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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:11-cv-06277-NGG-JO

Skee Ball, Inc. v. Full Circle United, LLC Assigned to: Judge Nicholas G. Garaufis Referred to: Magistrate Judge James Orenstein Demand: $1,000,000 Case in other court: California Northern, 3:11-cv-04930 Cause: 15:1114 Trademark Infringement Plaintiff Skee Ball, Inc. a Pennsylvania corporation

Date Filed: 12/23/2011 Jury Demand: Plaintiff Nature of Suit: 840 Trademark Jurisdiction: Federal Question

represented by Geri S Krauss Kraus PLLC 81 Main Street White Plains, NY 10601 914-949-9100 Fax: 914-949-9109 Email: gsk@kraussny.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard J. Idell Idell & Seitel LLP Merchants Exchange Building 465 California Street, Suite 300 San Francisco, CA 94104 (415) 986-2400 Fax: (415) 392-9259 Email: richard.idell@idellseitel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Juliana Rest Idell & Seitel LLP Merchants Exchange Building 465 California Street, Suite 300 San Francisco, CA 94104 (415) 986-2400 Fax: (415) 392-9259 Email: elizabeth.rest@idellseitel.com ATTORNEY TO BE NOTICED Jann Stanley Moorhead

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Law Offices of Jann Moorhead 43 La Crescenta Way San Rafael, CA 94901 (415) 785-7200 Fax: (415) 785-7220 ATTORNEY TO BE NOTICED Owen Seitel Idell & Seitel LLP 465 California Street Suite 300 San Francisco, CA 94104 415-986-2400 Fax: 415-392-9259 Email: oseitel@idellseitel.com ATTORNEY TO BE NOTICED V. Defendant Full Circle United, LLC a New York limited liability company represented by Robert Michael Harkins , Jr Sedgwick LLP 333 Bush Street, 30th Floor San Francisco, CA 94104-2834 415-781-7900 Fax: 415-781-2635 Email: robert.harkins@sedgwicklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Ming Sedgwick LLP 333 Bush Street, 30th Floor San Francisco, CA 94104-2834 415-781-7900 Fax: 415-781-2635 ATTORNEY TO BE NOTICED

Date Filed 10/05/2011

Docket Text

1 COMPLAINT for Injunctive Relief & Damages: (1) Cancellation of Trademark; (2) Trademark Infringement; (3) Trademark Dilution & Tarnishment; (4) False Designation of Origin & (5) Unfair Competition & Demand for Jury Trial - [Summons Issued] against Full Circle United, LLC, [Filing Fee: $350.00, Receipt Number 34611065420] Filed by Plaintiff Skee Ball, Inc.. (tn, COURT STAFF) (Filed on 10/5/2011) (tn, COURT STAFF). (Additional attachment(s) added on 10/6/2011: # 1 Exhibits A - D)

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(tn, COURT STAFF). (Additional attachment(s) added on 10/6/2011: # 2 Exhibits E H) (tn, COURT STAFF). (Additional attachment(s) added on 10/6/2011: # 3 Civil Cover Sheet) (tn, COURT STAFF). [Transferred from California Northern on 12/23/2011.] (Entered: 10/06/2011) 10/05/2011 2 SUMMONS Issued as to Defendant Full Circle United, LLC.. (tn, COURT STAFF) (Filed on 10/5/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 10/06/2011) 3 ADR SCHEDULING ORDER: Joint Case Management Statement due 1/10/2012 & InitialCase Management Conference set for 1/17/2012 at 10:00 AM.. (tn, COURT STAFF) (Filed on 10/5/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 10/06/2011) 4 REPORT on the Filing or Determination of an Action Regarding Trademark Infringement. (cc: form mailed to register). (tn, COURT STAFF) (Filed on 10/5/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 10/06/2011) CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) [Transferred from California Northern on 12/23/2011.] (Entered: 10/06/2011) 5 MOTION to Dismiss or Transfer filed by Full Circle United, LLC. Motion Hearing set for 12/20/2011 at 9:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Responses due by 11/23/2011. Replies due by 11/30/2011. (Attachments: #(1) Declaration Declaration of Robert Harkins, #(2) Declaration Declaration of Eric Pavony)(Harkins, Robert) (Filed on 11/9/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/09/2011) 6 CLERK'S NOTICE REQUESTING PARTIES TO FILE CONSENT OR DECLINATION. Admissions due by 11/18/2011. (kns, COURT STAFF) (Filed on 11/10/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/10/2011) 7 CLERKS NOTICE RESETTING the Motion to Transfer Case Hearing to 12/20/2011 09:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (kns, COURT STAFF) (Filed on 11/18/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/18/2011) 8 CONSENT to Proceed Before a US Magistrate Judge by Skee Ball, Inc... (Idell, Richard) (Filed on 11/18/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/18/2011) 9 CONSENT to Proceed Before a US Magistrate Judge by Full Circle United, LLC.. (Harkins, Robert) (Filed on 11/21/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/21/2011) 10 RESPONSE (re 5 MOTION to Dismiss or MOTION to Transfer Case ) Plaintiff's Opposition to Full Circle United, LLC's Motion to Dismiss or Transfer filed bySkee Ball, Inc.. (Attachments: # 1 Declaration Declaration of Ory Sandel, # 2 Declaration Declaration of John Leonhardt, # 3 Declaration Declaration of Larry Seidman, # 4 Declaration Declaration of Jann Stanley Moorhead)(Idell, Richard) (Filed on

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11/23/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/23/2011) 11/23/2011 11 OBJECTIONS to Plaintiff's Evidentiary Objections and Motion to Strike Portions of Declarations of Eric Pavony and Robert Harkins Filed in Support of Full Circle Untied, LLC's Motion to Dismiss or Transfer by Skee Ball, Inc.. (Idell, Richard) (Filed on 11/23/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/23/2011) 12 REPLY (re 5 MOTION to Dismiss or MOTION to Transfer Case ) filed byFull Circle United, LLC. (Harkins, Robert) (Filed on 11/30/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/30/2011) 13 RESPONSE to re 11 Objection, by Full Circle United, LLC. (Harkins, Robert) (Filed on 11/30/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/30/2011) 14 OBJECTIONS to re 12 Reply to Opposition/Response EVIDENTIARY OBJECTIONS AND MOTION TO STRIKE PORTIONS OF DECLARATIONS OF JOHN C. LEONHARDT [DOC. 10-2] AND LARRY SEIDEL [DOC. 10-3] FILED IN SUPPORT OF PLAINTIFFS OPPOSITINO TO FULL CIRCULE UNITED, LLCS MOTION TO DISMISS OR TRANSFER by Full Circle United, LLC. (Harkins, Robert) (Filed on 11/30/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 11/30/2011) 15 Certificate of Interested Entities by Skee Ball, Inc. (Idell, Richard) (Filed on 12/15/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/15/2011) 16 Statement of Corporate Disclosure by Skee Ball, Inc.. (Idell, Richard) (Filed on 12/15/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/15/2011) 17 Certificate of Interested Entities by Full Circle United, LLC (Harkins, Robert) (Filed on 12/16/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/16/2011) 18 Statement of Corporate Disclosure by Full Circle United, LLC. (Harkins, Robert) (Filed on 12/16/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/16/2011) 19 Minute Entry: Motion to Dismiss and Motion to Transfer Hearing held on 12/20/2011 before The Honorable Elizabeth D Laporte (Date Filed: 12/20/2011). (Court Reporter Debra Pas.) (kns, COURT STAFF) (Date Filed: 12/20/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/20/2011) 20 ORDER by Judge Elizabeth D. Laporte denying 5 Motion to Dismiss; granting 5 Motion to Transfer Case (edllc2, COURT STAFF) (Filed on 12/22/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/22/2011) The United States District Court for the Eastern District of New York shall receive the contact information via e-mail/telephone transfer from this Cout. Re 20 Order (aaa,

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COURT STAFF) (Filed on 12/22/2011) [Transferred from California Northern on 12/23/2011.] (Entered: 12/22/2011) 12/23/2011 21 Case transferred in from District of California Northern; Case Number 3:11-cv-04930. Original file certified copy of transfer order and docket sheet received. (Entered: 12/23/2011) The case of Skee Ball, Inc v. Full Circle United, LLC, has been transferred from California Northern District to the Eastern District of New York. The new case number is 11-cv-6277. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) (Entered: 12/23/2011) 22 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on January 18, 2012, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/27/2011. (Konkoly, Antonia) (Entered: 12/27/2011) 23 ORDER: The court notes that while this case was pending in the Northern District of California, both parties consented to the jurisdiction of a Magistrate Judge for all purposes. (See Consent of Skee Ball, Inc. (Docket Entry # 8); Consent of Full Circle United, LLC (Docket Entry # 9).) If neither party withdraws its consent to the jurisdiction of a Magistrate Judge by January 4, 2012, this case shall be transferred to Magistrate Judge James Orenstein for all purposes, including trial and entry of final judgment. See 28 U.S.C. 636(c). Ordered by Judge Nicholas G. Garaufis on 12/28/2011. (Lee, Tiffeny) (Entered: 12/29/2011) 24 MOTION to Withdraw 23 Order,, Withdrawal of Consent to Proceed before United States Magistrate Judge by Skee Ball, Inc.. (Krauss, Geri) (Entered: 01/03/2012) 25 MOTION to Reassign Case as related by Skee Ball, Inc.. (Krauss, Geri) (Entered: 01/03/2012) ORDER granting 24 Motion to Withdraw -- The motion is granted. Ordered by Magistrate Judge James Orenstein on 1/4/2012. (Konkoly, Antonia) (Entered: 01/04/2012)

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Description:

Docket Report

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