WARMAN et al v. LOCAL YOKELS FUDGE, LLC et al
Plaintiff: CHRISTOPHER M. WARMAN, CHOCOLATE MOONSHINE, LLC and TRUST FOR FAMILY OF CHRISTOPHER WARMAN
Defendant: CHARLES BRIAN GRIFFIN and CM CHOCOLATIER, LLC
3Rd Party Plaintiff: CHRISTINE FALVO, LOCAL YOKELS FUDGE, LLC and DONALD KONIECZNY
Counter Defendant: CHRISTOPHER M. WARMAN, JR
Case Number: 2:2019cv01224
Filed: September 24, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Patricia L Dodge
Referring Judge: William S Stickman
Nature of Suit: Trademark
Jury Demanded By: Both
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2020 Opinion or Order FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
April 26, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
April 10, 2020 Opinion or Order Filing 45 Order granting Joint Motion for Modification of Case Management Order #44 . The discovery deadline is extended until September 28, 2020. Plaintiffs' expert reports are due by October 26, 2020. Defendants' expert reports are due by November 23, 2020. Expert depositions shall be completed by December 21, 2020. A mid-discovery telephonic status conference will be held on July 28, 2020 at 9:30 a.m. A post-discovery telephonic status conference will be held on September 30, 2020 at 5 p.m. Conference call information will be supplied by email in advance of these conferences. Signed by Magistrate Judge Patricia L. Dodge on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
April 9, 2020 Opinion or Order Filing 44 Joint MOTION For Modification of Case Management Order re #34 Case Management Order,, by LOCAL YOKELS FUDGE, LLC. (Attachments: #1 Proposed Order) (Stein, Stanley)
March 28, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 19, 2020 Opinion or Order Filing 43 Errata re #41 Answer to Complaint, Counterclaim, by CM CHOCOLATIER, LLC, CHRISTINE FALVO, CHARLES BRIAN GRIFFIN, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC and against CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN and CHOCOLATE MOONSHINE, LLC. Reason for Correction: Parties. (Stein, Stanley) Modified text on 3/23/2020 to indicate roles of parties and to remove from public view "crossclaim". (jv)
March 19, 2020 Opinion or Order Filing 42 NOTICE of Appearance by Anthony W. Brooks on behalf of CHOCOLATE MOONSHINE, LLC, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHRISTOPHER M. WARMAN. (Brooks, Anthony)
March 18, 2020 Opinion or Order Filing 41 SECOND AMENDED ANSWER to #1 Complaint, New Matter and, COUNTERCLAIM against All Plaintiffs by LOCAL YOKELS FUDGE, LLC, CHRISTINE FALVO, DONALD KONIECZNY. (Stein, Stanley) Modified text on 3/23/2020 to remove "crossclaim" from entry. Entry also correct at #43 Errata re #41 Answer to Complaint, Counterclaim (jv)
March 18, 2020 Opinion or Order Filing 40 ANSWER to #1 Complaint, and New Matter and, COUNTERCLAIM against CHRISTOP:HER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN AND CHOCOLATE MOONSHINE, LLC by CM CHOCOLATIER, LLC, CHARLES BRIAN GRIFFIN. (Stein, Stanley) Modified text on 3/19/2020. (jv)
March 12, 2020 Opinion or Order Filing 39 REPORT of Mediation: Case has not been resolved. The parties have agreed that the undersigned mediator should stay involved in this case for further mediation sessions as they may be appropriate. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/11/2020. (Frampton, Thomas)
February 28, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion to Amend/Correct, filed by LOCAL YOKELS FUDGE, LLC, CM CHOCOLATIER, LLC, CHARLES BRIAN GRIFFIN, DONALD KONIECZNY, CHRISTINE FALVO: Amended Pleadings due by 3/31/2020. Signed by Magistrate Judge Patricia L. Dodge on 2/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
February 28, 2020 Opinion or Order Filing 37 Consent MOTION to Amend/Correct #34 Case Management Order, DATE BY WHICH PARTIES SHALL MOVE TO AMEND PLEADINGS by CM CHOCOLATIER, LLC, CHRISTINE FALVO, CHARLES BRIAN GRIFFIN, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC. (Attachments: #1 Proposed Order) (Stein, Stanley)
February 4, 2020 Opinion or Order Filing 36 NOTICE of Voluntary Dismissal OF THIRD-PARTY COMPLAINT AGAINST CHRISTOPHER M. WARMAN, JR., AND CM CHOCOLATIER, LLC by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC (Stein, Stanley)
January 28, 2020 Opinion or Order Filing 35 ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Magistrate Judge Patricia L. Dodge on 1/28/2020. (mqe)
January 28, 2020 Opinion or Order Filing 34 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 2/25/2020, Amended Pleadings due by 2/28/2020, Joinder of Parties due by 4/1/2020, Discovery due by 7/27/2020, Plaintiff Expert Reports due by 8/27/2020, Defendant Expert Reports due by 9/28/2020, and Expert Depositions to be completed by 10/28/2020. Post-Discovery Status Conference set for 7/28/2020 at 09:30 AM in Suite 9210 before Magistrate Judge Patricia L. Dodge. Signed by Magistrate Judge Patricia L. Dodge on 1/28/2020. (mqe)
January 28, 2020 Opinion or Order Filing 33 NOTICE of Appearance by Stanley M. Stein on behalf of CM CHOCOLATIER, LLC, CHARLES BRIAN GRIFFIN. (Stein, Stanley)
January 28, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Patricia L. Dodge: Initial Case Management Conference held on 1/28/2020. (Court Reporter: none) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (spc)
January 21, 2020 Opinion or Order Filing 32 STIPULATION selecting ADR process by CHOCOLATE MOONSHINE, LLC, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHRISTOPHER M. WARMAN, CHRISTOPHER M. WARMAN, JR. (Thomas, John)
January 21, 2020 Opinion or Order Filing 31 REPORT of Rule 26(f) Planning Meeting. (Thomas, John)
January 2, 2020 Opinion or Order Filing 30 AMENDED DOCUMENT - Amended Notice of Voluntary Dismissal of Cross-Claims against Christopher M. Warman, Jr. and CM Chocolatier, LLC by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC. Amendment to #29 Notice of Voluntary Dismissal. (Stein, Stanley)
January 2, 2020 Opinion or Order Filing 29 NOTICE of Voluntary Dismissal OF CROSS-CLAIMS AGAINST CHRISTOPHER M. WARMAN, JR., AND CM CHOCOLATIER, LLC by CHRISTINE FALVO, LOCAL YOKELS FUDGE, LLC (Stein, Stanley)
December 12, 2019 Opinion or Order Filing 28 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting to be conducted on or before 1/14/2020, Rule 26 Meeting Report due by 1/21/2020,Stipulation Selecting ADR Process due by 1/21/2020, Willingness to proceed before Magistrate Judge due by 1/2/2020. Initial Case Management set for 1/28/2020 at 09:00 AM in Suite 9210 before Magistrate Judge Patricia L. Dodge. Signed by Magistrate Judge Patricia L. Dodge on 12/12/2019. (mqe)
December 6, 2019 Opinion or Order Filing 27 ANSWER to #23 Answer to Complaint, Crossclaim, Counterclaim, by CHOCOLATE MOONSHINE, LLC, CHRISTOPHER M. WARMAN. (Thomas, John)
November 29, 2019 Opinion or Order Filing 26 ORDER granting #24 Motion for Extension of Time to File Answer to New Matter, Counterclaim and Crossclaim. Answer is now due on December 6, 2019. Signed by Magistrate Judge Patricia L. Dodge on 11/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Dodge, Patricia)
November 27, 2019 Opinion or Order Filing 25 RESPONSE to Motion re #24 MOTION for Extension of Time to File Answer to Defendants' New Matter, Counterclaim and Crossclaim filed by CHRISTINE FALVO, LOCAL YOKELS FUDGE, LLC. (Stein, Stanley)
November 27, 2019 Opinion or Order Filing 24 MOTION for Extension of Time to File Answer to Defendants' New Matter, Counterclaim and Crossclaim by CHOCOLATE MOONSHINE, LLC, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHRISTOPHER M. WARMAN. (Attachments: #1 Proposed Order) (Thomas, John)
November 16, 2019 Opinion or Order Filing 23 AMENDED ANSWER to #1 Complaint, New Matter, CROSSCLAIM against CM CHOCOLATIER, LLC, COUNTERCLAIM against CHOCOLATE MOONSHINE, LLC, CHRISTOPHER M. WARMAN, CHRISTOPHER M. WARMAN, JR by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC. (Stein, Stanley)
November 11, 2019 Opinion or Order Filing 22 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC. (Stein, Stanley)
November 7, 2019 Opinion or Order Filing 21 ORDER granting #20 Consent MOTION for Extension of Time to File Answer CM CHOCOLATIER, LLC answer due 11/13/2019 and CHARLES BRIAN GRIFFIN answer due 11/13/2019. Signed by Magistrate Judge Patricia L. Dodge on 11/7/2019. (mqe)
November 6, 2019 Opinion or Order Filing 20 Consent MOTION for Extension of Time to File Answer by CHOCOLATE MOONSHINE, LLC, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHRISTOPHER M. WARMAN. (Attachments: #1 Proposed Order) (Thomas, John)
November 4, 2019 Opinion or Order Filing 19 Disclosure Statement identifying None as corporate parent or other affiliate, by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC. (Stein, Stanley)
October 31, 2019 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #18 Answer to Complaint, Counterclaim. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/7/2019. (cjo)
October 30, 2019 Opinion or Order Filing 18 ANSWER to #1 Complaint, New Matter and, COUNTERCLAIM against CHOCOLATE MOONSHINE, LLC by CHRISTINE FALVO, LOCAL YOKELS FUDGE, LLC, DONALD KONIECZNY. (Attachments: #1 Certificate of Service) (Stein, Stanley)
October 29, 2019 Opinion or Order Filing 17 Summons Issued as to CHRISTOPHER M. WARMAN, JR (cjo)
October 28, 2019 Opinion or Order Filing 16 PRAECIPE to Issue Summons by CHRISTINE FALVO, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC (Stein, Stanley)
October 28, 2019 Opinion or Order Filing 15 THIRD PARTY COMPLAINT against CHRISTOPHER M. WARMAN, JR, filed by LOCAL YOKELS FUDGE, LLC, CHRISTINE FALVO, DONALD KONIECZNY. (Attachments: #1 Exhibit A) (Stein, Stanley)
October 18, 2019 Opinion or Order Filing 14 ORDER re #13 Stipulation for Extension of Time to Answer. Responsive pleading to Plaintiffs' Complaint due on or before 11/6/2019. Signed by Magistrate Judge Patricia L. Dodge on 10/18/2019. (mqe)
October 18, 2019 Opinion or Order Filing 13 Stipulation for Extension of Time to Answer by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC Answer due from CM CHOCOLATIER, LLC on 11/6/2019; CHARLES BRIAN GRIFFIN on 11/6/2019. (Attachments: #1 Proposed Order) (Thomas, John)
October 9, 2019 Opinion or Order Filing 12 Stipulation for Extension of Time to Answer by LOCAL YOKELS FUDGE, LLC, CHRISTINE FALVO, DONALD KONIECZNY Answer due from LOCAL YOKELS FUDGE, LLC on 11/6/2019; CHRISTINE FALVO on 11/6/2019; DONALD KONIECZNY on 11/6/2019. (Attachments: #1 Proposed Order) (Stein, Stanley)
October 3, 2019 Opinion or Order Filing 11 PATENT/TRADEMARK DOCUMENTS ISSUED. (jm)
October 2, 2019 Opinion or Order Filing 10 SUMMONS/Return of Service Returned Executed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. LOCAL YOKELS FUDGE, LLC served on 9/25/2019, answer due 10/16/2019. (Thomas, John)
October 2, 2019 Opinion or Order Filing 9 SUMMONS/Return of Service Returned Executed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. DONALD KONIECZNY served on 9/25/2019, answer due 10/16/2019. (Thomas, John)
October 2, 2019 Opinion or Order Filing 8 SUMMONS/Return of Service Returned Executed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. CM CHOCOLATIER, LLC served on 9/26/2019, answer due 10/17/2019. (Thomas, John)
October 2, 2019 Opinion or Order Filing 7 SUMMONS/Return of Service Returned Executed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. CHRISTINE FALVO served on 9/26/2019, answer due 10/17/2019. (Thomas, John)
October 2, 2019 Opinion or Order Filing 6 SUMMONS/Return of Service Returned Executed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. CHARLES BRIAN GRIFFIN served on 9/26/2019, answer due 10/17/2019. (Thomas, John)
October 2, 2019 Opinion or Order Filing 5 Disclosure Statement identifying None as corporate parent or other affiliate, by CHOCOLATE MOONSHINE, LLC. (Thomas, John)
September 25, 2019 Opinion or Order Filing 4 ORDER indicating that that the Clerk of Court reassign this action to another member of the Court for all further proceedings. Signed by Judge Nora Barry Fischer on 9/25/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 25, 2019 Opinion or Order Filing 3 ORDER OF RECUSAL. In accordance with the provisions of 28 U.S.C. 455, IT IS HEREBY ORDERED that Judge Stickman recuses himself from the above-captioned matter. The Clerk of Court is directed to reassign this case to another member of this Court. Signed by Judge William S. Stickman on 09/25/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
September 25, 2019 Opinion or Order Judge Nora Barry Fischer added. (mao)
September 25, 2019 Opinion or Order Judge William S. Stickman added. (mao)
September 25, 2019 Opinion or Order Magistrate Judge Patricia L. Dodge added. (mao)
September 25, 2019 Opinion or Order Judge William S. Stickman no longer assigned to case. (mao)
September 24, 2019 Opinion or Order Filing 2 Summons Issued as to CM CHOCOLATIER, LLC, CHRISTINE FALVO, CHARLES BRIAN GRIFFIN, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC (jm)
September 24, 2019 Opinion or Order Filing 1 COMPLAINT against CM CHOCOLATIER, LLC, CHRISTINE FALVO, CHARLES BRIAN GRIFFIN, DONALD KONIECZNY, LOCAL YOKELS FUDGE, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-5295441), filed by CHRISTOPHER M. WARMAN, TRUST FOR FAMILY OF CHRISTOPHER WARMAN, CHOCOLATE MOONSHINE, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (jm)

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Search for this case: WARMAN et al v. LOCAL YOKELS FUDGE, LLC et al
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3rd party plaintiff: CHRISTINE FALVO
Represented By: Stanley M. Stein
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3rd party plaintiff: LOCAL YOKELS FUDGE, LLC
Represented By: Stanley M. Stein
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3rd party plaintiff: DONALD KONIECZNY
Represented By: Stanley M. Stein
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Plaintiff: CHRISTOPHER M. WARMAN
Represented By: John C. Thomas
Represented By: Anthony W. Brooks
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Plaintiff: CHOCOLATE MOONSHINE, LLC
Represented By: John C. Thomas
Represented By: Anthony W. Brooks
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Plaintiff: TRUST FOR FAMILY OF CHRISTOPHER WARMAN
Represented By: John C. Thomas
Represented By: Anthony W. Brooks
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Defendant: CHARLES BRIAN GRIFFIN
Represented By: Stanley M. Stein
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Defendant: CM CHOCOLATIER, LLC
Represented By: Stanley M. Stein
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Counter defendant: CHRISTOPHER M. WARMAN, JR
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