Shammas v. Rea

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:12-cv-01462-TSE-TCB
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Parties
No Logo Milo Shammas, Plaintiff

Represented by Law Offices Jennison & Shultz, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Nolan Jennison +1 703 415 1640 John@JennisonLaw.com
v.
No Logo David Kappos, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bernard G. Kim +1 703 299 3911 +1 703 299 3983 bernard.kim@usdoj.gov
ATTORNEY TO BE NOTICED R. Joseph Sher +1 703 299 3700 +6164 616 616 4314 joe.sher@usdoj.gov
No Logo Margaret A. Focarino, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dennis Carl Barghaan, Jr. +1 703 299 3700 dennis.barghaan@usdoj.gov
No Logo TERESA STANEK REA, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dennis Carl Barghaan, Jr. +1 703 299 3700 dennis.barghaan@usdoj.gov
ATTORNEY TO BE NOTICED R. Joseph Sher +1 703 299 3700 +6164 616 616 4314 joe.sher@usdoj.gov
Attributes
Citation Section 15 U.S.C. § 1071
Nature of Suit 840 - Property Rights: Trademark
Timeline
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Legal Document (Payment Possibly Required) 61 Filed: 4/23/2015, Entered: None
USCA JUDGMENT as to 55 Notice of Appeal filed by Milo Shammas. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with FRAP 41. (rban, ) (Entered: 04/23/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 4/23/2015, Entered: None
PUBLISHED Opinion of USCA, decided 4/23/2015 re 55 Notice of Appeal, Affirmed. (rban, ) (Entered: 04/23/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 3/13/2014, Entered: None
NOTICE by Milo Shammas Transcript Order Form (Jennison, John) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 3/13/2014, Entered: None Court Filing
TRANSCRIPT of proceedings held on 12/13/2013, before Judge Ellis, Court Reporter/Transcriber Michael Rodriquez, Telephone number 301-213-4913. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 4/14/2014. Redacted Transcript Deadline set for 5/13/2014. Release of Transcript Restriction set for 6/11/2014.(rodriquez, michael) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 3/4/2014, Entered: None
USCA Case Number 14-1191 4th Circuit, Case Manager RJ Warren for 55 Notice of Appeal filed by Milo Shammas. (rban, ) (Entered: 03/04/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 2/28/2014, Entered: None
Transmission of Notice of Appeal to US Court of Appeals re 55 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nhall) (Entered: 02/28/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 2/27/2014, Entered: None
NOTICE OF APPEAL as to 54 Order on Motion for Miscellaneous Relief, by Milo Shammas. Filing fee $ 505, receipt number 0422-3868854. (Jennison, John) (Entered: 02/27/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 1/3/2014, Entered: None Court Filing
ORDER granting 44 Motion. Accordingly, it is ORDERED that plaintiff pay to defendant reasonable attorney's fees under Rule 37, Fed. R. Civ. P., in the amount of $2,280.00, and "expenses of the proceeding" under 15 U.S.C. §1071(b)(3) in the amount of $36,320.49. Signed by District Judge T. S. Ellis, III on 1/3/14. (gwalk, ) (Entered: 01/03/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 12/13/2013, Entered: None Court Filing
ORDER, for the reasons stated from the Bench, and for good cause, ORDERED: that 44 Motion for Fees and Expenses is TAKEN UNDER ADVISEMENT. Signed by District Judge T. S. Ellis, III on 12/13/2013. (rmas) . Modified on 12/13/2013 to correct typo (rmas). (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 12/13/2013, Entered: None Court Filing
Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 12/13/2013 re: 44 MOTION for Fees and Expenses filed by Teresa Stanek Rea. Appearances of counsel for the plaintiff and the defendant. Motion heard, findings stated, and taken under advisement. (Court Reporter M. Rodriquez)(rmas) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 12/2/2013, Entered: None
REPLY to Response to Motion re 44 MOTION for Fees and Expenses filed by Teresa Stanek Rea. (Barghaan, Dennis) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 12/2/2013, Entered: None
NOTICE by Teresa Stanek Rea of Substitution (Barghaan, Dennis) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 11/26/2013, Entered: None
Memorandum in Opposition re 44 MOTION for Fees and Expenses filed by Milo Shammas. (Attachments: # 1 Certificate of Service)(Jennison, John) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 11/25/2013, Entered: None
Memorandum in Opposition re 44 MOTION for Fees and Expenses filed by Milo Shammas. (Attachments: # 1 Appendix 1-4, Unreported Authorities, # 2 Appendix 5, Unreported Authorites)(Jennison, John) (Entered: 11/25/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 11/13/2013, Entered: None
Notice of Hearing Date set for 12/13/13 re 44 MOTION for Fees and Expenses (Barghaan, Dennis) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 11/13/2013, Entered: None
Memorandum in Support re 44 MOTION for Fees and Expenses filed by Teresa Stanek Rea. (Attachments: # 1 Exhibits A-C)(Barghaan, Dennis) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 11/13/2013, Entered: None
MOTION for Fees and Expenses by Teresa Stanek Rea. (Barghaan, Dennis) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 11/12/2013, Entered: None Court Filing
ORDER granting 42 Motion for Extension of Time to File. (See Order For Details). Signed by District Judge T. S. Ellis, III on 11/12/13. (nhall) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 11/6/2013, Entered: None
Consent MOTION for Extension of Time Within Which to File a Motion for an Order Requiring the Plaintiff to Pay the Expenses of this Action by Teresa Stanek Rea. (Attachments: # 1 Proposed Order)(Sher, R.) (Entered: 11/06/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 10/29/2013, Entered: None Court Filing
ORDER, it is hereby ORDERED that the Consent Motion is GRANTED. (See Order For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 10/29/13. (nhall) (Entered: 10/29/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 10/29/2013, Entered: None
Consent MOTION for Extension of Time to Move for an Order Requiring Plaintiff to Pay the Expenses of this Proceeding by Teresa Stanek Rea. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 10/29/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 10/15/2013, Entered: None Court Filing
ORDER. Accordingly, for the reasons stated above, and for good cause. It is hereby ORDERED that defendant's motion to strike undisclosed materials offered in support of plaintiff's August 9, 2013 reply is GRANTED. (See Order For Details). Signed by District Judge T. S. Ellis, III on 10/15/13. (nhall) (Entered: 10/17/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 10/15/2013, Entered: None Court Filing
ORDER. For the reasons stated in the Memorandum Opinion of even date, and for good cause, It is hereby ORDERED that defendant's motion for summary judgment is GRANTED because the Trademark Trial and Appeals Board's decision on genericness was support by substantial evidence in the administrative record, and because the record as a whole shows that the term is generic. It is further ORDERED that plaintiff's motion for summary judgment is DENIED. Accordingly, this case is dismissed in its entirety with prejudice. (See Order For Details). Signed by District Judge T. S. Ellis, III on 10/15/13. (nhall) (Entered: 10/17/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 10/15/2013, Entered: None Court Filing
MEMORANDUM OPINION re: 13 First MOTION for Summary Judgment by Milo Shammas, 24 Cross MOTION for Summary Judgment by David Kappos. (See Memorandum Opinion For Details). Signed by District Judge T. S. Ellis, III on 10/15/13. (nhall) (Main Document 37 replaced on 10/17/2013) (nhall) (Entered: 10/17/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 9/6/2013, Entered: None Court Filing
Minute Entry for proceedings held before District Judge T. S. Ellis, III:Motion Hearing held on 9/6/2013 re 24 Cross MOTION for Summary Judgment filed by David Kappos, 13 First MOTION for Summary Judgment filed by Milo Shammas, 28 MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply filed by David Kappos. Matter heard and taken under advisement. Appearances: J. Jennison, W. Steffin for pltf; D. Moskowitz, E. Mendel, C. Hieber for deft. (Court Reporter M. Rodriquez)(nmcc ) (Entered: 09/09/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 9/3/2013, Entered: None
REPLY to Response to Motion re 28 MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply filed by David Kappos. (Sher, R.) (Entered: 09/03/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 8/28/2013, Entered: None
RESPONSE in Opposition re 28 MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply RESPONSE AND MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE filed by Milo Shammas. (Jennison, John) (Entered: 08/28/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 8/23/2013, Entered: None
REPLY to Response to Motion re 24 Cross MOTION for Summary Judgment , 13 First MOTION for Summary Judgment and Opposition to Plaintiff's First Motion for Summary Judgment filed by David Kappos. (Sher, R.) (Entered: 08/23/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 8/21/2013, Entered: None Court Filing
So Ordered except that no internet access is permitted. re 31 MOTION Plaintiff's Motion For Permission To Use Laptop Computer In Court During Hearing Scheduled For September 6, 2013 filed by Milo Shammas. (See Order For Details). Signed by District Judge T. S. Ellis, III on 8/21/13. (nhall) (Entered: 08/22/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 8/21/2013, Entered: None
MOTION Plaintiff's Motion For Permission To Use Laptop Computer In Court During Hearing Scheduled For September 6, 2013 by Milo Shammas. (Jennison, John) (Entered: 08/21/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 8/19/2013, Entered: None
Notice of Hearing Date re 28 MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply (Sher, R.) (Entered: 08/19/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 8/19/2013, Entered: None
Memorandum in Support re 28 MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply filed by David Kappos. (Sher, R.) (Entered: 08/19/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 8/19/2013, Entered: None
MOTION to Strike Undisclosed Materials Offered in Support of the Plaintiff's August 9, 2013 Reply by David Kappos. (Sher, R.) (Entered: 08/19/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 8/9/2013, Entered: None
Memorandum in Opposition re 24 Cross MOTION for Summary Judgment and In Further Support of Plaintiff's Motion for Summary Judgment filed by Milo Shammas. (Jennison, John) (Entered: 08/09/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 7/26/2013, Entered: None
Memorandum in Opposition re 13 First MOTION for Summary Judgment filed by David Kappos. (Sher, R.) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 7/26/2013, Entered: None
Memorandum in Support re 24 Cross MOTION for Summary Judgment filed by David Kappos. (Sher, R.) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 7/26/2013, Entered: None
Cross MOTION for Summary Judgment by David Kappos. (Attachments: # 1 Affidavit Declaration of Susannah Kolstad, # 2 Exhibit Kolstad Declaration Exhibit 1, # 3 Exhibit Kolstad Declaration Exhibit 2, # 4 Exhibit Kolstad Declaration Exhibit 3, # 5 Exhibit Kolstad Declaration Exhibit 4 Part 1, # 6 Exhibit Kolstad Declaration Exhibit 4 Part 2, # 7 Exhibit Kolstad Declaration Exhibit 5 Part 1, # 8 Exhibit Kolstad Declaration Exhibit 5 Part 2, # 9 Exhibit Kolstad Declaration Exhibit 6, # 10 Exhibit Kolstad Declaration Exhibit 6 Part 2, # 11 Exhibit Kolstad Declaration Exhibit 6 Part 3, # 12 Exhibit Kolstad Declaration Exhibit 6 Part 4, # 13 Exhibit Kolstad Declaration Exhibit 7)(Sher, R.) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 7/17/2013, Entered: None
NOTICE of Appearance by R. Joseph Sher on behalf of David Kappos (Sher, R.) (Entered: 07/17/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 6/21/2013, Entered: None
Notice of Hearing Date for September 6, 2013 pursuit to Stipulated Briefing Schedule and Discovery Order dated March 5, 2013 re 13 First MOTION for Summary Judgment (Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibits 24 part 3 - 24 part 4 (Attachments: # 1 Exhibit Exhibit 24 part 3 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 24 part 4 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibit 21-24 part 2 (Attachments: # 1 Exhibit Exhibit 21-23 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 24 part 1 In Support of Declaration of Milad Shammas, # 3 Exhibit Exhibit 24 part 2 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibits 16 - 20 (Attachments: # 1 Exhibit Exhibit 16 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 17 - 20 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibits 13 - 14 (Attachments: # 1 Exhibit Exhibit 13 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 14 In Support of Declaration of Milad Shammas, # 3 Exhibit Exhibit 15 part 1 In Support of Declaration of Milad Shammas, # 4 Exhibit Exhibit 15 part 2 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibits 6-12 (Attachments: # 1 Exhibit Exhibit 6-11 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 12 part 1 In Support of Declaration of Milad Shammas, # 3 Exhibit Exhibit 12 part 2 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Exhibits 5 part to 5 part 3 (Attachments: # 1 Exhibit Exhibit 5 part 1 In Support of Declaration of Milad Shammas, # 2 Exhibit Exhibit 5 part 2 In Support of Declaration of Milad Shammas, # 3 Exhibit Exhibit 5 part 3 In Support of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 6/21/2013, Entered: None
NOTICE by Milo Shammas re 14 Memorandum in Support, Appendix Plaintiff's Response Re Stipulated Briefing Schedule And Discovery Order Paragraph 3C - Exhibits 1-4 (Attachments: # 1 Appendix Plaintiff's Response Re Stipulated Briefing Schedule And Discovery Order Paragraph 3C, # 2 Affidavit Declaration of Wade Long, # 3 Affidavit Declaration of Thomas Medhurst, # 4 Affidavit Declaration of Rob Williams, # 5 Affidavit Declaration of Milad (aka Milo) Shammas, # 6 Exhibit Exhibits 1-4 In Support Of Declaration of Milad Shammas)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 6/21/2013, Entered: None
Memorandum in Support re 13 First MOTION for Summary Judgment filed by Milo Shammas. (Attachments: # 1 Appendix Plaintiff's Responses and Objections to Defendant's First Set of Interrogatories and Requests For Production of Documents, # 2 Exhibit Sales Figures, # 3 Exhibit Tax Returns, # 4 Exhibit DR. EARTH packaging)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 6/21/2013, Entered: None
First MOTION for Summary Judgment by Milo Shammas. (Attachments: # 1 Proposed Order Proposed Order Re Plaintiff's Motion For Summary Judgment)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 6/21/2013, Entered: None
Response and Objections to Defendant's First Set of Interrogatories And Requests For Production Of Documents filed by David Kappos. (Attachments: # 1 Exhibit Sales figures, # 2 Exhibit Tax Returns, # 3 Exhibit DR. EARTH packaging)(Jennison, John) (Entered: 06/21/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 3/5/2013, Entered: None Court Filing
STIPULATED BRIEFING SCHEDULE AND DISCOVERY ORDER. The parties have conferred and agreed to the following discovery plan and scheduling order. (See Order For Details). Signed by District Judge T. S. Ellis, III on 3/5/13. (nhall) (Entered: 03/05/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 3/1/2013, Entered: None
ANSWER to 1 Complaint by David Kappos.(Kim, Bernard) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 3/1/2013, Entered: None
NOTICE by David Kappos OF FILING OF ADMINISTRATIVE RECORD (Attachments: # 1 Exhibit Record Pt 4, # 2 Exhibit Record Pt 5, # 3 Exhibit Record Pt 6)(Kim, Bernard) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 3/1/2013, Entered: None
NOTICE by David Kappos OF FILING OF ADMINISTRATIVE RECORD (Attachments: # 1 Exhibit Certification, # 2 Exhibit Record Pt 1, # 3 Exhibit Record Pt 2, # 4 Exhibit Record Pt 3)(Kim, Bernard) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 2/11/2013, Entered: None Court Filing
ORDER granting 6 Motion for Extension of Time to Answer David Kappos answer due 3/1/2013. (See Order For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 2/11/13. (nhall) (Entered: 02/13/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 2/12/2013, Entered: None
Consent MOTION for Extension of Time to File Answer by David Kappos. (Attachments: # 1 Proposed Order)(Kim, Bernard) (Entered: 02/12/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 1/9/2013, Entered: None
NOTICE of Appearance by Bernard G. Kim on behalf of David Kappos (Kim, Bernard) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 12/31/2012, Entered: None Court Filing
ORDER granting 3 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 12/31/2012. (rban, ) (Entered: 12/31/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 12/27/2012, Entered: None
Motion to appear Pro Hac Vice by William Carl Steffin and Certification of Local Counsel John N. Jennison Filing fee $ 75, receipt number 0422-3337498. by Milo Shammas. (Jennison, John) (Entered: 12/27/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 12/19/2012, Entered: None
Summons Issued as to David Kappos, U.S. Attorney and U.S. Attorney General. For service by process server. (rban, ) (Entered: 12/27/2012)
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Blank 1 Filed: 12/19/2012, Entered: None
COMPLAINT against David Kappos ( Filing fee $ 350, receipt number 14683032908.), filed by Milo Shammas. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(rban, ) (Entered: 12/27/2012)
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Blank 53 Filed: 1/3/2014, Entered: None Court Filing
MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 1/3/14. (gwalk, )
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