Here is the Pacer record for the action:
PACER session date: Friday June 26, 1998 03:04:58 PM EDT
Case docket was last updated on: 06/25/98.
Docket as of June 25, 1998 9:57 pm Page 1
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
STAY SCR
1240 MDL
U.S. District Court
Middle District of Pennsylvania (Scranton)
CIVIL DOCKET FOR CASE #: 98-CV-120
Lyons Partnership v. Balloon City U.S.A., et al Filed: 01/23/98
Assigned to: Judge Thomas I. Vanaskie
Demand: $0,000 42069 Nature of Suit: 840
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:1114 Trademark Infringement
LYONS PARTNERSHIP, L.P. M. Kelly Tillery
plaintiff [COR LD NTC]
Leonard, Tillery & Davison
1515 Market Street
18th floor
Philadelphia, PA 19102
215-567-1530
Hugh J. Hutchison
[COR LD NTC]
Leonard Tillery & Sciolla
18th Floor
1515 Market St.
Philadelphia, PA 19102
215-567-1530
v.
BALLOON CITY U.S.A., INC.
defendant
WILLIAM BURDETT
defendant
JOSEPH E. CERBO
defendant
BUZZY'S AMERICAN BAZAAR, INC. Elliot B. Edley
dba [COR LD NTC]
Buzzy's Bazaar Edley and Reischtein
defendant 8 West Market St., Suite 1250
Wilkes-Barre, PA 18701
Docket as of June 25, 1998 9:57 pm Page 2
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
717-823-7171
LEONARD M. FRIEDMAN Elliot B. Edley
defendant (See above)
[COR LD NTC]
FLOATING EXPRESSIONS
defendant
JANE/JOHN DOE, of Floating
Expressions
defendant
CARL F. RUSSIN
defendant
D & D COSTUMES, INC. D. Holbrook Duer
aka [COR LD NTC]
Make Believin Post & Schell, P.C.
defendant 237 N. Prince St.
Lancaster, PA 17603
717-291-4532
DEBRA RECK D. Holbrook Duer
defendant (See above)
[COR LD NTC]
TANEY'S Joseph G. Price
aka [COR LD NTC]
Taney's Costume and Novelty Dougherty, Leventhal, & Price
Shop Rite Aid Building
defendant 3rd Floor
425 Spruce Street
Scranton, PA 18503
717-347-1011
TINA KELLER
defendant
JOSEPH P. O'HARA
defendant
JAMES J. MCCARTHY
aka
Docket as of June 25, 1998 9:57 pm Page 3
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
Balloons & Cheers
defendant
JANE/JOHN DOE, of Costume
Shoppe
aka
Costume Shoppe
defendant
WILLIAM R. FRAZETTA Alan H. Bernstein
aka [COR LD NTC]
Frazetta's Fantasy Corner Caesar, Rivise, Bernstein, et
defendant al.
Seven Penn Ctr.
12th Floor
1635 Market St.
Philadelphia, Pa 19103-2212
215-567-2010
TANA SAVIA
aka
Happy Balloons by Tana
defendant
VICTOR MALVAGNO Victor Malvagno
aka [COR LD NTC] [PRO SE]
Magical Occasions Magical Occasions
defendant RR 2 Box 795 A
Dingmans Ferry, PA 18328
CATHERINE MALGAVANO Catherine Malgavano
aka [COR LD NTC] [PRO SE]
Magical Occasions Magical Occasions
defendant RR 2Box 795 A
Dingmans Ferry, PA 18328
NITA BROCKLEY Christian Ness
aka [COR LD NTC]
Marion's Costumes and/or 43 North Duke Street
Marion's Costume Shop York, PA 17401
defendant 717/843-8004
========================
BUZZY'S AMERICAN BAZAAR, INC.
dba
Docket as of June 25, 1998 9:57 pm Page 4
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
Buzzy's Bazaar
counter-claimant
LEONARD M. FRIEDMAN
counter-claimant
-------------------------
LYONS PARTNERSHIP, L.P. M. Kelly Tillery
counter-defendant [COR LD NTC]
Leonard, Tillery & Davison
1515 Market Street
18th floor
Philadelphia, PA 19102
215-567-1530
Hugh J. Hutchison
[COR LD NTC]
Leonard Tillery & Sciolla
18th Floor
1515 Market St.
Philadelphia, PA 19102
215-567-1530
Docket as of June 25, 1998 9:57 pm Page 5
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
1/23/98 1 COMPLAINT no jury trial demanded. Receipt #: 124721 Amt:
$150.00 (tm) [Entry date 01/26/98]
1/23/98 -- SUMMONS ISSUED as to defendants with notice & consent form.
(tm) [Entry date 01/26/98]
1/26/98 -- REMARK - orig. file & copy of dkt. to J. Vanaskie. (tm)
2/3/98 2 ORDER by Judge Thomas I. Vanaskie: RE assignment of case.
Status report on service of complt due on 3/5/98 (cc: all
counsel) (rm)
3/2/98 3 WRITTEN STATUS REPORT dated 2/25/98, filed on behalf of
plaintiff Lyons Partnership. (ta) [Entry date 03/04/98]
3/13/98 4 ENTRY OF ATTORNEY APPEARANCE for defendants D & D Costumes,
Inc., & Debra Reck by atty D. Holbrook Duer. C/S. (tm)
3/13/98 -- REMARK - doc. #4 to J. Vanaskie. (tm)
3/13/98 9 ANSWER to complaint by defendant Nita Brockley with c/s. (ta)
[Entry date 03/18/98]
3/17/98 5 MOTION by plaintiff Lyons Partnership to stay proceedings
pending order on transfer and consolidation by the Judicial
Panel on Multidistrict Litigation (ta)
3/17/98 6 MEMORANDUM OF LAW by plaintiff Lyons Partnership IN
SUPPORT of motion to stay proceedings pending order on
transfer and consolidation by the Judicial Panel on
Multidistrict Litigation [5-1] (ta)
3/17/98 7 DECLARATION of Ralph J. Sutton IN SUPPORT of motion to
stay proceedings pending order on transfer and
consolidation by the Judicial Panel on Multidistrict
Litigation [5-1] with attached exhibits. (ta)
3/17/98 8 CERTIFICATE OF SERVICE by plaintiff Lyons Partnership; with
certification of counsel RE: documents 5-7. (ta)
3/23/98 10 ORDER by Judge Thomas I. Vanaskie dismissing Pltf's motion
to stay proceedings pending order on transfer and by the
Judicial Panel on Multidistrict Litigation [5-1], for
failure to follow the Local Rules of this Court concerning
motion practice. (cc: all counsel) (ep)
3/23/98 12 NOTICE by plaintiff Lyons Partnership of filing of motion
for transfer and consolidation pursuant to 28 USC 1407
pertaining to Multi-District Litigation; with attached
copies of 1) motion for transfer and consolidation 2)
memorandum of points and authorities in support of its
motion for transfer and consolidation 3) declaration of
Susuan D. Resely in support of Plaintiff's motion for
transfer and consolidation. (ta) [Entry date 04/01/98]
Docket as of June 25, 1998 9:57 pm Page 6
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
3/23/98 13 CERTIFICATE OF SERVICE by plaintiff Lyons Partnership RE:
MDL PAPERS (ta) [Entry date 04/01/98]
3/30/98 11 STIPULATION- signed by both parties for extension of time
to answer complaint by thirty days from the date that this
stipulation is filed with the court; with c/s. (ta)
4/1/98 -- REMARK -Docs 12 and 13 to Judge Vanaskie (ta)
4/3/98 14 ORDER by Judge Thomas I. Vanaskie granting stipulation
it is ordered THAT: defendants, Balloon City U.S.A. and
William Burdett, have thirty days (30) from the date of
this order to answer, plead or otherwise move in response
to the complaint.[11-1] (cc: all counsel) (ta)
4/6/98 15 MOTION by plaintiff Lyons Partnership to stay proceedings
pending order on transfer and consolidation by the Judicial
Panel on Multidistrict Litigation (ta)
4/6/98 16 BRIEF by plaintiff Lyons Partnership entitled (Memorandum
of Law) IN SUPPORT of motion to stay proceedings pending
order on transfer and consolidation by the Judicial Panel
on Multidistrict Litigation [15-1] (ta)
4/6/98 17 DECLARATION of Ralph J. Sutton by plaintiff Lyons
Partnership re motion to stay proceedings pending order on
transfer and consolidation by the Judicial Panel on
Multidistrict Litigation [15-1] (ta)
4/6/98 18 CERTIFICATE OF SERVICE by plaintiff Lyons Partnership RE:
documents [15-17] (ta)
4/6/98 19 STIPULATION & REQUEST by plaintiff Lyons Partnership,
defendant Taney's to extend time to file responsive
pleadings & formalize settlement. (rm)
4/6/98 20 STIPULATION-of parties for extension of time to answer
until 4/29/98. C/S (cm) [Entry date 04/07/98]
4/7/98 21 ORDER by Judge Thomas I. Vanaskie granting motion to
extend time to file responsive pleadings & formalize
settlement [19-1] (cc: all counsel) (ta)
4/8/98 -- REMARK - Doc. 20 sent to J. Vanaskie. (jh)
4/9/98 22 BRIEF by defendant Victor Malvagno IN OPPOSITION to motion
to stay proceedings pending order on transfer and
consolidation by the Judicial Panel on Multidistrict
Litigation [15-1] ;reply brief due 4/22/98 with certif of
nonconcurrence and c/s. (ta)
Docket as of June 25, 1998 9:57 pm Page 7
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
4/9/98 23 BRIEF by defendant Catherine Malgavano IN OPPOSITION to
motion to stay proceedings pending order on transfer and
consolidation by the Judicial Panel on Multidistrict
Litigation [15-1] ;reply brief due 4/22/98 with certif of
nonconcurrence and c/s. (ta)
4/10/98 24 LETTER to court from defendant Floating Expressions,
defendant Carl F. Russin RE: Denying accusations stated in
complaint and asking to be dismissed. (ta)
4/10/98 32 RETURN OF SERVICE - of summons, and docs 5,6,7,15,16,17,
served personally on defendant Victor Malvagno, defendant
Catherine Malgavano on 3/18/98. (jb) [Entry date 04/21/98]
4/13/98 25 STIPULATION between Plaintiffs counsel and counsel for
Defendants Buzzy's American Bazaar., Buzzy's Bazaar and
Leonard M. Friedman. Parties agree that the time to Answer
the Complaint shall be extended by thirty (30) days to
Wednesday, May 6, 1998 (5/6/98); with proposed order. (ta)
4/14/98 26 LETTER & CERTIFICATES of CONCURRENCE & NON-CONCURRENCE by
plaintiff Lyons Partnership from defts regarding Motion to
Stay. (rm)
4/14/98 27 REPLY BRIEF to deft's "oppositions" by plaintiff Lyons
Partnership in support of motion to stay proceedings
pending ruling from the Judicial Panel on Multidistrict
Litigation [15-1] (rm)
4/14/98 28 ORDER by Judge Thomas I. Vanaskie granting stipulation
[25-1]; Answer ddl 5/6/98 for Leonard M. Friedman, for
Buzzy's American (cc: all counsel) (ep)
4/20/98 29 RETURN OF SERVICE - on summons, and on docs 5,6,7,l5,l6,l7,
returned served personally on Anna Catherine McCarthy on
3/18/98. (jb) [Entry date 04/21/98]
4/20/98 30 RETURN OF SERVICE - of summons, and docs 5,6,7,15,16,17,
served personally on defendant Carl F. Russin on 3/18/98 (jb)
[Entry date 04/21/98]
4/20/98 31 RETURN OF SERVICE - of summons, and docs 5,6,7,15,16,17
returned served personally on Charliese Peck for Frazetta's
Fantasy Corner on 3/18/98. (jb) [Entry date 04/21/98]
4/20/98 33 RETURN OF SERVICE - of summons, & docs 5,6,7,l5,l6,l7
returned served personally on Costume Caper, Diana Root, on
3/25/98. (jb) [Entry date 04/21/98]
Docket as of June 25, 1998 9:57 pm Page 8
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
4/23/98 34 LETTER to court dated 4/16/98 from plaintiff Lyons
Partnership RE: MDL filings of Notice of Appearance for
Plaintiff Lyons Partnership, L.P. and Lyons Partnership,
L.P.'s Amended Proof of Service on all Parties in all
actions proposed to be consolidated, pursuant to panel rule
8(a). (ta) [Entry date 04/24/98]
4/23/98 35 NOTICE by plaintiff Lyons Partnership of Voluntary Dismissal
of Joseph Scerbo a/k/a and/or incorrectly designated as
Joseph Cerbo; with c/s. (ta) [Entry date 04/24/98]
[Edit date 04/24/98]
4/24/98 36 ORDER by Judge Thomas I. Vanaskie 1) granting motion to
stay proceedings pending order on transfer and
consolidation by the Judicial Panel on Multidistrict
Litigation [15-1] 2) All proceedings are stayed in the
above captioned matter pending the decision of the Judicial
Panel on Multidistrict Litigation or a further Order of
this Court with two exceptions: A) Defendants' responses to
the Complaint. Defendants shall file answers or responsive
pleadings as required under the Federal Rules of Civil
Procedure and the Rules of this Court. B) Plaintiff's
motion to recover costs of personal service of original
process, pursuant to Rule 4(d)(5), and defendants'
opposition thereto are not, where appropriate, stayed by
today's Order. (cc: all counsel) (ta)
5/1/98 37 WAIVER OF SERVICE OF SUMMONS returned as to defendant
Leonard M. Friedman ;request sent 2/26/98 (ta)
5/1/98 38 WAIVER OF SERVICE OF SUMMONS returned as to defendant
Buzzy's American ;request sent 3/9/98 (ta)
5/1/98 39 WAIVER OF SERVICE OF SUMMONS returned as to defendant D & D
Costumes, Inc., defendant Debra Reck ;request sent 3/10/98
(ta)
5/1/98 40 WAIVER OF SERVICE OF SUMMONS returned as to defendant Nita
Brockley ;request sent 2/5/98 (ta)
5/1/98 41 WAIVER OF SERVICE OF SUMMONS returned as to defendant Tina
Keller, defendant Taney's ;request sent 2/20/98 (ta)
5/1/98 42 WAIVER OF SERVICE OF SUMMONS returned as to defendant
Balloon City U.S.A., defendant William Burdett ;request
sent 2/24/98 (ta)
5/11/98 43 LETTER to court dated 5/7/98 from Atty for plaintiff Lyons
Partnership RE: MDL status. (ta) [Entry date 05/12/98]
5/15/98 44 ANSWER to complaint by defendant Buzzy's American,
defendant Leonard M. Friedman and COUNTERCLAIM against
plaintiff Lyons Partnership; with c/s. (ta)
Docket as of June 25, 1998 9:57 pm Page 9
Proceedings include all events. STAY
3:98cv120 Lyons Partnership v. Balloon City U.S.A., et al SCR
1240 MDL
5/18/98 45 ENTRY OF ATTORNEY APPEARANCE for defendant William R.
Frazetta by atty Alan H. Bernstein w/ C of S. (ps)
5/18/98 46 ANSWER by defendant William R. Frazetta w/ C of S. (ps)
6/23/98 47 LETTER to court dated 6/18/98 from Atty for plaintiff Lyons
Partnership RE: Status of MDL Litigation and informing
court that plaintiff will be filing an omnibus motion for
service costs as permitted under the stay order. with c/s.
(ta) [Entry date 06/25/98]
[END OF DOCKET: 3:98cv120]
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