Reed v. Chambersburg Area School District et al

Defendant: Chambersburg Area School District, Chambersburg Area School District Foundation, Joseph Padasak and Jill McCollum
Plaintiff: Jason J.A. Reed
 
Case Number: 1:2013cv00644
Filed: March 11, 2013
 
Court: Pennsylvania Middle District Court
Office: Harrisburg Office
County: Cumberland
Presiding Judge: Yvette Kane
 
Nature of Suit: Trademark
Cause of Action: 15:1051 Trademark Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 17, 2013 53 Featured Case MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT Defendants Chambersburg Area School District, Joseph Padasak, and Jill McCollums motion to dismiss (Doc. No. 25 ) and Defendant Chambersburg Area School District Foundations motion to dismiss (Doc. N o. 27 are GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiffs equal protection claim (Count One) is DISMISSED WITHOUT PREJUDICE; 2. Plaintiffs due process claim (Count Two) is DISMISSED WITHOUT PREJUDICE; 3. Plaintiff first amendment clai m (Count Three) is DISMISSED WITHOUT PREJUDICE; 4. Plaintiffs Section 1983 claim (Count Four) is DISMISSED WITHOUT PREJUDICE; 5. Plaintiffs Lanham Act trademark infringement claim (Count Five) survives Defendants motions to dismiss; 6. Plaintiffs Lan ham Act false designation of origin and unfair competition claim (Count Six) is DISMISSED IN PART. The claim survives to extent that Plaintiff seeks to pursue an unfair competition claim under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), and is DI SMISSED WITHOUT PREJUDICE to the extent that Plaintiff seeks to pursue a trade dress claim under the Lanham Act. 7. Plaintiffs unfair competition claim under the Pennsylvania UTPCPL (Count 30 Seven) is DISMISSED WITHOUT PREJUDICE. 8. Plaintiffs commo n law trademark infringement claim(Count Eight) survives Defendants motions to dismiss. 9. Plaintiffs contributory trademark infringement claim (Count Nine) is DISMISSED WITHOUT PREJUDICE; 10. Plaintiffs breach of contract claim (Count Ten) is DISMIS SED WITHOUT PREJUDICE; 11. Plaintiffs equitable relief claim (Count Eleven) is DISMISSED WITHOUT PREJUDICE; and 12. Plaintiffs tortious interference claim (Count Twelve) is DISMISSED WITHOUT PREJUDICE. Plaintiff is granted leave to amend his complain t within fifteen days of the date of this order to cure the defects noted herein. IT IS FURTHER ORDERED THAT Plaintiffs motion for an extension of the time in which to file an amended complaint (Doc. No. 52) is DEEMED MOOT. Signed by Chief Judge Yvette Kane on 6/17/13. (pw)
March 17, 2014 92 Featured Case MEMORANDUM (Order to follow as separate docket entry) re 79 MOTION for Preliminary Injunction filed by Jason J.A. Reed and 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chambersburg Area School District Foundation. Signed by Honorable Yvette Kane on 3/17/14. (pw)
March 17, 2014 93 Featured Case ORDER (memorandum filed previously as separate docket entry. 65 MOTION to Dismiss Plaintiff's Second Amended Complaint pursuant to F.R.C.P. 12(b)(6) filed by Chambersburg Area School District Foundation is DENIED AS MOOT. 68 Second MOTION for Preliminary Injunction filed by Jason J.A. Reed is DENIED AS MOOT. 79 MOTION for Preliminary Injunction filed by Jason J.A. Reed is DENIED. 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chambersburg Area School District Foundation is GRANTED IN PART and DENIED IN PART (SEE ORDER FOR COMPLETE DETAILS.) Signed by Honorable Yvette Kane on 3/17/14. (pw)

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Defendant: Chambersburg Area School District
Represented By: Aimee L. Willett
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Defendant: Chambersburg Area School District Foundation
Represented By: Michael J. Crocenzi
Represented By: Steven E. Grubb
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Defendant: Joseph Padasak
Represented By: Aimee L. Willett
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Defendant: Jill McCollum
Represented By: Aimee L. Willett
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Plaintiff: Jason J.A. Reed
Represented By: Mary H. Powell
Represented By: Michael A. Hynum
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