Board of Park Commissioners of the Cleveland Metropolitan Park District v. Zoological Society of Pittsburgh
| Board of Park Commissioners of the Cleveland Metropolitan Park District |
| Zoological Society of Pittsburgh and Pittsburgh Zoo & PPG Aquarium |
| 1:2021cv01284 |
| July 2, 2021 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 25 Judgment Entry signed by Judge James S. Gwin on 8/9/2021. re #24 Order (S,KM) |
Filing 24
Marginal Entry Order signed by Judge James S. Gwin on 8/9/2021 approving Joint Stipulated Dismissal without prejudice. re #23 Notice (S,KM)
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| Filing 23 Notice of Dismissal Under FRCP 41(a)(1) filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. (Shufflebarger, Carrie) |
| Filing 22 Transcript of Temporary Restraining Order proceedings held on 07/15/2021 before Judge James S. Gwin. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman at Lance_Boardman@ohnd.uscourts.gov [40 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/10/2021. Redaction Request due 8/24/2021. Redacted Transcript Deadline set for 9/3/2021. Release of Transcript Restriction set for 11/1/2021. Related document(s) #21 . (B,LA) |
| Filing 21 14-Day Requested Non-Appeal Transcript Order Form for proceedings held on 7/15/2021 before Judge Gwin, Court Reporter: Lance Boardman. Requested completion date: Within 14 Days, filed by Ray Middleman, Zoological Society of Pittsburgh. (N,SE) |
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Filing 20
Order signed by Judge James S. Gwin on 7/22/2021. The Court denies Plaintiffs motion for a temporary restraining order but declines to rule on Plaintiffs preliminary injunction motion until after the parties could conduct expedited discovery (Related Doc #2 #7 #9 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/22/2021 granting Motion for appearance pro hac vice by attorney Shane D. Valenzi for Zoological Society of Pittsburgh. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #10 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/22/2021 granting Motion for appearance pro hac vice by attorney Candace Lynn Bell for Zoological Society of Pittsburgh. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #18 ). (S,KM)
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| Financial Transaction in the amount of $120.00 received from Candace Bell. Receipt # 14660132853. Related document(s) #18 . (R,AP) |
| Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the #AO121 Copyright Report Form or #AO120 Patent and Trademark Report Form by 7/26/2021. (W,Na) |
| Filing 19 Minutes of Motion Hearing before Judge James S. Gwin on 7/15/21. (Court Reporter: Lance Boardman.Time: 1 hour.)Related document(s) #9 , #2 . (T,A) |
| Filing 18 Motion for attorney Candace Lynn Bell to Appear Pro Hac Vice filed by Defendant Zoological Society of Pittsburgh. Filing fee not paid. (Attachments: #1 Cover Letter, #2 Declaration of Candace Lynn Bell, #3 Proposed Order, #4 Envelope) (L,Br) Modified on 7/14/2021 (L,Br). |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Ray F. Middleman for Zoological Society of Pittsburgh. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #16 ). Judge James S. Gwin on 7/14/21.(T,A)
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| Filing 17 Reply in support of #7 Amended Motion for temporary restraining order Motion for preliminary injunction filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit 2 - Capture - tianyuculture.us, #3 Exhibit 3 - Capture - Festival - www.pittsburghzoo.org, #4 Exhibit 4 - Capture - Pittsburgh Zoo)(Shufflebarger, Carrie) |
| Filing 16 Motion for attorney Ray F. Middleman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660132653, filed by Defendant Zoological Society of Pittsburgh. (Attachments: #1 Declaration of Ray F. Middleman, #2 Proposed Order , #3 Cover Letter, #4 Envelope) (R,AP) |
| Filing 15 Opposition to #7 Amended Motion for temporary restraining order Motion for preliminary injunction filed by Zoological Society of Pittsburgh. (Attachments: #1 Exhibit A: Encyclopedia Britannica article - Lantern Festivals, #2 Exhibit B: Excerpts from Tianyu Arts & Culture Inc's website, #3 Exhibit C: Examples of "Asian Lantern Festivals" in US, #4 Exhibit D: USPTO TSDR for US TM App Ser No 90801394, #5 Exhibit E: USPTO TSDR for US TM App Ser no 77244713, #6 Exhibit F: July 1, 2021 Ltr from C. Bell, Esq., #7 Exhibit G: Cleveland Metroparks webpage for Asian Lantern Festival)(Pest, Michael) |
| Filing 14 Original Summons issued to counsel for service upon Zoological Society of Pittsburgh (P.O. Box and One Wild Place). (W,CM) |
| Filing 13 Praecipe for issuance of Original Summons to One Wild Place filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. (Shufflebarger, Carrie) |
| Filing 12 Praecipe for issuance of Original Summons to P.O. Box filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. (Shufflebarger, Carrie) |
| Filing 11 Supplement to Motion for attorney Shane D. Valenzi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10919204, - Amended Declaration of Shane D. Valenzi, filed by Zoological Society of Pittsburgh. Related document(s) #10 . (Valenzi, Shane) |
| Filing 10 Motion for attorney Shane D. Valenzi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10919204, filed by Defendant Zoological Society of Pittsburgh. (Attachments: #1 Declaration of Shane D. Valenzi, #2 Proposed Order)(Valenzi, Shane) |
| Notice to Attorney Christopher R. Opalinski. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Filing 9 Motion for Expedited Discovery with Memorandum in Support filed by Plaintiff Board of Park Commissioners of the Cleveland Metropolitan Park District. (Attachments: #1 Exhibit First Set of Interrogatories, #2 Exhibit First Set of RFPs, #3 Proposed Order)(Shufflebarger, Carrie) |
| Filing 8 Emergency Motion for leave to exceed page limitations of Defendant's Memo in Opposition to Motion for TRO and Preliminary Injunction filed by Defendant Zoological Society of Pittsburgh. (Attachments: #1 Exhibit Defendant's Memo in Opposition to Motion for TRO and Preliminary Injunction, #2 Exhibit A to Memo: Excerpts from Tianyu Arts & Culture Inc's website, #3 Exhibit B to Memo: Examples of "Asian Lantern Festivals" in US, #4 Exhibit C to Memo: USPTO TSDR for US TM App Ser No 90801394, #5 Exhibit D to Memo: USPTO TSDR for US TM App Ser No 77244713 and Office Action, #6 Exhibit E to Memo: July 1, 2021 Ltr from C. Bell, Esq., #7 Exhibit F to Memo: Cleveland Metroparks webpage for Asian Lantern Festival, #8 Proposed Order)(Opalinski, Christopher) |
| IMPORTANT: Notice [non-document] of Motion Hearing set for 7/15/2021 at 02:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. (S,KM) |
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Order [non-document] entered by Judge James S. Gwin on 7/6/2021. The Court grants in part Defendant's Motion to exceed page limitations. The Court approves 22 pages with leave to refile opposition until 7/9/2021, if no opposition is filed, the Court will consider the first 22 pages of the opposition previously filed. The Court sets plaintiff reply date of 7/13/2021. (Related Doc #8 )(S,KM)
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| Filing 7 Amended Motion for temporary restraining order , Motion for preliminary injunction filed by Plaintiff Board of Park Commissioners of the Cleveland Metropolitan Park District. (Attachments: #1 Proposed Order)(Shufflebarger, Carrie) |
| Filing 6 FILING ERROR. Duplicate of Doc.#5 . Summons filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. Related document(s) #1 .(Shufflebarger, Carrie) Modified on 7/8/2021 (W,CM). |
| Filing 5 FILING ERROR. WRONG EVENT USED. Summons filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. Related document(s) #1 .(Shufflebarger, Carrie) To be refiled, modified on 7/8/2021 (W,CM). |
| Filing 4 Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI) |
| Filing 3 Attorney Appearance by Mark R. Butscha filed by on behalf of Board of Park Commissioners of the Cleveland Metropolitan Park District. (Butscha, Mark) |
| Filing 2 Motion for temporary restraining order , Motion for preliminary injunction filed by Plaintiff Board of Park Commissioners of the Cleveland Metropolitan Park District. (Attachments: #1 Proposed Order)(Shufflebarger, Carrie) |
| Filing 1 Verified Complaint for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and Damages against Zoological Society of Pittsburgh. Filing fee paid $ 402, Receipt number AOHNDC-10914357. Filed by Board of Park Commissioners of the Cleveland Metropolitan Park District. (Attachments: #1 Exhibit A - June 25 Email, #2 Exhibit B - June 29 2021 Letter, #3 Civil Cover Sheet). (Shufflebarger, Carrie) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI) |
| Judge James S. Gwin assigned to case. (L,MI) |
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| Defendant: Zoological Society of Pittsburgh | |
| Represented By: | Candace Lynn Bell |
| Represented By: | Christopher R. Opalinski |
| Represented By: | Michael P. Pest |
| Represented By: | Ray F. Middleman |
| Represented By: | Shane D. Valenzi |
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| Defendant: Pittsburgh Zoo & PPG Aquarium | |
| Represented By: | Candace Lynn Bell |
| Represented By: | Christopher R. Opalinski |
| Represented By: | Michael P. Pest |
| Represented By: | Ray F. Middleman |
| Represented By: | Shane D. Valenzi |
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| Plaintiff: Board of Park Commissioners of the Cleveland Metropolitan Park District | |
| Represented By: | Carrie A. Shufflebarger |
| Represented By: | Mark R. Butscha |
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