BESTWAY INFLATABLES & MATERIAL CORP. v. MILLS et al
| BESTWAY INFLATABLES & MATERIAL CORP. |
| DOROTHEA MILLS, LAZYSIZE and JOHN/JANE DOE 1-10 |
| 2:2022cv01124 |
| March 23, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| R BARCLAY SURRICK |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 20 Copy of Order dated 4/27/22 (Document # 16) and envelope returned from the U.S. Postal Service addressed to Dorothea Mills for the following reason: Attempted - not known - unable to fwd.. (fdc) |
| Copy of Order/Notice dated 4/21/22 (Document # 13) and envelope returned from the U.S. Postal Service addressed to DOROTHEA MILLS for the following reason: RETURN TO SENDER, UNABLE TO FORWARD. (rf, ) |
| Copy of Order/Notice dated 4/21/22 (Document # 13) and envelope returned from the U.S. Postal Service addressed to LAZYSIZE for the following reason: RETURN TO SENDER, UNABLE TO FORWARD. (rf, ) |
| Copy of Order/Notice dated 4/19/22 (Document # 10) and envelope returned from the U.S. Postal Service addressed to DOROTHEA MILLS for the following reason: RETURN TO SENDER, UNABLE TO FORWARD. (rf, ) |
| Copy of Order/Notice dated 4/19/22 (Document # 10) and envelope returned from the U.S. Postal Service addressed to LAZYSIZE for the following reason: RETURN TO SENDER, UNABLE TO FORWARD. (rf, ) |
Filing 19
ORDER THAT THE PLAINTIFF BESTWAY INFLATABLES & MATERIAL CORP.S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND IMMEDIATE DISCOVERY 2 AND THE ORAL ARGUMENT AT THE APRIL 27, 2022 PRELIMINARY INJUNCTION HEARING, IT IS ORDERED THAT PLAINTIFFS MOTION WILL BE GRANTED. PLAINTIFFS REQUEST FOR A PRELIMINARY INJUNCTION IS GRANTED. PLAINTIFFS REQUEST TO FREEZE DEFENDANTS PAYPAL ACCOUNTS KNOWN TO BE ASSOCIATED WITH THE INFRINGING WEBSITE IS GRANTED. PLAINTIFFS REQUEST TO ENGAGE IN IMMEDIATE DISCOVERY IS GRANTED, INCLUDING BUT NOT LIMITED TO ISSUING SUBPOENAS TO THIRD PARTIES. PLAINTIFFS REQUEST TO SERVE DEFENDANTS BY EMAIL IS GRANTED; AS OUTLINED HEREIN.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/28/22. 4/29/22 ENTERED AND COPIES E-MAILED.(bw) Modified on 4/29/2022 (bw). Modified on 4/29/2022 (bw).
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| Filing 18 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/28/22. 4/29/22 ENTERED AND COPIES E-MAILED.(bw) Modified on 4/29/2022 (bw). Modified on 4/29/2022 (bw). |
| Filing 17 Declaration re #16 Order,, of Service by Electronic Mail by BESTWAY INFLATABLES & MATERIAL CORP.. (CALOIARO, STEVEN) |
| PAPER #16 MAILED TO UNREPS (JL) |
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Filing 16
ORDER THAT THE PLAINTIFF BESTWAY INFLATABLES & MATERIAL CORP.S ORAL ARGUMENT AT THE APRIL 27, 2022 PRELIMINARY INJUNCTION HEARING, IT IS ORDERED AS FOLLOWS THE TEMPORARY RESTRAINING ORDER ENTERED ON APRIL 8, 2022 IS EXTENDED FOR GOOD CAUSE; PLAINTIFF MUST ATTEMPT TO SERVE THIS ORDER ON DEFENDANTS AT THEIR LISTED ADDRESS BY ONE OF THE METHODS LISTED IN FED. R. CIV. P. 4(E) OR BY E-MAIL TO BESTWAYONSALE@OUTLOOK.COM AND SERVICES@BESTWAYONSALE.COM. PROOF OF SERVICE SHALL BE FILED NO LATER THAN APRIL 28, 2022. THIS ORDER EXPIRES AT 11:59 P.M. ON APRIL 28, 2022 UNLESS EXTENDED BY FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/27/22. 4/27/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO UNREPS.(bw)
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| Filing 15 Minute Entry for proceedings held before HONORABLE R. BARCLAY SURRICK TRO Hearing held on 4/27/22. Court Reporter: ESR. (bw) Modified on 4/28/2022 (lisad, ). |
| Filing 14 Declaration re #13 Order,,, of Service by U.S. and Electronic Mail by BESTWAY INFLATABLES & MATERIAL CORP.. (CALOIARO, STEVEN) |
| COPY OF DOC. NO. 13 HAS BEEN MAILED TO UNREPS. (bw) |
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Filing 13
ORDER THAT THE PLAINTIFFS REQUEST TO CONTINUE THE HEARING IS GRANTED; THE TEMPORARY RESTRAINING ORDER ISSUED ON APRIL 8, 2022 IS EXTENDED FOR GOOD CAUSE; THE HEARING WILL BE HELD ON APRIL 27, 2022 AT 1:00 P.M.; AND PLAINTIFF MUST ATTEMPT TO SERVE THIS ORDER ON DEFENDANTS AT THEIR LISTED ADDRESS BY ONE OF THE METHODS LISTED IN FED. R. CIV. P. 4(E). IF SERVICE IS UNABLE TO BE COMPLETED BY TRADITIONAL METHODS, PLAINTIFF MAY THEN SERVE DEFENDANTS BY E-MAIL TO BESTWAYONSALE@OUTLOOK.COM AND SERVICES@BESTWAYONSALE.COM. PROOF OF SERVICE SHALL BE FILED NO LATER THAN APRIL 26, 2022.THIS ORDER EXPIRES AT MIDNIGHT ON APRIL 28, 2022 UNLESS EXTENDED BY FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/21/22. 4/21/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO UNREPS.(bw)
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| Filing 12 AFFIDAVIT of Service by Melinda Poehlmann re: served Complaint; Motion for Temporary Restraining Order, Preliminary Injunction, and Immediate Discovery; Summons returned unexecuted to Dorothea Mills and Lazysize; Memorandum Order; and Order setting a hearing for April 22, 2022 upon services@bestwayonsale.com and bestwayonsale@outlook.com by EMAIL on April 19, 2022 (SOUTHALL, SAMANTHA) |
| COPY OF DOC. NOS. 10 AND 11 HAVE BEEN MAILED TO UNREPS. (bw) |
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Filing 11
ORDER THAT THE APPLICATION FOR ATTORNEY STEVEN A. CALOIARO for BESTWAY INFLATABLES & MATERIAL CORP., TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/19/22. 4/19/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO UNREPS.(bw) Modified on 4/20/2022 (bw).
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Filing 10
ORDER THAT THE APPLICATION FOR ATTORNEY JOHN S. ARTZ for BESTWAY INFLATABLES & MATERIAL CORP., TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/19/22. 4/19/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO UNREPS.(bw) Modified on 4/20/2022 (bw).
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| Filing 9 APPLICATION for Admission Pro Hac Vice of Steven A. Caloiaro by BESTWAY INFLATABLES & MATERIAL CORP.. ( Filing fee $ 40 receipt number APAEDC-15862058.). (SOUTHALL, SAMANTHA) |
| Filing 8 APPLICATION for Admission Pro Hac Vice of John S. Artz by BESTWAY INFLATABLES & MATERIAL CORP.. ( Filing fee $ 40 receipt number APAEDC-15862029.). (SOUTHALL, SAMANTHA) |
| The sum of $ 999 deposited into the Registry of the Court. (sbt) |
| Filing 4 Summons Returned Unexecuted by BESTWAY INFLATABLES & MATERIAL CORP. as to LAZYSIZE. (SOUTHALL, SAMANTHA) |
| Filing 3 Summons Returned Unexecuted by BESTWAY INFLATABLES & MATERIAL CORP. as to DOROTHEA MILLS. (SOUTHALL, SAMANTHA) |
| Summons Issued as to LAZYSIZE, DOROTHEA MILLS. E-MAILED To: COUNSEL on 3/24/22 (bw) |
| Filing 1 COMPLAINT against JOHN/JANE DOES, LAZYSIZE, DOROTHEA MILLS ( Filing fee $ 402 receipt number APAEDC-15808813.), filed by BESTWAY INFLATABLES & MATERIAL CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Designation Form)(SOUTHALL, SAMANTHA) |
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