VICTORY'S DAWN, INC. et al v. CLEMONS et al
| 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., WILLIAM M. CLEMONS, JR. and GAYLE MORRISON |
| CLARENCE ANICHOLAS CLEMONS, III and BIG MANS WEST LLC |
| 3:2021cv09744 |
| April 19, 2021 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Michael A Shipp |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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Filing 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)
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Clerk's ENTRY OF DEFAULT as to CLARENCE ANICHOLAS CLEMONS, III and BIG MANS WEST LLC for failure to plead or otherwise defend. (jdb)
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Filing 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)
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Filing 24
Letter from Brett Van Benthysen re 23 Order,. (Attachments: #1 Text of Proposed Order)(VAN BENTHYSEN, BRETT)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 18
Certification on behalf of WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. Re #12 Order on Motion for Leave to Appear,. (VAN BENTHYSEN, BRETT)
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Filing 17
Certification on behalf of WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. Re #11 Order on Motion for Leave to Appear,. (VAN BENTHYSEN, BRETT)
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Pro 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, )
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Filing 16
TEXT ORDER: The Court is receipt of Plaintiffs' correspondence requesting that the Court grant their Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ). Plaintiffs are directed to submit a revised proposed order by May 14, 2021. So Ordered by Judge Michael A. Shipp on 5/7/2021. (gxh)
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Filing 15
AFFIDAVIT of Service for Summons, Complaint with Exhibits and Civil Cover Sheet served on Big Man's West LLC on April 29, 2021, filed by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (VAN BENTHYSEN, BRETT)
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Filing 14
AFFIDAVIT of Service for Summons, Complaint with Exhibits and Civil Cover Sheet served on Clarence Anicholas Clemons III on April 29, 2021, filed by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (VAN BENTHYSEN, BRETT)
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Filing 13
Letter. (VAN BENTHYSEN, BRETT)
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Filing 12
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice as to Brian D. Caplan. Brian D. Caplan shall, within 30 days of the date of the entry of this Order, submit a supplemental certification containing all of the information required by L.Civ.R. 101.1(c)(1). Signed by Magistrate Judge Tonianne J. Bongiovanni on 05/04/2021. (jdb)
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Filing 11
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Robert W. Clarida. Robert W. Clarida shall, within 30 days of the date of the entry of this Order, submit a supplemental certification containing all of the information required by L.Civ.R. 101.1(c)(1). Signed by Magistrate Judge Tonianne J. Bongiovanni on 05/04/2021. (jdb)
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Filing 10
TEXT ORDER: On April 19, 2021, Plaintiffs filed a Complaint against Defendants alleging violations of the Lanham Act. (ECF No. #1 .) Plaintiffs represent that the Complaint was served upon Defendants on April 19, 2021. On April 20, 2021, Plaintiffs filed a Motion for Temporary Restraining Order (ECF No. #2 ) and represent that Defendants were served with the Motion that same day. On April 21, 2021, the Court entered an Order scheduling a telephone conference concerning Plaintiffs' Motion for Temporary Restraining Order for April 26, 2021. (ECF No. 7 .) By way of correspondence dated April 22, 2021, Plaintiffs represent that Defendants were served with the dial-in information for the call via e-mail as well as Federal Express. (ECF No. #8 .) Plaintiffs appeared for the scheduled telephone conference; however, Defendants did not appear nor request an adjournment. The Court will provide Defendants one final opportunity to appear and show cause by April 30, 2021, as to why Plaintiffs' Motion for Temporary Restraining Order should not be granted. So Ordered by Judge Michael A. Shipp on 4/27/2021. (gxh)
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Remark: A copy of the 10 TEXT ORDER has been sent to Defendant Clarence Anicholas Clemons III, 63 Merritt Avenue, Neptune City, NJ 07753, and to Defendant Big Man's West LLC, c/o Beth Golub-Fromkin, 5138 NW 109th Terrace, Coral Springs, FL 33076. (gxh)
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Filing 9
Minute Entry for proceedings held before Judge Michael A. Shipp: Telephone Conference held on 4/26/2021. By no later than Friday, April 30, 2021, Defendants shall file a response to the pending Motion for Temporary Restraining Order and Preliminary Injunction. (Court Reporter: CATHY FORD.) (gxh)
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Filing 8
Letter from Brett Van Benthysen. (VAN BENTHYSEN, BRETT)
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Filing 7
TEXT ORDER: The Court is in receipt of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. (ECF No. #2 .) A Telephone Conference for this matter is scheduled for Monday, April 26, 2021, at 10:00 am. Plaintiffs are directed to provide the Court and Defendants with dial-in information for the call. So Ordered by Judge Michael A. Shipp on 4/21/2021. (gxh)
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Filing 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)
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Set Deadlines as to #6 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, )
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Filing 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)
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Filing 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, )
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Filing 3
AO120 Trademark Form filed. (mg)
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Filing 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)
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Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (mg)
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Set 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)
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Set 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)
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Filing 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)
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CLERK'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, )
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