Cellino & Barnes, P.C. et al v. Cellino & Cellino, LLP et al
Plaintiff: Cellino & Barnes, P.C. and Stephen E. Barnes
Defendant: DOES 1 through 4, inclusive and Cellino & Cellino, LLP
Case Number: 1:2019cv00729
Filed: June 5, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Elizabeth A Wolford
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2019 Filing 33 STIPULATION as to Attorney Withdrawal as co-counsel (pursuant to Local Rule 83.2(d)(2)) by Cellino & Cellino, LLP. (Szanyi, Kevin)
July 26, 2019 Filing 32 MEMORANDUM in Support re #24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay in Reply filed by Cellino & Cellino, LLP. (Hilliker, Julia)
July 26, 2019 Filing 31 DECLARATION signed by Vincent E. Doyle III re #24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay filed by Cellino & Cellino, LLP filed by Cellino & Cellino, LLP. (Hilliker, Julia)
July 26, 2019 Filing 30 DECLARATION signed by Anna Marie Cellino re #24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay filed by Cellino & Cellino, LLP filed by Cellino & Cellino, LLP. (Attachments: #1 Exhibit 1 - Current billboard, #2 Exhibit 2 - Current Super Lawyers listing)(Hilliker, Julia)
July 26, 2019 Filing 29 DECLARATION signed by Julia M. Hilliker re #24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay filed by Cellino & Cellino, LLP filed by Cellino & Cellino, LLP. (Attachments: #1 Exhibit 1 - Patent office printout, #2 Exhibit 2 - Historical C&B pages, #3 Exhibit 3 - Section from Trademark Manual)(Hilliker, Julia)
July 26, 2019 Filing 28 TEXT ORDER. The Court is in receipt of a letter dated July 24, 2019, from counsel for Defendant Cellino & Cellino LLP requesting an extension to the page limitation for reply briefs. The request is granted. Cellino & Cellino LLP may file a reply brief in further support of its motion to dismiss (Dkt. 24) of no more than 14 pages. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/26/2019. (CDH)
July 15, 2019 Filing 27 REPLY to Response to Motion re #24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay, #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Stephen E. Barnes, Cellino & Barnes, P.C.. (Attachments: #1 Declaration Steven Barnes, #2 Exhibit Ex. 1 - Billboards, #3 Exhibit Ex. 2 - Super Lawyers, #4 Exhibit Ex. 3 - Redacted Letter, #5 Memorandum in Support, #6 Certificate of Service)(Berloth, Christopher)
June 26, 2019 Filing 26 TEXT ORDER. Upon the joint request of the parties, the Court sets the following schedule as to the currently pending motions: Plaintiffs' response to Defendant Cellino & Cellino, LLP's ("Cellino & Cellino") motion to dismiss (Dkt. #24 ) and Plaintiffs' reply papers in further support of their motion for a temporary restraining order (Dkt. #4 ) shall be filed on or before July 15, 2019. Cellino & Cellino's reply papers in further support of their motion to dismiss shall be filed on or before July 26, 2019. Oral argument on the motion to dismiss and the motion for a temporary restraining order is set for August 2, 2019, at 10 a.m. at the United States Courthouse, 100 State Street, Rochester, New York. Please note the location. The preliminary injunction hearing currently scheduled to commence on August 1, 2019, is adjourned and will be rescheduled at a later date. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/26/2019. (CDH)
June 26, 2019 Filing 25 Corporate Disclosure Statement by Cellino & Cellino, LLP. (Hilliker, Julia)
June 21, 2019 Filing 24 MOTION to Dismiss Case, Cancel All Preliminary Injunction Proceedings, or Stay by Cellino & Cellino, LLP. (Attachments: #1 Memorandum in Support, #2 Declaration of Anna Marie Cellino, #3 Exhibit Formation document, #4 Exhibit Letter re: radio ads, #5 Exhibit Sample new billboard, #6 Declaration of Julia M. Hilliker, Esq., #7 Exhibit Verified Petition, #8 Exhibit Ross Cellino Affidavit, #9 Exhibit 5.15.17 Status quo order, #10 Exhibit 8.15.17 Status quo order, #11 Exhibit Order re: receiver, #12 Exhibit Decision re: motion to dismiss, #13 Exhibit Scheduling order, #14 Exhibit Barnes 5.1.19 letter to Judge Chimes, #15 Exhibit Transcript of 6.10.19 proceedings, #16 Exhibit Ross Cellino 5.6.19 letter to Judge Chimes)(Hilliker, Julia)
June 21, 2019 Filing 23 NOTICE of Appearance by Patrick John Hines on behalf of Cellino & Cellino, LLP (Hines, Patrick)
June 21, 2019 Filing 22 Corporate Disclosure Statement by Stephen E. Barnes, Cellino & Barnes, P.C.. (Berloth, Christopher)
June 20, 2019 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
June 13, 2019 Filing 21 AFFIDAVIT of Service for Summons & Verified Complaint, Motion Papers served on Annmarie Cellino on 6/6/2019, filed by Stephen E. Barnes, Cellino & Barnes, P.C.. (Attachments: #1 Affidavit Daniel Harwood)(Berloth, Christopher)
June 11, 2019 Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - TRO Motion held on June 10, 2019, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Contact Info 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/2/2019. Redacted Transcript Deadline set for 7/12/2019. Release of Transcript Restriction set for 9/9/2019. (KLH)
June 10, 2019 Filing 19 NOTICE of Appearance by Michael A. Oropallo on behalf of All Plaintiffs (Oropallo, Michael)
June 7, 2019 Filing 18 AMENDED DOCUMENT by Stephen E. Barnes, Cellino & Barnes, P.C.. Amendment to #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Corrected Version of Doc. #4-47 MOL. (Berloth, Christopher)
June 7, 2019 Filing 17 TEXT ORDER re #4 Motion for a Temporary Restraining Order and Preliminary Injunction; #5 Motion to Expedite Hearing. Responses to the request for a temporary restraining order ("TRO") are due on or before June 21, 2019. Replies regarding the request for a TRO are due on or before June 27, 2019. Oral argument on the request for a TRO is set for July 2, 2019, at 1:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York. A preliminary injunction hearing is set for August 1, 2019, and will continue each day thereafter until completed (subject to the scheduling issues discussed during the appearance on June 7, 2019) at the United States Courthouse, 2 Niagara Square, Buffalo, New York. Please note the location for each of these proceedings. After resolving the request for a TRO, the Court will set additional deadlines, including those for filing witness and exhibit lists with respect to the preliminary injunction hearing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/07/2019. (CDH).
June 7, 2019 Filing 16 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Pltf: Chris Berloth, Esq., Greg Photiadis, Esq.; Dft: Julia Hilliker, Esq., Rob Fluskey, Esq., Kevin Szanyi, Esq. Status Conference held on 6/7/2019. Court directs Plaintiff to file a corrected copy of their papers not later than 6/10/2019 a.m.; paper copy to be delivered at the same time. Defendant's response due 6/21/2019, Plaintiff's reply due 6/27/2019, Hearing set for 7/2/2019 at 1:00 p.m. at 100 State Street, Rochester New York, before Hon. Elizabeth A. Wolford. Text Order will be filed. Evidentiary hearing set for 8/1/2019 and continuing each day thereafter at 2 Niagara Square, Buffalo, New York. Text Order will be filed. (Court Reporter Karen Bush.) (SDW)
June 7, 2019 Filing 15 NOTICE of Appearance by Robert J. Fluskey, Jr on behalf of Cellino & Cellino, LLP (Fluskey, Robert)
June 6, 2019 Filing 14 NOTICE of Appearance by Kevin A. Szanyi on behalf of Cellino & Cellino, LLP (Szanyi, Kevin)
June 6, 2019 Filing 13 TEXT ORDER: Counsel for both parties are hereby directed to appear at a Status Conference set for 6/7/2019 at 9:30 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. Signed by Hon. Elizabeth A. Wolford on 6/6/2019. (DPS)
June 6, 2019 Filing 12 NOTICE of Appearance by Julia M. Hilliker on behalf of Cellino & Cellino, LLP (Hilliker, Julia)
June 6, 2019 Case reassigned to Hon. Elizabeth A. Wolford. Hon. Lawrence J. Vilardo no longer assigned to the case. (KLH)
June 6, 2019 Filing 11 TEXT ORDER. The Hon. Lawrence J. Vilardo hereby recuses himself in this matter. The Clerk of Court is hereby requested to assign this case to another United States District Judge. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/6/2019. (CMD)-CLERK TO FOLLOW UP-
June 6, 2019 Remark: Exhibit J (at dkt. #4-12) has been received in the form of one CD containing audio files and is maintained in the Clerk's file. (KLH)
June 6, 2019 Filing 10 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 Copy of Complaint, #2 Continuation of Complaint)(KLH)
June 6, 2019 Filing 9 Summons Issued as to Cellino & Cellino, LLP. (KLH)
June 6, 2019 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (KLH)
June 6, 2019 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH)
June 6, 2019 Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KLH)
June 6, 2019 Filing 8 CORRECTED COMPLAINT (to correct footnote #17 at page 26) by Stephen E. Barnes, Cellino & Barnes, P.C. (Photiadis, Gregory) Modified on 6/6/2019 (KLH).
June 6, 2019 Filing 7 NOTICE of Appearance by Gregory P. Photiadis on behalf of All Plaintiffs (Photiadis, Gregory)
June 5, 2019 Filing 6 AMENDED EXHIBIT #2 to #4 Motion by Stephen E. Barnes, Cellino & Barnes, P.C. (Berloth, Christopher) Modified on 6/6/2019 (KLH).
June 5, 2019 Filing 5 MOTION to Expedite Hearing by Stephen E. Barnes, Cellino & Barnes, P.C.. (Attachments: #1 Notice of Motion, #2 Declaration Barnes, #3 Exhibit Exhibit 1 to Barnes, #4 Exhibit Exhibit 2 to Barnes, #5 Exhibit Exhibit 3 to Barnes, #6 Anticipated Witness Testimony, #7 Text of Proposed Order Expedite Hearing, #8 Certificate of Service)(Berloth, Christopher)
June 5, 2019 NOTICE of MANUAL FILING by Stephen E. Barnes, Cellino & Barnes, P.C. re #4 Doc. 4-12 (Ex. J to Oropallo Decl) (Berloth, Christopher)
June 5, 2019 Filing 4 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Stephen E. Barnes, Cellino & Barnes, P.C.. (Attachments: #1 Notice of Motion, #2*DISREGARD-Amended document has been re-filed at dkt #6 Declaration Oropallo, #3 Exhibit Ex A to Oropallo, #4 Exhibit Ex B to Oropallo, #5 Exhibit Ex C to Oropallo, #6 Exhibit Ex D to Oropallo, #7 Exhibit Ex E to Oropallo, #8 Exhibit Ex F to Oropallo, #9 Exhibit Ex G to Oropallo, #10 Exhibit Ex H to Oropallo, #11 Exhibit Ex I to Oropallo, #12 Exhibit Ex J to Oropallo (Manual Filing), #13 Exhibit Ex K to Oropallo, #14 Declaration Bachwitz, #15 Exhibit Ex 1 to Bachwitz, #16 Exhibit Ex 2 to Bachwitz, #17 Exhibit Ex 3 to Bachwitz, #18 Declaration McDonald, #19 Exhibit Ex A to McDonald, #20 Exhibit Ex B to McDonald, #21 Exhibit Ex C to McDonald, #22 Exhibit Ex D to McDonald, #23 Exhibit Ex E to McDonald, #24 Exhibit Ex F to McDonald, #25 Exhibit Ex G to McDonald, #26 Exhibit Ex H to McDonald, #27 Exhibit Ex I to McDonald, #28 Exhibit Ex J to McDonald, #29 Exhibit Ex K to McDonald, #30 Exhibit Ex L to McDonald, #31 Exhibit Ex M to McDonald, #32 Exhibit Ex N to McDonald, #33 Exhibit Ex O to McDonald, #34 Exhibit Ex P to McDonald, #35 Exhibit Ex Q to McDonald, #36 Exhibit Ex R to McDonald, #37 Exhibit Ex S to McDonald, #38 Exhibit Ex T to McDonald, #39 Exhibit Ex U to McDonald, #40 Exhibit Ex V to McDonald, #41 Exhibit Ex W to McDonald, #42 Exhibit Ex X to McDonald, #43 Exhibit Ex Y to McDonald, #44 Exhibit Ex Z to McDonald, #45 Declaration Frankel, #46 Exhibit Ex A to Frankel, #47**Corrected Document has been refiled at Dkt. #18** Memorandum in Support MOL in Support, #48 Text of Proposed Order Proposed Order TRO, #49 Text of Proposed Order Proposed Order PL, #50 Certificate of Service)(Berloth, Christopher) Modified on 6/6/2019 re attachment 2 (KLH). Modified on 6/10/2019 re attachment 47 (KLH).
June 5, 2019 Filing 3 Original Summons Filed. (Berloth, Christopher)
June 5, 2019 Filing 2 CONTINUATION OF EXHIBITS to #1 Complaint,,, . (Attachments: #1 Exhibit Ex 15 to Verified Complaint, #2 Exhibit Ex 16 to Verified Complaint, #3 Exhibit Ex 17 to Verified Complaint, #4 Exhibit Ex 18 to Verified Complaint, #5 Exhibit Ex 19 to Verified Complaint, #6 Exhibit Ex 20 to Verified Complaint, #7 Exhibit Ex 21 to Verified Complaint, #8 Exhibit Ex 22 to Verified Complaint, #9 Exhibit Ex 23 to Verified Complaint, #10 Exhibit Ex 24 to Verified Complaint, #11 Exhibit Ex 25 to Verified Complaint, #12 Exhibit Ex 26 to Verified Complaint, #13 Exhibit Ex 27 to Verified Complaint, #14 Exhibit Ex 28 to Verified Complaint, #15 Exhibit Ex 29 to Verified Complaint, #16 Exhibit Ex 30 to Verified Complaint, #17 Exhibit Ex 31 to Verified Complaint, #18 Exhibit Ex 32 to Verified Complaint, #19 Exhibit Ex 33 to Verified Complaint, #20 Exhibit Ex 34 to Verified Complaint, #21 Exhibit Ex 35 to Verified Complaint, #22 Exhibit Ex 36 to Verified Complaint, #23 Exhibit Ex 37 to Verified Complaint, #24 Exhibit Ex 38 to Verified Complaint, #25 Certificate of Service Certificate of Service)(Berloth, Christopher)
June 5, 2019 Filing 1 *Main document has been re-filed at #8 to correct a clerical error*COMPLAINT against All Defendants $ 400 receipt number 0209-3474369, filed by Cellino & Barnes, P.C., Stephen E. Barnes. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex 1 to Verified Complaint, #3 Exhibit Ex 2 to Verified Complaint, #4 Exhibit Ex 3 to Verified Complaint, #5 Exhibit Ex 4 to Verified Complaint, #6 Exhibit Ex 5 to Verified Complaint, #7 Exhibit Ex 6 to Verified Complaint, #8 Exhibit Ex 7 to Verified Complaint, #9 Exhibit Ex 8 to Verified Complaint, #10 Exhibit Ex 9 to Verified Complaint, #11 Exhibit Ex 10 to Verified Complaint, #12 Exhibit Ex 11 to Verified Complaint, #13 Exhibit Ex 12 to Verified Complaint, #14 Exhibit Ex 13 to Verified Complaint, #15 Exhibit Ex 14 to Verified Complaint)(Berloth, Christopher) Modified on 6/6/2019 (KLH).

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Plaintiff: Cellino & Barnes, P.C.
Represented By: Christopher M. Berloth
Represented By: Michael A. Oropallo
Represented By: Gregory P. Photiadis
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Plaintiff: Stephen E. Barnes
Represented By: Christopher M. Berloth
Represented By: Michael A. Oropallo
Represented By: Gregory P. Photiadis
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Defendant: DOES 1 through 4, inclusive
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Defendant: Cellino & Cellino, LLP
Represented By: Julia M. Hilliker
Represented By: Robert J. Fluskey, Jr.
Represented By: Patrick John Hines
Represented By: Kevin A. Szanyi
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