3:21-CV-09744
04/19/2021
Pending - Other Pending
Intellectual Property - Trademark
Michael A. Shipp
Tonianne J. Bongiovanni
VICTORY'S DAWN, INC.
WILLIAM M. CLEMONS, JR.
GAYLE MORRISON
CLARENCE ANICHOLAS CLEMONS, III
BIG MANS WEST LLC
BRETT VAN BENTHYSEN
Exhibit B (Affidavits of Service)
Exhibit A (Complaint)
Declaration of Brett Van Benthysen
Text of Proposed Order
Declaration of Brett Van Benthysen
Exhibit H
Exhibit G
Exhibit F
Exhibit E
Exhibit D
Exhibit C
Exhibit B
Exhibit A
DocketClerk's ENTRY OF DEFAULT as to CLARENCE ANICHOLAS CLEMONS, III and BIG MANS WEST LLC for failure to plead or otherwise defend. (jdb) (Entered: 06/16/2021)
[-] Read LessDocket(#26) Request for Default by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. against Clarence Anicholas Clemons III and Big Mans West LLC. (Attachments: #1 Declaration of Brett Van Benthysen, #2 Exhibit A (Complaint), #3 Exhibit B (Affidavits of Service))(VAN BENTHYSEN, BRETT) (Entered: 06/16/2021)
[-] Read LessDocket(#25) ORDER directing the Defendants to file and serve Plaintiffs with a sworn statement setting forth in detail the manner in which Defendants have complied with this injunction, including an affidavit attesting that Defendants have destroyed all unauthorized products and advertisements in their possession under their control bearing any of the BIG MAN Marks, other Clemons Indicia, or any simulation, reproduction, counterfeit, copy or colorable imitation thereof, and all plates, molds, matrices and other means of production of same within 7 days of being served with this Order. Signed by Judge Michael A. Shipp on 5/14/2021. (jmh) (Entered: 05/24/2021)
[-] Read LessDocket(#24) Letter from Brett Van Benthysen re 23 Order,. (Attachments: #1 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 05/21/2021)
[-] Read LessDocket(#23) TEXT ORDER: The Court is in receipt of Plaintiffs' proposed order seeking costs and fees in connection with this action. (ECF No. #22 ). By May 21, 2021, Plaintiffs are directed to submit a request for costs and fees that complies with Local Civil Rules 54.1 and/or 54.2. So Ordered by Judge Michael A. Shipp on 5/14/2021. (gxh) (Entered: 05/14/2021)
[-] Read LessDocket(#22) Proposed Order by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)
[-] Read LessDocket(#21) CERTIFICATION in Support filed by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)
[-] Read LessDocketPro Hac Vice counsel, ROBERT W. CLARIDA and BRIAN D. CAPLAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb, ) (Entered: 05/13/2021)
[-] Read LessDocket(#20) Notice of Request by Pro Hac Vice Brian D. Caplan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12460034.) (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)
[-] Read LessDocket(#19) Notice of Request by Pro Hac Vice Robert W. Clarida to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12460018.) (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)
[-] Read LessDocket(#6) MOTION for Leave to Appear Pro Hac Vice by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (Attachments: #1 Certification of Brett Van Benthysen, #2 Certification of applicant Brian D. Caplan, #3 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 04/21/2021)
[-] Read LessDocketSet Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/17/2021 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) (Entered: 04/20/2021)
[-] Read LessDocket(#5) MOTION for Leave to Appear Pro Hac Vice by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (Attachments: #1 Certification of Brett Van Benthysen, #2 Certification of applicant Robert W. Clarida, #3 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 04/20/2021)
[-] Read LessDocketSet Deadlines as to #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . Motion set for 5/17/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) (Entered: 04/20/2021)
[-] Read LessDocket(#4) SUMMONS ISSUED as to BIG MANS WEST LLC, CLARENCE ANICHOLAS CLEMONS, III. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg, ) (Entered: 04/20/2021)
[-] Read LessDocket(#3) AO120 Trademark Form filed. (mg) (Entered: 04/20/2021)
[-] Read LessDocketJudge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (mg) (Entered: 04/20/2021)
[-] Read LessDocket(#2) MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST, VICTORY'S DAWN, INC.. (Attachments: #1 Brief, #2 Declaration of Erv Frederick, #3 Declaration of Gayle Morrison, #4 Declaration of Brett Van Benthysen)(VAN BENTHYSEN, BRETT) (Entered: 04/20/2021)
[-] Read LessDocketCLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: This complaint has previously been opened as 3:21-cv-9742. In the event an error is made during the case opening process please call (609)989-2065 or refer to the Attorney Case Opening guide for assistance. DO NOT create a new case. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) (Entered: 04/19/2021)
[-] Read LessDocket(#1) COMPLAINT against BIG MANS WEST LLC, CLARENCE ANICHOLAS CLEMONS, III ( Filing and Admin fee $ 402 receipt number ANJDC-12386961) with JURY DEMAND, filed by VICTORY'S DAWN, INC., GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(VAN BENTHYSEN, BRETT) (Entered: 04/19/2021)
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