Here is the Pacer record for the action:
PACER session date: Thursday July 16, 1998 10:31:44 PM EDT
Case docket was last updated on: 07/16/98.
Docket as of July 16, 1998 8:13 pm Page 1
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
U.S. District Court
New York Eastern (Uniondale)
CIVIL DOCKET FOR CASE #: 98-CV-410
Lyons Partnership v. A Plus Parties Inc, et al Filed: 01/23/98
Assigned to: Judge Joanna Seybert
Referred to: Magistrate Viktor V. Pohorelsky
Demand: $0,000 Nature of Suit: 840
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:1114 Trademark Infringement
LYONS PARTNERSHIP, L.P., a Brian W. Brokate
Texas limited partnership [COR LD NTC ret]
plaintiff Gibney, Anthony & Flaherty
665 Fifth Avenue
New York, NY 10022
(212) 688-5151
v.
A PLUS PARTIES, INC.
defendant
SUSAN KAISERMAN
defendant
CARTINI ENTERPRISES, INC.
dba
American Halloween & Novelty
Shop
defendant
[term 06/25/98]
PHILIP PIACENTINI
defendant
[term 06/25/98]
HOWARD CARSON
defendant
[term 06/25/98]
CAZZ PRODUCTIONS (INC.)
Docket as of July 16, 1998 8:13 pm Page 2
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
defendant
ALBON CASTILLO
defendant
D. ROBBINS & CO., INC.
dba
E-Z Magic
defendant
PAUL FRIED
defendant
HAVIN A PARTY, INC.
defendant
KJTL, INC.
dba
Party Fair
defendant
LAWRENCE ENTEL
defendant
MARVIN LEVY
defendant
IRA LEVY
defendant
[term 07/09/98]
PARTY KIDZ
defendant
ELLEN JACOBS
dba
Party Party
defendant
PARTY PEOPLE, INC.
defendant
Docket as of July 16, 1998 8:13 pm Page 3
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
ARLENE CHAIT
defendant
SEND IN THE CLOWNS
ENTERTAINMENT CORPORATION
defendant
[term 04/20/98]
GARY PINCUS
defendant
[term 04/20/98]
BRENDA PINCUS
defendant
[term 04/20/98]
LENORE ATKINSON
dba
Shh Pow-Pow & Company
defendant
STEVEALI, INC.
dba
Party Fair
defendant
[term 07/09/98]
EILEEN LEVY
defendant
[term 07/09/98]
THAT'S ENTERTAINMENT OF LONG
ISLAND, INC.
defendant
NICK MARGINELLI
defendant
BUY A WRIGHT HEAD, INC.
dba
Wright Heads
defendant
[term 04/20/98]
Docket as of July 16, 1998 8:13 pm Page 4
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
ELIZABETH WRIGHT
defendant
[term 04/20/98]
HEART BEAT ENTERTAINMENT, INC.
dba
Equinox Entertainment
defendant
JOE SAMINA
defendant
KIDS N MOTION, INC.
defendant
ROBIN LONDON
defendant
PURPLE PICKLE PARTY PEOPLE,
INC.
defendant
STEVEN GOLDGELL
defendant
BARBARA LOTTERSTEIN
defendant
RONALD DIAMOND
dba
Ronjo's
defendant
SCOTT'S MAGIC & ENTERTAINMENT
COMPANY, INC.
defendant
[term 07/09/98]
THE HOUSE OF HOCUS POCUS, INC.
defendant
DAVID LEMPEL
defendant
Docket as of July 16, 1998 8:13 pm Page 5
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
TINA'S COSTUME CHARACTERS,
INC.
defendant
TINA COSPANTINO
defendant
COSTUMES OF SUFFOLK, INC.
defendant
[term 07/09/98]
SHIRLEY PAINTER
defendant
[term 07/09/98]
HALE PARTY CORP.
dba
Party World
defendant
DOUGLAS HALE
defendant
HAVIN' A PARTY, INC.
defendant
LARRY YOUNGSTEIN
defendant
ROBIN YOUNGSTEIN
defendant
JOHN DOE NO. 1
defendant
JOHN DOE NO. 2
dba
ABA Clowns
defendant
[term 04/20/98]
Docket as of July 16, 1998 8:13 pm Page 6
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
JOHN DOE NO. 3
dba
Help You Celebrate
defendant
JOHN DOE NO. 4
dba
J&J Entertainment
defendant
JOHN DOE NO. 5
dba
Performance
defendant
JOHN DOE NO. 6
dba
World of Entertainment
defendant
JOHN DOE NO. 7
dba
Hollywood Party
defendant
Docket as of July 16, 1998 8:13 pm Page 7
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
1/23/98 1 COMPLAINT filed and summons(es) issued for A Plus Parties
Inc, Susan Kaiserman, Cartini Enterprises, Philip
Piacentini, Howard Carson, Cazz Productions, Albon
Castillo, D Robbins & Co, Paul Fried, Havin Party Inc, KJTL
Inc, Lawrence Entel, Marvin Levy, Ira Levy, Party Kidz,
Ellen Jacobs, Party People Inc, Arlene Chait, Send In
Clowns Enter, Gary Pincus, Brenda Pincus, Lenore Atkinson,
Steveali, Inc., Eileen Levy, That's Entertainment, Nick
Marginelli, Buy A Wright Head, Elizabeth Wright, Heart Beat
Entertain, Joe Samina, Kids N Motion, Inc., Robin London,
Purple Pickle Party, Steven Goldgell, Barbara Lotterstein,
Ronald Diamond, Scott's Magic Entert, House Hocus Pocus,
David Lempel, Tina's Costume Chara, Tina Cospantino,
Costumes of Suffolk, Shirley Painter, Hale Party Corp.,
Douglas Hale, Havin' A Party, Larry Youngstein, Robin
Youngstein, John Doe No. 1, John Doe No. 2, John Doe No. 3,
John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe
No. 7 FILING FEE $ 150.00 RECEIPT # 203083 (jjt)
[Entry date 01/26/98]
3/27/98 2 STIPULATION & ORDER extending time to answer, respond, &
make a motion with respect to the summons & complaint
reset answer due for 4/15/98 for Havin' A Party, for Larry
Youngstein, for Robin Youngstein (signed by Judge Joanna
Seybert, dated 3/27/98) c/m (lms) [Entry date 04/01/98]
3/27/98 3 STIPULATION & ORDER extending time to answer, move or
respond to the complaint reset answer due for 4/15/98 for
KJTL Inc, for Lawrence Entel, for Marvin Levy, for Ira
Levy (signed by Judge Joanna Seybert, dated 3/27/98) c/m
(lms) [Entry date 04/01/98]
3/27/98 4 LETTER dated 3/27/98 from Marc Ragovin to Clerk of the
Court RE: We are Local Counsel to Lyons Partnership, L.P.
in this matter. We are filing a copy of pltff's motion for
transfer & consolidation, copies of motions for transfer of
an action or actions pursuant to 28 USC 1407 shall be filed
in each USDC in which an action is pending that will be
affected by the motion. (lms) [Entry date 04/01/98]
3/27/98 5 MOTION by Lyons Partnership to transfer case to
consolidate cases Motion hearing (lms) [Entry date 04/01/98]
3/27/98 8 MEMORANDUM OF POINTS & AUTHORITIES by Lyons Partnership in
support of [5-1] motion to transfer case (lms)
[Entry date 04/16/98]
3/27/98 9 DECLARATION of Susan D. Resley on behalf of Lyons
Partnership in support of [5-1] motion to transfer case (lms)
[Entry date 04/16/98]
Docket as of July 16, 1998 8:13 pm Page 8
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
4/7/98 6 STIPULATION & ORDER extending time to answer or respond to
the complaint reset answer due for 4/10/98 for Kids N
Motion, Inc. (signed by Judge Joanna Seybert, dated
4/7/98) c/m (lms) [Entry date 04/09/98]
4/9/98 7 STIPULATION & ORDER extending time to answer or respond to
the complaint reset answer due for 4/10/98 for Kids N
Motion, Inc. (signed by Judge Joanna Seybert, dated
4/9/98) c/m (lms) [Entry date 04/13/98]
4/17/98 17 STIPULATION & ORDER extending time to answer, respond, or
move with respect to the complaint reset answer due for
5/10/98 for Havin' A Party, for Larry Youngstein, for Robin
Youngstein (signed by Judge Joanna Seybert, dated 4/17/98)
c/m (lms) [Entry date 04/22/98]
4/20/98 10 NOTICE of voluntary dismissal of this action as against
Elizabeth Wright without prejudice. (lms)
[Entry date 04/22/98]
4/20/98 11 NOTICE of voluntary dismissal of this action as against Buy
A Wright Head, Inc. without prejudice (lms)
[Entry date 04/22/98]
4/20/98 12 NOTICE of voluntary dismissal of this action as against
Gary Pincus without prejudice. (lms) [Entry date 04/22/98]
4/20/98 13 NOTICE of voluntary dismissal of this action as against
Brenda Pincus without prejudice (lms) [Entry date 04/22/98]
4/20/98 14 NOTICE of voluntary dismissal of this action as against
Send In The Clowns Entertainment Corporation without
prejudice. (lms) [Entry date 04/22/98]
4/20/98 15 NOTICE of voluntary dismissal of this aciton as against ABA
Clowns without prejudice. (lms) [Entry date 04/22/98]
4/20/98 16 CERTIFICATE OF SERVICE of Marc Ragovin that copies of the
Notices of Voluntary Dismissal of defts ABA Clowns, Send In
The Clowns Entertainment Corporation, Brenda Pincus, Gary
Pincus, Buy A Wright Head, Inc., & Elizabeth Wright were
served by first class mail on 4/20/98 upon Alfred Rohls,
Steven Hoss, Hollywood Parties, Inc., Ben Katz, Dean
Milber, Nick Marginelli, That's Entertainment of Long
Island, Inc., A Plus Parties, Susan Kaiserman, Howard
Carson, Philip Piacentini, Cartini Enterprises, Inc.,
Douglas Hale, Hale Party Corp. Paul Fried, D. Robbins &
CCo., Inc., Joe Samina, Heart Beat Entertainment, Party
Kidz, Ellen Jacobs, Purple Pickle Party People, Inc.,
Scott's Magic Entertainment Company, Inc., Ronald Diamond,
Lenore Atkinson, David Lempel, The House of Hocus Pocus,
Inc., John Doe No. 6, John Doe No. 1, & Kevin Kishlicky.
(lms) [Entry date 04/22/98]
Docket as of July 16, 1998 8:13 pm Page 9
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
4/20/98 18 STIPULATION & ORDER extending time to answer, respond, or
move with respect to the complaint reset answer due for
5/10/98 for KJTL Inc, for Lawrence Entel, for Marvin Levy,
for Ira (signed by Judge Joanna Seybert, dated 4/20/98) c/m
(lms) [Entry date 04/22/98]
4/24/98 19 STIPULATION & ORDER - extending time to answer the
complaint reset answer due for 4/28/98 for Kids N Motion,
Inc. (signed by Judge Joanna Seybert, dated 4/24/98) c/m
(lms) [Entry date 04/27/98]
4/24/98 20 RETURN OF SERVICE executed as to A Plus Parties Inc 4/3/98
Answer due on 4/23/98 for A Plus Parties Inc (lms)
[Entry date 04/29/98]
4/24/98 21 RETURN OF SERVICE executed as to Susan Kaiserman 4/3/98
Answer due on 4/23/98 for Susan Kaiserman (lms)
[Entry date 04/29/98]
4/24/98 22 RETURN OF SERVICE executed as to Howard Carson 4/7/98
Answer due on 4/27/98 for Howard Carson (lms)
[Entry date 04/29/98]
4/24/98 23 RETURN OF SERVICE executed as to Philip Piacentini 4/7/98
Answer due on 4/27/98 for Philip Piacentini (lms)
[Entry date 04/29/98]
4/24/98 24 RETURN OF SERVICE executed as to Cartini Enterprises 4/7/98
Answer due on 4/27/98 for Cartini Enterprises (lms)
[Entry date 04/29/98]
4/24/98 25 RETURN OF SERVICE executed as to Hale Party Corp. 4/1/98
Answer due on 4/21/98 for Hale Party Corp. (lms)
[Entry date 04/29/98]
4/24/98 26 RETURN OF SERVICE executed as to Douglas Hale 4/1/98 Answer
due on 4/21/98 for Douglas Hale (lms) [Entry date 04/29/98]
4/24/98 27 RETURN OF SERVICE executed as to Paul Fried 4/1/98 Answer
due on 4/21/98 for Paul Fried (lms) [Entry date 04/29/98]
4/24/98 28 RETURN OF SERVICE executed as to D Robbins & Co 4/1/98
Answer due on 4/21/98 for D Robbins & Co (lms)
[Entry date 04/29/98]
4/24/98 29 RETURN OF SERVICE executed as to Joe Samina 3/30/98 Answer
due on 4/19/98 for Joe Samina (lms) [Entry date 04/29/98]
4/24/98 30 RETURN OF SERVICE executed as to Heart Beat Entertain
3/30/98 Answer due on 4/19/98 for Heart Beat Entertain (lms)
[Entry date 04/29/98]
4/24/98 31 RETURN OF SERVICE executed as to Party Kidz 4/2/98 Answer
due on 4/22/98 for Party Kidz (lms) [Entry date 04/29/98]
Docket as of July 16, 1998 8:13 pm Page 10
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
4/24/98 32 RETURN OF SERVICE executed as to Ellen Jacobs 3/31/98
Answer due on 4/20/98 for Ellen Jacobs (lms)
[Entry date 04/29/98]
4/24/98 33 RETURN OF SERVICE executed as to Purple Pickle Party
3/30/98 Answer due on 4/19/98 for Purple Pickle Party (lms)
[Entry date 04/29/98]
4/24/98 34 RETURN OF SERVICE executed as to Scott's Magic Entert
3/30/98 Answer due on 4/19/98 for Scott's Magic Entert (lms)
[Entry date 04/29/98]
4/24/98 35 RETURN OF SERVICE executed as to Ronald Diamond 4/1/98
Answer due on 4/21/98 for Ronald Diamond (lms)
[Entry date 04/29/98]
4/24/98 36 RETURN OF SERVICE executed as to Lenore Atkinson 3/30/98
Answer due on 4/19/98 for Lenore Atkinson (lms)
[Entry date 04/29/98]
4/24/98 37 RETURN OF SERVICE executed as to David Lempel 3/31/98
Answer due on 4/20/98 for David Lempel (lms)
[Entry date 04/29/98]
4/24/98 38 RETURN OF SERVICE executed as to House Hocus Pocus 3/31/98
Answer due on 4/20/98 for House Hocus Pocus (lms)
[Entry date 04/29/98]
4/24/98 39 RETURN OF SERVICE executed as to John Doe No. 6 4/9/98
Answer due on 4/29/98 for John Doe No. 6 (lms)
[Entry date 04/29/98]
4/24/98 40 RETURN OF SERVICE executed as to John Doe No. 1 3/30/98
Answer due on 4/19/98 for John Doe No. 1 (lms)
[Entry date 04/29/98]
4/24/98 41 RETURN OF SERVICE executed as to Party Kidz 4/2/98 Answer
due on 4/22/98 for Party Kidz (lms) [Entry date 04/29/98]
4/24/98 42 WAIVER OF SERVICE Returned Executed as to Robin London
1/25/98 Answer due on 3/26/98 for Robin London (lms)
[Entry date 04/29/98]
4/24/98 43 WAIVER OF SERVICE Returned Executed as to Lawrence Entel
3/18/98 Answer due on 5/17/98 for Lawrence Entel (lms)
[Entry date 04/29/98]
4/24/98 44 WAIVER OF SERVICE Returned Executed as to KJTL Inc
3/18/98 Answer due on 5/17/98 for KJTL Inc (lms)
[Entry date 04/29/98]
4/24/98 45 WAIVER OF SERVICE Returned Executed as to Marvin Levy
3/18/98 Answer due on 5/17/98 for Marvin Levy (lms)
Docket as of July 16, 1998 8:13 pm Page 11
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
[Entry date 04/29/98]
4/24/98 46 WAIVER OF SERVICE Returned Executed as to Ira Levy
3/18/98 Answer due on 5/17/98 for Ira Levy (lms)
[Entry date 04/29/98]
4/24/98 47 WAIVER OF SERVICE Returned Executed as to Nick Marginelli
3/26/98 Answer due on 5/25/98 for Nick Marginelli (lms)
[Entry date 04/29/98]
4/24/98 48 WAIVER OF SERVICE Returned Executed as to Larry Youngstein
3/18/98 Answer due on 5/17/98 for Larry Youngstein (lms)
[Entry date 04/29/98]
4/24/98 49 WAIVER OF SERVICE Returned Executed as to Robin Youngstein
3/18/98 Answer due on 5/17/98 for Robin Youngstein (lms)
[Entry date 04/30/98]
4/24/98 50 WAIVER OF SERVICE Returned Executed as to Havin' A Party
3/18/98 Answer due on 5/17/98 for Havin' A Party (lms)
[Entry date 04/30/98]
4/24/98 51 WAIVER OF SERVICE Returned Executed as to Steveali, Inc.
3/19/98 Answer due on 5/18/98 for Steveali, Inc. (lms)
[Entry date 04/30/98]
4/24/98 52 WAIVER OF SERVICE Returned Executed as to Ira Levy
3/19/98 Answer due on 5/18/98 for Ira Levy (lms)
[Entry date 04/30/98]
4/24/98 53 WAIVER OF SERVICE Returned Executed as to Eileen Levy
3/19/98 Answer due on 5/18/98 for Eileen Levy (lms)
[Entry date 04/30/98]
4/24/98 54 WAIVER OF SERVICE Returned Executed as to Tina Cospantino
1/26/98 Answer due on 3/27/98 for Tina Cospantino (lms)
[Entry date 04/30/98]
4/24/98 55 WAIVER OF SERVICE Returned Executed as to Tina's Costume
Chara 1/26/98 Answer due on 3/27/98 for Tina's Costume
Chara (lms) [Entry date 04/30/98]
4/24/98 56 WAIVER OF SERVICE Returned Executed as to Shirley Painter
2/23/98 Answer due on 4/24/98 for Shirley Painter (lms)
[Entry date 04/30/98]
4/28/98 73 LETTER dated 4/27/98 from Marc Ragovin to Judge Seybert RE:
Enclosed are the orginal and a copy of Notive of Motion of
Lyon's Partnerships to Stay Proceedings; Declaration of
Ralpy Sutton in Supprt of Motion; Memorandum of Law in
Supprt; and Proposed Order granting motion. (jjt)
[Entry date 06/02/98]
Docket as of July 16, 1998 8:13 pm Page 12
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
4/28/98 74 MOTION by Lyons Partnership to stay proceedings pending
order on transfer and consolidation by the Judicial Panel
on Multi-District Litigation, No Motion hearing (jjt)
[Entry date 06/02/98]
4/28/98 75 MEMORANDUM by Lyons Partnership in support of [74-1] motion
to stay proceedings pending order on transfer and
consolidation by the Judicial Panel on Multi-District
Litigation (jjt) [Entry date 06/02/98]
4/28/98 76 AFFIDAVIT of Ralph J. Sutton on behalf of Lyons Partnership
in support of Re: [74-1] motion to stay proceedings pending
order on transfer and consolidation by the Judicial Panel
on Multi-District Litigation (jjt) [Entry date 06/02/98]
4/28/98 77 PROPOSED ORDER granting pltf's motion to stay proceedings
(jjt) [Entry date 06/02/98]
4/28/98 78 CERTIFICATE OF SERVICE by Lyons Partnership of Notice of
Motion to Stay; Declaration of Ralph J. Sutton; Pltf's
Memorandum in Support; and Proposed Order. (jjt)
[Entry date 06/02/98]
4/30/98 57 STIPULATION & ORDER extending time to answer the complaint
reset answer due for 5/15/98 for House Hocus Pocus, for
David Lempel (signed by Judge Joanna Seybert, dated
4/30/98) c/m (lms) [Entry date 05/04/98]
5/4/98 58 STIPULATION & ORDER extending time to answer the
complaint reset answer due for 5/8/98 for Kids N Motion,
Inc. (signed by Judge Joanna Seybert, dated 5/4/98) c/m (lms)
[Entry date 05/05/98]
5/11/98 59 STIPULATION & ORDER extending time to answer or respond to
the complaint reset answer due for 5/20/98 for Kids N
Motion, Inc. (signed by Judge Joanna Seybert, dated
5/11/98) c/m (lms) [Entry date 05/13/98]
5/18/98 60 LETTER dated 5/14/98 from Tom Ferber to Judge Seybert RE: I
write with permission of pltffs counsel simply to advise
the court that Mr. Sutton & I have agreed upon settlement
terms with respect to our clients. In light of the
settlement, therefore, Kids N Motion & Robin London will
not be responding to the complaint of pltff's motion with
respect to the MDL. (lms) [Entry date 05/19/98]
5/19/98 61 STIPULATION & ORDER extending time to answer the summons &
complaint reset answer due for 6/10/98 for Havin Party
Inc, for Larry Youngstein, for Robin (signed by Judge
Joanna Seybert, dated 5/19/98) c/m (lms)
[Entry date 05/22/98]
Docket as of July 16, 1998 8:13 pm Page 13
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
5/19/98 62 STIPULATION & ORDER extending time to answer, respond or
make a motion with respect to the summons & complaint
reset answer due for 6/15/98 for House Hocus Pocus, for
David Lempel (signed by Judge Joanna Seybert, dated
5/19/98) c/m (lms) [Entry date 05/22/98]
5/20/98 64 STIPULATION & ORDER extending time to answer & or make a
motion with respect to the summons & complaint in this
action reset answer due for 6/10/98 for KJTL Inc, for
Lawrence Entel, for Ira Levy (signed by Judge Joanna
Seybert, dated 5/20/98) c/m (lms) [Entry date 05/27/98]
5/21/98 65 RETURN OF SERVICE executed as to Albon Castillo 4/16/98
Answer due on 5/6/98 for Albon Castillo (lms)
[Entry date 05/29/98]
5/21/98 66 RETURN OF SERVICE executed as to Cazz Productions 4/16/98
Answer due on 5/6/98 for Cazz Productions (lms)
[Entry date 05/29/98]
5/21/98 67 RETURN OF SERVICE executed as to John Doe No. 3 d/b/a Help
You Celebrate a/k/a Help "U" Celebrate Of New York Inc.
4/21/98 Answer due on 5/11/98 for John Doe No. 3 (lms)
[Entry date 05/29/98]
5/21/98 68 RETURN OF SERVICE executed as to John Doe No. 4 d/b/a J&J
Entertainment a/k/a Jodi Lynn Guagliardo Mazza d/b/a J&J
Entertainment 4/27/98 Answer due on 5/17/98 for John Doe
No. 4 (lms) [Entry date 05/29/98]
5/21/98 69 RETURN OF SERVICE executed as to John Doe No. 5 d/b/a
Performance a/k/a Performance Dance Wear, Inc. 5/4/98
Answer due on 5/24/98 for John Doe No. 5 (lms)
[Entry date 05/29/98]
5/21/98 70 RETURN OF SERVICE executed as to Arlene Chait 5/6/98 Answer
due on 5/26/98 for Arlene Chait (lms) [Entry date 05/29/98]
5/21/98 71 RETURN OF SERVICE executed as to Party People Inc 5/6/98
Answer due on 5/26/98 for Party People Inc (lms)
[Entry date 05/29/98]
5/22/98 63 LETTER dated 5/22/98 from Marc Ragovin to Judge Seybert RE:
Enclosing a copy of a scheduling order issued by the
Judicial Panel on MDL. This scheduling order indicates that
papers opposing pltff's motion for transfer of action (to
the MDL Panel) were due on 5/20/98. (lms)
[Entry date 05/27/98]
6/1/98 72 RETURN OF SERVICE executed as to Barbara Lotterstein
5/21/98 Answer due on 6/10/98 for Barbara Lotterstein (lms)
6/1/98 79 AFFIDAVIT OF MAILING by John DiCanio on behalf of Lyons
Partnership (jjt) [Entry date 06/02/98]
Docket as of July 16, 1998 8:13 pm Page 14
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
6/1/98 80 STIPULATION & ORDER extending time to answer, appear, move
or otherwise respond to the complaint set answer due for
6/12/98 for D Robbins & Co, for Paul Fried (signed by
Judge Joanna Seybert, dated 6/1/98) c/m (lms)
[Entry date 06/11/98]
6/1/98 81 ORDER granting [74-1] motion to stay proceedings pending
order on transfer and consolidation by the Judicial Panel
Multi-District Litigation - ORDERED that, subject to the
below provisions, all proceedings in this acion are stayed
until further order of the court; that the stay of
proceedings shall not apply to pltff's motions to recover
service costs, pursuant to Rule 4(d)(5), nor to defts'
oppositions, where appropriate; that the pltff is directed
to serve this order upon all defts within 30 days of this
order. Service & proof of service shall be made as provided
in Rules 5 & 6 of the FRCP. (signed by Judge Joanna
Seybert, dated 6/1/98) c/m (lms) [Entry date 06/11/98]
6/8/98 82 REQUEST/STIPULATION for extension of time to answer the
complaint from pltff & defts. {Stipulation NOT signed by
Judge Seybert as there is an order staying this action
pending order on transfer & consolidation by the Judicial
Panel on MDL} (lms) [Entry date 06/15/98]
6/8/98 83 REQUEST/STIPULATION for extension of time to answer the
complaint from pltff & defts. {Stipulation NOT signed by
Judge Seybert, this action has been stayed pending order on
transfer & consolidation by the Judicial Panel on MDL} (lms)
[Entry date 06/15/98]
6/8/98 84 REQUEST/STIPULATION for extension of time to answer the
complaint from pltff & defts. {Stipulation NOT signed by
Judge Seybert, this action is stayed pending order on
transfer & consolidation by the Judicial Panel on MDL} (lms)
[Entry date 06/15/98]
6/8/98 85 Notification to counsel that a hearing will take place on
7/24/98 @10:00, location on notice, to consider various
matters pursuant to 28USC1407 (sb) [Entry date 06/19/98]
6/10/98 89 CERTIFICATE OF SERVICE by Lyons Partnership of the Order
granting pltf's motion to stay proceedings. (jjt)
[Entry date 07/07/98]
6/11/98 86 STIPULATION/REQUEST for extension of time to answer with
respect to the complaint from D. Robbins & Co. Inc, & Paul
Fried to Judge Seybert. (Stipulation NOT signed by Judge
Seybert, action stayed pending order on transfer &
consolidation by the Judicial Panel on MDL) (lms)
[Entry date 06/22/98]
Docket as of July 16, 1998 8:13 pm Page 15
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
6/11/98 97 AFFIDAVIT OF SERVICE on Tammy McCormack previously unnamed
party deft. (lms) [Entry date 07/16/98]
6/25/98 87 STIPULATED PERMANENT INJUNCTION enjoining & restraining
defts, their officers, agents, servants, & any persons,
firms or corporations acting in concert with them. It is
stipulated & ordered that all adult size costumes in
American Halloween deft's possession which are likely to
cause others to believe that defts' unlicensed products are
connected with pltff or with pltff's genuine Barney, BJ, or
Baby Bop shall be surrendered to Lyons forthwith at
American Halloween defts; expense. If is further stipulated
& ordered that American Halloween defts shall promptly
inform Lyons of any change of business name, location or
ownership status. (lms) [Entry date 06/26/98]
6/25/98 88 STIPULATION of dismissal without prejudice as to Cartini
Enterprises, Inc. d/b/a American Halloween & Novelty Shop;
Philip Piacentini, & Howard Carson only, each party to bear
its own costs & fees. The parties further stipulate to the
jurisdiction of their Court over both the Stipulated
Permanent Injunction & the Settlement Agreement, & over any
actions filed to enforce either. (Signed by Judge Joanna
Seybert, dated 6/25/98) c/m (lms) [Entry date 06/26/98]
7/7/98 90 LETTER dated 7/6/98 from Marc Ragovin to Judge Seybert RE:
Enclosing for approval & filing are an original & copies of
Stipulated Permanent Injunctions & Notices of Voluntary
Dismissal with respect to Costumes of Suffolk, Inc.,
Shirley Painter, Steveali, Inc. d/b/a Party Fair; Eileen
Levy & Ira Levy & Scott Weisberg d/b/a Scott's Magic &
Scott's Magic Entertainment, Inc. (lms)
[Entry date 07/13/98]
7/9/98 91 STIPULATION & ORDER OF PERMANENT INJUNCTION - enjoining &
restraining defts their officers, agents, servants & any
persons firms or corporations acting in conert with them
from using Lyons' copyrights or trademarks or any
reproduction, counterfeit, copy, or colorable imitation of
said copyrights, trademarks, logos or trade dress in
connection with the advertising, improting, distributing,
manufacturing, sale or offering for sale of adult size
costumes, or in any manner likely to cause others to
believe that defts' unlicensed products are connected with
pltff or pltff's genuine Barney, BJ, or Baby Bop
characters. (See order for further details) (signed by
Judge Joanna Seybert, dated 7/9/98) c/m (lms)
[Entry date 07/13/98]
7/9/98 92 NOTICE of voluntary dismissal of Scott Weisberg d/b/a
Scott's Magic & Scott's Magic & Entertainment, Inc. without
prejudice. (Signed by Judge Seybert, dated 7/9/98) c/m (lms)
[Entry date 07/13/98]
Docket as of July 16, 1998 8:13 pm Page 16
Proceedings include all events.
9:98cv410 Lyons Partnership v. A Plus Parties Inc, et al
7/9/98 93 STIPULATION & ORDER for PERMANENT INJUNCTION - enjoining &
restraining Scott Weisberg d/b/a Scott's Magic; & Scott's
Magic & Entertainment, Inc., their officers, agents,
servants, & any persons, firms, or corporations acting in
concert with them from: Using Lyons' copyrights or
trademarks or any reproduction, counterfeit, copy or
colorable imitation of said copyrights, trademarks, logos
or trade dress in connection with the advertising,
importing, distributing, manufacturing, sale or offering
for sale of adult size costumes, or in any manner likely to
cause others to believe that deft's unlicensed products are
connected with pltff or pltff's genuine Barney, BJ, or Baby
Bop characters. (See order for further details) (signed by
Judge Joanna Seybert, dated 7/9/98) c/m (lms)
[Entry date 07/13/98]
7/9/98 94 NOTICE of voluntary dismissal of Steveali, Inc. d/b/a Party
Fair, Eileen Levy & Ira Levy without prejudice. (Signed by
Judge Seybert, dated 7/9/98) c/m (lms) [Entry date 07/13/98]
7/9/98 95 STIPULATION & ORDER for Permanent Injunction enjoining &
restraining defts Steveali, Inc. d/b/a Party Fair; Eileen
Levy & Ira Levy, their officers, agents, servants, & any
persons, firms or corporations acting in concert with them
from: Using Lyons' copyrights or trademarks or any
reproduction, counterfeit, copy of colorable imitation of
sais copyrights, trademarks, logos or trade dress in
connection with the advertising, importing, distributing,
manufacturing, sale or offering sale of adult size
costumes, or in any manner likely to cause others to
believe that deft's unlicensed products are connected with
pltff or pltff's genuine Barney, Baby Bop or BJ characters.
(See order for further details) (signed by Judge Joanna
Seybert, dated 7/9/98) c/m (lms) [Entry date 07/13/98]
7/9/98 96 NOTICE of voluntary dismissal of Costumes of Suffolk, Inc.
& Shirley Painter without prejudice (Signed by Judge
Seybert, dated 7/9/98) c/m (lms) [Entry date 07/13/98]
[END OF DOCKET: 9:98cv410]
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