Corrado Family L.P. v. McCormick
Federal Civil Lawsuit New York Northern District Court, Case No. 5:08-cv-00680-NPM-GJD
District Judge Neal P. McCurn, presiding

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No Logo Corrado Family L.P., Plaintiff
No Logo Terry McCormick, Counter-Claimant
v.
No Logo Terry McCormick, Defendant
No Logo Corrado Family L.P., Counter-Defendant
Office Syracuse
Filed 6/27/2008
Jury Demand Defendant
Demand
Nature of Suit 840 - Property Rights: Trademark
Cause Section 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jurisdiction Federal Question
Disposition Dismissed - Other
County Cayuga
Terminated 11/2/2009
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flags CLOSED,USPTO
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 34 Filed: 11/6/2009, Entered: 11/6/2009 Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO
Final Report on the Filing and Determination of a trademark Action. (cbm )
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    Legal Document 33 Filed: 11/2/2009, Entered: 11/2/2009 Judgment*
    JUDGMENT: This action is Dismissed without prejudice. {Clerk served a copy of this Judgment by regular mail upon Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166} (mae)
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      Legal Document 32 Filed: 11/2/2009, Entered: 11/2/2009 Order on Report and RecommendationsCourt Filing
      ORDER ON REPORT AND RECOMMENDATION: The # [31] Report and Recommendation of Magistrate Judge DiBianco is hereby APPROVED and ADOPTED. This case is DISMISSED WITHOUT PREJUDICE for failure of the entity-plaintiff to obtain representation. Signed by Senior Judge Neal P. McCurn on 11/2/2009. {Clerk served a copy of this Report-Recommendation by regular mail upon Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166} (mae)
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        Legal Document 31 Filed: 10/6/2009, Entered: 10/6/2009, Terminated: 11/2/2009 Report and RecommendationsCourt Filing
        REPORT-RECOMMENDATION: It is RECOMMENDED that this case be DISMISSED WITHOUT PREJUDICE for failure of the entity-plaintiff to obtain representation. Failure to object to this report by 10/21/2009 will preclude appellate review. Case Review Deadline 10/26/2009. Signed by Magistrate Judge Gustave J. DiBianco on 10/6/2009. {Clerk served a copy of this Report-Recommendation by regular mail upon Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166} (mae)
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          Legal Document 30 Filed: 8/11/2009, Entered: 8/11/2009 OrderCourt Filing
          ORDER: Denying the request by Gregory and Gerard Corrado to represent the Corrado Family Limited Partnership. Plaintiff is given one final opportunity to hire an attorney within the next 30 days. If a Notice of Appearance is not filed on behalf of the plaintiff by 9/10/2009 it will be recommended to Senior Judge McCurn that this action be dismissed. Signed by Magistrate Judge Gustave J. DiBianco on 8/11/2009. {Clerk served a copy of this Order by regular mail upon Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166} (mae)
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            Legal Document 29 Filed: 8/10/2009, Entered: 8/10/2009 ~Notice (other)Court Filing
            NOTICE by Terry McCormick Letter from James R. Muldoon to Judge DiBianco regarding Defendant's position with respect to Plaintiff's Motion (Muldoon, James)
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              Legal Document (Payment Possibly Required) 28 Filed: 8/5/2009, Entered: 8/5/2009 Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO
              Report on the Filing and Determination of a Trademark Action. (cbm )
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                Legal Document 27 Filed: 7/28/2009, Entered: 7/29/2009 Memorandum of Law
                MEMORANDUM OF LAW in support of Motion to Proceed Pro Se filed by Corrado Family L.P. (mae)
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                  Legal Document 26 Filed: 6/25/2009, Entered: 6/26/2009 Status ConferenceCourt Filing
                  Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: Status Conference held on 6/25/2009 10:06 A.M. Court in Session. In Court Status Conference: Principals of pro se plaintiff Corrado Family, LP and Defense Counsel appear before Magistrate DiBianco and report status of plaintiff Corrado Family, LP representation. Gerard Corrado, and Greg Corrado both affirmatively state on behalf of the plaintiff that they shall not obtain counsel to represent the Corrado Family, LP and that they wish to challenge the specific 2nd Cir case which prohibits pro se representation of a legal entity. Deft takes no position as to the matter of representation. Magistrate DiBianco hears argument from both parties, reviews case status and controlling circuit law and states that the Court shall issue a report and recommendation to District Judge McCurn for the dismissal this action if plaintiff Corrado Family LP is unrepresented by counsel and that upon filing of report and recommendation plaintiff may file objections. Upon further discussion with the Court, plaintiff request to brief issue of pro se representation and possible amendment of complaint. Deft/Counter Claimant McCormick states that deft shall oppose any motion to amend this matter. Magistrate DiBianco further directs that plaintiff pro se Corrado Family, LP shall have 30 days, by July 27, 2009 to submit papers in support of plaintiff's pro se representation and or to amend the complaint. Plaintiff shall have a 20 page limit as to any papers submitted. Deft shall have two weeks thereafter, until August 10, 2009 to file responsive papers. Appearances: Gerard Corrado, and Greg Corrado, Principals of pro se plaintiff Corrado Family, LP. James R. Muldoon for Deft / Counter Claimant McCormick. 10:27 A.M. Court Adjourned (Tape or CD #FTR Recording Ctrm C-215) (ptm, )
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                    Legal Document 25 Filed: 6/12/2009, Entered: 6/12/2009 OrderCourt Filing
                    ORDER: Attorney Muldoon, Rod Corrado, and Gerard Corrado are to appear for a hearing before Magistrate Judge DiBianco on 6/25/2009 at 2:30 PM in room C-215 at the U.S. Courthouse in Syracuse. Further Ordered that Rod Corrado and Gerardo Corrado notify the court and counsel for defendant IN WRITING by 6/19/2009 if a change in hearing date is to be requested. Signed by Magistrate Judge Gustave J. DiBianco on 6/12/2009. {Clerk served a copy of this Order by regular mail upon Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166} (mae)
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                      Legal Document 24 Filed: 3/12/2009, Entered: 3/12/2009 Order on Letter RequestCourt Filing
                      ORDER: Denying the # [23] Letter Request of Mr. Gerard Corrado as a limited partnership cannot be represented by an individual who is not a licensed attorney. Plaintiff is Ordered to obtain counsel within 45 days and said counsel shall file a Notice of Appearance with this court. Signed by Magistrate Judge Gustave J. DiBianco on 3/12/2009. {Clerk mailed a copy of this Order by regular mail to Gerard Corrado at 9439 Riverforest Road, Weedsport, NY 13166; Rod Corrado at 2526 Riverforest Road, Weedsport, NY 13166; and Corrado Family L.P. d/b/a Riverforest Park at 2526 Riverforest Road, Weedsport, NY 13166}(mae)
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                        Legal Document 23 Filed: 3/11/2009, Entered: 3/11/2009, Terminated: 3/12/2009 Letter Request/MotionCourt Filing
                        LETTER REQUEST: to Magistrate Judge DiBianco from Gerard Corrado, notifying the Court that the plaintiff will proceed pro se, and requesting a scheduling conference regarding discovery. (mae)
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                          Legal Document (Payment Possibly Required) 22 Filed: 2/19/2009, Entered: 2/19/2009 Order on Motion to Withdraw as AttorneyCourt Filing
                          ORDER: Granting the # [18] Motion to Withdraw as Attorney. Attorney David C. Temes terminated. Plaintiffs are directed to obtain new counsel within 30 days. Signed by Magistrate Judge Gustave J. DiBianco on 2/19/2009. (mae)
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                            Legal Document (Payment Possibly Required) 21 Filed: 1/13/2009, Entered: 1/13/2009 Certificate Of Service.
                            CERTIFICATE OF SERVICE by Terry McCormick re [20] Response in Support of Motion (Muldoon, James)
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                              Legal Document (Payment Possibly Required) 20 Filed: 1/13/2009, Entered: 1/13/2009 Response in Support of Motion
                              RESPONSE in Support re [18] MOTION to Withdraw as Attorney filed by Terry McCormick. (Muldoon, James)
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                                Blank  Docket Annotation
                                TEXT NOTICE: Motion to Withdraw [docket 18] returnable on 2/12/09 before Magistrate Judge Gustave J. DiBianco is ON SUBMIT - THERE WILL BE NO ORAL ARGUMENT. (kmg)
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                                  Legal Document (Payment Possibly Required) 19 Filed: 1/9/2009, Entered: 1/9/2009 Certificate Of Service.
                                  CERTIFICATE OF SERVICE by Corrado Family L.P. re [18] MOTION to Withdraw as Attorney (Temes, David)
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                                    Legal Document 18 Filed: 1/9/2009, Entered: 1/9/2009, Terminated: 2/19/2009 Motion to Withdraw as AttorneyCourt Filing
                                    MOTION to Withdraw as Attorney Motion Hearing set for 2/12/2009 10:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco Response to Motion due by 1/26/2009 filed by Corrado Family L.P.. (Attachments: # (1) Affirmation of David C. Temes) Motions referred to Gustave J. DiBianco. (Temes, David)
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                                    Blank  Docket Annotation
                                    Pursuant to the direction of Magistrate Judge Gustave J. DiBianco the stay of all pretrial deadlines is hereby lifted. All deadlines are extended 30 days. (kmg)
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                                      Blank  Settlement Conference
                                      Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: Settlement Conference held on 11/21/2008. APPEARANCES: David C. Temes, Esq. for Plaintiff; James R. Muldoon, Esq. for Deft. ALSO PRESENT: Gerard Corrado & Greg Corrado, Owners of Corrado Family, L.P.; Terry McCormick, Deft. The court orders a 30 day hold on any deadlines. (kmg)
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                                        Blank  Telephone Conference
                                        Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: Telephone Conference held on 11/13/2008. APPEARANCES: David C. Temes, Esq. for Plaintiff; James R. Muldoon, Esq. for Deft. RULINGS: In person settlement conference scheduled for 11/21/08 at 10:00 A.M. All deadlines on hold for 30 days. (kmg)
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                                          Legal Document (Payment Possibly Required) 17 Filed: 11/5/2008, Entered: 11/5/2008 CIVIL CASE MANAGEMENT PLAN
                                          CIVIL CASE MANAGEMENT PLAN by Corrado Family L.P.. (Temes, David)
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                                            Legal Document (Payment Possibly Required) 16 Filed: 10/22/2008, Entered: 10/22/2008 Certificate Of Service.
                                            CERTIFICATE OF SERVICE by Corrado Family L.P. re [15] Answer to Counterclaim (Temes, David)
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                                              Legal Document (Payment Possibly Required) 15 Filed: 10/22/2008, Entered: 10/22/2008 Answer to Counterclaim
                                              Plaintiff's ANSWER to [11] Answer to Complaint, Counterclaim by Corrado Family L.P..(Temes, David)
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                                                Legal Document (Payment Possibly Required) 14 Filed: 10/21/2008, Entered: 10/21/2008 Certificate Of Service.
                                                CERTIFICATE OF SERVICE by Terry McCormick re [13] Request for Entry of Default (Muldoon, James)
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                                                  Legal Document 13 Filed: 10/21/2008, Entered: 10/21/2008 Request for Entry of Default
                                                  REQUEST FOR ENTRY OF DEFAULT as to Corrado Family L.P. re [11] Answer to Complaint, Counterclaim by Terry McCormick. (Muldoon, James)
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                                                    Legal Document (Payment Possibly Required) 12 Filed: 9/19/2008, Entered: 9/19/2008 Certificate Of Service.
                                                    CERTIFICATE OF SERVICE by Terry McCormick re [11] Answer to Complaint, Counterclaim (Muldoon, James)
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                                                      Legal Document (Payment Possibly Required) 11 Filed: 9/19/2008, Entered: 9/19/2008 Answer
                                                      ANSWER to [1] Complaint with Jury Demand, COUNTERCLAIM against Corrado Family L.P. by Terry McCormick.(Muldoon, James)
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                                                        Legal Document 10 Filed: 8/21/2008, Entered: 8/21/2008 OrderCourt Filing
                                                        ORDER approving [9] Stipulation filed by Terry McCormick, Answer due date updated for Terry McCormick answer due 9/19/2008. Signed by Magistrate Judge Gustave J. DiBianco on 8/21/08. (lmp)
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                                                          Legal Document (Payment Possibly Required) 9 Filed: 8/20/2008, Entered: 8/20/2008 StipulationCourt Filing
                                                          STIPULATION to extend time to answer or otherwise move by Terry McCormick submitted to Judge Gustave J. DiBianco. (Muldoon, James)
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                                                            Legal Document (Payment Possibly Required) 8 Filed: 7/30/2008, Entered: 7/31/2008 OrderCourt Filing
                                                            ORDER approving[6] Stipulation filed by Terry McCormick, Answer due date updated for Terry McCormick answer due 8/22/2008 Signed by Magistrate Judge Gustave J. DiBianco on 7/30/08. (lmp)
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                                                              Legal Document (Payment Possibly Required) 7 Filed: 7/30/2008, Entered: 7/30/2008 Certificate Of Service.
                                                              CERTIFICATE OF SERVICE by Terry McCormick re [6] Stipulation, [5] Notice of Appearance by James R. Muldoon (Muldoon, James)
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                                                                Legal Document (Payment Possibly Required) 6 Filed: 7/30/2008, Entered: 7/30/2008 StipulationCourt Filing
                                                                STIPULATION re [1] Complaint to Extend Time to Answer by Terry McCormick submitted to Judge NPM/GJD. (Muldoon, James)
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                                                                  Legal Document (Payment Possibly Required) 5 Filed: 7/30/2008, Entered: 7/30/2008 Notice of Appearance/
                                                                  NOTICE of Appearance by James R. Muldoon on behalf of Terry McCormick (Muldoon, James)
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                                                                    Legal Document (Payment Possibly Required) 4 Filed: 7/16/2008, Entered: 7/16/2008 Affidavit of Service
                                                                    AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet and Filing Order served on Terry McCormick d/b/a T.W.S Web Service on 7/12/08, filed by Corrado Family L.P.. (Temes, David)
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                                                                      Legal Document (Payment Possibly Required) 3 Filed: 6/30/2008, Entered: 6/30/2008 G.O. 25 Filing OrderCourt Filing
                                                                      G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/13/2008 at 11:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 11/3/2008. (cbm )
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                                                                        Legal Document (Payment Possibly Required) 2 Filed: 6/30/2008, Entered: 6/30/2008 Summons Issued
                                                                        Summons Issued as to Terry McCormick. (cbm )
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                                                                          Legal Document (Payment Possibly Required) 1 Filed: 6/30/2008, Entered: 6/30/2008 Complaint
                                                                          COMPLAINT against Terry McCormick (Filing fee $350 receipt number 1048143) filed by Corrado Family L.P. (Attachments: # (1) cover sheet, # (2) Exhibit(s) A, # (3) Exhibit(s) B)(cbm )
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