National Association of E.E. Smith Alumni and Friends, Inc. v. National Association of E.E. Smith and Friends, Inc. et al
| NATIONAL ASSOCIATION OF E.E. SMITH ALUMNI AND FRIENDS, INC. (NAEESAF and National Association of E.E. Smith Alumni and Friends, Inc. |
| National Association of E.E. Smith and Friends, Inc. and Kevin Ashton |
| Walter O. Melvin |
| 5:2023cv00321 |
| June 15, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 17
Memorandum in Support regarding #16 MOTION to Intervene filed by Walter O. Melvin. (Collins, S)
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Filing 16
MOTION to Intervene filed by Walter O. Melvin. (Attachments: #1 List of Exhibits, #2 PROPOSED SEALED - Exhibit - Plaintiff's registered name with IRS, #3 PROPOSED SEALED - Plaintiff's 2019 IRS Form 990, #4 Exhibit - Plaintiff's List of IRS Form 990s filed, #5 PROPOSED SEALED - Plaintiff's IRS Notice of Revocation, #6 Exhibit - Proposed Intervenors Letter to Plaintiff on KC Evans dues renewal, #7 Exhibit - Proposed Intervenor's letter to Plaintiff on LD Gairy dues renewal, #8 Exhibit - Proposed Intervenor's copy of KC Evans dues renewal check, #9 Exhibit - Proposed Intervenor's copy of LD Gairy dues renewal check, #10 Exhibit - Proposed Intervenor's copies of green cards providing receipt of letter with checks, #11 Exhibit - Cumberland County criminal investigation report, #12 Exhibit - Arrest Warrant on Ivy Wright, #13 Smith Certificate of Compliance, #14 Envelope) (Collins, S)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S)
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Filing 15
ORDER Ex Parte denying #7 Ex Parte Motion for Temporary Restraining Order; Ex Parte denying #8 Ex Parte Motion for Temporary Restraining Order. Upon consideration of documents filed by an individual Walter O. Melvin, styled as including a motion to dismiss, the court construes such documents as including, as a necessary prerequisite to the relief sought, an implied motion to intervene as party defendant, where Walter O. Melvin is not named as a defendant in plaintiffs amended complaint. See Fed. R. Civ. P. 24. Where the motion, as so construed, does not comply with the requirements of Rule 24, the motion is DENIED without prejudice. Signed by District Judge Louise Wood Flanagan on 7/17/2023. A Copy of order mailed to Walter O. Melvin at 4356 56th Ave. N., St. Petersburg, FL 33714. (Carter, Alexus)
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Filing 14
Documents: Filed by Walter O. Melvin. (Carter, Alexus)
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Filing 13
ORDER - For good cause shown, the motion [DE- #12 ] is GRANTED. Defendants have up to and including August 15, 2023, within which to answer or otherwise respond to the complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 7/14/2023. Copy of order mailed to The National Association of E.E. Smith Alumni and Friends, INC, Post Office Box 8218, Fayetteville, NC, 28311. (Carter, Alexus)
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Filing 12
MOTION for Extension of Time to File Answer regarding #1 Complaint, #3 Amended Complaint, filed by Kevin Ashton, National Association of E.E. Smith and Friends, Inc.. (Attachments: #1 Envelope) (Carter, Alexus)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer regarding #1 Complaint, #3 Amended Complaint. (Carter, Alexus)
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Filing 11
SUMMONS Returned Executed by National Association of E.E. Smith Alumni and Friends, Inc.. Kevin Ashton served on 6/25/2023, answer due 7/16/2023. (Locus, James)
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Filing 10
SUMMONS Returned Executed by National Association of E.E. Smith Alumni and Friends, Inc.. National Association of E.E. Smith and Friends, Inc. served on 6/29/2023, answer due 7/20/2023. (Locus, James)
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Filing 9
Memorandum in Support regarding #8 EX PARTE MOTION for Temporary Restraining Order by National Association of E.E. Smith Alumni and Friends, Inc. filed by National Association of E.E. Smith Alumni and Friends, Inc.. (Attachments: #1 Index LIST OF ATTACHMENTS, #2 Exhibit NAEESAF ARTICLES OF INCORPORATION, #3 Exhibit BY LAWS FOR NAEESAF, #4 Exhibit NAEESAF FACEBOOK PAGE, #5 Exhibit HALL OF FAME BROCHURE, #6 Exhibit HALL OF FAME BANKING STATEMENT, #7 Exhibit NAEESAF BANKING STATEMENT, #8 Exhibit FIRST CEASE AND DESIST LETTER, #9 Exhibit 3.1.23 ARTICLES OF INCORPORATION, #10 Exhibit 3.13.23 ARTICLES OF INCORPORATION, #11 Exhibit 3.1.23 ARTICLES OF INCORPORATION, #12 Exhibit 2ND CEASE AND DESIST LETTER, #13 Exhibit DEFENDANTS' FACEBOOK PAGE) (Locus, James)
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Filing 8
EX PARTE MOTION for Temporary Restraining Order by National Association of E.E. Smith Alumni and Friends, Inc. . (Attachments: #1 Text of Proposed Order Proposed Order) (Locus, James)
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NOTICE OF DEFICIENCY regarding #7 Ex Parte Motion for TRO. Counsel is directed to refile their Motion for TRO and Memorandum in Support as separate pleadings. Counsel should first file the Motion for Temporary Restraining Order using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion for Temporary Restraining Order when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Collins, Sandra)
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Filing 7
EX PARTE MOTION for Temporary Restraining Order by National Association of E.E. Smith Alumni and Friends, Inc. . (Attachments: #1 Text of Proposed Order Text of Proposed Order, #2 Memorandum of Law, #3 Index List of Attachments, #4 Exhibit Exhibit 1 - NAEESAF Articles of Incorporation, #5 Exhibit NAEESAF Bylaws, #6 Exhibit Exhibit 3 - Facebook page, #7 Exhibit Hall of Fame Brochure, #8 Exhibit NAEESAF Hall of fame banking statement, #9 Exhibit NAEESAF BANKING STATEMENT, #10 Exhibit EXHIBIT 7 FIRST CEASE AND DESIST LETTER, #11 Exhibit 3.1.23 ARTICLES OF INCORPORATION, #12 Exhibit 3.13.23 ARTICLES OF INCORPORATION, #13 Exhibit 3.13.23 ARTICLES OF INCORPORATION, #14 Exhibit EXHIBIT 11 -SECOND CEASE AND DESIST LETTER, #15 Exhibit EXHIBIT 12 DEFENDANTS' FACEBOOK PAGE) (Locus, James)
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Filing 6
Summons Issued as to Kevin Ashton, National Association of E.E. Smith and Friends, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
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Notice to Counsel regarding: #2 Civil Cover Sheet. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the civil cover sheet) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
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Filing 5
Financial Disclosure Statement by National Association of E.E. Smith Alumni and Friends, Inc. identifying Corporate Parent National Association of E.E.Smith Alumni & Friends, Inc for National Association of E.E. Smith Alumni and Friends, Inc.. (Locus, James)
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Filing 4
Notice of Appearance filed by James H. Locus, Jr on behalf of All Plaintiffs. (Locus, James)
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Filing 3
AMENDED COMPLAINT against All Defendants, filed by National Association of E.E. Smith Alumni and Friends, Inc.. (Attachments: #1 Index LIST OF ATTACHMENTS, #2 Exhibit NAEESAF ARTICLES OF INCORPORATION, #3 Exhibit BY LAWS FOR NAEESAF, #4 Exhibit NAEESAF FACEBOOK PAGE, #5 Exhibit HALL OF FAME BROCHURE, #6 Exhibit HALL OF FAME BANKING STATEMENT, #7 Exhibit NAEESAF BANKING STATEMENT, #8 Exhibit FIRST CEASE AND DESIST LETTER, #9 Exhibit 3.1.23 ARTICLES OF INCORPORATION, #10 Exhibit 3.13.23 ARTICLES OF INCORPORATION, #11 Exhibit 3.13.23 ARTICLES OF INCORPORATION, #12 Exhibit 2ND CEASE AND DESIST LETTER, #13 Exhibit DEFENDANTS' FACEBOOK PAGE) (Locus, James)
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Filing 2
Civil Cover Sheet, COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number 081017.), COUNTERCLAIM against All Plaintiffs All Plaintiffs, CROSSCLAIM against All Plaintiffs All Plaintiffs, FOURTH PARTY COMPLAINT against All Plaintiffs, filed by NATIONAL ASSOCIATION OF E.E. SMITH ALUMNI AND FRIENDS, INC. (NAEESAF. (Attachments: #1 Proposed Summons, #2 Proposed Summons.
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Filing 1
COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number BNCEDC-7140973.), filed by NATIONAL ASSOCIATION OF E.E. SMITH ALUMNI AND FRIENDS, INC. (NAEESAF. (Attachments: #1 Index, #2 Exhibit 1- Articles of Incorporation dated 1/9/79, #3 Exhibit 2- NAEESAF Bylaws and Constitution, #4 Exhibit 3- NAEESAF Face Book Page, #5 Exhibit 4- Hall Of Fame Brochure, #6 Exhibit 5- NAEESAF Hall Of Fame Banking Statement, #7 Exhibit 6- NAEESAF Scholar Banking Statement, #8 Exhibit 7- Ashton Cease and Desist Letter Dated 3/31/23, #9 Exhibit 8- Articles of Incorporation dated 3/1/23, #10 Exhibit 9- Articles of Incorporation dated 3/13/23, #11 Exhibit 10- Articles of Incorporation (Hall of Fame) dated 3/13/23, #12 Exhibit 11- Cease and desist letter from K. Schaede dated 5/12/23, #13 Exhibit 12- Defendants Facebook page) (Locus, James) Modified on 6/22/2023 to describe exhibits. (Rudd, D.)
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