264 patent, and its acts of infringement have been willful and in disregard for the Asserted

Patent without any reasonable basis for believing that it had a right to engage in the infringing

conduct.

15. Counsel for Spectrum contacted Silk Rose regarding the Accused Products on

April 4, 2018.

16. On or around April 24, 2018, Spectrum reported Silk Rose’s infringement to

Amazon.com, Inc. (“Amazon”) to request that Amazon remove all product listings of the

Accused Products. Amazon complied with Spectrum’s request and removed all listings of the

Accused Products on or around May 18, 2018.

17. Undeterred by Amazon’s decision to remove its product listings, Silk Rose re-

listed the Chuzy Chef Sphere Ice Molds on Amazon on or around May 25, 2018. Although Silk

Rose’s new Amazon product listings showed an image of a modified product, Silk Rose

continued to provide infringing products in fulfillment of product orders, which Spectrum

confirmed through purchasing the Accused Product through Amazon.

18. After learning that Silk Rose was continuing to infringe the D264 Patent despite

its prior notice to Silk Rose and the removal of its original product listing, Counsel for Spectrum

contacted Silk Rose again on June 20, 2018. To date, neither Spectrum nor its counsel has

received a response from Silk Rose.

19. On or around October 30, 2018, Spectrum again purchased a Chuzy Chef Sphere

Ice Mold from Silk Rose through Amazon. In fulfillment of this order, Silk Rose provided an

infringing sphere mold despite its product listing showing a modified sphere mold.

3
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20. In addition, Silk Rose continues to offer the Accused Products for sale through

additional retailers. For example, the Accused Products are currently available online from

Walmart.com and Groupon.com. The product listings shown on these websites include product

images showing an infringing sphere ice mold.

21. Silk Rose’s continued sale of the Accused Products, combined with its blatant

attempt to hide its continuing infringement, is proof of its bad faith and willful infringement.

22. Silk Rose’s acts complained of herein have caused Spectrum to suffer irreparable

injury to its business. Spectrum will continue to suffer substantial loss and irreparable injury

until Silk Rose is enjoined from its wrongful actions complained of herein.

V. CLAIM FOR PATENT INFRINGEMENT

23. Spectrum repeats and re-alleges paragraphs 1 through 22 hereof, as if set forth

fully herein.

24. This is a claim for patent infringement under 35 U.S.C. § 271.

25. Silk Rose has copied and infringed Spectrum’s TOVOLO® Sphere Ice Molds.

26. Silk Rose infringed and continues to infringe the D264 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, sphere molds having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D264 patent, including, for example, Silk Rose’s Chuzy

Chef Sphere Ice Molds, as shown below.

4
Case 1:19-cv-00577 Document 1 Filed 01/30/19 Page 5 of 7 PageID #: 5

Infringing Chuzy Chef Sphere Ice Molds Spectrum’s Patent


U.S. Patent No. D731,264

27. Silk Rose’s infringement of the D264 patent was knowing, intentional, and

willful.

28. As a direct and proximate result of Silk Rose’s acts of infringement, Silk Rose has

derived and received gains, profits, and advantages in an amount that is not presently known to

Spectrum.

29. Silk Rose’s infringement of the D264 Patent has caused Spectrum damage for

which Spectrum is entitled to compensation pursuant to 35 U.S.C. § 284.

30. This case is exceptional and, therefore, Spectrum is entitled to an award of

attorneys’ fees pursuant to 35 U.S.C. § 285.

31. Spectrum is entitled to Silk Rose’s total profits from its infringement of the

D264 Patent pursuant to 35 U.S.C. § 289.

32. Due to Silk Rose’s infringing acts, Spectrum has suffered irreparable injury, for

which Spectrum has no adequate remedy at law.

5
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33. Silk Rose will continue to directly infringe Spectrum’s patent rights to the

irreparable injury of Spectrum until enjoined by this Court.

PRAYER FOR RELIEF

WHEREFORE, Spectrum requests judgment against Silk Rose as follows:

A. Adjudging Silk Rose to have infringed the Asserted Patents in violation of 35

U.S.C. § 271;

B. Awarding Spectrum damages adequate to compensate Spectrum for Silk Rose’s

infringement of the D264 Patent, with pre-judgment and post-judgment interest and costs under

35 U.S.C. § 284;

C. Ordering Silk Rose to account for all gains, profits, and advantages derived by

Silk Rose’s infringement of the D264 Patent in violation of 35 U.S.C. § 271, and to pay

Spectrum all damages suffered by Spectrum and/or Silk Rose’s total profits from such

infringement under 35 U.S.C. § 289;

D. Adjudging Silk Rose’s infringement of the D264 Patent to be willful;

E. Awarding Spectrum enhanced damages up to three times the actual amount

assessed under 35 U.S.C. § 284;

F. Declaring this case exceptional and awarding Spectrum its reasonable attorneys’

fees under 35 U.S.C. § 285;

G. Granting a preliminary and permanent injunction enjoining Silk Rose, its

employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries, and assigns,

and all of those in active concert and participation with any of the foregoing persons or entities

from infringing the D264 Patent; and,

H. Awarding further relief this Court deems just and proper.

6
Case 1:19-cv-00577 Document 1 Filed 01/30/19 Page 7 of 7 PageID #: 7

JURY DEMAND

Spectrum demands trial by jury on all claims and issues so triable

Dated: New York, New York


January 30, 2019
By: /s/ Seth H. Ostrow
Seth H. Ostrow, Esq.
Sarah A. Pfeiffer, Esq.
MEISTER SEELIG & FEIN LLP
125 Park Avenue, 7th Floor
New York, New York 10017
Tel: (212) 655-3500
Fax: (212) 655-3535
Email: sho@msf-law.com
sap@msf-law.com

and

Jay Campbell, Esq.


(application for admission pro hac vice to be filed)
Patrick Clunk, Esq.
(application for admission pro hac vice to be filed)
TUCKER ELLIS LLP
950 Main Avenue
Suite 1100
Cleveland, OH 44113-7213
Tel: 216.592.5000
Fax: 216.592.5009
Email: jay.campbell@tuckerellis.com
patrick.clunk@tuckerellis.com

Attorneys for Plaintiff


Spectrum Diversified Designs, LLC

7
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EXHIBIT 1
Case 1:19-cv-00577 Document 1-1 Filed 01/30/19 Page 2 of 11 PageID #: 9
USOOD731264S

(12) United States Design Patent (10) Patent No.: US D731,264 S


Frank et al. (45) Date of Patent: Jun. 9, 2015

(54) SPHERE MOLD 2,028,808 A * 1/1936 Rosenthal .................... 428,36.8


2,152.467 A 3, 1939 Crosby
(71) Applicant: ICI USA, LLC, Seattle, WA (US) 2.247,018 A 6/1941 Henning
(Continued)
(72) Inventors: Matthew Frank, Seattle, WA (US);
Ryan H Peloquin, Seattle, WA (US) OTHER PUBLICATIONS
4pcs Ice Brick Mold Party Bar Tray Cube Round Sphere Ball Maker
(73) Assignee: ICI USA, LLC, Seattle, WA (US) Mould Kitchen–ebay, (online), retrieved on Apr. 29, 2013.
(**) Term: 14 Years Retrieved from, URL: http:/www.ebay.com imws eBay.
(Continued)
(21) Appl. No. 29/452,215
Primary Examiner — Wan Laymon
(22) Filed: Apr. 12, 2013 Assistant Examiner — Mark Booker
O O (74) Attorney, Agent, or Firm — Schwabe Williamson &
Related U.S. Application Data Wyatt PC
(63) Continuation of application No. 29/417.609, filed on
Apr. 5, 2012, now abandoned. (57) CLAM
(51) LOC (10) Cl. ................................................ 07-04 s E. ity. gamental design for a sphere
(52) U.S. Cl. mold, as Snown and descr1 bed.
USPC ........................................................... D7/672 DESCRIPTION
(58) Field of Classification Search
USPC .......... D7/368, 603, 672–676,638, 669,323, FIG. 1 shows a perspective view of the sphere mold;
D7/354,376,543–546,549, 555, 601-602, FIG. 2 shows a first, side view of the sphere mold when it is in
D7/677, 681, 701, 705, 708; 249/63, 69, a closed position where the opposite side is to the same as the
249/70, 127, 132, 81, 91-92, 118-121, side shown:
249/9497, 126, 173, 175; 62/135,348, FIG. 3 shows a top of the sphere mold when it is in a closed
62/352, 350, 300, 66, 228.2, 250, 312, position;
62/398, 400, 459: D15/80, 89–90, 82-83; FIG. 4 shows a second side view of the sphere mold when it
D1/101-103, 105; D23/200, 202, is in a closed position where the opposite side is the same as
D23/204–206: 425/117, 118, 125, 126.1, the to the side shown;
425/126.2, 234; 294/87.11: 206/563, 423, FIG. 5 shows a top view of the sphere mold when it is in an
206/822: 220/659, 669, 674 675, open position;
220/FOR. 112, FOR. 115,800; D6/329, 351 FIG. 6 is a side view of the sphere mold when it is in a closed
See application file for complete search history. position;
(56) References Cited FIG. 7 is a sectional view of the sphere mold taken from line
7-7 of FIG. 6;
U.S. PATENT DOCUMENTS FIG. 8 is an exploded view of the sphere mold; and,
FIG. 9 is a bottom view of the sphere mold.
D42,547 S 5, 1912 Smith
1,034,580 A * 8, 1912 Buckau ......................... 425,408 1 Claim, 8 Drawing Sheets
Case 1:19-cv-00577 Document 1-1 Filed 01/30/19 Page 3 of 11 PageID #: 10

US D731,264 S
Page 2

(56) References Cited D648,989 S 11/2011 Coursey et al.


8,046,921 B2 11/2011 Mastroianni
U.S. PATENT DOCUMENTS D661,540 S * 6/2012 Facey ............................. D7,354
8.408,016 B2 4/2013 Mccollough et al.
2,839,209 A * 6/1958 Lester et al. ............ 215/13.1 D687,681 S* 8.2013 Barber ........................ D7/674
2,890,122 A * 6/1959 Katon ...... 426,112 2009, OO88273 A1 4/2009 Nardacci et al.
D187,748 S * 4/1960 Bently ........................... D7/674 2010, 0162577 A1 7, 2010 Chen
2.955,044 A 10/1960 Tupper 2012/0237656 A1 9/2012 Henry
2.980,039 A 4/1961 Jolly 2014/O1973.00 A1* 7, 2014 Zorovich et al. .............. 249,127
3,050,207 A * 8, 1962 Oxenham ................ 220,581
3,181,913 A * 5/1965 Guido et al. 297,462 OTHER PUBLICATIONS
3,199,711 A * 8/1965 Nurkiewicz 220,581
3,204,959 A * 9, 1965 Nicholls ....................... 473,610 Tovolo Sphere Ice Molds—Sur la table, (online), product reviewed
3,287,807 A 11, 1966 Menke on Sep. 14, 2012, retrieved on Apr. 29, 2013. Retrieved from, URL:
4,075.264 A
4,076,207 A
2, 1978 Hay, II
2f1978 Austin
http://www.surlatable.com/product/PRO-958470-10.
4,130,619 A 12, 1978 Held Tovolo Sphere Ice Molds, Set of 2—Amazon, (online), reviewed on
4,157,805 A 6, 1979 Haber et al. May 3, 2012, retrieved on Apr. 29, 2013. Retrieved from, URL:
4,284,399 A 8, 1981 Newcomb et al. http://www.amazon.com/Tovolo-Sphere-Ice-Mold/.
4,320,849 A 3, 1982 Yellin Tovolo Square Ice Cube Maker 21 4" Diameter Ice Cubes for Cock
4.959,903. A ck 10, 1990 Daoust et al. tails—ebay, (online), site updated on Mar. 13, 2013, retrieved Apr.
Psi.
5.9375.35 A
" : SSr.
8, 1999
E. et al.
P590 29, 2013. URL: http://ebay.com/itm/ws.eBayISAPI.
Office Action dated May 10, 2013 for Design U.S. Appl. No.
D504,286 S * 4/2005 de Cleir ......................... D7,675
D521,819 S 5, 2006 So et al. * cited by examiner
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U.S. Patent Jun. 9, 2015 Sheet 3 of 8 US D731,264 S


Case 1:19-cv-00577 Document 1-1 Filed 01/30/19 Page 7 of 11 PageID #: 14

U.S. Patent Jun. 9, 2015 Sheet 4 of 8 US D731,264 S

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JS 44 (Rev. 11/15) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


SPECTRUM DIVERSIFIED DESIGNS, LLC SILK ROSE INC.

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
MEISTER SEELIG & FEIN LLP
125 Park Avenue, 7th Floor
New York, New York 10017 Tel: (212) 655-3500

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 1 et seq.,
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
01/30/2019 /s/ Seth H. Ostrow
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


CERTIFICATION
Case 1:19-cv-00577 OF ARBITRATION
Document 1-2 Filed 01/30/19 ELIGIBILITY
Page 2 of 2 PageID #: 20
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed. 

 
    

I, __________________________________________,
Seth H. Ostrow counsel for____________________________,
plaintiff do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):

✔ monetary damages sought are in excess of $150,000, exclusive of interest and costs,
✔ the complaint seeks injunctive relief,

the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1


Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

None

RELATED CASE STATEMENT (Section VIII on the Front of this Form)


Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes ✔ No

2.) If you answered “no” above:


a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes ✔ No

b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? ✔ Yes No

c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.

If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or

:FT/P
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.

✔ Yes No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

Yes (If yes, please explain ✔ No

I certify the accuracy of all information provided above.

/s/ Seth H. Ostrow


Signature: ____________________________________________________
/DVW0RGLILHG
Case 1:19-cv-00577 Document 1-3 Filed 01/30/19 Page 1 of 2 PageID #: 21

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

SPECTRUM DIVERSIFIED DESIGNS, LLC, )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:19-cv-577
)
SILK ROSE INC. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) SILK ROSE INC.


911 Seton Place, Suite 17
Brooklyn, NY 11230

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: MEISTER SEELIG & FEIN LLP
125 Park Avenue, 7th Floor
New York, NY 10017

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:19-cv-00577 Document 1-3 Filed 01/30/19 Page 2 of 2 PageID #: 22

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:19-cv-577

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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