ESTTA Tracking number: ESTTA928907...

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA928907

Filing date: 10/16/2018

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91232430

Party DefendantOcinomled, Ltd

CorrespondenceAddress

DICKERSON M DOWNINGLAW OFFICES OF DICKERSON M DOWNING243 TRESSER BLVD 17TH FLSTAMFORD, CT 06901UNITED [email protected], [email protected] 355-3620

Submission Other Motions/Papers

Filer's Name Dickerson M. Downing

Filer's email [email protected], [email protected]

Signature /dmd/

Date 10/16/2018

Attachments Applicant Response to Board Inquiry Opp. 91232430.pdf(267993 bytes )Downing Decl. Opp. 91232430.pdf(232285 bytes )Downing Decl. Exh 1 Opp. 91232430.pdf(180471 bytes )

http://estta.uspto.gov

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND

APPEAL BOARD EMERIL’S FOOD OF LOVE PRODUCTIONS, LLC.

Opposer, Opposition. No. 91232430

v.

OCINOMLED, LTD.

Applicant.

EXHIBIT 1

DECLARATION OF DICKERSON M. DOWNING IN SUPPORT OF APPLICANT’S RESPONSE TO ORDER INQUIRING ABOUT THE STATUS OF PENDING CIVIL

ACTION

STAYED,CASREF,ECF,MEDTFR4

U.S. District CourtSouthern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:15−cv−09805−GHW

Ocinomled Ltd. et al v. Five "M" Corp. et alAssigned to: Judge Gregory H. WoodsReferred to: Magistrate Judge Barbara C. Moses (Settlement)Cause: 15:1121 Trademark Infringement

Date Filed: 12/16/2015Jury Demand: BothNature of Suit: 840 TrademarkJurisdiction: Federal Question

Plaintiff

Ocinomled Ltd. represented by David Neal SlarskeySlarskey LLC800 Third Ave, 18th FloorNew York, NY 10022(212)−833−1155Fax: (212)−373−7955Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Joshua Donovan ListonBeys, Liston & Mobargha LLP(LEXINGTON)641 Lexington Avenue, 14th FloorNew York, NY 10022646−755−3600Fax: 646−755−3599Email: [email protected]: 07/25/2018LEAD ATTORNEY

Michael Petros BeysBeys, Stein & Mobargha, LLP405 Lexington AvenueNew York, NY 10174(646)−755−3605Fax: (646)−755−3599Email: [email protected]: 07/25/2018LEAD ATTORNEY

Jamie Mark BrickellPryor Cashman LLP7 Times SquareNew York, NY 10036−6569212 326 0869Fax: 212 326 0806Email: [email protected]: 04/04/2018

Maryaneh Mona SimonianPryor Cashman LLP7 Times SquareNew York, NY 10036−6569(212)421−4100Fax: (212)326−0806Email: [email protected]: 04/04/2018

Randall S. D. JacobsRandall S. D. Jacobs, PLLC5 Hampton Court

mailto:[email protected]





North Caldwell, NJ 07006(973)−226−3301Fax: (973)−226−8897Email: [email protected] TO BE NOTICED

Plaintiff

50/50 Restaurant Corp. represented by David Neal Slarskey(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY

Michael Petros Beys(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY

Alan C TrachtmanNourse & Bowles, LLPOne Exchange PlazaNew York, NY 10006(212)952−6209Fax: (212)952−0345Email: [email protected] TO BE NOTICED

Jamie Mark Brickell(See above for address)TERMINATED: 04/04/2018

Maryaneh Mona Simonian(See above for address)TERMINATED: 04/04/2018

Randall S. D. Jacobs(See above for address)ATTORNEY TO BE NOTICED

Plaintiff

Omer Grgurev represented by Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY




Randall S. D. Jacobs(See above for address)



ATTORNEY TO BE NOTICED

Plaintiff

Ferdo Grgurev represented by David Neal Slarskey(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY




V.

Defendant

Five "M" Corp. represented by Louis Sherman EdererArnold & Porter Kaye Scholer LLP (NYC)250 West 55th StreetNew York, NY 10019212−836−8000Fax: 212−836−8689Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Paul C. LlewellynKaye Scholer, LLP (NYC)425 Park AvenueNew York, NY 10022(212) 836−8000Fax: (212) 836−6463Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Alan C Trachtman(See above for address)TERMINATED: 06/14/2018

Jared Marc LefkowitzLaw Offices of Jared M. Lefkowitz1001 Avenue of the Americas, Suite 1114New York, NY 10018(212)−682−1440Fax: (917) 591−8991Email: [email protected] TO BE NOTICED

Laura M Trachtman




Law Office of Alan C. Trachtman48 Wall StreetNew York, NY 10005917 676 7317Fax: (212)−202−4961Email: [email protected] TO BE NOTICED

Defendant

268 SH Restaurant Corp. represented by Louis Sherman Ederer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Paul C. Llewellyn(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Laura M Trachtman(See above for address)ATTORNEY TO BE NOTICED

Defendant

Delmonico's Distribution LLC represented by Louis Sherman Ederer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Jared Marc Lefkowitz(See above for address)ATTORNEY TO BE NOTICED


Defendant

Milan Licul represented by Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY


Paul C. Llewellyn(See above for address)


LEAD ATTORNEYATTORNEY TO BE NOTICED

Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED



Defendant

Branko Turcinovic represented by Paul C. Llewellyn(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




Defendant

Dennis TurcinovicTERMINATED: 06/21/2016

represented by Jared Marc Lefkowitz(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Alan C Trachtman(See above for address)TERMINATED: 06/08/2016ATTORNEY TO BE NOTICED


Defendant

268 SH Realty Corp. represented by Paul C. Llewellyn(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




Counter Claimant

Milan Licul represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED


Counter Claimant

50/50 Restaurant Corp. represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED




Counter Claimant

Branko Turcinovic represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED


V.

Counter Defendant

Ferdo Grgurev represented by Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY



Maryaneh Mona Simonian(See above for address)

TERMINATED: 04/04/2018

Counter Defendant






Counter Claimant

Dennis TurcinovicTERMINATED: 06/21/2016

represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED


Counter Claimant

268 SH Realty Corp. represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED


Counter Claimant




Counter Claimant

Milan Licul represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED


Counter Claimant




Counter Claimant



Counter Claimant

Five "M" Corp. represented by Louis Sherman Ederer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



V.

Counter Defendant





Counter Defendant






Counter Claimant

268 SH Realty Corp. represented by Alan C Trachtman(See above for address)ATTORNEY TO BE NOTICED



Counter Claimant




Counter Claimant

Milan Licul represented by Joshua Donovan Liston(See above for address)TERMINATED: 07/25/2018LEAD ATTORNEY


Alan C Trachtman

(See above for address)ATTORNEY TO BE NOTICED



Counter Claimant





Counter Claimant




Counter Claimant

Five "M" Corp. represented by Louis Sherman Ederer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




V.

Counter Defendant





Counter Defendant






Date Filed # Docket Text

10/02/2018 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a Conference proceeding held on 9.12.18 has been filed by thecourt reporter/transcriber in the above−captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendar days...(Siwik,Christine) (Entered: 10/02/2018)

10/02/2018 304 TRANSCRIPT of Proceedings re: Conference held on 9/12/2018 before JudgeGregory H. Woods. Court Reporter/Transcriber: Anita Trombetta, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 10/23/2018.Redacted Transcript Deadline set for 11/2/2018. Release of Transcript Restriction setfor 12/31/2018.(Siwik, Christine) (Entered: 10/02/2018)

09/17/2018 303 LETTER addressed to Judge Gregory H. Woods from David Slarskey datedSeptember 17, 2018 re: Representation of Corporate Interests. Document filed by50/50 Restaurant Corp., Ferdo Grgurev, Ocinomled Ltd..(Slarskey, David) (Entered:

https://ecf.nysd.uscourts.gov/doc1/127123325503?caseid=451269&de_seq_num=1068&pdf_header=1&pdf_toggle_possible=1



09/17/2018)

09/16/2018 302 NOTICE OF APPEARANCE by Randall S. D. Jacobs on behalf of 50/50 RestaurantCorp., Omer Grgurev, Ocinomled Ltd.. (Jacobs, Randall) (Entered: 09/16/2018)

09/14/2018 301 ORDER. As discussed during the conference held on September 12, 2018, the Courtexpects that Plaintiffs will seek leave to file an amended complaint adding a claim fordeclaratory judgment and joining the parties previously identified as necessary parties.Plaintiffs are directed to send a proposed amended complaint to the Defendants, alongwith a blackline comparison of the proposed amended complaint to the currentcomplaint, no later than November 2, 2018. No later than November 7, 2019, theparties are directed to submit to the Court a joint letter seeking leave to file theproposed amended complaint, stating the positions of the parties with respect to therequest and attaching as exhibits a clean version of the proposed amended complaintand a blackline showing its modifications to the existing complaint. The Court expectsto act promptly on that letter with the expectation that Plaintiffs will file the amendedcomplaint no later than November 9, 2018. Additionally, as discussed at the statusconference, Plaintiffs are directed to submit a joint letter clarifying how counsel forPlaintiffs expect to manage their joint representation of the corporate plaintiffs. Thatletter shall be submitted no later than one day after the date on which Mr. Jacobs filesa notice of appearance on behalf of the corporate plaintiffs. (HEREBY ORDERED byJudge Gregory H. Woods on September 14, 2018) (Text Only Order)(Woods,Gregory) (Entered: 09/14/2018)

09/12/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: StatusConference held on 9/12/2018. (Court Reporter Anita Trombetta) (Daniels, Anthony)(Entered: 09/13/2018)

09/10/2018 300 MEMO ENDORSEMENT on re: 299 Letter filed by 50/50 Restaurant Corp.,Ocinomled Ltd., Ferdo Grgurev, Omer Grgurev. ENDORSEMENT: Applicationgranted in part. The status conference scheduled for September 11, 2018 at 3:00 p.m.is adjourned to September 12, 2018 at 3:00 p.m. Dkt. No. 295. SO ORDERED. (StatusConference set for 9/12/2018 at 03:00 PM before Judge Gregory H. Woods.) (Signedby Judge Gregory H. Woods on 9/10/2018) (anc) Modified on 9/12/2018 (anc).(Entered: 09/10/2018)

09/09/2018 299 AMENDED LETTER addressed to Judge Gregory H. Woods from Randall S. D.Jacobs dated September 9, 2018 re: Status Conference Conflict. Document filed by50/50 Restaurant Corp., Ferdo Grgurev, Omer Grgurev, Ocinomled Ltd..(Jacobs,Randall) (Entered: 09/09/2018)

09/09/2018 298 LETTER addressed to Judge Gregory H. Woods from Randall S. D. Jacobs datedSeptember 9, 2018 re: Status Conference Conflict. Document filed by 50/50Restaurant Corp., Ferdo Grgurev, Omer Grgurev, Ocinomled Ltd..(Jacobs, Randall)(Entered: 09/09/2018)

09/07/2018 297 LETTER addressed to Judge Gregory H. Woods from David Slarskey datedSeptember 7, 2018 re: Notice of Appearance. Document filed by OcinomledLtd..(Slarskey, David) (Entered: 09/07/2018)

09/07/2018 Mailed a copy of 295 Memo Endorsement, Set Hearings, to Ocinomled Ltd. 56 BeaverStreet New York, NY 10004; Ferdo Grgurev 300 Winston Drive Apartment 1003Cliffside Park, NJ 07010. (aea) (Entered: 09/07/2018)

09/07/2018 296 NOTICE OF APPEARANCE by David Neal Slarskey on behalf of 50/50 RestaurantCorp., Ferdo Grgurev, Ocinomled Ltd.. (Slarskey, David) (Entered: 09/07/2018)

09/07/2018 295 MEMO ENDORSEMENT on re: 294 Letter filed by Omer Grgurev.ENDORSEMENT: The Court will hold a status conference regarding this case onSeptember 11, 2018 at 3:00 p.m. in Courtroom 12C of the United States District Courtfor the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at500 Pearl Street, New York, New York, 10007. Plaintiff Ocinomled Ltd is remindedthat corporations cannot represent themselves pro se. Plaintiff Omer Grgurev isdirected to notify Plaintiff Ferdo Grgurev of this status conference forthwith. TheClerk of Court is directed to mail a copy of this order to Plaintiffs Ferdo Grgurev andOcinomled Ltd. SO ORDERED. (Status Conference set for 9/11/2018 at 03:00 PM inCourtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H.











Woods.) (Signed by Judge Gregory H. Woods on 9/7/2018) (anc) Transmission toDocket Assistant Clerk for processing. (Entered: 09/07/2018)

09/07/2018 Mailed a copy of 292 Memo Endorsement, Ferdo Grgurev 300 Winston DriveApartment 1003 Cliffside Park, NJ 07010 . (aea) Modified on 9/7/2018 (aea).(Entered: 09/07/2018)

09/07/2018 294 LETTER addressed to Judge Gregory H. Woods from Randall S. D. Jacobs, Esq. datedSeptember 7, 2018 re: Notice of Appearance and Second Amended Complaint.Document filed by Omer Grgurev.(Jacobs, Randall) (Entered: 09/07/2018)

09/07/2018 293 NOTICE OF APPEARANCE by Randall S. D. Jacobs on behalf of Omer Grgurev.(Jacobs, Randall) (Entered: 09/07/2018)

09/06/2018 292 MEMO ENDORSEMENT on re: 291 Letter, filed by Ferdo Grgurev.ENDORSEMENT: Application denied. On July 25, 2018, the Court stayed theproceedings in this case for an extended period−through September 7, 2018−in Orderto permit Plaintiffs to retain new counsel. Dkt. No. 285. The Court understands fromthis letter that Plaintiffs have used the period of time to identify potential counsel andthat they are now "deciding which attorney will be best able to represent" them. TheCourt recognizes that this is an important and expensive decision. However, that factwas considered by the Court when it established this extended deadline at Plaintiffs'request. Plaintiffs have not provided adequate justification for a further extension ofthis deadline. To the extent that Plaintiffs are choosing among a number of alternativecounsel who they have identified and who are willing and available to serve, assuggested by their letter, they may wish to make a prompt decision in order to permitthat lawyer to enter a notice of appearance and thus meet the established deadline. TheClerk of Court is directed to mail a copy of this order to Plaintiffs. (Signed by JudgeGregory H. Woods on 9/6/2018) (mro) Transmission to Docket Assistant Clerk forprocessing. (Entered: 09/07/2018)

09/06/2018 291 LETTER addressed to Judge Gregory H. Woods from Ferdo Grgurev, dated 9/6/18 re:Plaintiff Ferdo Grgurev informs the Court that he is very close to establishing newrepresentation but is still deciding which attorney will best be able to represent him;and he requests that the Court grant him an additional two weeks to effectively sort outthe situation and to make up for the time which was lost due to the Labor Day Holiday.Document filed by Ferdo Grgurev.(sc) (Entered: 09/06/2018)

09/05/2018 290 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a conference proceeding held on 7/25/18 has been filed by thecourt reporter/transcriber in the above−captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendardays...(McGuirk, Kelly) (Entered: 09/05/2018)

09/05/2018 289 TRANSCRIPT of Proceedings re: conference held on 7/25/2018 before Judge GregoryH. Woods. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 9/26/2018.Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction setfor 12/4/2018.(McGuirk, Kelly) (Entered: 09/05/2018)

07/30/2018 288 AFFIDAVIT OF SERVICE of Order of July 25, 2018 served on Omer Grgurev andFerdo Grgurev on 07/26/2018. Service was made by MAIL. Document filed by FerdoGrgurev, Omer Grgurev. (Liston, Joshua) (Entered: 07/30/2018)

07/26/2018 287 SEALED DOCUMENT placed in vault.(rz) (Entered: 07/26/2018)

07/26/2018 286 SEALED DOCUMENT placed in vault.(rz) (Entered: 07/26/2018)

07/25/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: StatusConference held on 7/25/2018. (Court Reporter Sonya Moore) (Daniels, Anthony)(Entered: 08/02/2018)

07/25/2018 Terminate Transcript Deadlines (jwh) (Entered: 07/26/2018)










07/25/2018 Case Stayed (jwh) (Entered: 07/26/2018)

07/25/2018 285 ORDER denying 269 Motion to Dismiss; granting 281 Motion to Withdraw asAttorney: For the reasons stated on the record during the conference on July 25, 2018,Beys Liston & Mobargha LLP's motion to withdraw as counsel for Plaintiff is granted.This case is stayed through September 7, 2018 in order to permit Plaintiffs to retainnew counsel. Also for the reasons stated on the record during the conference on July25, 2018, the relief sought by Defendants in their motion to dismiss thetrademark−related claims for Plaintiffs' failure to join indispensable parties is denied.The Court has, nonetheless, found that Ms. Tucci or her heir and Beaver EquitiesGroup, LLC are necessary parties to this litigation. The Court defers ordering theirjoinder until after the expiration of the stay imposed by this order. The Clerk of Courtis directed to terminate the motions pending at Dkt. Nos. 269 and 281 and to removeJoshua Liston and Michael Beys from the list of counsel on the docket. The Clerk ofCourt is further directed to update Plaintiffs' addresses on the docket as follows: OmerGrgurev, 235 Dorincourt Road, Fort Lee, New Jersey 07024, and Ferdo Grgurev, 300Winston Drive, Apartment 1003, Cliffside Park, New Jersey 07010. Mr. Beys isdirected to serve a copy of this order on Plaintiffs and to file proof of service.(Attorney Michael Petros Beys and Joshua Donovan Liston terminated.) (Signed byJudge Gregory H. Woods on 7/25/2018) (jwh) (Entered: 07/26/2018)

07/25/2018 284 ORDER. Plaintiffs' counsel are granted leave to file an ex parte affidavit in support oftheir withdrawal motion. That affidavit should be sent to Chambers via email([email protected]) no later than 12:00 p.m. (noon) on July25, 2018. (HEREBY ORDERED by Judge Gregory H. Woods on July 25, 2018) (TextOnly Order)(Woods, Gregory) (Entered: 07/25/2018)

07/24/2018 283 AFFIRMATION of Michael P. Beys in Support re: 281 MOTION for Beys Liston &Mobargha LLP to Withdraw as Attorney .. Document filed by Ferdo Grgurev, OmerGrgurev. (Beys, Michael) (Entered: 07/24/2018)

07/24/2018 282 MEMORANDUM OF LAW in Support re: 281 MOTION for Beys Liston &Mobargha LLP to Withdraw as Attorney . . Document filed by Ferdo Grgurev, OmerGrgurev. (Beys, Michael) (Entered: 07/24/2018)

07/24/2018 281 MOTION for Beys Liston & Mobargha LLP to Withdraw as Attorney . Documentfiled by Ferdo Grgurev, Omer Grgurev.(Beys, Michael) (Entered: 07/24/2018)

07/23/2018 280 MEMO ENDORSEMENT on re: 279 Letter filed by Ferdo Grgurev, Omer Grgurev.ENDORSEMENT: Counsel's application for an ex parte conference with the Court isdenied without prejudice. Counsel is directed to file an affidavit and memorandum oflaw in accordance with Local Civil Rule 1.4 explaining the basis for counsel'swithdrawal request in terms that counsel believes to be appropriate for filing on thepublic docket. In the event the Court determines that it needs additional information toevaluate the withdrawal request, the Court may solicit ex parte filings from counsel.The Court expects to address the withdrawal request during the conference currentlyscheduled for July 25, 2018. Therefore, counsel's Local Rule 1.4 affidavit andmemorandum are due no later than July 24, 2018. Both individual Plaintiffs aredirected to personally appear for the July 25 conference. (Signed by Judge Gregory H.Woods on 7/23/2018) (mro) (Entered: 07/24/2018)

07/23/2018 279 LETTER addressed to Judge Gregory H. Woods from Michael P. Beys dated July 23,2018 re: Application To Withdraw As Counsel. Document filed by Ferdo Grgurev,Omer Grgurev.(Beys, Michael) (Entered: 07/23/2018)

07/20/2018 278 REPLY MEMORANDUM OF LAW in Support re: 269 MOTION to Dismiss AllTrademark−Related Claims. . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic, Dennis Turcinovic. (Llewellyn, Paul) (Entered: 07/20/2018)

07/17/2018 277 AFFIRMATION of Joshua D. Liston in Opposition re: 269 MOTION to Dismiss AllTrademark−Related Claims.. Document filed by Ferdo Grgurev, Omer Grgurev.(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, #6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Liston, Joshua) (Entered: 07/17/2018)

07/17/2018 276 MEMORANDUM OF LAW in Opposition re: 269 MOTION to Dismiss AllTrademark−Related Claims. . Document filed by Ferdo Grgurev, Omer Grgurev.(Liston, Joshua) (Entered: 07/17/2018)


























07/16/2018 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a telephone Conference proceeding held on 6/26/18 has been filedby the court reporter/transcriber in the above−captioned matter. The parties have seven(7) calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendar days...(Siwik,Christine) (Entered: 07/16/2018)

07/16/2018 274 TRANSCRIPT of Proceedings re: telephone Conference held on 6/26/2018 beforeJudge Gregory H. Woods. Court Reporter/Transcriber: Thomas Murray, (212)805−0300. Transcript may be viewed at the court public terminal or purchased throughthe Court Reporter/Transcriber before the deadline for Release of TranscriptRestriction. After that date it may be obtained through PACER. Redaction Request due8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of TranscriptRestriction set for 10/15/2018.(Siwik, Christine) (Entered: 07/16/2018)

07/12/2018 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: SettlementConference held on 7/12/2018. (Snell, Kevin) (Entered: 07/13/2018)

07/11/2018 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a conference proceeding held on 6/28/18 has been filed by thecourt reporter/transcriber in the above−captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendardays...(McGuirk, Kelly) (Entered: 07/11/2018)

07/11/2018 272 TRANSCRIPT of Proceedings re: conference held on 6/28/2018 before Judge GregoryH. Woods. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300. Transcript maybe viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 8/1/2018.Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction setfor 10/9/2018.(McGuirk, Kelly) (Entered: 07/11/2018)

07/10/2018 271 DECLARATION of Alan C. Trachtman in Support re: 269 MOTION to Dismiss AllTrademark−Related Claims.. Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic, Dennis Turcinovic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit8)(Llewellyn, Paul) (Entered: 07/10/2018)

07/10/2018 270 MEMORANDUM OF LAW in Support re: 269 MOTION to Dismiss AllTrademark−Related Claims. . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic, Dennis Turcinovic. (Llewellyn, Paul) (Entered: 07/10/2018)

07/10/2018 269 MOTION to Dismiss All Trademark−Related Claims. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic. Return Date set for7/25/2018 at 01:00 PM.(Llewellyn, Paul) (Entered: 07/10/2018)

07/06/2018 268 MEMO ENDORSEMENT on re: 266 Letter filed by Ferdo Grgurev, Omer Grgurev.ENDORSEMENT: Application DENIED. The Court is not available for a settlementconference on July 19, 2018 or any other day that week. Plaintiffs shall submit theirconfidential settlement letter no later than Monday, July 9, 2018. (Signed byMagistrate Judge Barbara C. Moses on 7/6/2018) (cf) (Entered: 07/06/2018)

07/05/2018 267 LETTER addressed to Magistrate Judge Barbara C. Moses from Jared Lefkowitz datedJuly 5, 2018 re: Plaintiffs' request for adjournment of mediation. Document filed by268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five"M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Lefkowitz, Jared)(Entered: 07/05/2018)

07/05/2018 266 LETTER addressed to Magistrate Judge Barbara C. Moses from Michael P. Beysdated July 5, 2018 re: Adjournment of Settlement Conference. Document filed byFerdo Grgurev, Omer Grgurev.(Beys, Michael) (Entered: 07/05/2018)






















07/03/2018 265 ORDER SCHEDULING SETTLEMENT CONFERENCE: A continued settlementconference is scheduled before Magistrate Judge Barbara Moses on Thursday, July 12,2018, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (Asfurther set forth in this Order.) (Settlement Conference set for 7/12/2018 at 02:15 PMin Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate JudgeBarbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 7/3/2018) (cf)(Entered: 07/03/2018)

06/29/2018 264 ORDER. The Court understands that Judge Moses is available on July 12, 2018 toconduct a settlement conference with the parties. Judge Moses will issue a separateorder scheduling the conference. Given the adjournment of the trial, which otherwisewould have been taking place on that date, the Court expects that all parties andcounsel will appear as directed by Judge Moses. The Court hopes that the parties willtake advantage of this opportunity to work diligently and in good faith to resolve thismatter. (HEREBY ORDERED by Judge Gregory H. Woods on June 29, 2018) (TextOnly Order)(Woods, Gregory) (Entered: 06/29/2018)

06/28/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: Final PretrialConference held on 6/28/2018. (Court Reporter Eve Giniger) (Daniels, Anthony)(Entered: 07/11/2018)

06/28/2018 263 ORDER. For the reasons stated on the record during the conference on June 28, 2018,Plaintiffs' Rule 37(c) motion to exclude the License Agreement is denied. Defendants'Rule 19 motion is due no later than July 10, 2018. Plaintiffs' opposition to that motionis due no later than one week after service of the motion. Defendants' reply, if any, isdue no later than three business days after service of the opposition. The Court willhold a status conference on July 25, 2018 at 1:00 p.m. in Courtroom 12C of the UnitedStates District Court for the Southern District of New York, Daniel Patrick MoynihanU.S. Courthouse, 500 Pearl Street, New York, New York 10007. (HEREBYORDERED by Judge Gregory H. Woods on June 28, 2018) (Text Only Order)(Woods,Gregory) (Entered: 06/28/2018)

06/28/2018 262 ORDER granting 217 Letter Motion for Leave to File Document. For the reasonsstated on the record during the conference on June 28, 2018, Plaintiffs' motion toamend the complaint to add additional requests for relief is granted. Plaintiffs' motionin the alternative to add a cause of action under section 716 of New York's BusinessCorporation Law is denied. (HEREBY ORDERED by Judge Gregory H. Woods)(TextOnly Order) (Woods, Gregory) (Entered: 06/28/2018)

06/28/2018 261 ORDER withdrawing 204 Motion in Limine; withdrawing 207 Motion in Limine.Trialin this matter, scheduled to begin on July 9, 2018, is adjourned sine die. The parties'respective motions in limine are withdrawn without prejudice. If appropriate, theparties may resubmit those motions as currently briefed upon the scheduling of a newtrial date. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos.204, 207. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/28/2018) (anc)(Entered: 06/28/2018)

06/27/2018 260 ORDER granting 259 Letter Motion for Conference. Application granted. The Courtwill discuss Defendants' proposed Rule 19 motion to dismiss the trademark claimsduring the final pretrial conference scheduled for June 28, 2018. (Signed by JudgeGregory H. Woods on 6/27/2018) (mro) (Entered: 06/27/2018)

06/27/2018 259 LETTER MOTION for Conference (requesting pre−motion conference) addressed toJudge Gregory H. Woods from Paul C. Llewellyn dated June 27, 2018. Document filedby 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC,Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic. (Attachments: #1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Llewellyn, Paul) (Entered:06/27/2018)

06/27/2018 258 AFFIDAVIT of Milan Licul in Opposition re: 251 LETTER MOTION to AdjournConference addressed to Judge Gregory H. Woods from Jared Lefkowitz dated June24, 2018.. Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic,Dennis Turcinovic. (Lefkowitz, Jared) (Entered: 06/27/2018)

06/27/2018 257 AFFIRMATION of Alan Trachtman in Opposition re: 251 LETTER MOTION toAdjourn Conference addressed to Judge Gregory H. Woods from Jared Lefkowitz

















dated June 24, 2018.. Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. (Attachments: # 1 Exhibit)(Lefkowitz, Jared) (Entered:06/27/2018)

06/27/2018 256 AFFIRMATION of Jared Lefkowitz in Opposition re: 251 LETTER MOTION toAdjourn Conference addressed to Judge Gregory H. Woods from Jared Lefkowitzdated June 24, 2018.. Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. (Attachments: # 1 Exhibit)(Lefkowitz, Jared) (Entered:06/27/2018)

06/27/2018 255 OPPOSITION BRIEF re: 254 Affirmation, 253 Memorandum of Law . Documentfiled by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's DistributionLLC, Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Lefkowitz,Jared) (Entered: 06/27/2018)

06/26/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 6/26/2018. (Court Reporter Tom Murray) (Daniels, Anthony)(Entered: 06/27/2018)

06/25/2018 254 AFFIRMATION of Joshua D. Liston re: 249 Order,, . Document filed by FerdoGrgurev, Omer Grgurev. (Attachments: # 1 Email, # 2 Application, # 3 TTABDecision, # 4 Affirmance, # 5 Interrogatories, # 6 Testimony, # 7 Answer, # 8Testimony, # 9 Document Requests)(Liston, Joshua) (Entered: 06/25/2018)

06/25/2018 253 MEMORANDUM OF LAW re: 249 Order,, . Document filed by Ferdo Grgurev,Omer Grgurev. (Liston, Joshua) (Entered: 06/25/2018)

06/25/2018 252 ORDER granting 251 Letter Motion to Adjourn Conference. Application granted. Thefinal pretrial conference scheduled for June 28, 2018 will commence at 12:00 p.m.Final Pretrial Conference set for 6/28/2018 at 12:00 PM before Judge Gregory H.Woods. (Signed by Judge Gregory H. Woods on 6/25/2018) (mro) (Entered:06/25/2018)

06/24/2018 251 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woodsfrom Jared Lefkowitz dated June 24, 2018. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 06/24/2018)

06/22/2018 250 ORDER. In light of the number of issues that the Court will be addressing during thefinal pretrial conference on June 28, 2018, that conference will begin at 10:30 a.m.rather than 4:00 p.m. The Court will also hold a telephone conference on June 26,2018 at 11:00 a.m. to discuss the issues raised in the Court's June 21, 2018 order (Dkt.No. 249). In addition to those issues, the parties should be prepared to discussPlaintiffs' standing to bring their derivative unjust enrichment claim given that,according to the License Agreement, Ocinomled does not own the Delmonico's markand the license for the mark's use is limited to use in a single location. The partiesshould also be prepared to discuss the damages that Plaintiffs may lawfully seek, andthe evidence of damages that may be introduced at trial, given that the LicenseAgreement restricts use of the mark to a single location and does not purport totransfer any ownership or franchising rights. (Signed by Judge Gregory H. Woods onJune 22, 2018) (Woods, Gregory) (Entered: 06/22/2018)

06/21/2018 249 ORDER: The Court has reviewed the License Agreement submitted by Defendants inopposition to Plaintiffs' motion in limine, Dkt. No. 212−4. While Plaintiffs have citedto some of these cases in their reply, they have not adequately briefed their standing tobring the dilution claim in light of the clear language of the License Agreement.Plaintiffs are accordingly directed to file a memorandum of law that specificallyaddresses the case precedent referenced in this order, in addition to any other authoritythat supports their position. That briefing is due no later than June 25, 2018. (Asfurther set forth in this Order.) (Signed by Judge Gregory H. Woods on 6/21/2018) (cf)(Entered: 06/21/2018)

06/18/2018 248 NOTICE OF APPEARANCE by Paul C. Llewellyn on behalf of 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp.. (Llewellyn, Paul) (Entered:06/18/2018)


























06/18/2018 247 NOTICE OF APPEARANCE by Louis Sherman Ederer on behalf of 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp.. (Ederer, Louis)(Entered: 06/18/2018)

06/14/2018 246 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, byand between the undersigned counsel for all parties that: 1. Plaintiffs do not oppose theLetter Motion of Defendants Five "M" Corp., 268 SH Restaurant Corp, andDelmonico's Distribution LLC to substitute counsel (the "Letter Motion") (Dkt. No.243). 2. Arnold & Porter Kaye Scholer LLP ("A&P") agrees that it will maintain allscreening procedures set forth in the Letter Motion through the conclusion of thismatter. 3. A&P agrees to inform Plaintiffs of any breaches of or non−compliance with,those screening procedures. 4. A&P and Defendants agree that they will not oppose ontimeliness grounds any disqualification motion that arises if (a) the representations inthe Letter Motion are incorrect; or (b) any breaches of, or non−compliance with, thescreening procedures occur. 5. Plaintiffs do not concede that A&P has complied withthe New York Rules of Professional Conduct (the "Rules"). 6. A&P does not concedethat there has been any breach of the Rules. 7. A&P is aware of, and will abide by, theStipulation and Order dated December 14, 2017, precluding the use of funds ofNominal Plaintiff Ocinomled, Ltd. for legal fees and expenses. 8. Nothing in thisStipulation is intended to limit the Court's inherent authority regarding thedisqualification of attorneys. 9. All parties consent to this Stipulation to be submittedto the Court to be "So Ordered." The Court endorses the parties' stipulation tosubstitute counsel. The law firm of Arnold & Porter is substituted as counsel fordefendants Five "M" Corp., Delmonico's Distribution LLC, and 268 SH RestaurantCorp. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 243and to remove Alan Trachtman as counsel for Five "M" Corp., Delmonico'sDistribution LLC, and 268 SH Restaurant Corp. Counsel from Arnold & Porter isdirected to file a notice of appearance on behalf of those defendants promptly.Attorney Alan C Trachtman terminated. (Signed by Judge Gregory H. Woods on6/14/2018) (mro) (Entered: 06/15/2018)

06/14/2018 245 LETTER addressed to Judge Gregory H. Woods from Joshua D. Liston dated June 14,2018 re: Stipulation and [Proposed] Order. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 06/14/2018)

06/08/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 6/8/2018. (Daniels, Anthony) (Entered: 06/19/2018)

06/08/2018 244 ORDER. As stated on the record during the telephone conference on June 8, 2018, theCourt will treat Plaintiffs' opposition to the corporate Defendants' proposedsubstitution of counsel as a motion to disqualify Arnold & Porter from representingthose Defendants. Plaintiffs' briefing in connection with their request to disqualifyArnold & Porter is due no later than June 14, 2018. Defendants' opposition is due nolater than one week after service of the briefing. Plaintiffs' reply, if any, is due no laterthan three days after service of the opposition. (HEREBY ORDERED by JudgeGregory H. Woods on June 8, 2018) (Text Only Order)(Woods, Gregory) (Entered:06/08/2018)

06/08/2018 243 LETTER MOTION to Substitute Attorney. Old Attorney: Alan C. Trachtman, NewAttorney: Arnold & Porter addressed to Judge Gregory H. Woods from Alan C.Trachtman dated June 8, 2018. Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic.(Trachtman, Laura) (Entered: 06/08/2018)

06/06/2018 242 ANSWER to 228 Counterclaim. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 06/06/2018)

05/31/2018 241 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a conference proceeding held on 5/1/18 has been filed by the courtreporter/transcriber in the above−captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. Ifno such Notice is filed, the transcript may be made remotely electronically available tothe public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered:05/31/2018)

05/31/2018 240 TRANSCRIPT of Proceedings re: conference held on 5/1/2018 before Judge GregoryH. Woods. Court Reporter/Transcriber: Martha Martin, (212) 805−0300. Transcript









may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 6/21/2018.Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction setfor 8/29/2018.(McGuirk, Kelly) (Entered: 05/31/2018)

05/31/2018 239 MEMO ENDORSEMENT on re: 238 Letter filed by Ferdo Grgurev, Omer Grgurev.ENDORSEMENT: Application granted in part. The Court will review the anticipatedexhibits in its preparation for the June 28, 2018 final pretrial conference. Accordingly,the deadline for submission of the parties' documentary trial exhibits is extended toJune 13, 2018, but no later. SO ORDERED. (Signed by Judge Gregory H. Woods on5/30/2018) (anc) (Entered: 05/31/2018)

05/30/2018 238 JOINT LETTER addressed to Judge Gregory H. Woods from Michael P. Beys datedMay 30, 2018 re: Documentary Exhibits. Document filed by Ferdo Grgurev, OmerGrgurev.(Beys, Michael) (Entered: 05/30/2018)

05/29/2018 237 REPLY AFFIRMATION of Joshua D. Liston in Support re: 217 MOTION for Leaveto File Second Amended Complaint .. Document filed by Ferdo Grgurev, OmerGrgurev. (Attachments: # 1 Exhibit Excerpt of May 1, 2018 ConferenceTranscript)(Liston, Joshua) (Entered: 05/29/2018)

05/29/2018 236 REPLY MEMORANDUM OF LAW in Support re: 217 MOTION for Leave to FileSecond Amended Complaint . . Document filed by Ferdo Grgurev, Omer Grgurev.(Liston, Joshua) (Entered: 05/29/2018)

05/25/2018 235 ORDER. The Court has received the parties' courtesy copies of their motions inlimine. Plaintiffs have submitted copies of their moving papers, but have not submittedthe opposition and reply papers. Plaintiffs are directed to submit complete courtesycopies of their motions in limine in accordance with Rule 3(B) of the Court'sIndividual Rules of Practice in Civil Cases. Additionally, the Court has not receivedthe required courtesy copies of the parties' trial submissions. The parties are directed tosubmit those courtesy copies in accordance with the Court's Individual Rule 5(E).(HEREBY ORDERED by Judge Gregory H. Woods on May 25, 2018) (Text OnlyOrder)(Woods, Gregory) (Entered: 05/25/2018)

05/23/2018 234 MEMORANDUM OF LAW in Opposition re: 217 MOTION for Leave to File SecondAmended Complaint . . Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. (Trachtman, Laura) (Entered: 05/23/2018)

05/18/2018 233 REQUEST FOR VOIR DIRE. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 05/18/2018)

05/18/2018 232 PROPOSED JURY INSTRUCTIONS. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 05/18/2018)

05/18/2018 231 PROPOSED VOIR DIRE QUESTIONS. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 05/18/2018)

05/18/2018 230 REQUEST TO CHARGE. Document filed by Ferdo Grgurev, Omer Grgurev.(Liston,Joshua) (Entered: 05/18/2018)

05/18/2018 229 JOINT PRELIMINARY TRIAL REPORT. Document filed by Ferdo Grgurev, OmerGrgurev. (Attachments: # 1 Exhibit A: Plaintiffs' Witness List, # 2 Exhibit B:Defendants' Witness List, # 3 Exhibit C: Plaintiffs' Deposition Designations, # 4Exhibit D: Defendants' Deposition Designations, # 5 Exhibit E: Plaintiffs' Exhibit List,# 6 Exhibit F: Defendants' Exhibit List)(Liston, Joshua) (Entered: 05/18/2018)

05/16/2018 228 ANSWER to 26 Amended Complaint,, with JURY DEMAND., COUNTERCLAIMagainst Ferdo Grgurev, Omer Grgurev. Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Milan Licul, Delmonico's Distribution LLC, Branko Turcinovic,Five "M" Corp..(Trachtman, Laura) (Entered: 05/16/2018)

05/16/2018 227 ANSWER to 26 Amended Complaint,, with JURY DEMAND. Document filed byDennis Turcinovic.(Lefkowitz, Jared) (Entered: 05/16/2018)


























05/16/2018 226 ORDER. As stated on the record during the telephone conference on May 15, 2018,Defendants' answer to the amended complaint is due no later than close of business onMay 16, 2018. For the reasons stated during the May 15 conference, the deadline forthe parties' trial submissions is extended to May 18, 2018. (HEREBY ORDERED byJudge Gregory H. Woods on May 16, 2018) (Text Only Order)(Woods, Gregory)(Entered: 05/16/2018)

05/15/2018 225 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a hearing proceeding held on 2/15/18 has been filed by the courtreporter/transcriber in the above−captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. Ifno such Notice is filed, the transcript may be made remotely electronically available tothe public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered:05/15/2018)

05/15/2018 224 TRANSCRIPT of Proceedings re: hearing held on 2/15/2018 before Judge Gregory H.Woods. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300. Transcript may beviewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 6/5/2018.Redacted Transcript Deadline set for 6/15/2018. Release of Transcript Restriction setfor 8/13/2018.(McGuirk, Kelly) (Entered: 05/15/2018)

05/15/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 5/15/2018. (Court Reporter Raquel Robles) (Daniels, Anthony)(Entered: 05/15/2018)

05/15/2018 223 ORDER granting 222 Letter Motion for Conference. Application granted. The Courtwill hold a telephone conference on May 15, 2018 at 4:00 p.m. The parties are directedto jointly call Chambers (212−805−0296) at that time with all parties on the line. SOORDERED Telephone Conference set for 5/15/2018 at 04:00 PM before JudgeGregory H. Woods. (Signed by Judge Gregory H. Woods on 5/15/2018) (rj) Modifiedon 5/18/2018 (rj). (Entered: 05/15/2018)

05/15/2018 222 JOINT LETTER MOTION for Conference and Extension of Time addressed to JudgeGregory H. Woods from Joshua D. Liston dated May 15, 2018. Document filed byFerdo Grgurev, Omer Grgurev.(Liston, Joshua) (Entered: 05/15/2018)

05/11/2018 221 REPLY MEMORANDUM OF LAW in Support re: 204 MOTION in Limine . .Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic. (Trachtman,Laura) (Entered: 05/11/2018)

05/11/2018 220 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU (SEE221 Reply Memorandum) − REPLY AFFIRMATION of Alan C. Trachtman inSupport re: 204 MOTION in Limine .. Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Trachtman, Laura) Modified on 5/14/2018 (db). (Entered:05/11/2018)

05/09/2018 219 AFFIRMATION of Joshua D. Liston in Support re: 217 MOTION for Leave to FileSecond Amended Complaint .. Document filed by Ferdo Grgurev, Omer Grgurev.(Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Redlineof Amended Complaint)(Liston, Joshua) (Entered: 05/09/2018)

05/09/2018 218 MEMORANDUM OF LAW in Support re: 217 MOTION for Leave to File SecondAmended Complaint . . Document filed by Ferdo Grgurev, Omer Grgurev. (Liston,Joshua) (Entered: 05/09/2018)

05/09/2018 217 MOTION for Leave to File Second Amended Complaint . Document filed by FerdoGrgurev, Omer Grgurev.(Liston, Joshua) (Entered: 05/09/2018)

05/07/2018 216 AFFIRMATION of Joshua D. Liston in Opposition re: 204 MOTION in Limine ..Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit1)(Liston, Joshua) (Entered: 05/07/2018)

05/07/2018 215 MEMORANDUM OF LAW in Opposition re: 204 MOTION in Limine . . Documentfiled by Ferdo Grgurev, Omer Grgurev. (Liston, Joshua) (Entered: 05/07/2018)























05/07/2018 214 REPLY MEMORANDUM OF LAW in Support re: 207 MOTION in Limine . .Document filed by Ferdo Grgurev, Omer Grgurev. (Liston, Joshua) (Entered:05/07/2018)

05/02/2018 213 MEMORANDUM OF LAW in Opposition re: 207 MOTION in Limine . . Documentfiled by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's DistributionLLC, Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Lefkowitz, Jared) (Entered: 05/02/2018)

05/02/2018 212 DECLARATION of Alan Trachtman in Opposition re: 207 MOTION in Limine ..Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic, DennisTurcinovic. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, #5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lefkowitz, Jared) (Entered: 05/02/2018)

05/01/2018 211 ORDER granting 210 Letter Motion for Leave to File Document. As stated on therecord during the status conference on May 1, 2018, Plaintiffs' application for leave tofile a motion to amend the complaint to add a prayer for additional relief is granted.That motion is due no later than May 9, 2018. Defendants' opposition is due no laterthan May 23, 2018. Plaintiffs' reply, if any, is due no later than May 29, 2018.(HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods,Gregory) (Entered: 05/01/2018)

05/01/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: StatusConference held on 5/1/2018. (Daniels, Anthony) (Entered: 05/01/2018)

04/30/2018 210 LETTER MOTION for Leave to File Motion to Add Additional Relief addressed toJudge Gregory H. Woods from Joshua D. Liston dated April 30, 2018. Document filedby Ferdo Grgurev, Omer Grgurev.(Liston, Joshua) (Entered: 04/30/2018)

04/30/2018 209 AFFIRMATION of Joshua D. Liston in Support re: 207 MOTION in Limine ..Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Liston, Joshua) (Entered:04/30/2018)

04/30/2018 208 MEMORANDUM OF LAW in Support re: 207 MOTION in Limine . . Documentfiled by Ferdo Grgurev, Omer Grgurev. (Liston, Joshua) (Entered: 04/30/2018)

04/30/2018 207 MOTION in Limine . Document filed by Ferdo Grgurev, Omer Grgurev.(Liston,Joshua) (Entered: 04/30/2018)

04/30/2018 206 MEMORANDUM OF LAW in Support re: 204 MOTION in Limine . . Documentfiled by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's DistributionLLC, Five "M" Corp., Milan Licul, Branko Turcinovic. (Lefkowitz, Jared) (Entered:04/30/2018)

04/30/2018 205 DECLARATION of Alan Trachtman in Support re: 204 MOTION in Limine ..Document filed by 268 SH Realty Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic. (Attachments: # 1 Exhibit A)(Lefkowitz,Jared) (Entered: 04/30/2018)

04/30/2018 204 MOTION in Limine . Document filed by 268 SH Realty Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic.(Lefkowitz, Jared)(Entered: 04/30/2018)

04/27/2018 202 LETTER addressed to Judge Gregory H. Woods from Joshua D. Liston dated April 26,2018 re: Update to Request for Extension. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 04/27/2018)

04/26/2018 203 MEMO ENDORSEMENT on re: 201 Letter filed by Ferdo Grgurev, Omer Grgurev.ENDORSEMENT: Application granted in part and denied in part. Any motions inlimine must be filed no later than the current deadline for submission of pretrialmaterials, i.e., no later than April 30, 2018. The deadline for submission of theremainder of the pretrial materials described in the Court's December 1, 2017 order,including the joint pretrial order, proposed jury instructions, and proposed voir direquestions, is extended to May 16, 2018. The Court will hold a status conference todiscuss the Court's particular requirements for those materials on May 1, 2018 at 10:00









































a.m. in Courtroom 12C of the United States District Court for the Southern District ofNew York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York,New York 10007. ( Motions due by 4/30/2018., Pretrial Order due by 5/16/2018.,Status Conference set for 5/1/2018 at 10:00 AM in Courtroom 12C, 500 Pearl Street,New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H.Woods on 4/26/2018) (mro) (Entered: 04/27/2018)

04/26/2018 201 LETTER addressed to Judge Gregory H. Woods from Joshua D. Liston dated April 26,2018 re: Request for Extension of Time. Document filed by Ferdo Grgurev, OmerGrgurev.(Liston, Joshua) (Entered: 04/26/2018)

04/04/2018 200 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBYSTIPULATED AND AGREED, by and between the undersigned and pursuant toLocal Civil Rule 1.4, that the law firm of Beys Liston & Mobargha LLP hereby issubstituted in the place of the law firm of Pryor Cashman LLP ("Pryor Cashman") ascounsel of record for Plaintiffs Ferdo Grgurev and Omer Grgurev (the "Grgurevs") inthe above−captioned action. Pryor Cashman asserts a charging lien, but not a retaininglien. Pryor Cashman and the Grgurevs have agreed to a means to resolve the charginglien without motion practice in this action. A supporting declaration is attached heretopursuant to Local Civil Rule 1.4. The parties have stipulated to the substitution ofcounsel for Plaintiffs Ferdo and Omer Grgurev. The law firm of Pryor Cashman LLPis granted leave to withdraw as counsel for Plaintiffs, and the law firm of Beys Liston& Mobargha LLP is substituted in as counsel for Plaintiffs. The Clerk of Court isdirected to remove Jamie Brickell and Maryaneh Simonian from the list of counsel inthis case and to add Michael Beys and Joshua Liston as counsel for Plaintiffs. SOORDERED., Attorney Joshua Donovan Liston,Michael Petros Beys for 50/50Restaurant Corp.,Joshua Donovan Liston,Michael Petros Beys for FerdoGrgurev,Joshua Donovan Liston,Michael Petros Beys for Omer Grgurev,JoshuaDonovan Liston,Michael Petros Beys for Ocinomled Ltd. added. Attorney Jamie MarkBrickell terminated. (Signed by Judge Gregory H. Woods on 4/4/2018) (rj) (Entered:04/04/2018)

04/02/2018 199 ORDER. The Court has received the stipulation of substitution of counsel submittedby Joshua Liston, newly retained counsel for Plaintiffs Ferdo and Omer Grgurev. TheCourt declines to enter that stipulation because it does not fully comply with LocalCivil Rule 1.4. Under Local Civil Rule 1.4, such a stipulation must be signed bycounsel, the counsel's client, and all other parties to the litigation. The local rule alsorequires that withdrawing counsel state whether they are asserting a retaining orcharging lien. As an alternative to the stipulation of substitution of counsel, currentcounsel may move for leave to withdraw. Any such motion must comply fully with therequirements of Local Civil Rule 1.4. (HEREBY ORDERED by Judge Gregory H.Woods on April 2, 2018) (Text Only Order)(Woods, Gregory) (Entered: 04/02/2018)

03/08/2018 198 ORDER. For the reasons stated on the record following the Daubert hearing onFebruary 15, 2018, Defendants' motion for sanctions is denied in part. Defendants'request for the dismissal of the amended complaint is denied. The Court reserves itsfull ruling on the motion for a date following the trial of this action. (HEREBYORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)(Entered: 03/08/2018)

03/08/2018 197 ORDER. For the reasons stated on the record following the Daubert hearing onFebruary 15, 2018, Defendant's motion for sanctions is denied in part. Defendant'srequest for the dismissal of the claims alleged against Defendant Turcinovic in theamended complaint is denied. The Court reserves its full ruling on the motion for adate following the trial of this action. (HEREBY ORDERED by Judge Gregory H.Woods)(Text Only Order) (Woods, Gregory) (Entered: 03/08/2018)

02/20/2018 196 ORDER. As stated on the record following the Daubert hearing on February 15, 2018,the deadline for submission of the pretrial materials described in the Court's December1, 2017 order (Dkt. No. 187) is extended to April 30, 2018. (HEREBY ORDERED byJudge Gregory H. Woods on February 20, 2018) (Text Only Order)(Woods, Gregory)(Entered: 02/20/2018)

02/16/2018 195 ORDER granting in part and denying in part 155 Motion to Disqualify. For the reasonsstated on the record during the Daubert hearing on February 15, 2018, Defendants'motion to disqualify Plaintiff's expert witness, Robb Arent, is granted in part and




denied in part. The Court finds that Arent is qualified to provide expert testimony attrial in this matter. Arents testimony regarding valuation of Plaintiffs missed salariesand distributions is admissible. His testimony involving his synthesis of thepoint−of−sale ("POS") system data and his examination of check ledgers and otherpayments and invoices is admissible. Arent's testimony regarding the valuation oflicensing fees and the business valuation of Ocinomled Ltd. is also admissible. Arent isnot permitted to opine at trial on any inferences to be drawn from the POS entries or tooffer any conclusion that the data is indicative of fraud or misappropriation. Nor isArent permitted to opine on any inferences to be drawn in connection with the checksand other payments made with Ocinomled funds. (HEREBY ORDERED by JudgeGregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 02/16/2018)

02/15/2018 Minute Entry for proceedings held before Judge Gregory H. Woods: Daubert Hearingheld on 2/15/2018. (Court Reporter Eve Giniger) (Daniels, Anthony) (Entered:02/16/2018)

02/02/2018 194 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woodsfrom Jared M. Lefkowitz dated 2/2/18 re: 192 LETTER MOTION for Conference ForLeave to File Motion for Contempt addressed to Judge Gregory H. Woods from JamieM. Brickell dated 2−2−18. . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic, Dennis Turcinovic. (Lefkowitz, Jared) (Entered: 02/02/2018)

02/02/2018 Set/Reset Deadlines: Responses due by 2/7/2018. (anc) (Entered: 02/02/2018)

02/02/2018 193 ORDER granting 192 Letter Motion for Conference. Application granted. The Courtwill address Plaintiffs' request to hold Defendants in contempt at the February 15,2018 Daubert hearing. Any response by Defendants to Plaintiffs' request should befiled no later than February 7, 2018. SO ORDERED. (Signed by Judge Gregory H.Woods on 2/2/2018) (anc) (Entered: 02/02/2018)

02/02/2018 192 LETTER MOTION for Conference For Leave to File Motion for Contempt addressedto Judge Gregory H. Woods from Jamie M. Brickell dated 2−2−18. Document filed by50/50 Restaurant Corp., Ferdo Grgurev, Omer Grgurev, Ocinomled Ltd..(Brickell,Jamie) (Entered: 02/02/2018)

01/10/2018 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 11/16/17 has been filed bythe court reporter/transcriber in the above−captioned matter. The parties have seven(7) calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendardays...(McGuirk, Kelly) (Entered: 01/10/2018)

01/10/2018 190 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/16/2017 before JudgeGregory H. Woods. Court Reporter/Transcriber: Tara Jones, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 1/31/2018.Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction setfor 4/10/2018.(McGuirk, Kelly) (Entered: 01/10/2018)

12/19/2017 189 ORDER. The Court has reviewed the parties' submissions in connection withDefendants' motion to disqualify Plaintiffs' expert, Dkt. No. 155. The Court will holdan evidentiary hearing on that motion on February 15, 2018 at 9:30 a.m. The Courtexpects to set aside three hours for testimony and arguments, and the parties should beprepared to complete their examinations of the Plaintiffs' expert and arguments withinthat time frame. (Signed by Judge Gregory H. Woods on December 19, 2017) (Woods,Gregory) (Entered: 12/19/2017)

12/14/2017 188 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED byand between the undersigned counsel for the above captioned parties as follows:Defendants shall not use or cause to be used any funds belonging to Ocinomled Ltd.("Ocinomled") to pay for legal fees or expenses incurred in connection with theabove−captioned action (the "Action") by any Defendant. Defendants shall not use orcause to be used any funds belonging to Ocinomled to reimburse any person or entityfor legal fees or expenses incurred in this Action by any Defendant. By January 31,









2018, Defendants shall return to Ocinomled any and all Ocinomled funds previouslyused to pay any Defendant's counsel for legal fees or expenses incurred by anyDefendant in this Action; and as further set forth herein. SO ORDERED. (Signed byJudge Gregory H. Woods on 12/14/2017) (anc) Modified on 12/20/2017 (anc).(Entered: 12/14/2017)


12/01/2017 187 ORDER: A jury trial in this matter will begin on Monday, July 9, 2018 at 9:00 a.m.The Court will hold a final pretrial conference in this case on Thursday, June 28, 2018at 4:00 p.m. Both the final pretrial conference and the jury trial will be held inCourtroom 12C of the United States District Court for the Southern District of NewYork, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NewYork. The parties are directed to submit the following materials by March 16, 2018:(1) the joint pretrial order and other submissions permitted or required under Rule 5 ofthe Court's Individual Rules of Practice in Civil Cases, (2) a proposed brief, mutuallyacceptable description of the case, to be read to the venire, and (3) a proposed brief,mutually acceptable overview of the applicable law, to be read to the jury as part of theCourt's initial instructions prior to opening statements. SO ORDERED. (Pretrial Orderdue by 3/16/2018. Final Pretrial Conference set for 6/28/2018 at 04:00 PM inCourtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H.Woods. Jury Trial set for 7/9/2018 at 09:00 AM in Courtroom 12C, 500 Pearl Street,New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H.Woods on 12/1/2017) (anc) (Entered: 12/01/2017)

12/01/2017 186 ORDER denying 171 Motion for Partial Summary Judgment. For the reasons stated onthe record during the conference on November 16, 2017, Defendants' motion forpartial summary judgment is denied. The Court will schedule this matter for trial byseparate order. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order)(Woods, Gregory) (Entered: 12/01/2017)

11/28/2017 Set/Reset Hearings: Telephone Conference set for 12/8/2017 at 02:00 PM before JudgeGregory H. Woods. (mro) (Entered: 11/29/2017)

11/28/2017 185 ORDER terminating 183 Letter Motion for Leave to File Document. The Court willhold a telephone conference to discuss Plaintiffs' anticipated motion on December 8,2017 at 2:00 p.m. The parties are directed to jointly call Chambers (212−805−0296) atthat time with all parties on the line. (Signed by Judge Gregory H. Woods on11/28/2017) (mro) (Entered: 11/29/2017)

11/28/2017 184 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman datedNovember 28, 2017 re: Plaintiffs' proposed stipulation. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 11/28/2017)

11/28/2017 183 LETTER MOTION for Leave to File Motion for Injunctive Relief Pursuant toRequested Briefing Schedule addressed to Judge Gregory H. Woods from Jamie M.Brickell dated 11−28−2017. Document filed by Ferdo Grgurev, Omer Grgurev.(Attachments: # 1 Exhibit A− Proposed Stipulation)(Brickell, Jamie) (Entered:11/28/2017)

11/21/2017 182 MEMO ENDORSEMENT: on re: 181 Letter filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Branko Turcinovic, Delmonico's Distribution LLC,Five "M" Corp. ENDORSEMENT: The Court takes no position with respect to thevoluntary actions that the defendants and their counsel have agreed to undertake, asdescribed in their November 21, 2017 letter. The Court declines to "So Order" thatletter. The Court requests that the parties confer regarding the effect of defendants'undertakings on the motion for injunctive relief proposed by counsel for the plaintiffs.(Signed by Judge Gregory H. Woods on 11/21/2017) (ama) (Entered: 11/21/2017)

11/21/2017 181 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman datedNovember 21, 2017 re: Return of funds. Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic.(Trachtman, Laura) (Entered: 11/21/2017)











11/13/2017 180 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman datedNovember 13, 2017 re: November 16, 2017 Conference. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 11/13/2017)

11/09/2017 179 MEMO ENDORSEMENT on re: 178 Letter filed by Ocinomled Ltd., Ferdo Grgurev,Omer Grgurev. ENDORSEMENT: The Court will address the issues raised inPlaintiffs' pre−motion letter during the conference scheduled for November 16, 2017.Defendants may raise any opposition to the pre−motion letter in accordance with Rule2(C) of the Court's Individual Rules of Practice in Civil Cases. (Signed by JudgeGregory H. Woods on 11/9/2017) (mro) (Entered: 11/13/2017)

11/09/2017 178 LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell datedNovember 9, 2017 re: November 16th Conference. Document filed by Ferdo Grgurev,Omer Grgurev, Ocinomled Ltd..(Brickell, Jamie) (Entered: 11/09/2017)

11/03/2017 177 MEMO ENDORSEMENT on re: 176 Letter, filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Branko Turcinovic, Delmonico's Distribution LLC,Five "M" Corp. ENDORSEMENT: Application granted. The hearing on defendants'motion for summary judgment is adjourned to November 16, 2017 at 11:30 a.m. inCourtroom 12C of the United States District Court for the Southern District of NewYork, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NewYork 10007. ( Status Conference set for 11/16/2017 at 11:30 AM in Courtroom 12C,500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed byJudge Gregory H. Woods on 11/3/2017) (mro) (Entered: 11/06/2017)

11/01/2017 176 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman datedNovember 1, 2017 re: Request for Adjournment. Document filed by 268 SH RealtyCorp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp.,Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 11/01/2017)

11/01/2017 175 ORDER. The Court will hold a conference on Defendants' motion for partial summaryjudgment (Dkt. No. 171) on November 8, 2017 at 1:00 p.m. in Courtroom 12C of theUnited States District Court for the Southern District of New York, Daniel PatrickMoynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. Theparties should be prepared to discuss all aspects of the motion. (HEREBY ORDEREDby Judge Gregory H. Woods on November 1, 2017) (Text Only Order)(Woods,Gregory) (Entered: 11/01/2017)

05/24/2017 174 RULE 56.1 STATEMENT. Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Trachtman, Laura) (Entered: 05/24/2017)

05/24/2017 173 MEMORANDUM OF LAW in Support re: 171 MOTION for Partial SummaryJudgment . . Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 05/24/2017)

05/24/2017 172 DECLARATION of Alan C. Trachtman in Support re: 171 MOTION for PartialSummary Judgment .. Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 ExhibitExhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7Exhibit Exhibit 7, # 8 Exhibit Exhibit 8−1, # 9 Exhibit Exhibit 8−2, # 10 ExhibitExhibit 8−3, # 11 Exhibit Exhibit 8−4, # 12 Exhibit Exhibit 8−5, # 13 Exhibit Exhibit8−6, # 14 Exhibit Exhibit 8−7, # 15 Exhibit Exhibit 9, # 16 Exhibit Exhibit 10, # 17Exhibit Exhibit 11, # 18 Exhibit Exhibit 12, # 19 Exhibit Exhibit 13, # 20 ExhibitExhibit 14, # 21 Exhibit Exhibit 15, # 22 Exhibit Exhibit 16, # 23 Exhibit Exhibit 17, #24 Exhibit Exhibit 18)(Trachtman, Laura) (Entered: 05/24/2017)

05/24/2017 171 MOTION for Partial Summary Judgment . Document filed by 268 SH Realty Corp.,268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., MilanLicul, Branko Turcinovic.(Trachtman, Laura) (Entered: 05/24/2017)

05/17/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENTDOCKET ENTRY ERROR. Notice to Attorney Laura M Trachtman toRE−FILE Document 160 MOTION for Summary Judgment . ERROR(S):Supporting documents must be filed separately, each receiving their own







































document number. Declaration in Support of Motion and Memorandum of Lawin Support of Motion are both found under the event list Replies, Opposition andSupporting Documents. Rule 56.1 Statement is found under the event list OtherAnswers. (ldi) (Entered: 05/17/2017)

05/15/2017 170 REPLY MEMORANDUM OF LAW in Support re: 160 MOTION for SummaryJudgment . . Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 05/15/2017)

05/15/2017 169 REPLY MEMORANDUM OF LAW in Support re: 155 MOTION to Disqualifyplaintiffs' expert Robb Arent. . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic, Dennis Turcinovic. (Trachtman, Laura) (Entered: 05/15/2017)

05/01/2017 168 DECLARATION of Jamie M. Brickell in Opposition re: 160 MOTION for SummaryJudgment .. Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15 (Part 1 of 3), # 16 Exhibit 15(Part 2 of 3), # 17 Exhibit 15 (Part 3 of 3), # 18 Exhibit 16 (Part 1 of 2), # 19 Exhibit16 (Part 2 of 2), # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, #24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48 (Part 1 of 3), # 52 Exhibit 48 (Part 2 of 3),# 53 Exhibit 48 (Part 3 of 3), # 54 Exhibit 49, # 55 Exhibit 50, # 56 Exhibit 51, # 57Exhibit 52 (Part 1 of 2), # 58 Exhibit 52 (Part 2 of 2), # 59 Exhibit 53, # 60 Exhibit 54,# 61 Exhibit 55 (Part 1 of 5), # 62 Exhibit 55 (Part 2 of 5), # 63 Exhibit 55 (Part 3 of5), # 64 Exhibit 55 (Part 4 of 5), # 65 Exhibit 55 (Part 5 of 5), # 66 Exhibit 56, # 67Exhibit 57, # 68 Exhibit 58 (Part 1 of 2), # 69 Exhibit 58 (Part 2 of 2), # 70 Exhibit 59,# 71 Exhibit 60 (Part 1 of 2), # 72 Exhibit 60 (Part 2 of 2), # 73 Exhibit 61, # 74Exhibit 62 (Part 1 of 2), # 75 Exhibit 62 (Part 2 of 2), # 76 Exhibit 63, # 77 Exhibit 64,# 78 Exhibit 65, # 79 Exhibit 66, # 80 Exhibit 67, # 81 Exhibit 68, # 82 Exhibit69)(Brickell, Jamie) (Entered: 05/01/2017)

05/01/2017 167 AFFIDAVIT of Ferdo Grgurev in Opposition re: 160 MOTION for SummaryJudgment .. Document filed by Ferdo Grgurev, Omer Grgurev. (Brickell, Jamie)(Entered: 05/01/2017)

05/01/2017 166 AFFIDAVIT of Omer Grgurev in Opposition re: 160 MOTION for SummaryJudgment .. Document filed by Ferdo Grgurev, Omer Grgurev. (Brickell, Jamie)(Entered: 05/01/2017)

05/01/2017 165 COUNTER STATEMENT TO Document filed by Ferdo Grgurev, Omer Grgurev.(Brickell, Jamie) (Entered: 05/01/2017)

05/01/2017 164 MEMORANDUM OF LAW in Opposition re: 160 MOTION for Summary Judgment .. Document filed by Ferdo Grgurev, Omer Grgurev. (Brickell, Jamie) (Entered:05/01/2017)

05/01/2017 163 DECLARATION of M. Mona Simonian in Opposition re: 155 MOTION to Disqualifyplaintiffs' expert Robb Arent.. Document filed by Ferdo Grgurev, Omer Grgurev.(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Part 1), # 4 Exhibit C (Part2), # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Simonian, Maryaneh) (Entered:05/01/2017)

05/01/2017 162 MEMORANDUM OF LAW in Opposition re: 155 MOTION to Disqualify plaintiffs'expert Robb Arent. . Document filed by Ferdo Grgurev, Omer Grgurev. (Simonian,Maryaneh) (Entered: 05/01/2017)

04/14/2017 161 LETTER addressed to Judge Gregory H. Woods from Jared M. Lefkowitz dated April14, 2017 re: Rule 11 motion previously submitted on March 21, 2017. Document filedby Dennis Turcinovic.(Lefkowitz, Jared) (Entered: 04/14/2017)












































































































04/03/2017 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF DocumentNo. 159 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Noteto Attorney Jared Marc Lefkowitz : This is a Duplicate Document. Do NotRe−File. (db) (Entered: 04/03/2017)

03/31/2017 160 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for SummaryJudgment . Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic.(Attachments: # 1 Memorandum of Law, # 2 Rule 56.1 Statement, # 3 Affidavit, # 4Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10Exhibit 7, # 11 Exhibit 8−1, # 12 Exhibit 8−2, # 13 Exhibit 8−3, # 14 Exhibit 8−4, #15 Exhibit 8−5, # 16 Exhibit 8−6, # 17 Exhibit 8−7, # 18 Exhibit 9, # 19 Exhibit 10, #20 Exhibit 11, # 21 Exhibit 12, # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25Exhibit 16, # 26 Exhibit 17, # 27 Exhibit 18)(Trachtman, Laura) Modified on5/17/2017 (ldi). (Entered: 03/31/2017)

03/31/2017 159 FILING ERROR − DUPLICATE DOCUMENT − AFFIRMATION of Jared M.Lefkowitz in Support re: 155 MOTION to Disqualify plaintiffs' expert Robb Arent..Document filed by Dennis Turcinovic. (Attachments: # 1 Exhibit B, # 2 Exhibit B1 −Exhibit A to Arent report, # 3 Exhibit B2 − Exhibit B to Arent report, # 4 Exhibit B3 −Exhibit C to Arent report, # 5 Exhibit B4 − Exhibit D to Arent report, # 6 Exhibit B5 −Exhibit E to Arent report, # 7 Exhibit B6 − Exhibit F to Arent report, # 8 Exhibit B7 −Exhibit G to Arent report, # 9 Exhibit B8 − Exhibit H to Arent report, # 10 Exhibit B9− Exhibit I to Arent report, # 11 Exhibit B10 − Exhibit J to Arent report)(Lefkowitz,Jared) Modified on 4/3/2017 (db). (Entered: 03/31/2017)

03/31/2017 158 AFFIRMATION of Jared Lefkowitz in Support re: 155 MOTION to Disqualifyplaintiffs' expert Robb Arent.. Document filed by Dennis Turcinovic. (Attachments: #1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E)(Lefkowitz, Jared) (Entered:03/31/2017)

03/31/2017 157 MEMORANDUM OF LAW in Support re: 155 MOTION to Disqualify plaintiffs'expert Robb Arent. . Document filed by Dennis Turcinovic. (Lefkowitz, Jared)(Entered: 03/31/2017)

03/31/2017 156 AFFIDAVIT of Corrado Gogglia in Support re: 155 MOTION to Disqualify plaintiffs'expert Robb Arent.. Document filed by Dennis Turcinovic. (Lefkowitz, Jared)(Entered: 03/31/2017)

03/31/2017 155 MOTION to Disqualify plaintiffs' expert Robb Arent. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 03/31/2017)


03/23/2017 153 TRANSCRIPT of Proceedings re: CONFERNECE held on 2/17/2017 before JudgeGregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 4/13/2017.Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction setfor 6/21/2017.(McGuirk, Kelly) (Entered: 03/23/2017)


























































03/23/2017 151 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2017 before JudgeGregory H. Woods. Court Reporter/Transcriber: Pamela Utter, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 4/13/2017.Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction setfor 6/21/2017.(McGuirk, Kelly) (Entered: 03/23/2017)

03/21/2017 150 REPLY AFFIRMATION of Jared M. Lefkowitz in Support re: 140 MOTION forSanctions .. Document filed by Dennis Turcinovic. (Attachments: # 1 Exhibit A − Rule16 posiitons, # 2 Exhibit B − representation re cross motion, # 3 Exhibit C − expertdesignation, # 4 Exhibit D − Arent dep, # 5 Exhibit E − page 27 Arentreport)(Lefkowitz, Jared) (Entered: 03/21/2017)

03/21/2017 149 REPLY MEMORANDUM OF LAW in Support re: 140 MOTION for Sanctions . .Document filed by Dennis Turcinovic. (Lefkowitz, Jared) (Entered: 03/21/2017)

03/17/2017 148 DECLARATION of Jamie M. Brickell in Opposition re: 140 MOTION for Sanctions.. Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8Exhibit H)(Brickell, Jamie) (Entered: 03/17/2017)

03/17/2017 147 MEMORANDUM OF LAW in Opposition re: 140 MOTION for Sanctions . .Document filed by Ferdo Grgurev, Omer Grgurev. (Simonian, Maryaneh) (Entered:03/17/2017)

03/06/2017 146 MEMO ENDORSEMENT on re: 144 Letter filed by Dennis Turcinovic, SetDeadlines/Hearing as to 144 Letter, 140 MOTION for Sanctions : Responses due by3/17/2017. Replies due by 3/24/2017. ENDORSEMENT: Plaintiffs' opposition toDefendant Dennis Turcinovic's motion for sanctions, Dkt. No. 140, is due no later thanMarch 17, 2017. Defendant Turcinovic's reply, if any, is due no later than March 24,2017. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/6/2017) (anc)(Entered: 03/06/2017)

03/03/2017 145 MOTION for Sanctions . Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic.(Trachtman, Laura) (Entered: 03/03/2017)

03/03/2017 144 LETTER addressed to Judge Gregory H. Woods from Jared M. Lefkowitz datedMarch 3, 2017 re: Notice of filing of motion and briefing schedule. Document filed byDennis Turcinovic.(Lefkowitz, Jared) (Entered: 03/03/2017)

03/03/2017 143 AFFIDAVIT OF SERVICE of Notice of Motion for sanctions and supporting papersserved on Jamie Brickell on February 9, 2017. Document filed by Dennis Turcinovic.(Lefkowitz, Jared) (Entered: 03/03/2017)

03/03/2017 142 MEMORANDUM OF LAW in Support re: 140 MOTION for Sanctions . . Documentfiled by Dennis Turcinovic. (Lefkowitz, Jared) (Entered: 03/03/2017)

03/03/2017 141 AFFIRMATION of Jared Lefkowitz in Support re: 140 MOTION for Sanctions ..Document filed by Dennis Turcinovic. (Attachments: # 1 Exhibit A − Amendedcomplaint, # 2 Exhibit B − Verifications, # 3 Exhibit C − Omer Grgurev dep excerpts,# 4 Exhibit D − Ferdo Grgurev dep excerpts)(Lefkowitz, Jared) (Entered: 03/03/2017)

03/03/2017 140 MOTION for Sanctions . Document filed by Dennis Turcinovic.(Lefkowitz, Jared)(Entered: 03/03/2017)

02/27/2017 139 ORDER withdrawing 132 Letter Motion for Leave to File Document. On February 13,2017, Plaintiffs filed a motion for leave to file a second amended complaint. Dkt. No.132. On February 21, 2017, Plaintiffs filed a letter withdrawing that motion. Dkt. No.138. Accordingly, Plaintiffs' February 13, 2017 motion for leave to file a secondamended complaint is withdrawn. (HEREBY ORDERED by Judge Gregory H.Woods)(Text Only Order) (Woods, Gregory) (Entered: 02/27/2017)

02/21/2017 138 LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell dated2−21−2017 re: Withdrawal of Request for Leave to Amend Complaint. Documentfiled by Ferdo Grgurev, Omer Grgurev.(Simonian, Maryaneh) (Entered: 02/21/2017)









































02/17/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 2/17/2017. (Daniels, Anthony) (Entered: 02/21/2017)

02/17/2017 137 ORDER. The Court will hold a telephone conference to discuss Plaintiffs' motion forleave to file a second amended complaint, Dkt. No. 132, on February 17, 2017 at 3:30p.m. The parties are directed to call Chambers (212−805−0296) at that time with allparties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on February17, 2017) (Text Only Order)(Woods, Gregory) (Entered: 02/17/2017)

02/15/2017 136 ORDER granting 130 Letter Motion for Leave to File Document. As stated on therecord during a telephone conference held on February 14, 2017, Defendants' motionfor leave to file a motion for partial summary judgment and a motion to excludePlaintiffs' expert witness is granted. Defendants' motion for partial summary judgmentand their motion to exclude Plaintiffs' expert witness are due no later than April 3,2017. Plaintiffs' oppositions are due no later than 30 days after the date of service ofthe respective motion. Defendants' replies, if any, are due no later than two weeks afterthe date of service of the respective opposition. (HEREBY ORDERED by JudgeGregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 02/15/2017)

02/14/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 2/14/2017. (Court Reporter Pamela Utter) (Daniels, Anthony)(Entered: 02/17/2017)

02/14/2017 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 2/2/17 has been filed by thecourt reporter/transcriber in the above−captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendardays...(McGuirk, Kelly) (Entered: 02/14/2017)

02/14/2017 134 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/2/2017 before JudgeGregory H. Woods. Court Reporter/Transcriber: Samuel Mauro, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 3/7/2017.Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction setfor 5/15/2017.(McGuirk, Kelly) (Entered: 02/14/2017)

02/13/2017 133 LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell dated2−13−17 re: Defendants' Request for Leave to File Partial Summary Judgment Motion.Document filed by Ferdo Grgurev, Omer Grgurev.(Simonian, Maryaneh) (Entered:02/13/2017)

02/13/2017 132 LETTER MOTION for Leave to File Second Amended Complaint addressed to JudgeGregory H. Woods from Jamie M. Brickell dated 2−13−17. Document filed by FerdoGrgurev, Omer Grgurev. (Attachments: # 1 Exhibit A − Proposed Second AmendedComplaint, # 2 Exhibit B − Comparison of Second Amended Complaint to AmendedComplaint)(Simonian, Maryaneh) (Entered: 02/13/2017)

02/10/2017 131 ORDER. The Court will hold a telephone conference to discuss Defendants' proposedmotion for summary judgment on February 14, 2017 at 3:00 p.m. The parties aredirected to call Chambers (212−805−0296) at that time with all parties on the line.(HEREBY ORDERED by Judge Gregory H. Woods on February 10, 2017) (Text OnlyOrder)(Woods, Gregory) (Entered: 02/10/2017)

02/09/2017 130 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −LETTER MOTION for Leave to File Motion for Partial Summary Judgment Pursuantto FRCP 56 addressed to Judge Gregory H. Woods from Alan C. Trachtman datedFebruary 9, 2017. Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic.(Trachtman, Laura) Modified on 3/7/2017 (ldi). (Entered: 02/09/2017)

02/03/2017 129 ORDER. For the reasons stated on the record during the hearing held on February 2,2017, Plaintiffs' motion for a preliminary injunction, Dkt. No. 113, is denied.Defendant Dennis Turcinovic is granted leave to file a Rule 11 motion. The Court willset a scheduled for Plaintiffs' response upon receipt of the motion. The Courtunderstands that Defendant Dennis Turcinovic has withdrawn the Rule 11 motion that









he has already served on Plaintiffs but not yet filed with the Court. The parties aredirected to confer regarding Plaintiffs' proposed motion to amend the complaint. Theparties are directed to file a joint letter no later than February 13, 2017 setting out bothparties' positions on the application for leave, and attaching the proposed amendedcomplaint in both clean and blackline form. (HEREBY ORDERED by Judge GregoryH. Woods on February 3, 2017) (Text Only Order)(Woods, Gregory) (Entered:02/03/2017)

02/02/2017 Minute Entry for proceedings held before Judge Gregory H. Woods: Show CauseHearing held on 2/2/2017. (Court Reporter Sam Mauro) (AD) (Entered: 02/03/2017)

02/01/2017 128 ORDER. The hearing and conference scheduled for February 2, 2017 at 4:30 p.m. isrescheduled to February 2, 2017 at 2:30 p.m. (HEREBY ORDERED by Judge GregoryH. Woods on February 1, 2017) (Text Only Order)(Woods, Gregory) (Entered:02/01/2017)

01/27/2017 127 DECLARATION of Jamie M. Brickell in Support re: 113 Order to Show Cause,,,,.Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit H, # 2Exhibit I, # 3 Exhibit J)(Brickell, Jamie) (Entered: 01/27/2017)

01/27/2017 126 REPLY MEMORANDUM OF LAW in Support re: 113 Order to Show Cause,,,, .Document filed by Ferdo Grgurev, Omer Grgurev. (Brickell, Jamie) (Entered:01/27/2017)

01/26/2017 125 MEMORANDUM OPINION AND ORDER. For the reasons above, Defendants'motion to realign the parties is GRANTED. This relief requires no action by the Clerkof Court at this time. If, in the future, the issue of complete diversity arises in thisaction, the Court will consider Ocinomled and 50/50 to be plaintiffs for that purpose.Defendants' motion to dismiss the amended complaint is GRANTED IN PART andDENIED IN PART: Plaintiffs' derivative claim for trademark infringement pursuant to15 U.S.C. § 1114(1) is dismissed in its entirety without prejudice. Plaintiffs' derivativeclaim for conversion is dismissed with prejudice only to the extent that it is premisedon the alleged misappropriation of the goodwill and value of the DELMONICO'SMarks. Plaintiffs' derivative claim for an accounting is dismissed with prejudice as toDefendants Five M, SH Realty, SH Restaurant, Delmonico's Distribution, and DennisTurcinovic. Plaintiffs' direct claim for conversion is dismissed in its entirety withprejudice. Plaintiffs' direct claim for unjust enrichment is dismissed with prejudiceonly to the extent that it seeks relief for conduct beyond the alleged withholding ofcontributions. The Clerk of Court is directed to terminate the motion pending at Dkt.No. 38. So ordered. re: 38 MOTION to Dismiss filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Dennis Turcinovic, Branko Turcinovic, Delmonico'sDistribution LLC, Five "M" Corp. (Signed by Judge Gregory H. Woods on 1/26/2017)(rjm) (Entered: 01/26/2017)

01/26/2017 124 JOINT LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell dated1−26−2017 re: Case Status In Advance of Upcoming Status Conference. Documentfiled by Ferdo Grgurev, Omer Grgurev.(Simonian, Maryaneh) (Entered: 01/26/2017)

01/25/2017 123 MEMORANDUM OF LAW in Opposition re: 108 EMERGENCY MOTION forPermanent Injunction and Temporary Restraining Order by Order to Show Cause. .Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic. (Attachments: # 1Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit,# 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20Exhibit, # 21 Exhibit, # 22 Exhibit)(Trachtman, Laura) (Entered: 01/25/2017)


01/23/2017 122 ORDER: For the reasons stated on the record during the telephone conference held onJanuary 23, 2017, Defendants' motion to file documents under seal in their entirety inconnection with their opposition to the order to show cause why a preliminaryinjunction should not issue is DENIED without prejudice. Defendants may make arenewed application to file documents with appropriate redactions in accordance withthe Court's Individual Rule 4(A)(ii) no later than January 25, 2017. If Defendants




































choose to make a renewed application, they are directed to file their memorandum oflaw and all documents in question on ECF with proposed redactions and to submitunredacted versions to [email protected]. The deadline forPlaintiffs to file a reply is extended to January 27, 2017. (Signed by Judge Gregory H.Woods on 1/23/2017) (mro) (Entered: 01/24/2017)

01/20/2017 121 ORDER denying 114 Motion to Seal Document. Application denied without prejudice.Any request to file documents with redactions or under seal must be made inaccordance with the Rule 4(A) of the Court's Individual Rules of Practice in CivilCases. The Clerk of Court is directed to terminate the letter motion pending at Dkt.No. 114. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/20/2017) (anc)(Entered: 01/20/2017)

01/20/2017 120 DECLARATION of Jamie M. Brickell in Support re: 113 Order to Show Cause,,,,.Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 ExhibitG)(Simonian, Maryaneh) (Entered: 01/20/2017)

01/20/2017 119 MEMORANDUM OF LAW in Support re: 113 Order to Show Cause,,,, . Documentfiled by Ferdo Grgurev, Omer Grgurev. (Simonian, Maryaneh) (Entered: 01/20/2017)

01/20/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPEERROR. Notice to Attorney Maryaneh Mona Simonian to RE−FILE Document117 Declaration in Support of Motion. Use the event type Declaration in Support(non−motion) found under the event list Other Answers, then link to 113 Order.(db) (Entered: 01/20/2017)

01/20/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPEERROR. Notice to Attorney Maryaneh Mona Simonian to RE−FILE Document116 Memorandum of Law in Support of Motion. Use the event typeMemorandum in Support (non−motion) found under the event list OtherAnswers, then link to 113 Order. (db) (Entered: 01/20/2017)

01/20/2017 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECFDOCUMENT ERROR. Note to Attorney Maryaneh Mona Simonian. DocumentNo. 115 Order to Show Cause. This document is not filed via ECF (They areMANUALLY filed). An Order to Show Cause is docketed by the Clerk of theCourt. This Document was already filed as the 113 ORDER. (db) (Entered:01/20/2017)

01/19/2017 Set/Reset Hearings: Show Cause Hearing set for 2/2/2017 at 04:30 PM before JudgeGregory H. Woods. (mt) (Entered: 01/19/2017)

01/19/2017 118 ORDER granting 112 Letter Motion for Oral Argument. The Court construes this letteras a request to adjourn the show cause hearing scheduled for January26, 2017. Theshow cause hearing scheduled for January 26, 2017 is adjourned to February 2, 2017 at4:30 p.m. The hearing will be conducted along with the status conference andpre−motion conference that are already scheduled to take place at that time. (Signed byJudge Gregory H. Woods on 1/19/2017) (mt) (Entered: 01/19/2017)

01/19/2017 117 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −DECLARATION of Jamie M. Brickell in Support re: 115 MOTION for PreliminaryInjunction .. Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G)(Simonian, Maryaneh) Modified on 1/20/2017 (db). (Entered: 01/19/2017)

01/19/2017 116 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −MEMORANDUM OF LAW in Support re: 115 MOTION for Preliminary Injunction .. Document filed by Ferdo Grgurev, Omer Grgurev. (Simonian, Maryaneh) Modifiedon 1/20/2017 (db). (Entered: 01/19/2017)

01/19/2017 115 FILING ERROR − ELECTRONIC FILING OF NON−ECF DOCUMENT −MOTION for Preliminary Injunction . Document filed by Ferdo Grgurev, OmerGrgurev. Return Date set for 1/26/2017 at 02:30 PM.(Simonian, Maryaneh) Modifiedon 1/20/2017 (db). (Entered: 01/19/2017)

01/19/2017 114 LETTER MOTION to Seal Document addressed to Judge Gregory H. Woods fromJared M. Lefkowitz dated January 19, 2017. Document filed by Dennis



































Turcinovic.(Lefkowitz, Jared) (Entered: 01/19/2017)

01/19/2017 Set/Reset Deadlines: Replies due by 1/24/2017. (mt) (Entered: 01/19/2017)

01/19/2017 113 ORDER TO SHOW CAUSE filed by 50/50 Restaurant Corp., Ferdo Grgurev, OmerGrgurev, Ocinomled Ltd...ORDERED, that Defendants show cause on January 26,2017 at 2:30 p.m., why an order should not be issued pursuant to Rule 65 of theFederal Rules of Civil Procedure enjoining the Defendants during the pendency of thisaction from undertaking any renovations, repairs, or improvements outside theordinary course of the business of Ocinomled, Ltd...ORDERED that service of a copyof this Order and all accompanying papers submitted in connection with the Plaintiff'smotion via electronic mail and ECF upon counsel for Defendant before January 20,2017, shall be deemed good and sufficient service thereof. ORDERED that anyopposition shall be filed no later than January 23, 2017 and that any reply be filed nolater than January 24, 2017. (Show Cause Hearing set for 1/26/2017 at 2:30 PM beforeJudge Gregory H. Woods; Show Cause Response due by 1/23/2017.) (Signed by JudgeGregory H. Woods on 1/19/2017) (mt) (Entered: 01/19/2017)

01/19/2017 112 JOINT LETTER MOTION for Oral Argument Date on Motion for PreliminaryInjunction addressed to Judge Gregory H. Woods from Jamie M. Brickell dated1−19−17. Document filed by Ferdo Grgurev, Omer Grgurev.(Simonian, Maryaneh)(Entered: 01/19/2017)

01/17/2017 111 ORDER denying without prejudice 108 Motion for Permanent Injunction. Plaintiffs'emergency motion for a permanent injunction and temporary restraining order by orderto show cause, Dkt. No. 108, is DENIED without prejudice. A motion by order toshow cause "must be submitted in the traditional manner on paper, to the Orders andJudgments Clerk." Rule 18.4 of the Southern District of New York Electronic CaseFiling Rules & Instructions. For the sake of expediency, the Court also notes that it isnot available for a show cause hearing on Friday, January 20, 2017. The Clerk ofCourt is directed to terminate the motion pending at Dkt. No. 108. (Signed by JudgeGregory H. Woods on 1/17/2017) (lmb) (Entered: 01/17/2017)

01/17/2017 110 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of JamieM. Brickell in Support re: 108 EMERGENCY MOTION for Permanent Injunction andTemporary Restraining Order by Order to Show Cause.. Document filed by FerdoGrgurev, Omer Grgurev. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Simonian, Maryaneh)Modified on 1/27/2017 (db). (Entered: 01/17/2017)

01/17/2017 109 FILING ERROR − DEFICIENT DOCKET ENTRY − MEMORANDUM OFLAW in Support re: 108 EMERGENCY MOTION for Permanent Injunction andTemporary Restraining Order by Order to Show Cause. . Document filed by FerdoGrgurev, Omer Grgurev. (Simonian, Maryaneh) Modified on 1/27/2017 (db). (Entered:01/17/2017)

01/17/2017 108 FILING ERROR − ELECTRONIC FILING OF NON−ECF DOCUMENT −EMERGENCY MOTION for Permanent Injunction and Temporary Restraining Orderby Order to Show Cause. Document filed by Ferdo Grgurev, Omer Grgurev. ReturnDate set for 1/20/2017 at 01:00 PM.(Simonian, Maryaneh) Modified on 1/27/2017(db). (Entered: 01/17/2017)

01/13/2017 107 ORDER granting 101 Letter Motion for Conference: Application granted. The Courtconstrues Plaintiffs' letter motion as a request a for a pre−motion conference relating toa proposed cross−motion for sanctions. The Court will hold a conference to discussPlaintiffs' proposed cross−motion during the status conference and pre−motionconference scheduled for February 2, 2017 at 4:30 p.m. The Clerk of Court is directedto terminate the letter motion pending at Dkt. No. 101. Pre−Motion Conference set for2/2/2017 at 04:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H.Woods on 1/13/2017) (tn) (Entered: 01/13/2017)

01/13/2017 106 ORDER granting 105 Letter Motion for Leave to File Document: Plaintiffs are grantedleave to file a motion for a preliminary injunction in the form of an order to showcause in accordance with the Court's rules. (Signed by Judge Gregory H. Woods on1/13/2017) (tn) (Entered: 01/13/2017)





















01/13/2017 105 LETTER MOTION for Leave to File Motion for Stay addressed to Judge Gregory H.Woods from Jamie M. Brickell dated 1/13/2017. Document filed by Ferdo Grgurev,Omer Grgurev. (Attachments: # 1 Exhibit A)(Simonian, Maryaneh) (Entered:01/13/2017)


01/13/2017 103 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/6/2016 before JudgeGregory H. Woods. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 2/3/2017.Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction setfor 4/13/2017.(McGuirk, Kelly) (Entered: 01/13/2017)

01/13/2017 102 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woodsfrom Jared M. Lefkowitz dated January 13, 2017 re: 101 LETTER MOTION forConference (Pre−Motion Conference) for Leave to File Cross−Motion for Sanctionsaddressed to Judge Gregory H. Woods from Jamie M. Brickell dated 1−12−17. .Document filed by Dennis Turcinovic. (Lefkowitz, Jared) (Entered: 01/13/2017)

01/12/2017 101 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −LETTER MOTION for Conference (Pre−Motion Conference) for Leave to FileCross−Motion for Sanctions addressed to Judge Gregory H. Woods from Jamie M.Brickell dated 1−12−17. Document filed by Ferdo Grgurev, Omer Grgurev.(Simonian,Maryaneh) Modified on 1/25/2017 (ldi). (Entered: 01/12/2017)

01/12/2017 100 ORDER granting 99 LETTER MOTION for Extension of Time addressed to JudgeGregory H. Woods from Jared M. Lefkowitz dated January 11, 2017. LETTERMOTION for Conference addressed to Judge Gregory H. Woods from Jared M.Lefkowitz dated January 11, 2017. Document filed by Dennis Turcinovic. Defendants'request for an extension of the deadline to submit pre−motion letters concerningmotions for summary judgment is granted. The deadline for all parties to submit suchletters is extended to February 9, 2017. The parties may request that the Court revisitthis deadline during the status conference on February 2, 2017. Defendants' request fora pre−motion conference is granted. The Court will hold a pre−motion conference todiscuss Defendants' proposed motion to disqualify Plaintiffs' expert witness during thestatus conference scheduled to take place on February 2, 2017 at 4:30 p.m. So ordered.(Pre−Motion Conference set for 2/2/2017 at 04:30 PM before Judge Gregory H.Woods.) (Signed by Judge Gregory H. Woods on 1/12/2017) (rjm) (Entered:01/12/2017)

01/11/2017 99 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woodsfrom Jared M. Lefkowitz dated January 11, 2017., LETTER MOTION for Conferenceaddressed to Judge Gregory H. Woods from Jared M. Lefkowitz dated January 11,2017. Document filed by Dennis Turcinovic.(Lefkowitz, Jared) (Entered: 01/11/2017)

01/09/2017 98 ORDER granting 97 Letter Motion for Leave to File Document. Defendants' requestfor a pre−motion conference is granted. The Court will hold a pre−motion conferenceto discuss Defendants' proposed motion for sanctions during the status conference onFebruary 2, 2017 at 4:30 p.m. (Signed by Judge Gregory H. Woods on 1/9/2017) (kgo)(Entered: 01/09/2017)

01/09/2017 97 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −LETTER MOTION for Leave to File Motion for Sanctions pursuant to FRCP 11addressed to Judge Gregory H. Woods from Alan C. Trachtman dated Jan. 9, 2017.Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic.(Trachtman,Laura) Modified on 1/23/2017 (ldi). (Entered: 01/09/2017)














12/22/2016 96 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman dated Dec.22, 2016 re: Mediation Outcome Notification. Document filed by 268 SH RealtyCorp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp.,Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Trachtman, Laura) (Entered:12/22/2016)

12/16/2016 Mediator Session Held on 12/15/2016 at Mediator's Office.(mf) (Entered: 12/16/2016)

12/01/2016 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for12/15/2016, 10:00 AM at the Offices of the Mediator.(cda) (Entered: 12/01/2016)

12/01/2016 94 ORDER granting 93 LETTER MOTION to Adjourn Conference addressed to JudgeGregory H. Woods from Jared Lefkowitz dated December 1, 2016. Document filed byDennis Turcinovic. Application granted. The status conference scheduled for January23, 2017 is adjourned to February 2, 2017 at 4:30 p.m. The joint status letter requestedin the Court's February 18, 2016 order, Dkt. No. 21, is due no later than January 26,2017. So ordered. (Status Conference set for 2/2/2017 at 04:30 PM before JudgeGregory H. Woods). (Signed by Judge Gregory H. Woods on 12/1/2016) (rjm)(Entered: 12/01/2016)

12/01/2016 93 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woodsfrom Jared Lefkowitz dated December 1, 2016. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 12/01/2016)

11/29/2016 NOTICE OF MEDIATOR ASSIGNMENT − Notice of assignment of mediator. To BeScheduled As Soon As Possible.(cda) (Entered: 11/29/2016)

11/28/2016 92 MEDIATION REFERRAL ORDER. It is hereby ORDERED that this case is referredfor mediation to the Court−annexed Mediation program. The parties are notified thatLocal Rule 83.9 shall govern the mediation and are directed to participate in themediation in good faith. The parties are directed to submit a joint letter within oneweek following the mediation session describing the outcome of mediation.Defendants' request for an extension of the deadlines in this case is GRANTED. Thestatus conference scheduled for December 15, 2016 is adjourned to January 23, 2017at 4:00 p.m. The joint status letter requested in the case management plan andscheduling order entered on February 18, 2016, Dkt. No. 21, is due no later thanJanuary 16, 2017. The deadline to request a pre−motion conference related to anyproposed motions for summary judgment is extended to January 16, 2017. Thedeadline for submission of motions for summary judgment, if any, is extended toFebruary 10, 2017. The parties may request further modification of these deadlinesafter the mediation session has been scheduled The Clerk of Court is directed toterminate the motion pending at Dkt. No. 91. SO ORDERED. This action is eligiblefor mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. Thisaction is eligible for mediation subject to the limitations and restrictions as noted: ALLISSUES ARE ELIGIBLE. Please reference the following when corresponding with theMediation Office. E−mail [email protected], telephone (212)805−0643, and facsimile (212) 805−0647. (Mediator to be Assigned by 12/8/2016.Mediator Expertise Request due by 12/5/2016.), (Motions due by 2/10/2017.), (StatusConference set for 1/23/2017 at 04:00 PM before Judge Gregory H. Woods.), Motionsterminated: 91 LETTER MOTION for Extension of Time addressed to Judge GregoryH. Woods from Jared Lefkowitz dated November 23, 2016. Document filed by DennisTurcinovic. (Signed by Judge Gregory H. Woods on 11/28/2016) (rjm) (Entered:11/28/2016)

11/23/2016 91 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woodsfrom Jared Lefkowitz dated November 23, 2016. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 11/23/2016)

11/16/2016 90 MEMO ENDORSEMENT on re: 89 Letter, filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Branko Turcinovic, Delmonico's Distribution LLC,Five "M" Corp. ENDORSEMENT: Application granted. The parties are directed tosubmit a letter to the Court no later than November 23, 2016 stating whether theywould like a referral to mediation or a settlement conference. (Signed by JudgeGregory H. Woods on 11/16/2016) (mro) (Entered: 11/17/2016)

11/16/2016 89 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman dated Nov.16, 2016 re: Extension of Time. Document filed by 268 SH Realty Corp., 268 SH











Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic.(Trachtman, Laura) (Entered: 11/16/2016)

11/10/2016 88 ORDER. As stated on the record during the telephone conference held on November10, 2016, Plaintiffs' request for sanctions and costs, Dkt. No. 79, is denied. The Courtrequests that the parties submit a letter no later than November 16, 2016 statingwhether they would like a referral to mediation or a settlement conference. (HEREBYORDERED by Judge Gregory H. Woods on November 10, 2016) (Text OnlyOrder)(Woods, Gregory) (Entered: 11/10/2016)

11/10/2016 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 11/10/2016. (Court Reporter Rose Prater) (Daniels, Anthony)(Entered: 11/10/2016)

11/10/2016 87 MEMORANDUM OPINION AND ORDER. Each of the factors described by theSecond Circuit in Winston counsels against finding that the parties reached a bindingand enforceable agreement to settle this case. Accordingly, Defendants' motion toenforce the purported settlement agreement is DENIED. The Clerk of Court is directedto terminate the motion pending at Dkt. No. 71. So ordered. re: 71 MOTION EnforceSettlement Agreement/Dismiss Case filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Milan Licul, Branko Turcinovic, Delmonico's Distribution LLC, Five "M"Corp. (Signed by Judge Gregory H. Woods on 11/9/2016) (rjm). (Entered: 11/10/2016)

11/03/2016 86 ORDER. The Court will hold a telephone conference with respect to Defendants'motion to enforce a settlement agreement, Dkt. No. 71, on November 10, 2016 at 2:00p.m. The parties are directed to call Chambers (212−805−0296) at that time with allparties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on November3, 2016) (Text Only Order)(Woods, Gregory) (Entered: 11/03/2016)

10/28/2016 85 MEMO ENDORSEMENT on re: 84 Letter, filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Branko Turcinovic, Delmonico's Distribution LLC,Five "M" Corp. ENDORSEMENT: Application granted in part and denied in part. Thedeadline to request a pre−motion conference relating to any proposed motions forsummary judgment is extended to the earlier of one week following the Court'sdecision on the outstanding motion to dismiss or December 8, 2016. The request for anextension of the deadline to complete expert discovery is denied. Except as expresslymodified by this order or a prior order, the case management plan entered by the Courton February 18, 2016, Dkt. No. 21, remains in full force and effect. (Signed by JudgeGregory H. Woods on 10/28/2016) (lmb) (Entered: 10/28/2016)

10/28/2016 84 LETTER addressed to Judge Gregory H. Woods from Alan C. Trachtman dated Oct.27, 2016 re: Rescheduling Request. Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic.(Trachtman, Laura) (Entered: 10/28/2016)

10/26/2016 83 ORDER. The status conference scheduled for November 14, 2016 is adjourned toDecember 15, 2016 at 4:00 p.m. The joint status letter requested in the casemanagement plan and scheduling order entered on February 18, 2016, Dkt. No. 21, isdue no later than December 8, 2016. The deadline for submission of motions forsummary judgment, if any, is extended to January 9, 2017. The parties are remindedthat any motion for summary judgment will be deemed untimely unless a request for apre−motion conference relating thereto is made in writing within one week after theclose of discovery. Except as expressly modified by this order or a prior order, the casemanagement plan entered by the Court on February 18, 2016, Dkt. No. 21, remains infull force and effect. (HEREBY ORDERED by Judge Gregory H. Woods on October26, 2016) (Text Only Order)(Woods, Gregory) (Entered: 10/26/2016)

10/10/2016 82 REPLY MEMORANDUM OF LAW in Support re: 71 MOTION Enforce SettlementAgreement/Dismiss Case . . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Trachtman, Laura) (Entered: 10/10/2016)

10/06/2016 81 ORDER. As stated on the record during the teleconference held on October 6, 2016,Defendant Dennis Turcinovic's request for leave to file a motion for sanctions and amotion for summary judgment is granted. The motion for sanctions shall be filed noearlier than November 14, 2016. The court will set a briefing schedule for Mr.Turcinovic's motion for summary judgment during the conference scheduled for








November 14, 2016. Plaintiff's request for leave to file a cross−motion for sanctions isdenied without prejudice. (HEREBY ORDERED by Judge Gregory H. Woods onOctober 6, 2016) (Text Only Order)(Woods, Gregory) (Entered: 10/06/2016)

10/06/2016 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 10/6/2016. (Court Reporter Kristen Carranante) (Daniels,Anthony) (Entered: 10/06/2016)

10/03/2016 80 DECLARATION of Jamie M. Brickell in Opposition re: 71 MOTION EnforceSettlement Agreement/Dismiss Case .. Document filed by Ferdo Grgurev, OmerGrgurev. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, #11 Exhibit K)(Brickell, Jamie) (Entered: 10/03/2016)

10/03/2016 79 MEMORANDUM OF LAW in Opposition re: 71 MOTION Enforce SettlementAgreement/Dismiss Case . . Document filed by Ferdo Grgurev, Omer Grgurev.(Brickell, Jamie) (Entered: 10/03/2016)

09/29/2016 78 MEMORANDUM OF LAW in Support re: 71 MOTION Enforce SettlementAgreement/Dismiss Case . . Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Trachtman, Laura) (Entered: 09/29/2016)

09/29/2016 77 AFFIRMATION of Alan C. Trachtman in Support re: 71 MOTION EnforceSettlement Agreement/Dismiss Case .. Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4Exhibit 4, # 5 Exhibit 5)(Trachtman, Laura) (Entered: 09/29/2016)

09/29/2016 76 AFFIDAVIT of Milan Licul in Support re: 71 MOTION Enforce SettlementAgreement/Dismiss Case .. Document filed by 268 SH Realty Corp., 268 SHRestaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Trachtman, Laura) (Entered: 09/29/2016)

09/28/2016 75 ORDER granting 69 Letter Motion for Conference. Defendant Dennis Turcinovic'srequest for a pre−motion conference is granted. The Court will hold a teleconferenceregarding Mr. Turcinovic's proposed motions and plaintiffs' proposed cross−motionson October 6, 2016 at 3:00 p.m. The parties are directed to call Chambers(212−805−0296) at that time with all parties on the line. (HEREBY ORDERED byJudge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 09/28/2016)

09/27/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPEERROR. Notice to Attorney Laura M Trachtman to RE−FILE Document 74MOTION Enforce Settlement Agreement/Dismiss Case re: 72 MOTION EnforceSettlement Agreement/Dismiss Case re: 71 MOTION Enforce SettlementAgreement/Dismiss Case . ., 71 MOTION Enforce Settlement Agreement/. Usethe event type Memorandum in Support of Motion found under the event listReplies, Opposition and Supporting Documents. (db) (Entered: 09/27/2016)

09/27/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPEERROR. Notice to Attorney Laura M Trachtman to RE−FILE Document 72MOTION Enforce Settlement Agreement/Dismiss Case re: 71 MOTION EnforceSettlement Agreement/Dismiss Case . . 73 MOTION Enforce SettlementAgreement/Dismiss Case . Use the event type Declaration in Support of Motionfound under the event list Replies, Opposition and Supporting Documents. (db)(Entered: 09/27/2016)

09/26/2016 74 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −MOTION Enforce Settlement Agreement/Dismiss Case re: 72 MOTION EnforceSettlement Agreement/Dismiss Case re: 71 MOTION Enforce SettlementAgreement/Dismiss Case . ., 71 MOTION Enforce Settlement Agreement/DismissCase ., 73 MOTION Enforce Settlement Agreement/Dismiss Case . . Document filedby 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC,Five "M" Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) Modified on9/27/2016 (db). (Entered: 09/26/2016)








































09/26/2016 73 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −MOTION Enforce Settlement Agreement/Dismiss Case . Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) Modified on 9/27/2016(db). (Entered: 09/26/2016)

09/26/2016 72 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −MOTION Enforce Settlement Agreement/Dismiss Case re: 71 MOTION EnforceSettlement Agreement/Dismiss Case . . Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4Exhibit 4, # 5 Exhibit 5)(Trachtman, Laura) Modified on 9/27/2016 (db). (Entered:09/26/2016)

09/26/2016 71 MOTION Enforce Settlement Agreement/Dismiss Case . Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic.(Trachtman, Laura) (Entered: 09/26/2016)

09/26/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENTDOCKET ENTRY ERROR. Notice to Attorney Laura M Trachtman toRE−FILE Document 64 MOTION Enforce Settlement Agreement/Dismiss Case .ERROR(S): Supporting Documents are filed separately, each receiving their owndocument #. (db) (Entered: 09/26/2016)

09/23/2016 70 LETTER addressed to Judge Gregory H. Woods from M. Mona Simonian dated9−23−16 re: Response to Defendant's Pre−Motion Conference Letter Request.Document filed by Ferdo Grgurev, Omer Grgurev.(Simonian, Maryaneh) (Entered:09/23/2016)

09/23/2016 69 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from JaredM. Lefkowitz dated September 23, 2016. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 09/23/2016)

09/22/2016 68 ORDER granting 67 Letter Motion for Leave to File Excess Pages. Applicationgranted. Mr. Turcinovic may file a pre−motion letter that is no more than 5 pages inlength. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order)(Woods, Gregory) (Entered: 09/22/2016)

09/22/2016 67 LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H.Woods from Jared Lefkowitz dated September 22, 2016. Document filed by DennisTurcinovic.(Lefkowitz, Jared) (Entered: 09/22/2016)


09/15/2016 65 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/22/2016 before JudgeGregory H. Woods. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805−0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 10/11/2016.Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction setfor 12/19/2016.(McGuirk, Kelly) (Entered: 09/15/2016)

09/12/2016 64 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION EnforceSettlement Agreement/Dismiss Case . Document filed by 268 SH Realty Corp., 268SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul,Branko Turcinovic. (Attachments: # 1 Affidavit ACT Declaration, # 2 Affidavit LiculDeclaration, # 3 Memorandum of Law)(Trachtman, Laura) Modified on 9/26/2016(db). (Entered: 09/12/2016)

08/23/2016 63 ORDER. As discussed on the record during the conference held on August 22, 2016,fact discovery is extended until September 12, 2016 for the sole purpose of allowingthe parties to complete the depositions of the five individuals identified at the





















conference. The deadline for the completion of expert discovery is extended toNovember 7, 2016. The parties must file motions for summary judgment, if any, nolater than December 7, 2016. The status conference scheduled for October 4, 2016 isadjourned to November 14, 2016 at 4:00 p.m. The joint status letter requested in thisCourt's February 18, 2016 order is due no later than November 7, 2016. Except asexpressly modified by this order, the Court's February 18, 2016 order remains ineffect. (HEREBY ORDERED by Judge Gregory H. Woods on August 23, 2016) (TextOnly Order)(Woods, Gregory) (Entered: 08/23/2016)

08/23/2016 62 ORDER granting 59 Letter Motion for Leave to File Document. Defendants' requestfor leave to file a motion to enforce a settlement agreement, Dkt. 59, is granted.Defendants' motion is due no later than September 12, 2016, plaintiffs' opposition isdue three weeks from the date of service of defendants' motion, and defendants' reply,if any, is due one week from the date of service of the opposition. (HEREBYORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)(Entered: 08/23/2016)

08/22/2016 Minute Entry for proceedings held before Judge Gregory H. Woods: Pre−MotionConference held on 8/22/2016. (Court Reporter Lisa Fellis) (Daniels, Anthony)(Entered: 08/22/2016)

08/11/2016 61 ORDER. The Court will hold a pre−motion conference regarding defendants' proposedmotion to enforce the settlement agreement and plaintiffs' proposed motion to compeldiscovery on August 22, 2016 at 1:00 p.m. in Courtroom 12C, Daniel PatrickMoynihan Courthouse, 500 Pearl St., New York, NY 10007. (HEREBY ORDEREDby Judge Gregory H. Woods on August 11, 2016) (Text Only Order)(Woods, Gregory)(Entered: 08/11/2016)

08/11/2016 60 LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell dated August11, 2016 re: Defendants' August 10, 2016 Letter. Document filed by Ferdo Grgurev,Omer Grgurev.(Brickell, Jamie) (Entered: 08/11/2016)

08/10/2016 59 LETTER MOTION for Leave to File Motion to Enforce Settlement addressed to JudgeGregory H. Woods from Alan C. Trachtman dated 8/10/16. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Trachtman, Laura)(Entered: 08/10/2016)

07/20/2016 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: SettlementConference held on 7/20/2016. (Snell, Kevin) (Entered: 07/21/2016)

06/21/2016 58 STIPULATION AND ORDER VOLUNTARILY DISMISSING CERTAIN DIRECTCLAIMS AGAINST DEFENDANT DENNIS TURCINOVIC: IT IS HEREBYSTIPULATED AND AGREED, by and between the undersigned counsel for allparties that, pursuant to Fed. R Civ. P. 41(a)(2), the Eleventh, Thirteenth andFourteenth Causes of Action in Plaintiffs' Amended Complaint (Dkt. 23) arevoluntarily dismissed as against Defendant Dermis Turcinovic, with each party to bearhis or its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Gregory H.Woods on 6/21/2016) (ama) (Entered: 06/22/2016)

06/08/2016 57 ORDER granting 56 Motion to Withdraw as Attorney. The Law Office of Alan C.Trachtman is granted leave to withdraw as counsel for Defendant Dennis Turcinovic.(HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods,Gregory) (Entered: 06/08/2016)

06/07/2016 56 AMENDED MOTION for Alan C. Trachtman to Withdraw as Attorney for DefendantDennis Turcinovic. Document filed by Dennis Turcinovic. (Attachments: # 1 AffidavitACT Affidavit, # 2 Exhibit DT Aff. in Support)(Trachtman, Laura) (Entered:06/07/2016)

06/07/2016 55 ORDER denying without prejudice 54 Motion to Withdraw as Attorney. Defensecounsel's motion to withdraw is denied without prejudice. Local Rule 1.4 requiresattorneys wishing to withdraw to state whether or not the attorney is asserting aretaining or charging lien, and Mr. Trachtman's submission does not include thisinformation. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order)(Woods, Gregory) (Entered: 06/07/2016)










06/06/2016 54 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Alan C.Trachtman to Withdraw as Attorney for Defendant Dennis Turcinovic. Document filedby Dennis Turcinovic. (Attachments: # 1 Affidavit ACT Decl. in Support, # 2 ExhibitDT Aff. in Support)(Trachtman, Laura) Modified on 6/9/2016 (ldi). (Entered:06/06/2016)

05/26/2016 53 ORDER re: 50 Notice of Substitution of Attorney, filed by 268 SH Realty Corp., 268SH Restaurant Corp., Milan Licul, Dennis Turcinovic, Branko Turcinovic,Delmonico's Distribution LLC, Five "M" Corp. The Trachtman law firm's request towithdraw as counsel for Mr. Turcinovic is denied without prejudice. Counsel's letterdoes not comply with Local Rule 1.4. (HEREBY ORDERED by Judge Gregory H.Woods on May 26, 2016) (Text Only Order)(Woods, Gregory) (Entered: 05/26/2016)

05/25/2016 52 ORDER re: 51 Letter, filed by Ferdo Grgurev, Omer Grgurev. The parties' request foran extension of discovery is granted. The deadline for the completion of all factdiscovery is extended to August 1, 2016. The deadline for the completion of all expertdiscovery is extended to September 26, 2016. The parties must file motions forsummary judgment, if any, no later than October 27, 2016. The status conferencescheduled for August 22, 2016 is adjourned to October 4, 2016 at 4:00 p.m. The jointstatus letter requested in the case management plan and scheduling order entered onFebruary 18, 2016 is due no later than September 27, 2016. The parties should notexpect any further extensions of time. Except as expressly modified by this order, theCourt's February 18, 2016 order remains in effect. The Court notes that pursuant to theFebruary 18, 2016 order, the deadlines in paragraphs 6(b) through 6(e) may beextended by the written consent of all parties so long as all fact discovery is completedby August 1, 2016. (HEREBY ORDERED by Judge Gregory H. Woods on May 25,2016) (Text Only Order)(Woods, Gregory) (Entered: 05/25/2016)

05/25/2016 51 LETTER addressed to Judge Gregory H. Woods from Jamie Brickell dated May 25,2016 re: Request for Extension of Time. Document filed by Ferdo Grgurev, OmerGrgurev. (Attachments: # 1 Exhibit Proposed Revised Civil Case ManagementSchedule)(Brickell, Jamie) (Entered: 05/25/2016)

05/25/2016 50 NOTICE of Substitution of Attorney. Old Attorney: Law Office of Alan C. Trachtman,New Attorney: Law Offices of Jared M. Lefkowitz, Address: Law Offices of Jared M.Lefkowitz, 1001 Avenue of the Americas, Suite 1114, New York, New York, USA10018, 2126821440. Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. (Trachtman, Laura) (Entered: 05/25/2016)

05/25/2016 49 NOTICE OF APPEARANCE by Jared Marc Lefkowitz on behalf of DennisTurcinovic. (Lefkowitz, Jared) (Entered: 05/25/2016)

04/28/2016 48 REPLY AFFIRMATION of Alan C. Trachtman in Support re: 38 MOTION toDismiss .. Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp.,Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic,Dennis Turcinovic. (Attachments: # 1 Exhibit Exhibit 5, # 2 Exhibit Exhibit6)(Trachtman, Laura) (Entered: 04/28/2016)

04/28/2016 47 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . .Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic, DennisTurcinovic. (Trachtman, Laura) (Entered: 04/28/2016)

04/22/2016 46 DECLARATION of Jamie M. Brickell in Opposition re: 38 MOTION to Dismiss ..Document filed by Ferdo Grgurev, Omer Grgurev. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C)(Brickell, Jamie) (Entered: 04/22/2016)

04/22/2016 45 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss . . Documentfiled by Ferdo Grgurev, Omer Grgurev. (Brickell, Jamie) (Entered: 04/22/2016)

04/22/2016 44 ANSWER to 18 Counterclaim. Document filed by Ferdo Grgurev, OmerGrgurev.(Simonian, Maryaneh) (Entered: 04/22/2016)

04/18/2016 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a conference proceeding held on 3/18/16 has been filed by thecourt reporter/transcriber in the above−captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of this


























transcript. If no such Notice is filed, the transcript may be made remotelyelectronically available to the public without redaction after 90 calendardays...(McGuirk, Kelly) (Entered: 04/18/2016)

04/18/2016 42 TRANSCRIPT of Proceedings re: conference held on 3/18/2016 before Judge GregoryH. Woods. Court Reporter/Transcriber: Kelly Surina, (212) 805−0300. Transcript maybe viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 5/12/2016.Redacted Transcript Deadline set for 5/23/2016. Release of Transcript Restriction setfor 7/21/2016.(McGuirk, Kelly) (Entered: 04/18/2016)

03/30/2016 41 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, byand between the undersigned counsel for all parties that the time for Plaintiffs toanswer, move or otherwise respond to Defendants' Counterclaims is extended to andincluding April 22, 2016. Ferdo Grgurev answer due 4/22/2016; Omer Grgurev answerdue 4/22/2016. (Signed by Judge Gregory H. Woods on 3/30/2016) (mro) (Entered:03/31/2016)

03/29/2016 40 MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filedby 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC,Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic. (Trachtman,Laura) (Entered: 03/29/2016)

03/29/2016 39 DECLARATION of Alan C. Trachtman in Support re: 38 MOTION to Dismiss ..Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic, DennisTurcinovic. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, part 1, # 4Exhibit 3, part 2, # 5 Exhibit 4)(Trachtman, Laura) (Entered: 03/29/2016)

03/29/2016 38 MOTION to Dismiss . Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. Responses due by 4/22/2016 Return Date set for5/6/2016 at 10:00 AM.(Trachtman, Laura) (Entered: 03/29/2016)

03/29/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENTDOCKET ENTRY ERROR. Notice to Attorney Laura M Trachtman toRE−FILE Document 36 Declaration in Support of Motion, 37 Memorandum ofLaw in Support of Motion. ERROR(S): Documents linked to filing error.***NOTE*** You must re−file the Motion first, then re−file supportingdocuments and link to the Motion. (ldi) (Entered: 03/29/2016)

03/29/2016 37 FILING ERROR − DEFICIENT DOCKET ENTRY − MEMORANDUM OFLAW in Support re: 35 MOTION to Dismiss . . Document filed by 268 SH RealtyCorp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M" Corp.,Milan Licul, Branko Turcinovic, Dennis Turcinovic. (Trachtman, Laura) Modified on3/29/2016 (ldi). (Entered: 03/29/2016)

03/29/2016 36 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of AlanC. Trachtman in Support re: 35 MOTION to Dismiss .. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic. (Attachments: # 1 ExhibitExhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3 part 1, # 4 Exhibit Exhibit 3 part2, # 5 Exhibit Exhibit 4)(Trachtman, Laura) Modified on 3/29/2016 (ldi). (Entered:03/29/2016)

03/29/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENTDOCKET ENTRY ERROR. Notice to Attorney Laura M Trachtman toRE−FILE Document 35 MOTION to Dismiss . ERROR(S): Supportingdocuments must be filed separately, each receiving their own document number.Declaration in Support of Motion and Memorandum of Law in Support ofMotion are both found under the event list Replies, Opposition and SupportingDocuments. (ldi) (Entered: 03/29/2016)

03/28/2016 35 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION to Dismiss .Document filed by 268 SH Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis


























Turcinovic. Responses due by 4/22/2016 Return Date set for 5/6/2016 at 10:00 AM.(Attachments: # 1 Affidavit Declaration of Alan C. Trachtman, # 2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3 part 1, # 5 Exhibit Exhibit 3 part 2, # 6Exhibit Exhibit 4, # 7 Supplement Memorandum of Law)(Trachtman, Laura) Modifiedon 3/29/2016 (ldi). (Entered: 03/28/2016)

03/18/2016 Minute Entry for proceedings held before Judge Gregory H. Woods: TelephoneConference held on 3/18/2016. (Court Reporter Kelly Surina) (Daniels, Anthony)(Entered: 03/18/2016)

03/18/2016 34 ORDER. As discussed on the record during the telephone conference held March 18,2016, the parties have stipulated that as an alternative to amending the complaint for asecond time, Plaintiffs may file Federal Rule of Civil Procedure 23,1 verifications as aseparate filing. The briefing schedule for Defendants' motion to dismiss is set asfollows: Defendants' motion to dismiss is due no later than March 28, 2016; Plaintiffs'amended complaint or opposition in response to Defendants' motion is due no laterthan April 22, 2016. In the event that Plaintiffs oppose Defendants' motion,Defendants' reply, if any, is due no later than one week from the date of service of theopposition. In the event that Plaintiffs amend the complaint, by two weeks from thedate of service of the amended complaint Defendants shall (1) file an answer; (2) file anew motion to dismiss; or (3) submit a letter to the Court stating that they rest on theirpreviously filed motion to dismiss. (HEREBY ORDERED by Judge Gregory H.Woods on March 18, 2016) (Text Only Order)(Woods, Gregory) (Entered:03/18/2016)

03/18/2016 33 EXHIBIT TO PLEADING re: 26 Amended Complaint,,. Document filed by OmerGrgurev.(Simonian, Maryaneh) (Entered: 03/18/2016)

03/18/2016 32 EXHIBIT TO PLEADING re: 26 Amended Complaint,,. Document filed by FerdoGrgurev.(Simonian, Maryaneh) (Entered: 03/18/2016)

03/14/2016 Set/Reset Hearings: Pre−Motion Conference set for 3/18/2016 at 11:00 AM beforeJudge Gregory H. Woods. (Daniels, Anthony) (Entered: 03/14/2016)

03/14/2016 31 ORDER granting 29 Letter Motion for Leave to File Document. Defendants' requestfor a pre−motion conference is granted. The conference regarding Defendants'proposed motion to dismiss will take place on March 18, 2016 at 11:00 a.m. Counselare directed to call Chambers (212−805−0296) jointly at that time. (HEREBYORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)(Entered: 03/14/2016)

03/14/2016 30 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference isscheduled before Magistrate Judge Barbara Moses on Wednesday, July 20, 2016, at2:15 p.m., in Courtroom 9A, 500 Pearl Street, New York, NY 10007. (As further setforth in this Order.) ( Settlement Conference set for 7/20/2016 at 02:15 PM beforeMagistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moseson 3/14/2016) (mro) (Entered: 03/14/2016)

03/14/2016 29 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU −LETTER MOTION for Leave to File 12(b) Motion addressed to Judge Gregory H.Woods from Alan C. Trachtman dated March 14, 2016. Document filed by 268 SHRealty Corp., 268 SH Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Trachtman, Laura)Modified on 3/17/2016 (db). (Entered: 03/14/2016)

03/03/2016 28 RULE 26 DISCLOSURE.Document filed by 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic.(Trachtman, Laura) (Entered: 03/03/2016)

03/03/2016 27 RULE 26 DISCLOSURE.Document filed by Ferdo Grgurev, Omer Grgurev.(Brickell,Jamie) (Entered: 03/03/2016)

02/29/2016 26 AMENDED COMPLAINT amending 23 Amended Complaint 1 Complaint, against268 SH Realty Corp., 268 SH Restaurant Corp., 50/50 Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Ocinomled Ltd., Branko Turcinovic,Dennis Turcinovic with JURY DEMAND.Document filed by Ferdo Grgurev, OmerGrgurev. Related document: 23 Amended Complaint,, filed by Ferdo Grgurev, Omer





















Grgurev, 1 Complaint, filed by 50/50 Restaurant Corp., Ocinomled Ltd., FerdoGrgurev, Omer Grgurev.(Brickell, Jamie) Modified on 3/1/2016 (pc). Modified on3/1/2016 (moh). Accepted as per chambers. (Entered: 02/29/2016)

02/29/2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Noticeto Attorney Maryaneh Simonian to RE−FILE Document No. 23 AmendedComplaint. The filing is deficient for the following reason(s): the PDF attached tothe docket entry for the pleading is not correct; the pleading was not signed bythe same attorney that docketed the Amended Complaint on ECF. Re−file thepleading using the event type Complaint found under the event list Complaintsand Other Initiating Documents − attach the correct signed PDF − select theindividually named filer/filers − select the individually named party/parties thepleading is against. (moh) (Entered: 02/29/2016)

02/29/2016 25 NOTICE OF APPEARANCE by Laura M Trachtman on behalf of 268 SH RealtyCorp., 268 SH Restaurant Corp., 50/50 Restaurant Corp., Delmonico's DistributionLLC, Five "M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic.(Trachtman, Laura) (Entered: 02/29/2016)

02/26/2016 24 REQUEST FOR ISSUANCE OF SUMMONS as to 50/50 Restaurant Corp. andOcinomled, Ltd., re: 23 Amended Complaint,. Document filed by Ferdo Grgurev,Omer Grgurev. (Simonian, Maryaneh) (Entered: 02/26/2016)

02/26/2016 23 FILING ERROR − DEFICIENT PLEADING − SIGNATURE ERROR − −FILING ERROR − DEFICIENT PLEADING −PDF ERROR − AMENDEDCOMPLAINT amending 1 Complaint, against 268 SH Realty Corp., 268 SHRestaurant Corp., 50/50 Restaurant Corp., Delmonico's Distribution LLC, Five "M"Corp., Milan Licul, Ocinomled Ltd., Branko Turcinovic, Dennis Turcinovic withJURY DEMAND.Document filed by Ferdo Grgurev, Omer Grgurev. Relateddocument: 1 Complaint, filed by 50/50 Restaurant Corp., Ocinomled Ltd., FerdoGrgurev, Omer Grgurev.(Simonian, Maryaneh) Modified on 2/29/2016 (moh).(Entered: 02/26/2016)

02/19/2016 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATEJUDGE. The referral in the above entitled action has been reassigned to MagistrateJudge Barbara C. Moses, for Settlement. Magistrate Judge Debra C. Freeman nolonger referred to the case. (ad) (Entered: 02/19/2016)

02/19/2016 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The aboveentitled action has been redesignated to Magistrate Judge Barbara Moses. Please notethat this is a reassignment of the designation only. (ad) (Entered: 02/19/2016)

02/18/2016 22 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referredto the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred toMagistrate Judge Debra C. Freeman. (Signed by Judge Gregory H. Woods on2/18/2016) (kko) (Entered: 02/18/2016)

02/18/2016 21 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties donot consent to conducting all further proceedings before a United States MagistrateJudge, including motions and trial. This case is to be tried to a jury. Present bestestimate of the length of trial is 4−5 days. Motions due by 9/15/2016. Deposition dueby 5/26/2016. Fact Discovery due by 6/30/2016. Expert Discovery due by 8/15/2016.Status Conference set for 8/22/2016 at 04:00 PM before Judge Gregory H. Woods.(Signed by Judge Gregory H. Woods on 2/18/2016) (kko) (Entered: 02/18/2016)

02/18/2016 Minute Entry for proceedings held before Judge Gregory H. Woods: Initial PretrialConference held on 2/18/2016. (Daniels, Anthony) (Entered: 02/18/2016)

02/12/2016 20 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, byand between the undersigned counsel for all parties that: Plaintiffs shall file and servethe Amended Complaint on or before February 26, 2016; Defendants shall answer,move or otherwise respond to the Amended Complaint on or before March 18, 2016;and Plaintiffs shall answer, move or otherwise respond to Defendants' Counterclaimson or before April 1, 2016. SO ORDERED. Ferdo Grgurev answer due 4/1/2016;Omer Grgurev answer due 4/1/2016. (Amended Pleadings due by 2/26/2016.) (Signedby Judge Gregory H. Woods on 2/12/2016) (kko) (Entered: 02/16/2016)












02/11/2016 19 JOINT LETTER addressed to Judge Gregory H. Woods from Jamie M. Brickell dated2−11−16 re: Ocinomled, Ltd., et. al. v. Licul, et al., 1:15−cv−9805−GHW. Documentfiled by 50/50 Restaurant Corp., Ferdo Grgurev, Omer Grgurev, OcinomledLtd..(Simonian, Maryaneh) (Entered: 02/11/2016)

02/05/2016 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice toattorney Alan C Trachtman. The following party/parties (Counter Claimants)have been removed from this case: 268 SH Restaurant Corp., Dennis Turcinovic,268 SH Realty Corp., Delmonico's Distribution LLC, and Five "M" Corp. Theparties were added to the case in error. (ldi) (Entered: 02/05/2016)

02/05/2016 18 ANSWER to 1 Complaint,., COUNTERCLAIM against Ferdo Grgurev, OmerGrgurev. Document filed by Dennis Turcinovic, 268 SH Realty Corp., 268 SHRestaurant Corp., Milan Licul, Delmonico's Distribution LLC, Branko Turcinovic,Five "M" Corp..(Trachtman, Alan) (Entered: 02/05/2016)

02/05/2016 17 FILING ERROR − DEFICIENT DOCKET ENTRY − ANSWER to Complaint.,COUNTERCLAIM against Ferdo Grgurev, Omer Grgurev. Document filed by 268 SHRestaurant Corp., Dennis Turcinovic, 268 SH Realty Corp., Milan Licul, 50/50Restaurant Corp., Delmonico's Distribution LLC, Branko Turcinovic, Five "M"Corp..(Trachtman, Alan) Modified on 2/5/2016 (ldi). (Entered: 02/05/2016)

02/05/2016 16 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by Five "M" Corp..(Trachtman, Alan) (Entered: 02/05/2016)

02/05/2016 15 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by 268 SH Restaurant Corp..(Trachtman, Alan) (Entered: 02/05/2016)

02/05/2016 14 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by 268 SH Realty Corp..(Trachtman, Alan) (Entered: 02/05/2016)

02/05/2016 13 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by Delmonico's Distribution LLC.(Trachtman, Alan) (Entered:02/05/2016)

02/05/2016 12 NOTICE OF APPEARANCE by Alan C Trachtman on behalf of 268 SH Realty Corp.,268 SH Restaurant Corp., 50/50 Restaurant Corp., Delmonico's Distribution LLC, Five"M" Corp., Milan Licul, Branko Turcinovic, Dennis Turcinovic. (Trachtman, Alan)(Entered: 02/05/2016)

01/11/2016 11 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, byand between the undersigned counsel for all parties that the time for all Defendants toanswer, move or otherwise respond to Plaintiffs' Complaint is extended to andincluding February 5, 2016. SO ORDERED. 268 SH Realty Corp. answer due2/5/2016; 268 SH Restaurant Corp. answer due 2/5/2016; Delmonico's DistributionLLC answer due 2/5/2016; Five "M" Corp. answer due 2/5/2016; Milan Licul answerdue 2/5/2016; Branko Turcinovic answer due 2/5/2016; Dennis Turcinovic answer due2/5/2016. (Signed by Judge Gregory H. Woods on 1/11/2016) (kko) (Entered:01/11/2016)

12/22/2015 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for2/18/2016 at 10:00 AM in Courtroom 12C, U.S. Courthouse, 500 Pearl Street, NewYork, NY 10007 before Judge Gregory H. Woods, and as further set forth in thisOrder. (Signed by Judge Gregory H. Woods on 12/22/2015) (rjm) (Entered:12/22/2015)

12/17/2015 9 NOTICE OF APPEARANCE by Jamie Mark Brickell on behalf of 50/50 RestaurantCorp., Ferdo Grgurev, Omer Grgurev, Ocinomled Ltd.. (Brickell, Jamie) (Entered:12/17/2015)

12/17/2015 8 ELECTRONIC SUMMONS ISSUED as to 268 SH Realty Corp., 268 SH RestaurantCorp., Delmonico's Distribution LLC, Five "M" Corp., Milan Licul, BrankoTurcinovic, Dennis Turcinovic. (pc) (Entered: 12/17/2015)

12/17/2015 Case Designated ECF. (pc) (Entered: 12/17/2015)

12/17/2015 Magistrate Judge Debra C. Freeman is so designated. (pc) (Entered: 12/17/2015)














12/17/2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action isassigned to Judge Gregory H. Woods. Please download and review the IndividualPractices of the assigned District Judge, located athttp://nysd.uscourts.gov/judges/District. Attorneys are responsible for providingcourtesy copies to judges where their Individual Practices require such. Pleasedownload and review the ECF Rules and Instructions, located athttp://nysd.uscourts.gov/ecf_filing.php. (pc) (Entered: 12/17/2015)

12/17/2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICALERROR CORRECTION: Notice to attorney Maryaneh Mona Simonian. Thefollowing case opening statistical information was erroneously selected/entered:Cause of Action code 15:44; Fee Status code due (due). The followingcorrection(s) have been made to your case entry: the Cause of Action code hasbeen modified to 15:1121; the Fee Status code has been modified to pd (paid). (pc)(Entered: 12/17/2015)

12/17/2015 7 AO 120 FORM TRADEMARK − CASE OPENING − SUBMITTED. In compliancewith the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and TrademarkOffice is hereby advised that a court action has been filed on the followingtrademark(s) in the U.S. District Court Southern District of New York. Director of theU.S. Patent and Trademark Office electronically notified via Notice of ElectronicFiling (NEF). (pc) (Entered: 12/17/2015)

12/17/2015 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Noticeto attorney Maryaneh Mona Simonian. The party information for the followingparty/parties has been modified: Ferdo Grurev and 268 Realty Corp.. Theinformation for the party/parties has been modified for the followingreason/reasons: party name contained a typographical error. (pc) (Entered:12/17/2015)

12/16/2015 6 AO 120 FORM TRADEMARK − NOTICE OF SUBMISSION BY ATTORNEY. AO120 Form Patent/Trademark for case opening submitted to court for review.(Simonian,Maryaneh) (Entered: 12/16/2015)

12/16/2015 5 REQUEST FOR ISSUANCE OF SUMMONS as to Milan Licul, Branko Turcinovic,Dennis Turcinovic, Five "M" Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, 268 SH Realty Corp., re: 1 Complaint,. Document filed by 50/50Restaurant Corp., Omer Grgurev, Ferdo Grurev, Ocinomled Ltd.. (Simonian,Maryaneh) (Entered: 12/16/2015)

12/16/2015 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by 50/50 Restaurant Corp..(Simonian, Maryaneh) (Entered:12/16/2015)

12/16/2015 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by Ocinomled Ltd..(Simonian, Maryaneh) (Entered: 12/16/2015)

12/16/2015 2 CIVIL COVER SHEET filed. (Simonian, Maryaneh) (Entered: 12/16/2015)

12/16/2015 1 COMPLAINT against 268 Realty Corp., 268 SH Restaurant Corp., Delmonico'sDistribution LLC, Five "M" Corp., Milan Licul, Branko Turcinovic, DennisTurcinovic. (Filing Fee $ 400.00, Receipt Number 0208−11744454)Document filed byFerdo Grurev, 50/50 Restaurant Corp., Omer Grgurev, Ocinomled Ltd.. (Attachments:# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Simonian, Maryaneh) (Entered:12/16/2015)

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