Here is the Pacer record for the action:
PACER session date: Thursday July 16, 1998 10:30:28 PM EDT
Case docket was last updated on: 07/07/98.
Docket as of July 13, 1998 6:51 am Page 1
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
U.S. District Court
Western District of New York (Buffalo)
CIVIL DOCKET FOR CASE #: 98-CV-58
Lyons Partnership v. C.F. Ross, Inc., et al Filed: 01/23/98
Assigned to: Senior USDJ John T. Curtin
Demand: $0,000 Nature of Suit: 840
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:1114 Trademark Infringement
Case type: 1. civil 2. null
LYONS PARTNERSHIP, L.P., a Paul I. Perlman
Texas limited partnership [COR LD NTC]
plaintiff Hodgson, Russ, Andrews, Woods &
Goodyear
1800 One M&T Plaza
Buffalo, NY 14203
(716) 856-4000
v.
C.F. ROSS, INC. Robert Emmett Gallagher, Esq.,
defendant [COR LD NTC]
Kenney, Kanaley, Shelton &
Liptak, L.L.P.
Rand Building
14 Lafayette Square
Suite 510
Buffalo, NY 14203
(716) 853-3801
FTS 835-0265
JUDY ROSS Robert Emmett Gallagher, Esq.,
defendant (See above)
[COR LD NTC]
CHARLES F. ROSS Robert Emmett Gallagher, Esq.,
defendant (See above)
[COR LD NTC]
MICHELLE CONTANT George A. Schell, Jr., Esq.
dba [term 06/18/98]
Characters for Kids [COR LD NTC]
defendant Johnson, Mullan, Brundage &
Docket as of July 13, 1998 6:51 am Page 2
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
Keigher
80 Linden Oaks
Rochester, NY 14625
(716) 387-0700
DEBORAH L. SIDOTI Patrick B. Naylon, Esq.
dba [COR LD NTC]
Express Yourself Saperston & Day, P.C.
defendant 800 First Federal Plaza
Rochester, NY 14614
(716) 325-7570
PETER SMILANICH Gerard F. Forton, Esq.
defendant [COR LD NTC]
610 Main Street
Suite 200
Buffalo, NY 14202-1900
(716) 855-2626
GEORGE SMILANICH, III Gerard F. Forton, Esq.
dba (See above)
George and Company [COR LD NTC]
defendant
JULIE S. LAMASTRA
dba
Jokes On Us
defendant
ROBERT DAVID LARTER
dba
Court Jester
dba
King Sales Carnival
defendant
LINDA C. CICCIA
dba
A Party Extravaganza
defendant
SAMUEL J. CICCIA
dba
A Party Extravaganza
defendant
Docket as of July 13, 1998 6:51 am Page 3
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
MCMASTER COMPANY, INC.
dba
Taylor Rental Center
defendant
ROSE MCCARTHY
defendant
DONALD J. REEB Paul Murak
dba [COR LD NTC]
Tickle Your Fancy Rosenthal Siegel Muenkel &
defendant Maloney
300 Main Street
Buffalo, NY 14202
716-854-1300
KATHLEEN K. REEB Paul Murak
dba (See above)
Tickle Your Fancy [COR LD NTC]
defendant
Docket as of July 13, 1998 6:51 am Page 4
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
1/23/98 1 COMPLAINT with Exhibits filed; FILING FEE $ 150.00
RECEIPT # 61657 (sg) [Entry date 01/27/98]
1/23/98 -- SUMMONSES issued for C.F. Ross, Inc., Judy Ross, Charles F.
Ross, Michelle Contant, Deborah L. Sidoti, Peter Smilanich,
George Smilanich III, Julie S. LaMastra, Robert David
Larter, Linda C. Ciccia, Samuel J. Ciccia, McMaster
Company, Rose McCarthy, Donald J. Reeb, Kathleen K. Reeb (sg)
[Entry date 01/27/98]
1/27/98 -- Mailed form to Register of Copyrights (sg)
2/24/98 2 WAIVER OF SERVICE Returned Executed as to Kathleen K. Reeb
. Request mailed on 1/26/98 . Answer due on 3/27/98 for
Kathleen K. Reeb (sg) [Entry date 02/26/98]
2/24/98 3 WAIVER OF SERVICE Returned Executed as to Donald J. Reeb .
Request mailed on 1/26/98 . Answer due on 3/27/98 for
Donald J. Reeb (sg) [Entry date 02/26/98]
2/24/98 4 WAIVER OF SERVICE Returned Executed as to Peter Smilanich .
Request mailed on 1/26/98 . Answer due on 3/27/98 for Peter
Smilanich (sg) [Entry date 02/27/98]
2/24/98 5 WAIVER OF SERVICE Returned Executed as to Deborah L. Sidoti
. Request mailed on 1/26/98 . Answer due on 3/27/98 for
Deborah L. Sidoti (sg) [Entry date 02/27/98]
2/24/98 6 WAIVER OF SERVICE Returned Executed as to Robert David
Larter . Request mailed on 1/26/98 . Answer due on 3/27/98
for Robert David Larter (sg) [Entry date 02/27/98]
2/24/98 7 WAIVER OF SERVICE Returned Executed as to George Smilanich
III . Request mailed on 1/26/98 . Answer due on 3/27/98 for
George Smilanich III (sg) [Entry date 02/27/98]
3/6/98 8 WAIVER OF SERVICE Returned Executed as to Samuel J. Ciccia
. Request mailed on 1/26/98 . Answer due on 3/27/98 for
Samuel J. Ciccia (sg) [Entry date 03/10/98]
3/6/98 9 WAIVER OF SERVICE Returned Executed as to Linda C. Ciccia .
Request mailed on 1/26/98 . Answer due on 3/27/98 for Linda
C. Ciccia (sg) [Entry date 03/10/98]
3/6/98 10 WAIVER OF SERVICE Returned Executed as to McMaster Company
. Request mailed on 1/26/98 . Answer due on 3/27/98 for
McMaster Company (sg) [Entry date 03/10/98]
3/9/98 11 ANSWER to Complaint by Deborah L. Sidoti (Attorney Patrick
B. Naylon), (sg) [Entry date 03/10/98]
3/9/98 12 NOTICE to Produce by Deborah L. Sidoti (sg)
[Entry date 03/10/98]
Docket as of July 13, 1998 6:51 am Page 5
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
3/16/98 13 RETURN OF SERVICE executed as to Michelle Contant 2/28/98
Answer due on 3/20/98 for Michelle Contant Summons and
[1-1] complaint (sg) [Entry date 03/17/98]
3/18/98 14 MOTION by Lyons Partnership to Stay proceedings pending
order on transfer and consolidation by the Judicial Panel on
Mulitidistrict Litigation (sg) [Entry date 03/20/98]
[Edit date 03/25/98]
3/18/98 15 MEMORANDUM by Lyons Partnership in support of [14-1]
motion to Stay by Lyons Partnership (sg)
[Entry date 03/20/98]
3/18/98 16 DECLARATION/AFFIRMATION with Exhibits by Ralph J. Sutton
for Lyons Partnership Re: [14-1] motion to Stay by Lyons
Partnership (sg) [Entry date 03/20/98]
3/18/98 17 CERTIFICATE OF SERVICE by Lyons Partnership [16-1]
affirmation by Lyons Partnership, [15-1] support
memorandum by Lyons Partnership, [14-1] motion to Stay by
Lyons Partnership and Proposed Order (received) (sg)
[Entry date 03/20/98]
3/18/98 18 CERTIFICATE OF SERVICE by Lyons Partnership [16-1]
affirmation by Lyons Partnership, [15-1] support
memorandum by Lyons Partnership, [14-1] motion to Stay by
Lyons Partnership, [1-1] complaint, Summons and Proposed
Order (received) (sg) [Entry date 03/20/98]
3/20/98 19 ANSWER to Complaint by Michelle Contant (Attorney George
A. Schell Jr.), (jd) [Entry date 03/23/98]
3/23/98 20 RETURN OF SERVICE executed as to Judy Ross 3/20/98 Answer
due on 4/9/98 for Judy Ross [1-1] complaint (jd)
3/23/98 21 RETURN OF SERVICE executed as to Rose McCarthy 3/19/98
Answer due on 4/8/98 for Rose McCarthy [1-1] complaint (jd)
3/23/98 22 RETURN OF SERVICE executed as to Julie S. LaMastra 3/19/98
Answer due on 4/8/98 for Julie S. LaMastra [1-1] complaint
(jd)
3/23/98 23 RETURN OF SERVICE with original summons executed as to C.F.
Ross, Inc. 3/20/98 Answer due on 4/9/98 for C.F. Ross, Inc.
[1-1] complaint (jd) [Entry date 03/24/98]
3/23/98 24 RETURN OF SERVICE executed as to Judy Ross for Charles F.
Ross 3/20/98 Answer due on 4/9/98 for Charles F. Ross [1-1]
complaint (jd) [Entry date 03/24/98]
3/24/98 25 ANSWER to Complaint by Peter Smilanich, George Smilanich
III (Attorney Gerard F. Forton), (sg) [Entry date 03/25/98]
Docket as of July 13, 1998 6:51 am Page 6
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
3/27/98 26 ANSWER to Complaint by Donald J. Reeb, Kathleen K. Reeb
(Attorney Paul Murak), (jd) [Entry date 03/30/98]
4/9/98 27 STIPULATION and ORDER, to Extend Time, reset Answer
deadline to 5/11/98 for Charles F. Ross, for Judy Ross, for
C.F. Ross, Inc. signed by Senior USDJ John T. Curtin .
Notice and copy of order sent to Paul Murak, Gerard F.
Forton, Patrick B. Naylon, George A. Schell Jr., Paul I.
Perlman, Robert Gallagher (sg) [Entry date 04/10/98]
4/9/98 28 LETTER to Judge Curtin from George A. Schell Jr, counsel
for defendant Michelle Contact dated 4/3/98. (jd)
[Entry date 04/10/98]
4/10/98 29 LETTER to Judge Curtin from Paul F. Murak counsel for
defendants Donald J. and Kathleen K. Reeb dated 4/9/98. (jd)
4/14/98 -- Motion hearing re: [14-1] motion to Stay by Lyons
Partnership; Motion is granted; Stay does not apply to
defendant's response to complaint nor does it apply to
plaintiff's motions to recover service costs or to
defendant's opposition (JTC) (sg) [Entry date 04/21/98]
4/15/98 30 ORDER granting [14-1] motion to Stay; that the stay of
proceedings shall not apply to defendants' responses to the
complaint; Defendants shall file answers or responsive
papers as required under the Federal Rules of Civil
Procedure and the Rules of this Court; Plaintiff's
opposition to any motion brought by a defendant shall be
subject to the stay and that the stay of proceedings shall
not apply to plaintiff's motions to recover service costs,
pursuant to Rule 4(d)(5), nor to defendants' oppositions,
where appropriate (signed by Senior USDJ John T. Curtin)
Notice and copy of order sent to Paul Murak, Gerard F.
Forton, Patrick B. Naylon, George A. Schell Jr., Robert
Emmett Gallagher, Paul I. Perlman (sg) [Entry date 04/16/98]
4/16/98 31 Copy of Letter to Judge Curtin from Patrick B. Naylon dated
4/13/98 (sg) [Entry date 04/21/98]
5/19/98 32 ORDER directing that the Order of 4/14/98 is lifted for the
sole and exclusive purpose of allowing defendant Deborah L.
Sidoti to present an Offer of Judgment in accordance with
Rule 68 of the Federal Rules of Civil Procedure, provided,
however, that the Order shall remain in full force and
effect for all other purposes ( signed by Senior USDJ John
T. Curtin ) Notice and copy of order sent to Paul Murak,
Gerard F. Forton, Patrick B. Naylon, George A. Schell Jr.,
Robert Emmett Gallagher, Paul I. Perlman (sg)
6/18/98 33 COPY of LETTER to George A. Schell, Jr. from Michelle
Contant (sg)
Docket as of July 13, 1998 6:51 am Page 7
Proceedings include all events.
1:98cv58 Lyons Partnership v. C.F. Ross, Inc., et al
6/18/98 34 NOTICE of WITHDRAWAL of Attorney by George A. Schell, Jr.
for Michelle Contant (sg)
6/18/98 35 ORDER lifting the stay for the sole purpose of allowing
Johnson, Mullan & Brundage, P.C., George A. Schell, Jr. of
counsel, to withdraw as attorney of record for defendant,
Michelle Contant, d/b/a Characters for Kids; for all other
purposes the Order of 4/14/98 shall remain in full force
and effect (signed by Senior USDJ John T. Curtin) Notice
and copy of order sent to Paul Murak, Gerard F. Forton,
Patrick B. Naylon, George A. Schell Jr., Robert Emmett
Gallagher, Paul I. Perlman (sg)
6/30/98 36 MOTION by plaintiff Lyons Partnership for Costs and
Attorney Fees with affidavit in support. Motion Hearing
set for 3:00 7/29/98 (jd)
6/30/98 37 MEMORANDUM OF LAW by plaintiff in support of [36-1] motion
for Costs and Attorney Fees (jd)
7/6/98 38 LETTER to Paul Perlman Esq. and various defense attorneys
adjourning argument on plaintiffs motion for costs to
8/3/98 at 11:00. (jd)
7/6/98 -- Deadline updated; Motion Hearing set for 11:00 8/3/98 for
[36-1] motion for Costs and Attorney Fees (jd)
[END OF DOCKET: 1:98cv58]
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Last revised July 16, 1998.
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