Court: | gand |
Docket #: | 1:02-cv-01008 |
Case Name: | Whistler v. World Wrestling Fed, et al |
PACER case #: | 16376 |
Date filed: | 2002-04-17 |
Date terminated: | 2004-07-30 |
Assigned to: | Judge Clarence Cooper |
Case Cause: | 15:1114 Trademark Infringement |
Nature of Suit: | 840 Trademark |
Jury Demand: | Both |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
Larry Whistler Plaintiff also known asLarry Zbyszko also known asThe Living Legend |
Ben C. Brodhead Curtis B. Krasik Joel D. Myers |
World Wrestling Federation Entertainment, Inc. Defendant a Connecticut Corporation |
Celeste McCollough Curtis B. Krasik Jerry S. McDevitt John L. Taylor , Jr. Otto F. Feil , III |
Vince McMahon Defendant TERMINATED: 08/07/2003 |
Celeste McCollough Curtis B. Krasik Jerry S. McDevitt John L. Taylor , Jr. Otto F. Feil , III |
Chris Irvine Defendant TERMINATED: 08/07/2003 also known asChris Jericho also known asJericho |
Celeste McCollough Jerry S. McDevitt John L. Taylor , Jr. Otto F. Feil , III |
Edwin K. Palmer Movant |
Joel D. Myers |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2002-04-17 | 1 | 0 | COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 487248 (aet) (Entered: 04/29/2002) | |||
2002-06-17 | 2 | 0 | MOTION by defendants to dismiss with brief in support. (slc) (Entered: 06/18/2002) | |||
2002-06-17 | 3 | 0 | WAIVERS OF SERVICE Returned Executed as to World Wrestling Federation, Vince McMahon, and Chris Irvine, mailed 4/17/02. Answer due by 6/16/02 for dfts. (slc) (Entered: 06/18/2002) | |||
2002-07-03 | 4 | 0 | Response by plaintiff in opposition to [2-1] motion to dismiss. (lme) (Entered: 07/05/2002) | |||
2002-07-22 | 5 | 0 | Reply brief to [2-1] motion to dismiss by defendants. (slc) (Entered: 07/25/2002) | |||
2002-07-24 | 6 | 0 | Preliminary Report and Discovery Schedule. (to judge) (slc) (Entered: 07/26/2002) | |||
2002-07-26 | 7 | 0 | Certificate of interested persons. (to judge) (slc) (Entered: 07/26/2002) | |||
2002-07-30 | 8 | 0 | CONSENT ORDER by Judge Clarence Cooper, extending time thru 07/24/02 w/in which parties may file certificates of interested parties and prel stmt . (nunc pro tunc) (cc) (slc) (Entered: 08/01/2002) | |||
2002-08-05 | 9 | 0 | ENDORSED ORDER by Judge Clarence Cooper APPROVING [6-1] preliminary statement. (cc) (slc) (Entered: 08/06/2002) | |||
2002-11-25 | 10 | 0 | ORDER by Judge Clarence Cooper GRANTING IN PART AND DENYING IN PART [2-1] motion to dismiss by Chris Irvine, Vince McMahon, World Wrestling Federation; Dfts' m to dism Count 1 of cmp as to all dfts is GRANTED. Dfts' m to dism Counts 2-5 against McMahon is DENIED. Dfts' m to dism for lack of personal jurisdiction over McMahon and Irvine is DENIED as premature. The parties shall have a period of 60 days from the date of this order to conduct discovery w/respect to McMahon's and Irvine's contacts w/the St of GA. (cc) (slc) (Entered: 11/26/2002) | |||
2002-12-10 | 11 | 0 | ANSWER by defendants to complaint [1-1]. Discovery ends 5/9/03; jury demand. (slc) (Entered: 12/11/2002) | |||
2002-12-19 | 12 | 0 | Joint MOTION for Court to set discovery schedule in light of 11/25/02 order . (to CC) (slc) Modified on 12/23/2002 (Entered: 12/23/2002) | |||
2002-12-31 | 13 | 0 | ORDER by Judge Clarence Cooper GRANTING [12-1] joint motion for Court to set discovery schedule in light of 11/25/02 order. The ORDER is as follows: The dates 11/25/02 - 01/24/03 shall be set aside for discovery on the issue of personal jurisdiction as to McMahon and Irvine only; by 02/13/03, the defendants McMahon and Irvine will either renew their motion to dismiss based on personal jurisdiction grounds or they will acknowledge that the case may go forward against them personally in this jurisdiction; upon the earlier of (1), 20 days after the Court's ruling on the renewed motion to dismiss for lack of personal jurisdiction if one is filed, or (2), 20 days after 02/13/03 (i.e. 03/05/03) if no renewed motion to dismiss for lack of personal jurisdiction is filed, general discovery (including the parties' filing of initial disclosures under FRCP 26(f) will commence and will continue for a period of 4 months. (cc) (slc) Modified on 01/13/2003 (Entered: 12/31/2002) | |||
2003-01-23 | 14 | 0 | Application for admission of Jerry S. McDevitt, pro hac vice, for defendants. (to CC) (slc) (Entered: 01/24/2003) | |||
2003-01-23 | 15 | 0 | Application for admission of Curtis B. Krasik, pro hac vice, for defendants. (to CC) (slc) (Entered: 01/24/2003) | |||
2003-01-24 | 16 | 0 | Attorney appearance for plaintiff by Ben C. Brodhead. (slc) (Entered: 01/27/2003) | |||
2003-01-31 | 17 | 0 | ENDORSED ORDER by Judge Clarence Cooper GRANTING [14-1] pro hac vice application. (cc) (slc) (Entered: 01/31/2003) | |||
2003-01-31 | 18 | 0 | ENDORSED ORDER by Judge Clarence Cooper GRANTING [15-1] pro hac vice application. (cc) (slc) (Entered: 01/31/2003) | |||
2003-02-13 | 19 | 0 | MOTION by defendants Vince McMahon and Chris Irvine to dismiss with brief in support. (slc) (Entered: 02/14/2003) | |||
2003-02-13 | 20 | 0 | Notice of filing exhibit 5 by defendants Vince McMahon, and Chris Irvine in support of [19-1] motion to dismiss. (slc) (Entered: 02/14/2003) | |||
2003-02-28 | 21 | 0 | Response by plaintiff in opposition to [19-1] motion to dismiss. (slc) (Entered: 03/03/2003) | |||
2003-02-28 | 22 | 0 | Notice of filing exhibit 3 by plaintiff in opposition to [19-1] motion to dismiss. (slc) (Entered: 03/03/2003) | |||
2003-02-28 | 23 | 0 | Notice of filing by plaintiff in opposition to [19-1] motion to dismiss. (slc) (Entered: 03/03/2003) | |||
2003-03-14 | 24 | 0 | Reply brief in support of [19-1] motion to dismiss by defendants Vince McMahon and Chris Irvine. (slc) (Entered: 03/17/2003) | |||
2003-03-21 | 25 | 0 | Supplemental response by plaintiff to [19-1] renewed motion to dismiss. (slc) (Entered: 03/24/2003) | |||
2003-04-02 | 26 | 0 | OBJECTION AND RESPONSE by defendants Vince McMahon, and Chris Irvine to supplemental response to [19-1] motion to dismiss. (slc) (Entered: 04/03/2003) | |||
2003-08-07 | 27 | 0 | ORDER by Judge Clarence Cooper GRANTING [19-1] motion to dismiss defendants McMahon and Irvine. (cc) (slc) (Entered: 08/08/2003) | |||
2003-08-27 | 28 | 0 | ANSWERS TO INITIAL DISCLOSURES by plaintiff (vs) (Entered: 08/28/2003) | |||
2003-10-27 | 29 | 0 | Stipulation to extend time for pla's responses and objections to dft's interrogatiories and request to produce. The parties agree to extend the time for pal's responses and objections for a period of 2 additional days, through and including 10/29/03. (vs) (Entered: 10/28/2003) | |||
2003-11-12 | 30 | 0 | Joint MOTION to extend time for discovery an additional 2 months with proposed order. (to CC) (vs) (Entered: 11/13/2003) | |||
2003-11-17 | 31 | 0 | ORDER by Judge Clarence Cooper GRANTING [30-1] joint motion to extend time for discovery an additional 2 months, Discovery ends 2/27/04 (cc) (vs) (Entered: 11/17/2003) | |||
2003-11-20 | 32 | 0 | ORDER by Judge Clarence Cooper GRANTING [30-1] joint motion to extend time for discovery an additional 2 months, Discovery ends 1/20/04 (cc) (vs) (Entered: 11/21/2003) | |||
2004-01-13 | 33 | 0 | MOTION by defendant to compel production of documents with brief in support. (vs) (Entered: 01/14/2004) | |||
2004-01-26 | 34 | 0 | Response by plaintiff to [33-1] motion to compel production of documents (vs) (Entered: 01/27/2004) | |||
2004-01-28 | 35 | 0 | Stipulation and PROTECTIVE ORDER ENTERED by Judge Clarence Cooper. (vs) Modified on 01/28/2004 (Entered: 01/28/2004) | |||
2004-02-09 | 36 | 0 | MOTION by defendant to file excess pages limitation with brief in support. (to CC) (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 37 | 0 | MOTION by defendant for summary judgment with brief in support.(Brief filed under seal) (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 38 | 0 | Memo of law, stmt of facts, appendix by defendant in support [37-1] motion for summary judgment (FILED UNDER SEAL) (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 39 | 0 | Notice of Expert report of Professor David M. Yerkes by defendant. (vs) (Entered: 02/10/2004) | 2014-12-15 15:54:55 | e778777200951078a4b5ea162d463d761b719110 | |
2004-02-09 | 40 | 0 | Notice of Certified copy of Chapter 7 bankruptcy file by defendant. (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 41 | 0 | Notice of Certified copy of Chapter 13 bankruptcy file by defendant. (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 42 | 0 | Certificate of service of documents in support of motion for sum jgm as to defendant (vs) (Entered: 02/10/2004) | |||
2004-02-09 | 43 | 0 | Appendix by defendant to expert report of Professor David M. Herkes re: [37-1] motion for summary judgment (vols 1-5) (vs) Modified on 02/10/2004 (Entered: 02/10/2004) | |||
2004-02-09 | 44 | 0 | MOTION by plaintiff to compel responses to its request for admissions and first merits interrogatories with brief in support. (vs) (Entered: 02/10/2004) | |||
2004-02-10 | 45 | 0 | Notice of Original affidavits of Linda E McMahon and Edward L. Kaufman by defendant. (vs) (Entered: 02/11/2004) | |||
2004-02-13 | 46 | 0 | Notice of Original Affidavit of Professor David M. Yerkes by defendant World Wrestling Fed . (vs) (Entered: 02/17/2004) | |||
2004-02-18 | 47 | 0 | ORDER by Judge Clarence Cooper GRANTING [36-1] motion to file excess pages limitation (cc) (vs) (Entered: 02/23/2004) | |||
2004-02-20 | 48 | 0 | Response by defendant World Wrestling Fed in opposition to [44-1] motion to compel responses to its request for admissions and first merits interrogatories (vs) (Entered: 02/25/2004) | |||
2004-02-27 | 49 | 0 | MOTION by plaintiff to dismiss w/o prejudice with brief in support and proposed order. (to CC) (vs) (Entered: 03/01/2004) | |||
2004-03-01 | 50 | 0 | MOTION by plaintiff to file excess pages limitation with brief in support. (to CC) (vs) (Entered: 03/02/2004) | |||
2004-03-01 | 51 | 0 | Response by plaintiff in opposition to [37-1] motion for summary judgment t/w stmt of undisputed material facts. (vs) (Entered: 03/02/2004) | |||
2004-03-01 | 52 | 0 | Response by plaintiff to stmt of undisputed facts re: [37-1] motion for summary judgment (vs) (Entered: 03/02/2004) | |||
2004-03-01 | 53 | 0 | Response and memo by plaintiff in opposition to [37-1] motion for summary judgment (vs) (Entered: 03/02/2004) | |||
2004-03-01 | 54 | 0 | Certificate of service of Appendix 1 and 2 of 3 to pla's response of memo in opposition to dfts motion for sum jgm as to plaintiff (vs) (Entered: 03/02/2004) | |||
2004-03-01 | 55 | 0 | Appendix 1-3 by plaintiff of memo of law in opposition to dft's motion for sum judgment (FILED UNDER SEAL) (vs) (Entered: 03/03/2004) | |||
2004-03-01 | 56 | 0 | Certificate of service of appendix 3 as to plaintiff (vs) (Entered: 03/03/2004) | |||
2004-03-08 | 57 | 0 | ORDER by Judge Clarence Cooper GRANTING [50-1] motion to file excess pages limitation (cc) (vs) (Entered: 03/09/2004) | |||
2004-03-15 | 58 | 0 | Response by defendant in opposition to [49-1] motion to dismiss w/o prejudice (vs) (Entered: 03/19/2004) | |||
2004-03-15 | 59 | 0 | Reply brief to [37-1] motion for summary judgment by defendant. (vs) (Entered: 03/19/2004) | |||
2004-03-15 | 60 | 0 | REPLY by defendant to response to [37-1] motion for summary judgment (vs) (Entered: 03/19/2004) | |||
2004-03-15 | 61 | 0 | MOTION by defendant to exceed 15-page limitation with brief in support. (vs) (Entered: 03/19/2004) | |||
2004-03-17 | 62 | 0 | Corrected Certificate of service as to defendant World Wrestling Fed (vs) (Entered: 03/22/2004) | |||
2004-03-24 | 63 | 0 | ORDER by Judge Clarence Cooper GRANTING [61-1] motion to exceed 15-page limitation. WWE is premitted to file a 12-page reply in support of motion for sum jgm on the grounds of judical estoppel and a 16-page reply in support of moiton for sum jmg on the trademark issues. (cc) (vs) (Entered: 03/29/2004) | |||
2004-04-09 | 64 | 0 | MOTION by plaintiff to stay proceedings 30 days with brief in support. (vs) (Entered: 04/12/2004) | |||
2004-04-23 | 65 | 0 | Response by defendant World Wrestling Fed in opposition to [64-1] motion to stay proceedings 30 days (vs) (Entered: 04/23/2004) | |||
2004-05-07 | 66 | 0 | Certificate of service of notice of leave of absence as to plaintiff (vs) (Entered: 05/10/2004) | |||
2004-05-07 | 67 | 0 | REPLY by plaintiff to response to [64-1] motion to stay proceedings 30 days (vs) (Entered: 05/10/2004) | |||
2004-05-24 | 68 | 0 | Notice of Withdrawal of [64-1] motion to stay proceedings 30 days (vs) (Entered: 05/25/2004) | |||
2004-05-24 | 69 | 0 | MOTION by movant Edwin K. Palmer to substitute as pla in interest with brief in support. (vs) (Entered: 05/25/2004) | |||
2004-07-26 | 70 | 0 | ORDER denying as moot 33 Motion to Compel, denying motion for sum jgm on Trademark-related issues [37-1] granting WWE's [37-2] Motion for Summary Judgment on the basis of Judicial Estoppel, denying as moot 44 Motion to Compel, denying as moot 49 Motion to Dismiss, denying as moot 69 Motion for substitution. This action is hereby DISMISSED WITH PREJUDICE . Signed by Judge Clarence Cooper on 7/26/04. (vs) (Entered: 07/30/2004) | |||
2004-07-30 | 71 | 0 | CLERK'S JUDGMENT in favor of defendant granting motion for summary judgment against plaintiff (vs) (Entered: 07/30/2004) | |||
2004-08-26 | 72 | 0 | NOTICE OF APPEAL as to 70 Order ; 71 Clerk's Judgment by Larry Whistler. Filing fee $ 255, receipt number 526254.(TOF/Civil appeal statement provided to counsel) Transcript Order Form due on 9/10/2004 (ckd) (Entered: 08/26/2004) | |||
2004-08-25 | 73 | 0 | MOTION for Taxation of Costs by World Wrestling Federation Entertainment, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Memo in support)(vs) (Entered: 08/27/2004) | |||
2004-08-25 | 74 | 0 | BILL OF COSTS by World Wrestling Federation Entertainment, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(vs) (Entered: 08/27/2004) | |||
2004-09-01 | 75 | 0 | USCA Acknowledgment for 72 Notice of Appeal filed by Larry Whistler. Case Appealed to USCA 11th Circuit Case Number 04-14416-JJ (ckd) (Entered: 09/01/2004) | |||
2004-09-13 | 76 | 0 | RESPONSE in Opposition filed by Larry Whistler re 73 MOTION to Review Taxation of Costs. (vs) (Entered: 09/17/2004) | |||
2004-09-21 | 77 | 0 | REPLY BRIEF filed by World Wrestling Federation Entertainment, Inc. in further support of 73 MOTION to tax Costs. (vs) (Entered: 09/23/2004) | |||
2004-10-27 | 78 | 0 | Certified copy of USCA Clerk's Entry of Dismissal for failure to prosecute re: 72 Notice of Appeal filed by Larry Whistler Case Appealed to USCA 11th Circuit Case Number 04-14416-JJ. (ckd) (Entered: 10/28/2004) | |||
2005-02-07 | 79 | 0 | ORDER granting in partdft's 73 Motion for Taxation of Costs. The Clerk is directed to Tax Costs in the amount of $9,529.85 . Signed by Judge Clarence Cooper on 2/7/05. (vs) (Entered: 02/07/2005) |