Here is the Pacer record for the action:
PACER session date: Thursday July 16, 1998 11:15:34 PM EDT
Case docket was last updated on: 07/16/98.
Docket as of July 16, 1998 7:02 pm Page 1
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
MAG
U.S. District Court
Western District of Pennsylvania (Pittsburgh)
CIVIL DOCKET FOR CASE #: 98-CV-159
LYONS PARTNERSHIP v. COSTUME WORLD, et al Filed: 01/23/98
Assigned to: Judge Donetta W. Ambrose Jury demand: Defendant
Referred to: Mag. Judge Kenneth J. Benson
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 M. Kelly Tillery
Texas limited partnership [COR LD NTC]
plaintiff Barry L. Cohen
[COR LD NTC]
Hugh J. Hutchison
[COR LD NTC]
Brian J. Urban
[COR LD NTC]
Leonard, Tillery & Sciolla
1515 Market Street
18th Floor
Philadelphia, PA 19102
(215) 567-1530
Ralph J. Sutton
[COR LD NTC]
Bartko, Zankel, Tarrant &
Miller
900 Front Street
Suite 300
San Francisco, CA 94111
(415) 956-1900
v.
COSTUME WORLD, A Corporation
defendant
ANABELL MAZIE
defendant
MARILYN A. WICK
defendant
Docket as of July 16, 1998 7:02 pm Page 2
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
MASTERS TUXEDO, JOHNSTOWN,
INC., A Corporation
defendant
[term 07/08/98]
JEFFREY O. HOFFMAN
defendant
A. KRAINOCK
defendant
[term 07/08/98]
MEELIE J. ABMAYR Alba A. Romano
dba [COR LD NTC]
ABMAYR COSTUMES Sherry, Doyle & McCrory
defendant 950 One Chatham Center
Pittsburgh, PA 15219-3421
(412) 560-3400
KATHLEEN ROBINSON KATHLEEN ROBINSON
dba [COR LD NTC] [PRO SE]
BALLOON LOCOMOTION Balloon Locomotion
defendant 1446 Babcock Boulevard
Pittsburgh, PA 15209
DONALD LILJA James W. Young, Jr.
dba [COR LD NTC]
BALLOONS INSTEAD Steven G. Blackmer
defendant [COR LD NTC]
Willman & Arnold
705 McKnight Park Drive
Pittsburgh, PA 15237
(412) 366-3333
CAROL PELUSO Edward J. McKarski
dba [COR LD NTC]
CAROL PELUSO COSTUMER 901 West Lehigh Street
dba P.O. Box 1279
CAROL PELUSO COSTUMES Bethelhem, PA 18016-1279
defendant (610) 691-3450
ROBERT KING Lyndall J. Huggler
dba [term 02/26/98]
COUNTRY BALLOONS [COR LD NTC]
defendant Wayman, Irvin & McAuley
Docket as of July 16, 1998 7:02 pm Page 3
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
[term 02/26/98] 1624 Frick Building
Pittsburgh, PA 15219
(412) 566-2970
RONALD G. PERGOLA Warren L. Siegfried
dba [COR LD NTC]
DECORATION WORLD Wayman, Irvin & McAuley
defendant 1624 Frick Building
Pittsburgh, PA 15219
(412) 566-2970
Jon M. Lewis
[COR LD NTC]
140 South Main Street
Third Floor
Greensburg, PA 15601
(724) 836-4730
ROBERT LA VELLA Bernard T. McArdle
dba 838-1016
FUN SERVICES [COR LD NTC]
defendant 229 South Maple Avenue
Greensburg, PA 15601
(724) 838-1912
CAROL ERB George B. Stegenga
dba [COR LD NTC]
JUST FOR FUN 516 Washington Trust Building
dba Washington, PA 15301
JEST FOR FUN
defendant
KIMBERLY ANN BROWN Thomas M. Ferguson
dba [term 06/25/98]
SPOTLIGHT COSTUMES [COR LD NTC]
defendant Sable, Makoroff & Gusky
[term 06/25/98] 437 Grant Street
7th Floor, Frick Building
Pittsburgh, PA 15219
(412) 471-4996
Docket as of July 16, 1998 7:02 pm Page 4
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
1/23/98 1 COMPLAINT ; Filing Fee $ 150.00 Receipt # 3235 (tt)
1/23/98 -- Copy of Complaint and Docket Sheet mailed to Commissioner
of Patents and Trademarks. (tt)
1/27/98 2 ORDER REFERRING CASE to Mag. Judge Kenneth J. Benson (
signed by Judge Donetta W. Ambrose on 1/27/98 ) CM all
parties of record. (tt)
2/26/98 3 SUGGESTION OF BANKRUPTCY as to ROBERT KING (tt)
3/4/98 -- SUMMONS(ES) issued for COSTUME WORLD, ANABELL MAZIE,
MARILYN A. WICK, MASTERS TUXEDO, JEFFREY O. HOFFMAN, A.
KRAINOCK, MEELIE J. ABMAYR, KATHLEEN ROBINSON, DONALD
LILJA, CAROL PELUSO, RONALD G. PERGOLA, ROBERT LA VELLA,
CAROL ERB, KIMBERLY ANN BROWN (tt)
3/9/98 4 NOTICE of Attorney Appearance for MEELIE J. ABMAYR by Alba
A. Romano (tt)
3/17/98 5 MOTION by LYONS PARTNERSHIP to Stay proceedings pending
Order on Transfer and Consolidation by the Judicial Panel
on Multidistrict Litigation, with Proposed Order. (tt)
3/17/98 6 BRIEF by LYONS PARTNERSHIP in support of its [5-1] motion
to Stay proceedings pending Order on Transfer and by the
Judicial Panel on Multidistrict Litigation (tt)
3/17/98 7 DECLARATION of Ralph J. Sutton in support of pltf's [5-1]
motion to Stay proceedings pending Order on Transfer and
Consolidation by the Judicial Panel on Multidistrict
Litigation (tt)
3/17/98 -- MOTION by LYONS PARTNERSHIP to Transfer and Consolidate to
MDL Panel. (with doc. #7) (tt) [Entry date 03/18/98]
3/17/98 -- BRIEF by LYONS PARTNERSHIP in support of motion to Transfer
and Consolidate to MDL Panel (with doc. #7) (tt)
[Entry date 03/18/98]
3/17/98 -- DECLARATION of Susan Resley in support of motion to
Transfer and Consolidate to MDL Panel by LYONS PARTNERSHIP
(with doc. #7) (tt) [Entry date 03/18/98]
3/17/98 8 CERTIFICATION OF COUNSEL for LYONS PARTNERSHIP regarding
concurrence/opposition to motion to stay. (tt)
[Entry date 03/18/98]
3/17/98 9 CERTIFICATE OF SERVICE by LYONS PARTNERSHIP re: Motion to
Stay, Brief in support of motion to stay, declaration of
Ralph Sutton for motion to stay, motion to transfer and
consolidate to MDL Panel, Brief in support of MDL motion
and declaration of Susan Resley in support of MDL motion.
(tt) [Entry date 03/18/98]
Docket as of July 16, 1998 7:02 pm Page 5
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
3/19/98 10 ORDER, Response to Motion set to 4/7/98 for [5-1] motion
to Stay proceedings pending Order on Transfer and
Consolidation by the Judicial Panel on Multidistrict
Litigation. ( signed by Mag. Judge Kenneth J. Benson on
3/19/98 ) CM all parties of record. (tt)
3/23/98 11 NOTICE of Attorney Appearance for CAROL ERB by George B.
Stegenga (tt)
3/23/98 12 ANSWER to Complaint by CAROL ERB d/b/a Just For Fun and/or
Jest For Fun (tt)
3/24/98 13 NOTICE by LYONS PARTNERSHIP of Filing of Motion for
Transfer and Consolidation pursuant to 28 U.S.C. Section
1407 pertaining to Multi-District Litigation. Attachments
include Motion for Transfer and Consolidation, Memorandum
of Points and Authorities in support of motion for transfer
and consolidation and Declaration of Susan D. Resley. (tt)
[Entry date 03/25/98]
3/25/98 14 Stipulation by LYONS PARTNERSHIP, KIMBERLY ANN BROWN
Extending Time for deft Kimberly Brown d/b/a Spotlight
Costumes Co. to answer until 5/14/98. (tt)
[Entry date 03/26/98]
3/25/98 -- Deadline updated; reset Answer deadline to 5/14/98 for
KIMBERLY ANN BROWN d/b/a Spotlight Costumes Co. (tt)
[Entry date 03/26/98]
3/26/98 15 ANSWER to Complaint by ROBERT LA VELLA (Attorney Bernard
T. McArdle); jury demand (tt)
3/27/98 16 Stipulation by LYONS PARTNERSHIP, MEELIE J. ABMAYR
Extending Time for deft Abmayr to answer until 5/8/98. (tt)
3/27/98 -- Deadline updated; reset Answer deadline to 5/8/98 for
MEELIE J. ABMAYR (tt)
3/30/98 17 NOTICE of Attorney Appearance for CAROL PELUSO d/b/a Carol
Peluso Costumer and/or Carol Peluso Costumes by Edward J.
McKarski (tt)
3/30/98 18 ANSWER to Complaint by DONALD LILJA d/b/a Balloons Instead
(Attorney James W. Young Jr., Steven G. Blackmer); jury
demand (tt)
4/6/98 19 RESPONSE by CAROL ERB in opposition to [5-1] motion to Stay
proceedings pending Order on Transfer and Consolidation (tt)
4/13/98 20 CERTIFICATION by LYONS PARTNERSHIP regarding
concurrence/opposition to motion to stay. (tt)
Docket as of July 16, 1998 7:02 pm Page 6
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
4/13/98 21 ANSWER (in the form of a Letter dated 4/4/98) to Complaint
by KATHLEEN ROBINSON (tt) [Entry date 04/14/98]
4/16/98 22 ANSWER to Complaint by KATHLEEN ROBINSON ; jury demand (tt)
4/16/98 -- MOTION by KATHLEEN ROBINSON to Dismiss. (with doc. #22) (tt)
4/17/98 23 REPLY BRIEF by LYONS PARTNERSHIP to the "motion in
opposition of Carol Erb d/b/a Jest for Fun and/or Just for
Fun" to pltf's motion to stay proceedings pending ruling
from MDL Panel (tt)
4/17/98 24 Stipulation by LYONS PARTNERSHIP, RONALD G. PERGOLA
Extending Time for deft Ronald Pergola to answer until
5/8/98. (tt)
4/17/98 -- Deadline updated; set Answer deadline to 5/8/98 for
RONALD G. PERGOLA (tt)
4/20/98 25 RETURN OF SERVICE executed as to COSTUME WORLD 3/17/98
Answer due on 4/6/98 for COSTUME WORLD (tt)
4/20/98 26 RETURN OF SERVICE executed as to ANABELL MAZIE 3/17/98
Answer due on 4/6/98 for ANABELL MAZIE (tt)
4/20/98 27 RETURN OF SERVICE executed as to MARILYN A. WICK 3/17/98
Answer due on 4/6/98 for MARILYN A. WICK (tt)
4/20/98 28 RETURN OF SERVICE executed as to MASTERS TUXEDO 3/17/98
Answer due on 4/6/98 for MASTERS TUXEDO (tt)
4/20/98 29 RETURN OF SERVICE executed as to JEFFREY O. HOFFMAN 3/17/98
Answer due on 4/6/98 for JEFFREY O. HOFFMAN (tt)
4/20/98 30 RETURN OF SERVICE executed as to A. KRAINOCK 3/17/98 Answer
due on 4/6/98 for A. KRAINOCK (tt)
4/20/98 31 RETURN OF SERVICE executed as to CAROL PELUSO 3/18/98
Answer due on 4/7/98 for CAROL PELUSO (tt)
4/20/98 32 RETURN OF SERVICE executed as to RONALD G. PERGOLA 3/18/98
(tt)
4/20/98 33 ANSWER and Affirmative Defenses to Complaint by CAROL
PELUSO d/b/a Carol Peluso Costumer and/or Carol Peluso
Costumes (tt)
Docket as of July 16, 1998 7:02 pm Page 7
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
4/21/98 34 ORDER granting pltf's [5-1] motion to Stay proceedings
pending Order on Transfer and Consolidation by the Judicial
Panel Multidistrict Litigation. All proceedings in this
action are stayed until further Order of Court. The stay
of proceedings shall not apply to defts' responses to the
complaint. Defts shall file answers or responsive
pleadings as required under F.R.Civ.P. and the Rules of
this Court. Pltf's opposition to any responsive motion
brought by a deft shall be subject to the stay. The stay
of proceedings shall not apply to pltf's motions to recover
costs of personal service of original process, pursuant to
Rule 4(d)(5), nor to defts' oppositions thereto, where
appropriate. ( signed by Mag. Judge Kenneth J. Benson on
4/21/98 ) CM all parties of record. (tt)
5/1/98 35 WAIVER OF SERVICE Returned Executed as to MEELIE J. ABMAYR
on 1/26/98 (tt)
5/1/98 36 WAIVER OF SERVICE Returned Executed as to KATHLEEN ROBINSON
on 1/26/98 (tt)
5/1/98 37 WAIVER OF SERVICE Returned Executed as to DONALD LILJA on
1/26/98 (tt)
5/1/98 38 WAIVER OF SERVICE Returned Executed as to ROBERT LA VELLA
on 1/26/98 (tt)
5/1/98 39 WAIVER OF SERVICE Returned Executed as to CAROL ERB on
1/26/98 (tt)
5/1/98 40 WAIVER OF SERVICE Returned Executed as to KIMBERLY ANN
BROWN on 1/26/98 (tt)
5/7/98 41 NOTICE of Attorney Appearance for RONALD G. PERGOLA by
Warren L. Siegfried (tt) [Entry date 05/08/98]
5/7/98 42 ANSWER and Affirmative Defenses to Complaint by RONALD G.
PERGOLA (tt) [Entry date 05/08/98]
5/8/98 43 ANSWER to Complaint by MEELIE J. ABMAYR ; jury demand (tt)
6/25/98 44 Stipulated Permanent Injunction by LYONS PARTNERSHIP,
KIMBERLY ANN BROWN, with proposed order. (tt)
[Entry date 06/26/98]
6/25/98 -- ORDER upon stipulation granting [44-1] stipulated permanent
injunction between Lyons Partnership and Kimberly Brown
d/b/a Spotlight Costumes. Defts, their officers, agents,
servants and any persons, firms or corporations acting in
concert with them are hereby restained and enjoined from
provisions as stated more fully in said order. ( signed by
Judge Donetta W. Ambrose on 6/25/98 ) CM all parties of
record. (tt) [Entry date 06/26/98]
Docket as of July 16, 1998 7:02 pm Page 8
Proceedings include all events. MAG
2:98cv159 LYONS PARTNERSHIP v. COSTUME WORLD, et al
6/25/98 45 NOTICE of Voluntary Dismissal of deft Kimberly Brown d/b/a
Spotlight Costumes, without prejudice. (tt)
[Entry date 06/26/98] [Edit date 06/26/98]
7/8/98 46 NOTICE of Voluntary Dismissal of defts Andrew Krainock and
Masters Tuxedo, Johnstown, Inc. a/k/a Masters Tuxedo. (tt)
7/15/98 -- ORDER upon notice approving [46-1] notice of voluntary
dismissal of defts Andrew Krainock and Masters Tuxedo,
Johnstown, Inc. a/k/a Masters Tuxedo. ( signed by Judge
Donetta W. Ambrose on 7/15/98 ) CM all parties of record.
(tt) [Entry date 07/16/98]
[END OF DOCKET: 2:98cv159]
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