Here is the Pacer record for the action:
PACER SESSION DATE: Thursday July 16, 1998 10:21:05 PM EDT
Docket as of July 9, 1998 11:50 pm Page 1
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
U.S. District Court
Southern District of New York - Civil Database (Foley Square)
CIVIL DOCKET FOR CASE #: 98-CV-475
Lyons Partnership v. AAA Entertainment, et al Filed: 01/23/98
Assigned to: Judge Deborah A. Batts Jury demand: Defendant
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]
plaintiff Gibney, Anthony & Flaherty,
L.L.P.
665 Fifth Avenue
New York, NY 10022
(212) 688-5151
Marc L. Ragovin
[COR LD NTC]
Kenneth David Suzan
[COR LD NTC]
Gibney, Anthony & Flaherty,
L.L.P.
665 Fifth Avenue
New York, NY 10022
(212) 688-5151
Charles G. Miller
[COR LD NTC]
Ralph J. Sutton
[COR LD NTC]
Bartko, Zankel, Tarrant &
Miller
A Professional Corporation
900 Front Street
Suite 300
San Francisco, CA 94111
(415) 956-1900
v.
AAA ENTERTAINMENT INC. Gerard F. Dunne
defendant [COR LD NTC]
Law Office of Gerard F. Dunne,
P.C.
156 Fifth Avenue, Suite 1223
Docket as of July 9, 1998 11:50 pm Page 2
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
New York, NY 10010
(212) 645-2410
ANTHONY GNAGARELLI Daniel M. Goldfarb
defendant [COR LD NTC]
Robin, Rome, Goldfarb & Lloyd
2 Broadway
New York, NY 10004
(212) 709-0300
Gerard F. Dunne
(See above)
[COR LD NTC]
GREAT AMERICAN MASQUERADE, GAG, Daniel M. Goldfarb
GIFT & GADGET SHOP, INC. (See above)
aka [COR LD NTC]
Wideworld Distributors
dba
Abracadabra
defendant
PAUL BLUM
defendant
ALLAN UNIFORM RENTAL SERVICE,
INC.
defendant
STUART BUSCH
defendant
SERALIE BILSKY
defendant
BUBBLE GUM PARTY ENTERTAINMENT
INC.
defendant
NINETTE SILVERMAN
defendant
FRANK BEE STORES, INC.
defendant
Docket as of July 9, 1998 11:50 pm Page 3
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
ARTHUR WAYNE BAKER
defendant
DOUGLAS BAKER
defendant
FRANKIE STEINZ COSTUMES, INC.
defendant
FRANKIE STEIN
defendant
FUNTIME AMUSEMENTS INC. Stephen E. Feldman
defendant [COR LD NTC]
Stephen E. Feldman, P.C.
12 East 41st Street
Suite 1302
New York, NY 10017
(212) 532-8585
JOHN A. IORIO, JR. Stephen E. Feldman
defendant (See above)
[COR LD NTC]
JAMOL NIK NAKS INC. William K. Kerrigan
dba [COR LD NTC]
Nik Naks Unlimited MacCartney, MacCartney,
defendant Kerrigan & MacCartney
13 North Broadway
P.O. Box 350
Nyack, NY 10960
914-358-0074
MITCHELL GRUICK William K. Kerrigan
defendant (See above)
[COR LD NTC]
TU-TU'S AND RICKLES FUN
FACTORY LTD.
dba
Let Us Entertain You
defendant
MARY REICHEL
Docket as of July 9, 1998 11:50 pm Page 4
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
defendant
STEVEN REICHEL
defendant
JOHN DOE
dba
Berlant's Fun Time
defendant
JOANNE DORME
dba
Bunch of Clowns
dba
Small World Entertainment
defendant
JODY PITARI
dba
Manhattan Costumes
fka
Englewood Costumes
defendant
JOHN GOLDSTEIN
dba
Marlu Costumes
defendant
JOHN DOE
dba
Party USA
defendant
========================
ANTHONY GNAGARELLI Daniel M. Goldfarb
cross-claimant [COR LD NTC]
Robin, Rome, Goldfarb & Lloyd
2 Broadway
New York, NY 10004
(212) 709-0300
GREAT AMERICAN MASQUERADE, GAG, Daniel M. Goldfarb
GIFT & GADGET SHOP, INC. (See above)
Docket as of July 9, 1998 11:50 pm Page 5
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
dba [COR LD NTC]
Abracadabra
aka
Wideworld Distributors
cross-claimant
v.
AAA ENTERTAINMENT INC.
cross-defendant
ANTHONY GNAGARELLI Daniel M. Goldfarb
cross-defendant [COR LD NTC]
Robin, Rome, Goldfarb & Lloyd
2 Broadway
New York, NY 10004
(212) 709-0300
ALLAN UNIFORM RENTAL SERVICE,
INC.
cross-defendant
STUART BUSCH
cross-defendant
SERALIE BILSKY
cross-defendant
BUBBLE GUM PARTY ENTERTAINMENT
INC.
cross-defendant
NINETTE SILVERMAN
cross-defendant
FRANK BEE STORES, INC.
cross-defendant
ARTHUR WAYNE BAKER
cross-defendant
DOUGLAS BAKER
cross-defendant
Docket as of July 9, 1998 11:50 pm Page 6
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
FRANKIE STEINZ COSTUMES, INC.
cross-defendant
FRANKIE STEIN
cross-defendant
FUNTIME AMUSEMENTS INC.
cross-defendant
JOHN A. IORIO, JR.
cross-defendant
JAMOL NIK NAKS INC.
dba
Nik Naks Unlimited
cross-defendant
MITCHELL GRUICK
cross-defendant
TU-TU'S AND RICKLES FUN
FACTORY LTD.
dba
Let Us Entertain You
cross-defendant
MARY REICHEL
cross-defendant
STEVEN REICHEL
cross-defendant
JOHN DOE
dba
Berlant's Fun Time
cross-defendant
JOANNE DORME
dba
Small World Entertainment
dba
Bunch of Clowns
Docket as of July 9, 1998 11:50 pm Page 7
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
cross-defendant
JODY PITARI
fka
Englewood Costumes
dba
Manhattan Costumes
cross-defendant
JOHN GOLDSTEIN
dba
Marlu Costumes
cross-defendant
JOHN DOE
dba
Party USA
cross-defendant
Docket as of July 9, 1998 11:50 pm Page 8
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
1/23/98 1 COMPLAINT filed; Summons issued and Notice pursuant to 28
U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 306687. (em)
[Entry date 01/26/98]
1/23/98 2 Rule 9 certificate filed by Lyons Partnership, L.P. (em)
[Entry date 01/26/98]
1/23/98 -- Magistrate Judge Dolinger is so Designated. (em)
[Entry date 01/26/98]
1/23/98 -- Mailed Form AO 120 to Commissioner of Patents and
Trademarks, Washington, D.C. (em) [Entry date 01/26/98]
3/24/98 3 NOTICE OF MOTION by Lyons Partnership to transfer case to
either the USDC for the Northern District of Texas or the
Southern District of California , Return date not
indicated; attached are papers in support (cd)
[Entry date 03/27/98]
3/31/98 4 ANSWER to complaint and CROSSCLAIM by Anthony Gnagarelli,
Great American Mas.; (Attorney Daniel M. Goldfarb); against
AAA Entertainment, Anthony Gnagarelli, Allan Uniform
Rental, Stuart Busch, Seralie Bilsky, Bubble Gum Party,
Ninette Silverman, Frank Bee Stores, Arthur Wayne Baker,
Douglas Baker, Frankie Steinz Cost., Frankie Stein, Funtime
Amusements, John A. Iorio Jr., Jamol Nik Naks Inc.,
Mitchell Gruick, Tu-Tu's and Rickles, Mary Reichel, Steven
Reichel, John Doe, Joanne Dorme, Jody Pitari, John
Goldstein, John Doe (ls) [Entry date 04/01/98]
3/31/98 5 Rule 1.9 certificate filed by Great American Mas., Paul
Blum (ls) [Entry date 04/01/98]
4/6/98 6 STIPULATION and ORDER, reset answer to complaint due for
4/14/98 for Funtime Amusements, for John A. Iorio Jr. (
signed by Deborah A. Batts ). (ae)
4/6/98 7 STIPULATION and ORDER, reset answer due for 4/15/98 for
Seralie Bilsky, for Stuart Busch, for Allan Uniform Rental
(signed by Judge Deborah A. Batts) (djc)
4/6/98 8 STIPULATION and ORDER, reset answer due for 4/13/98 for
Anthony Gnagarelli, and for AAA Entertainment ( signed by
Judge Deborah A. Batts ). (kw) [Entry date 04/07/98]
4/15/98 9 ANSWER to Complaint by AAA Entertainment, Anthony
Gnagarelli (Attorney Gerard F. Dunne) (sac)
[Entry date 04/16/98]
4/15/98 10 Rule 1.9 certificate filed by AAA Entertainment, Anthony
Gnagarelli (sac) [Entry date 04/16/98]
Docket as of July 9, 1998 11:50 pm Page 9
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
4/16/98 11 ANSWER to Complaint with Affirmative Defenses by Funtime
Amusements, John A. Iorio Jr. (Attorney Stephen E. Feldman);
jury demand (ae) [Entry date 04/17/98]
4/16/98 12 Rule 1.9 certificate filed by John A. Iorio Jr. (ae)
[Entry date 04/17/98]
4/16/98 13 Rule 1.9 certificate filed by Funtime Amusements (ae)
[Entry date 04/17/98]
4/24/98 14 STIPULATION and ORDER, reset answer due for 4/23/98 for
Frankie Stein, and for Frankie Steinz Costumes, Inc. (
signed by Judge Deborah A. Batts ). (kw)
[Entry date 04/27/98]
4/27/98 15 STIPULATION and ORDER; reset answer to the complt. due for
5/10/98 for Allan Uniform Rental, for Stuart Busch, for
Seralie Bilsky; ( signed by Judge Deborah A. Batts ). (ls)
4/28/98 16 NOTICE OF MOTION by Lyons Partnership for an order, to
stay proceedings pending order on transfer and
consolidation by the panel on multidistrict litigation;
Return date 4/28/98. Memorandum in support and Declaration
in support attached. (sac) [Entry date 04/30/98]
4/29/98 17 Filed Memo-Endorsement on letter by Daniel M. Goldbarb to
Judge Batts dated 4/27/98, Great American Masquerade's
response to motion reset to 5/8/98 for [16-1] motion for an
order, stay proceedings pending order on transfer and by
the panel on multidistrict litigation; reset to 5/8/98 for
[3-1] motion to transfer case to either the USDC for the
Northern District of Texas or the Southern District of
California ( signed by Judge Deborah A. Batts ) (ae)
[Entry date 04/30/98]
5/7/98 18 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO DEFTS'
BUBBLE GUM PARTY ENTERTAINMENT INC. AND NINETTE SILVERMANS'
ANSWER WITH AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS; that
the time for pltff Lyons Partnership, L.P. to respond to
defts' Bubble Gum Party Entertainment Inc and Ninette
Silvermans' Answer With Affirmative Defenses, and
Counterclaims is extended to 5/28/98; ( signed by Judge
Deborah A. Batts ). (ls) [Entry date 05/08/98]
[Edit date 05/15/98]
5/8/98 19 AFFIDAVIT in opposition of D. Goldfarb by Great American
Mas., Paul Blum Re: [16-1] motion for an order, to stay
proceedings pending order on transfer and consolidation by
the panel on multidistrict litigation (cd)
[Entry date 05/11/98]
5/8/98 20 REPLY by Lyons Partnership Re: [16-1] motion for an order,
to stay proceedings pending order on transfer and
consolidation by the panel on multidistrict litigation (cd)
Docket as of July 9, 1998 11:50 pm Page 10
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
[Entry date 05/11/98]
5/14/98 21 ANSWER to Complaint by Jamol Nik Naks Inc., Mitchell Gruick
(Attorney William K. Kerrigan); by attorney William K.
Kerrigan for defendant Mitchell Gruick (djc)
5/22/98 22 ORDER, for Leonard A. Snyder to appear pro hac vice as
counsel for defts, Frankie Steinz Costumes and Frankie
Stein ( signed by Judge Deborah A. Batts ); Copies mailed
(cd) [Entry date 05/26/98]
5/22/98 23 ORDER, Leonard A. Snyder, Esq. is granted admission to
this Court pro hac vice, as counsel for Defendants, Frankie
Steinz Costumes, Inc. and Frankie Stein ( signed by Judge
Deborah A. Batts ); Copies mailed (Forwarded to R.M. on
5/27/98) (kw) [Entry date 05/27/98]
5/26/98 24 WAIVER OF SERVICE Returned Executed as to John Goldstein
mailed on 1/27/98. Answer due on 3/30/98 for John Goldstein
(sac) [Entry date 05/27/98]
5/26/98 25 WAIVER OF SERVICE Returned Executed as to Seralie Bilsky
mailed on 1/27/98. Answer due on 3/30/98 for Seralie Bilsky
(sac) [Entry date 05/27/98]
5/26/98 26 WAIVER OF SERVICE Returned Executed as to Stuart Busch
mailed on 1/27/98. Answer due on 3/30/98 for Stuart Busch
(sac) [Entry date 05/27/98]
5/26/98 27 WAIVER OF SERVICE Returned Executed as to Anthony
Gnagarelli mailed on 1/27/98. Answer due on 3/30/98 for
Anthony Gnagarelli (sac) [Entry date 05/27/98]
5/26/98 28 WAIVER OF SERVICE Returned Executed as to AAA
Entertainment, president, mailed on 1/27/98. Answer due on
3/30/98 for AAA Entertainment (sac) [Entry date 05/27/98]
5/26/98 29 Affidavit of service of Summons & Complaint, pltff's Notice
of Motion & Motion to Stay as to John Doe by serving the
Office of the Secretary of State, State of New York leaving
with Particia Kearney, agent, on 5/14/98. Answer due on
6/3/98 for John Doe (sac) [Entry date 05/27/98]
5/26/98 30 Affidavit of service as to Jamol Nik Naks Inc. by Mitchell
Gruick, managing agent, on 4/14/98. Answer due on 5/4/98
for Jamol Nik Naks Inc. (sac) [Entry date 05/27/98]
5/26/98 31 Affidavit of service as to Mitchell Gruick by personal
service on 4/14/98. Answer due on 5/4/98 for Mitchell
Gruick (sac) [Entry date 05/27/98]
5/26/98 34 Affidavit of service of summons and complaint as to Joanne
Dorme by personal service on 4/20/98. Answer due on 5/11/98
for Joanne Dorme (djc) [Entry date 05/28/98]
Docket as of July 9, 1998 11:50 pm Page 11
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
5/26/98 35 Affidavit of service of summons and complaint as to Jody
Pitari by prersonal service on 4/24/98. Answer due on
5/14/98 for Jody Pitari (djc) [Entry date 05/28/98]
5/26/98 36 Affidavit of service of summons and complaint as to John A.
Iorio Jr. by personal service on 3/26/98 Answer due on
4/15/98 for John A. Iorio Jr. (djc) [Entry date 05/28/98]
5/26/98 37 Affidavit of service of summons and complaint as to Steven
Reichel by Kim Baltz, on 4/8/98. Answer due on 4/28/98 for
Steven Reichel; also mailed copy of same to defendant on
04/08/98 (djc) [Entry date 05/28/98]
5/26/98 38 Affidavit of service as to Mary Reichel by Kim Baltz on
4/8/98. Answer due on 4/28/98 for Mary Reichel; Also
mailied copy of same to defendnat on April 8, 1998 (djc)
[Entry date 05/28/98]
5/26/98 39 Affidavit of service of summons and complaint as to Frankie
Stein Costumes by personal service on 3/26/98. Answer due
on 4/15/98 for Frankie Stein; (djc) [Entry date 05/28/98]
5/26/98 40 Affidavit of service as to Bubble Gum Party, Ninette
Silverman by Ninette Silverman on 1/27/98 Answer due on
2/17/98 for Bubble Gum Party, for Ninette Silverman (djc)
[Entry date 05/28/98]
5/26/98 41 Affidavit of service of summons and complaint as to Frankie
Stein by personal service on 3/26/98. Answer due on 4/15/98
for Frankie Stein (djc) [Entry date 06/03/98]
5/26/98 42 Affidavit of service of summons and complaint as to Tu-Tu's
and Rickles by Kim Baltz on 4/8/98 Answer due on 4/28/98
for Tu-Tu's and Rickles (djc) [Entry date 06/03/98]
5/26/98 43 WAIVER OF SERVICE of summons and complaint Returned
Executed as to Bubble Gum Party mailed on 1/27/98 Answer
due on 3/30/98 for Bubble Gum Party (djc)
[Entry date 06/03/98]
5/27/98 32 WAIVER OF SERVICE Returned Executed as to Great American
Mas. mailed on 1/27/98 Answer due on 3/30/98 for Great
American Mas. (cd) [Entry date 05/28/98]
5/27/98 33 WAIVER OF SERVICE Returned Executed as to Paul Blum mailed
on 1/27/98 Answer due on 3/30/98 for Paul Blum (cd)
[Entry date 05/28/98]
6/8/98 44 STIPULATION and ORDER; reset answer to the complaint due
for 6/10/98 for Seralie Bilsky, for Stuart Busch, for Allan
Uniform Rental ( signed by Judge Deborah A. Batts ). (emil)
[Entry date 06/09/98]
Docket as of July 9, 1998 11:50 pm Page 12
Proceedings include all events.
1:98cv475 Lyons Partnership v. AAA Entertainment, et al
6/9/98 45 Rule 1.9 certificate filed by Jamol Nik Naks Inc., Mitchell
Gruick (djc) [Entry date 06/10/98]
6/11/98 46 STIPULATION and ORDER, reset answer due for 7/10/98 for
Seralie Bilsky, for Stuart Busch, and for Allan Uniform
Rental ( signed by Judge Deborah A. Batts ). (kw)
[Entry date 06/12/98]
6/24/98 47 ORDER granting [16-1] motion for an order, to stay
proceedings; the stay of proceedings shall not apply to
defts' responses to the Complaint. Defts shall file answers
or responsive papers as required under the FRCP. Plntf's
opposition to any motion brought by a deft shall be subject
to the stay. The stay of proceedings shall not apply to
plntf's motions to recover service costs, purs. to Rule
4(d)(5), nor to defts' oppositons, where appropriate (
signed by Judge Deborah A. Batts ); Copies mailed (cd)
[Entry date 06/25/98] [Edit date 06/26/98]
6/24/98 48 Filed Memo-Endorsement on letter addressed to Judge Batts
from Dean L. Milber, dated 6/9/98; reset answer due for
7/22/98 for Stuart Busch, for Seralie Bilsky, for Allan
Uniform Rental. Answer/move or settlement stip to Chambers
by 7/22/98 ( signed by Judge Deborah A. Batts ) (sac)
[Entry date 06/25/98]
7/2/98 49 AMENDED and SUPPLEMENTAL ANSWER to Complaint by Frankie
Steinz Cost., Frankie Stein (djc) [Entry date 07/06/98]
7/7/98 50 Rule 1.9 certificate filed by Frankie Steinz Cost., Frankie
Stein (sac) [Entry date 07/08/98]
7/7/98 51 Letter filed addressed to the Court filed by Leonard A.
Snyder counsel for defts, dated 4/30/98; Re: counsel
enclosed a complete 1.9 form for filing in this action. (sac)
[Entry date 07/08/98]
[END OF DOCKET: 1:98cv475]
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Last revised July 16, 1998.
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