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`Attorney's Docket No. 16604.01
`
`PATENT AND TRADEMARK OFFICE
`IN THE UNITED STATES
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`RE/MAX INTERNATIONAL,
`
`INC.
`
`Opposer
`
`v.
`
`STEPHEN H. CAREY
`
`Applicant
`
`\/\/sax/h./x/\/s/xg
`
`Opposition No. 118,430
`
`CONSENT MOTION FOR EXTENSION OF DISCOVERY AND TESTIMONY PERIODS
`
`COMES NOW Applicant STEPHEN H. CAREY, by counsel, and with the
`
`consent of Opposer’s attorney, hereby moves that all proceedings in
`
`the above captioned opposition proceeding be extended for a period
`
`of two (2) months, as follows:
`
`THE PERIOD FOR DISCOVERY TO CLOSE
`
`April 27, 2003
`
`Testimony period for party in
`position of plaintiff to close
`(opening thirty days prior thereto)
`
`July 27, 2003
`
`Testimony period for party in
`position of defendant to close
`
`(opening thirty days prior thereto)
`
`Rebuttal testimony period to close
`(opening fifteen days prior thereto)
`
`September 27, 2003
`
`November 10, 2003.
`
`
`
`
`
`/
`
`This present request is made in order to allow both counsel/
`
`time to complete discovery, is made in good faith, and is not made
`
`for purposes of delay. Specifically, this present request result
`
`most directly from the following chain of events:
`
`
`
`
`
`
`&...'1-....
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`' w?;%n
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`Attorney's Docket No. 16604.01
`
`PATENT AND TRADEMARK OFFICE
`IN THE UNITED STATES
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`RE/MAX INTERNATIONAL,
`
`INC.
`
`Opposer
`
`v.
`
`STEPHEN H. CAREY
`
`Applicant
`
`\/\/sax/h./x/\/s/xg
`
`Opposition No. 118,430
`
`CONSENT MOTION FOR EXTENSION OF DISCOVERY AND TESTIMONY PERIODS
`
`COMES NOW Applicant STEPHEN H. CAREY, by counsel, and with the
`
`consent of Opposer’s attorney, hereby moves that all proceedings in
`
`the above captioned opposition proceeding be extended for a period
`
`of two (2) months, as follows:
`
`THE PERIOD FOR DISCOVERY TO CLOSE
`
`April 27, 2003
`
`Testimony period for party in
`position of plaintiff to close
`(opening thirty days prior thereto)
`
`July 27, 2003
`
`Testimony period for party in
`position of defendant to close
`
`(opening thirty days prior thereto)
`
`Rebuttal testimony period to close
`(opening fifteen days prior thereto)
`
`September 27, 2003
`
`November 10, 2003.
`
`
`
`
`
`/
`
`This present request is made in order to allow both counsel/
`
`time to complete discovery, is made in good faith, and is not made
`
`for purposes of delay. Specifically, this present request result
`
`most directly from the following chain of events:
`
`
`
`
`
`
`
`
`
`1.
`
`On November 27, 2002 the TTAB issued an order approving
`
`February 27, 2003 as the discovery close date (noting that it would
`
`look with disfavor on future extension motions).
`
`2.
`
`Last evening, February 10, Applicant STEPHEN H. CAREY
`
`slipped and fell on a patch of ice and injured his back, as noted
`
`in the two pages copies herewith.
`
`He was scheduled to give a
`
`deposition in this opposition proceeding on Thursday, February 13,
`but will be unable to do so without great difficulty as his back
`
`injuries make it painful for him to sit up or move about. He does
`
`not know how long such injuries will
`
`last.
`
`Counsel
`
`for both
`
`parties have agreed to reschedule his deposition for a date late in
`
`March.
`
`3. Meanwhile, on January 14 and 15, 2003 Applicant's counsel
`
`was present in the offices of Opposer's counsel for a production of
`
`documents in this opposition proceeding, and was scheduled to take
`
`Opposer's deposition this coming February 21. This latter date is
`
`being rescheduled as well.
`
`4.
`
`The parties’
`
`respective‘ counsel anticipate that
`
`the
`
`extension presently being requested in this CONSENT MOTION FOR
`
`EXTENSION OF DISCOVERY AND TESTIMONY PERIODS will be the last one
`
`needed in this opposition proceeding.
`
`
`
`
`
`IN VIEW OF all of
`
`the above, Applicant makes
`
`the request
`
`herein that all proceedings in the above captioned opposition
`
`proceeding be extended for a period of two (2) months, as above set
`
`forth.
`
`Pursuant
`
`to Trademark Rule 2.121(d)
`
`this request
`
`is being
`
`submitted in triplicate.
`
`Respectfully requested,
`
`Kjcgx-9 (L/\.
`alter Kubitz, Esq}
`LITMAN LAW OFFICE , LTD.
`P.O. Box 15035
`
`kW
`
`Crystal City Station
`Arlington, VA
`22215-0035
`(703)
`486-1000
`Counsel for Applicant
`STEPHEN H. CAREY
`
`Date:
`
`February 11, 2003.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 11th day of February, 2003, this
`office mailed a true and accurate copy of the foregoing CONSENT
`MOTION FOR EXTENSION OF DISCOVERY AND TESTIMONY PERIODS to John R.
`
`LAMB, GREENE &
`LEBOEUF,
`Posthumus, Esq., Nancy Dempsey, Esq.,
`MACRAE LLP, 633
`17th Street, Suite 2000, Denver, Colorado 80202,
`counsel for Opposer RE/MAX INTERNATIONAL,
`INC.
`
`A it. \< .31.;
`Walter Kubitz, Esq.
`
`
`
`
`
`
`
`EFEB-A11-2883 89:68 QM
`
`.
`
`.
`
`I,
`
`_
`
`783 558 9766
`
`$3.21
`
`REGUARD®
`
`P.0. Box 7188
`
`Arlington, VA 22207
`
`CONFIDENTIAL CLIENT COMMUNICATION
`
`February 11, 2003
`
`Walter Kubitz, Esq.
`Litman Law. Offices, Ltd.
`P.0. Box 15035
`
`Crystal City Station
`Arlington, Va. 22215-0035
`
`Dear Mr. Kubitz:
`
`Please notify RE/MAX’s attorney that they will have to reschedule the deposition dated
`February 13, 2003.
`
`Last night at around 6 p.rn._, I slipped on ice and fell down a set of porch stairs. I hit my
`back hard several times as I bounced down the stairs.
`
`As the attached document shows, I have suffered severe back trauma from this fall down
`the stairs last night. This has immobilized me for the near future with severe and
`constant pain. I am unable to move about without pain due to my lower back injuries.
`Unfortunately, the doctor was unable to let me know how long this will last.
`
`Sincerely,
`
`Stephen Carey
`
`Tnl: (703) 341-9446
`
`.
`
`Fax: (703) 558-9766
`
`.
`
`E~mail: mgumrwm.Iu.ml.
`
`
`
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`
`I
`
`.FEB~a1—2ae3 e9:ee an
`
`.
`
`733 553 9766
`
`p_92
`
`VIRGINIA HOSPITAL CENTER-ARLINGTON
`EMERGENCY DEPARTMENT
`Arlington. VA 22205
`703-558-6167
`
`Date: Monday. February 10. 2003
`Patient: Stephen Carey
`Doctor: Kevin Campbell M.D.
`
`
`The following lnstructlon(s) should be read ccrelully:
`
`BACK TRAUMA:
`
`Back pain is very common after accidents of different kinds. X-rays do not show any fractures in your
`back. Your back pain may be from stretched or torn muscles or ligaments. or from at contusion (bruise) to
`your back.
`The first treatment of low back pain is rest to remove the strain on muscles and ligaments. Any
`comfortable position is all right. Use a pillow under your knees when you lie on your back. Sleep on a firm
`mattress.
`
`Avoid any bending or lifting until your symptoms are completely better. When you are recovered be sure
`to lift properly by bending your knees (not your back) and using your leg muscles to help.
`Anti-inflammatory and analgesic drugs are often prescribed. Skeletal muscle relaxants may be helpful
`also.
`
`Use ice or heat to your back several times daily for :30-40 minutes each time.
`acute injuries, but use whichever gives you greater comfort.
`
`ice is probably better for
`
`NOTIFY YOUR DOCTOR or return to the Emergency Department in case of the following:
`- Back pain is worsening or is not improved within 4-5 days.
`- Abdominal pain or change in the location of pain.
`- Any numbness. weakness. or increased pain in your legs.
`- Difficulty with urination or bowel movements.
`
`The following preecription(s) have been given:
`
`Name: Percocet: Percocet 5.0/325
`Dlep: #25
`Sig: 1-2 po q 4-6 hrs pm pain
`Refills: 0 Voluntary Fcrmulary Permitted
`
`The following nete(s) should be read carefully:
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