UPS v. Huminski, et al

Federal Civil Lawsuit Vermont District Court, Case No. 1:98-cv-00158-jgm
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Parties
No Logo United Parcel Service Of America, Inc., Plaintiff
Officer/Director, United Parcel Service, Inc.

▼ Represented by Unknown Firm

Name Phone Fax E-Mail
Space Sharon R. Burger +1 617 439 2000

▼ Represented by Downs Rachlin Martin, PLLC

Name Phone Fax E-Mail
Space Peter B. Robb +1 802 258 3070 +1 802 258 2286

▼ Represented by McDermott, Will & Emery, LLP

Name Phone Fax E-Mail
Space Thomas O. Bean +1 617 439 2000 +1 617 535 3800 tbean@mwe.com
v.
No Logo Bennington Mail Shoppe, Defendant
No Logo Scott Huminski, Defendant
Attributes
Office Brattleboro
Filed 5/14/1998
Jury Demand Defendant
Demand $0
Nature of Suit 840 - Property Rights: Trademark
Cause Section 15 U.S.C. § 1051 Trademark Infringement
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County XX US, Outside State
Terminated 10/28/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case {}
Def Custody Status
Flags CLOSED, ENE4
Timeline
  Entries (64) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 10/29/1998, Entered: 10/29/1998 File Transferred
File sent to Burlington (pls)
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Blank 45 Filed: 10/28/1998, Entered: 10/28/1998 Judgment*Court Filing
FINAL JUDGMENT - This Court, having granted pltf's motion for entry of final judgment as to Cts I and II of pltf's complaint, and having granted pltf's motion to dismiss the remaining counts of the Complaint Judgment is entered for UPS against Scott Huminski, Bennington Mail Shop (Chief Judge J. G. Murtha) Cy to parties with Notice to Litigants. Appeal time expires 11/27/98. (cab) Modified on 10/29/1998
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Blank -- Filed: 10/28/1998, Entered: 10/29/1998 ENE Terminated
(law)
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Blank -- Filed: 10/28/1998, Entered: 10/28/1998 Order
ENDORSED ORDER: granting absent objection [44-1] motion for entry of final judgment. The motion to dismiss the remaining counts of the Complaint is granted absent objection pursuant to Fed. R. Civ. P. 41(a)(2). case closed ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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Blank 44 Filed: 10/1/1998, Entered: 10/2/1998 Motion for Judgment
MOTION with memorandum in support by plaintiff UPS for entry of final judgment (cab)
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Blank -- Filed: 9/1/1998, Entered: 9/2/1998 Order
ENDORSED ORDER: granting absent objection [36-1] motion for Summary Judgment on Counts I and II, denying motion for award of Attorney Fees [36-2] ( Chief Judge J. G. Murtha ) Cy to parties (pls)
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Blank -- Filed: 8/19/1998, Entered: 8/20/1998 Order
ENDORSED ORDER: denying motion to Stay discovery pending disposition of [36-1] Motion for Summary Judgment [38-1] ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Blank -- Filed: 8/19/1998, Entered: 8/20/1998 Order
ENDORSED ORDER: denying motion to allow limited Discovery re: plaintiff's Motion for Summary Judgment [40-1]. Denied for failure to demonstrate, inter alia, the need for discovery which is relevant to issues in the pending motion for summary judgment. ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Blank 43 Filed: 8/18/1998, Entered: 8/18/1998 Memorandum in Opposition
MEMORANDUM by plaintiff UPS in opposition to [40-1] motion to allow limited Discovery re: plaintiff's Motion for Summary Judgment (pls)
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Blank 42 Filed: 8/10/1998, Entered: 9/1/1998 Response
OPPOSITION by defendant Scott Huminski to [38-1] motion to Stay discovery pending disposition of [36-1] Motion for Summary Judgment (law)
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Blank 41 Filed: 8/6/1998, Entered: 8/6/1998 Affidavit
AFFIDAVIT of Scott Huminski by defendant Scott Huminski, defendant Bennington Mail Shop re: [40-1] motion to allow limited Discovery, [36-1] motion for Summary Judgment on Counts I and II (pls)
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Blank 40 Filed: 8/6/1998, Entered: 8/6/1998, Terminated: 8/19/1998 Motion for Discovery
MOTION by defendant Scott Huminski, defendant Bennington Mail Shop to allow limited Discovery re: plaintiff's Motion for Summary Judgment (pls)
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Blank 39 Filed: 7/23/1998, Entered: 7/24/1998 Memorandum in Support
MEMORANDUM by plaintiff UPS in support of [36-1] motion for Summary Judgment on Counts I and II, [36-2] motion for award of Attorney Fees (pls)
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Blank 38 Filed: 7/23/1998, Entered: 7/24/1998 Motion to Stay
MOTION by plaintiff UPS to Stay discovery pending disposition of [36-1] Motion for Summary Judgment (pls)
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Blank 37 Filed: 7/23/1998, Entered: 7/24/1998 Statement of Undisputed Facts
STATEMENT OF UNDISPUTED FACTS re: [36-1] motion for Summary Judgment on Counts I and II, [36-2] motion for award of Attorney Fees plaintiff UPS (pls)
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Blank 36 Filed: 7/23/1998, Entered: 7/24/1998 Motion for Summary Judgment
MOTION by plaintiff UPS for Summary Judgment on Counts I and II and for award of Attorney Fees (pls)
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Blank 35 Filed: 6/26/1998, Entered: 6/26/1998, Terminated: 10/28/1998 Answer
ANSWER to [1-1] complaint by defendant Scott Huminski (Attorney ); jury demand; stipulated discovery schedule due 7/26/98 (cab)
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Blank 34 Filed: 6/24/1998, Entered: 6/24/1998 ENE Evaluator Assigned
ENE LETTER sent re: ENE Evaluator Stephanie Mapes assigned (law)
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Blank -- Filed: 6/24/1998, Entered: 6/24/1998 Order
ENDORSED ORDER: denying motion to reconsider Motion for Civil Contempt [33-1]. the Court reviewed deft's opposition prior to issuing its Order dated 6/15/98. ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Blank 33 Filed: 6/19/1998, Entered: 6/19/1998, Terminated: 6/24/1998 Motion for Reconsideration
MOTION by defendant Scott Huminski to reconsider Motion for Civil Contempt (cab)
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Blank 32 Filed: 6/19/1998, Entered: 6/19/1998 Certificate
CERTIFICATE of Compliance with Preliminary Injunction by defendant Scott Huminski (part of Paper #32 - demand for jury trial). (cab)
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Blank 32 Filed: 6/19/1998, Entered: 6/19/1998 Jury Demand
DEMAND for jury trial by defendant Scott Huminski (cab)
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Blank -- Filed: 6/19/1998, Entered: 6/19/1998, Terminated: 6/19/1998 Motion for Miscellaneous Relief
MOTION by defendant Scott Huminski for Reconsideration of [30-1] order brief deadline set for 6/17/98 (cab) Modified on 06/19/1998
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Blank -- Filed: 6/18/1998, Entered: 6/18/1998 Remark
RETURN RECEIPTS of Certified Mail addressed to Scott Huminski re: P#24 and P#30. (wjf)
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Blank 31 Filed: 6/16/1998, Entered: 6/16/1998 Summons (re: complaint) Returned Executed
RETURN OF SERVICE executed as to defendant Scott Huminski on 6/11/98 re: notice of hearing. (cab)
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Blank -- Filed: 6/16/1998, Entered: 6/16/1998 Order
ENDORSED ORDER: denying motion to Dismiss for Lack of Jurisdiction [10-1]. Jurisdiction and venue are proper in this Court' pltf's claims are not preempted; and pltf has not failed to join an indispensable party. ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Blank -- Filed: 6/16/1998, Entered: 6/16/1998 Remark
Exhibits returned to counsel. (cab)
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Blank 30 Filed: 6/15/1998, Entered: 6/15/1998 OrderCourt Filing
ORDER granting [18-1] motion for order holding defts in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98, granting [18-2] motion requesting clarification of preliminary injunction. The Court finds defts S. Huminski and the Bennington Mail Shoppe in contempt of the preliminary injuction entered by this Court on 5/27/98. To purge this contempt defendants shall 1. comply with the preliminary injunction in its entirety and 2. with this Court no later than 5:00 p.m. on 6/17/98 a certification stating that the preliminary injunction has been complied with in its entirety. Beginning June 18, 1998, defts shall be fined $100. per day for each day that the terms of this order are not satisfied. brief deadline set for 6/17/98 ( Chief Judge J. G. Murtha ) Cy to parties (amn) Modified on 06/17/1998
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Blank 29 Filed: 6/15/1998, Entered: 6/15/1998 Memorandum in Opposition
MEMORANDUM by defendant Scott Huminski in opposition to [18-1] motion for order holding deft's in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98 (wjf)
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Blank 28 Filed: 6/15/1998, Entered: 6/15/1998 Affidavit
AFFIDAVIT of Scott Huminski by defendant Scott Huminski re: Knowledge of Ownership of the Bennington Mail Shoppe (wjf)
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Blank 27 Filed: 6/15/1998, Entered: 6/15/1998 Memorandum in Support
SUPPLEMENTAL MEMORANDUM by defendant Scott Huminski re: [10-1] motion to Dismiss for Lack of Jurisdiction (wjf)
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Blank -- Filed: 6/15/1998, Entered: 6/15/1998 Order
ENDORSED ORDER: denying motion to Stay preliminary injunction [15-1], denying motion requesting clarification of preliminary injunction [15-2] ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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Blank -- Filed: 6/15/1998, Entered: 6/15/1998 Order
ENDORSED ORDER: granting [16-1] motion for Reconsideration of [13-1] order for preliminary injunction. After reconsideration, the Court Affirms its prior ruling. ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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Blank -- Filed: 6/15/1998, Entered: 6/15/1998 Order
ENDORSED ORDER: denying motion for additional bond of $1,000,000. [25-1] ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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Blank -- Filed: 6/15/1998, Entered: 6/15/1998 Minutes-Miscellaneous
MINUTE ENTRY: by Chief Judge J. G. Murtha (Ct Rptr: W. Currie) D. Gartenstein, Esq. and T. Bean, Esq. for Pltf. S. Huminski, Pro Se. Statements by Mr. Huminski and Mr. Bean ORDERED: granting [18-1] motion for order holding deft's in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98, granting [18-2] motion requesting clarification of preliminary injunction, denying motion for Reconsideration of [13-1] order for preliminary injunction [16-1], denying motion to Stay preliminary injunction [15-1], denying motion requesting clarification of preliminary injunction [15-2] Deft to remove signage by 5:00 pm on 6/17/98, certification of compliance to be filed with Court. Fine of $100.00 a day if not in compliance with all terms of the preliminary injunction order of this Court. (wjf)
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Blank 26 Filed: 6/12/1998, Entered: 6/12/1998 Memorandum in Opposition
MEMORANDUM by plaintiff UPS in opposition to [16-1] motion for Reconsideration of [13-1] order for preliminary injunction (pls)
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Blank 25 Filed: 6/11/1998, Entered: 6/11/1998, Terminated: 6/15/1998 Motion for Miscellaneous Relief
MOTION with memorandum in support by defendant Scott Huminski for additional bond of $1,000,000. (cab)
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Blank 24 Filed: 6/10/1998, Entered: 6/10/1998 Notice of Hearing.
NOTICE OF HEARING: setting hearing on [18-1] motion for order holding deft's in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98 by UPS for 10:00 6/15/98, setting hearing on [18-2] motion requesting clarification of preliminary injunction by UPS for 10:00 6/15/98, setting hearing on [16-1] motion for Reconsideration of [13-1] order for preliminary injunction by Bennington Mail Shop, Scott Huminski for 10:00 6/15/98, setting hearing on [15-1] motion to Stay preliminary injunction by Bennington Mail Shop, Scott Huminski for 10:00 6/15/98, setting hearing on [15-2] motion requesting clarification of preliminary injunction by Bennington Mail Shop, Scott Huminski for 10:00 6/15/98 in Rutland. Cy to parties. Sent certified mail to Scott Huminski, Rcpt.# P 508 875 772. (wjf) Modified on 06/10/1998
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Blank 23 Filed: 6/10/1998, Entered: 6/10/1998 ENE Evaluator Assigned
ENE LETTER sent re: ENE Evaluator Robert P. Gerety, Jr. assigned (law)
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Blank 22 Filed: 6/9/1998, Entered: 6/10/1998 Non-Summons Returned Executed
RETURN OF SERVICE re: Proof of Bond and Ruling on Motion for Preliminary Injunction on Scott Huminski (pls)
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Blank 21 Filed: 6/9/1998, Entered: 6/10/1998 Non-Summons Returned Executed
RETURN OF SERVICE re: Proof of Bond and Ruling on Motion for Preliminary Injunction upon Dana Huminski (pls)
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Blank 20 Filed: 6/9/1998, Entered: 6/10/1998 Memorandum in Opposition
MEMORANDUM by plaintiff UPS in opposition to [10-1] motion to Dismiss for Lack of Jurisdiction (pls)
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Blank 19 Filed: 6/9/1998, Entered: 6/10/1998 Memorandum in Support
MEMORANDUM by plaintiff UPS in support of [18-1] motion for order holding deft's in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98, [18-2] motion requesting clarification of preliminary injunction (pls)
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Blank 18 Filed: 6/9/1998, Entered: 6/10/1998, Terminated: 6/15/1998 Motion for Miscellaneous Relief
MOTION by plaintiff UPS for order holding deft's in contempt of the Court's ruling on Motion for Preliminary Injunction dated 5/27/98 , requesting clarification of preliminary injunction (pls)
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Blank 17 Filed: 6/4/1998, Entered: 6/4/1998 Affidavit
AFFIDAVIT of Dana Huminski by defendant Scott Huminski, defendant Bennington Mail Shop re: [16-1] motion for Reconsideration of [13-1] order for preliminary injunction (pls) Modified on 06/05/1998
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Blank 16 Filed: 6/4/1998, Entered: 6/4/1998, Terminated: 6/15/1998 Motion for Reconsideration
MOTION by defendant Scott Huminski, defendant Bennington Mail Shop for Reconsideration of [13-1] order for preliminary injunction (pls) Modified on 06/05/1998
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Blank 16 Filed: 5/29/1998, Entered: 5/29/1998 Bond
BOND $50,000.00 entered by plaintiff UPS re: [13-1] Court's Ruling on Motion for Preliminary Injunction dated 5/27/98 (pls) Modified on 05/29/1998
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Blank 15 Filed: 5/29/1998, Entered: 6/1/1998 Motion to Stay
MOTION by defendant Scott Huminski, defendant Bennington Mail Shop to Stay preliminary injunction and/or requesting clarification of preliminary injunction (pls) Modified on 06/03/1998
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Blank 14 Filed: 5/28/1998, Entered: 5/28/1998 ENE Potential Evaluators Letter Sent
ENE LETTER re: potential evaluators sent; resp to ENE ltr due 6/16/98 (law)
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Blank 13 Filed: 5/27/1998, Entered: 5/27/1998 OrderCourt Filing
RULING ON MOTION FOR PRELIMINARY INJUNCTION ( Chief Judge Murtha) - Pltf's request for preliminary injunction is GRANTED. Pltf shall give security in the sum of $50,000. Defendants are enjoined (1.) from using,offering, furnishing, advertising of any services, of the Registered Service Marks of UPS; (2.) from representing that their business is associated with UPS and (3.) from otherwise infringing UPS's trade name, service marks, trademarks or trade dress. Cy to parties. (wjf)
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Blank 12 Filed: 5/26/1998, Entered: 5/26/1998, Terminated: 10/28/1998 Answer
OPPOSITION to [1-1] complaint by defendant Scott Huminski, defendant Bennington Mail Shoppe; jury demand; stipulated discovery schedule due 6/25/98 (pls) Modified on 05/27/1998
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Blank 11 Filed: 5/26/1998, Entered: 5/26/1998 Affidavit
AFFIDAVIT of Scott Huminski by defendant Scott Huminski, defendant Bennington Mail Shop re: [10-1] motion to Dismiss for Lack of Jurisdiction (pls)
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Blank -- Filed: 5/26/1998, Entered: 5/26/1998 Minutes-Miscellaneous
MINUTE ENTRY: In Court in Brattleboro by Chief Judge J. G. Murtha (Ct Rptr: Wm. Currie, III). T. Bean, S. Burger and P. Robb, Esqs., for Pltf. S. Huminski, pro se. HEARING ON REQUEST FOR PRELIMINARY INJUNCTION. Statements made by Mr. Bean. The following witnesses, sworn by the Clerk, were examined for the Pltf: Asa William Baptie and Jose Perrault. Pltf rests. Scott Huminski, sworn by the Clerk, made statements to the Court. Deft rests. Statements made by Mr. Bean and Mr. Huminski. taking under advisement on request for preliminary injunction. (cab)
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Blank 10 Filed: 5/22/1998, Entered: 5/26/1998 Motion to Dismiss Case for Lack of Jurisdiction
MOTION by defendant Scott Huminski, defendant Bennington Mail Shop to Dismiss for Lack of Jurisdiction (pls)
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Blank 9 Filed: 5/20/1998, Entered: 5/20/1998 Summons (re: complaint) Returned Executed
RETURN OF SERVICE executed as to defendant Bennington Mail Shop on 5/15/98 (cab)
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Blank 8 Filed: 5/20/1998, Entered: 5/20/1998 Summons (re: complaint) Returned Executed
RETURN OF SERVICE executed as to defendant Scott Huminski on 5/15/98 (cab)
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Blank 7 Filed: 5/20/1998, Entered: 5/20/1998 OrderCourt Filing
ORDER granting [4-1] motion for Thomas O. Bean, Sharon R. Burger to Appear Pro Hac Vice, Added for plaintiff UPS attorney Thomas Bean and Sharon Burger ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Blank 6 Filed: 5/18/1998, Entered: 5/19/1998 Affidavit
AFFIDAVIT of Thomas O. Bean by plaintiff UPS re: [4-1] motion for Thomas O. Bean, Sharon R. Burger to Appear Pro Hac Vice (pls)
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Blank 5 Filed: 5/18/1998, Entered: 5/19/1998 Affidavit
AFFIDAVIT of Sharon R. Burger by plaintiff UPS re: [4-1] motion for Thomas O. Bean, Sharon R. Burger to Appear Pro Hac Vice (pls)
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Blank 4 Filed: 5/18/1998, Entered: 5/19/1998, Terminated: 5/20/1998 Motion for Leave to Appear
MOTION by plaintiff UPS for Thomas O. Bean, Sharon R. Burger to Appear Pro Hac Vice (pls)
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Blank 3 Filed: 5/18/1998, Entered: 5/18/1998 Notice of Hearing.
NOTICE OF HEARING: setting hearing for Request for Preliminary Injunction for 1:30 5/26/98 in Brattleboro re: [2-1] support memorandum by UPS and [1-1] complaint Cy to parties (pls) Modified on 05/18/1998
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Blank -- Filed: 5/15/1998, Entered: 5/15/1998 File Transferred
File sent to Brattleboro (pls)
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Blank 2 Filed: 5/14/1998, Entered: 5/15/1998 Memorandum in Support
MEMORANDUM IN SUPPORT OF ITS REQUEST FOR PRELIMINARY INJUNCTION (PRAYER 1 OF COMPLAINT) by plaintiff UPS in support of [1-1] complaint (pls)
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Blank 1 Filed: 5/14/1998, Entered: 5/15/1998 Complaint
COMPLAINT; filing fee $150.00, receipt #41 (Summones/waivers Issued) (pls)
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