IN THE UNITED STATES PATENT AND TRADEMARK OF.
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOAR.
`
`TTAB
`
`Anvil Knitwear, Inc.,
`
`OPDOser,
`
`v.
`
`Success Ware Inc.,
`
`Applicant.
`
`//
`
`if) i
`
`) Q A /
`
`l J
`
`. Consolidated: Opposition No. 91155386
`:
`Opposition No. 91159232
`
`lllllllllllllllllllllllllllllllllllllIllllllllllll
`
`07-22-2009
`
`NOTICE OF RELIANCE UNDER RULE 2.122(e)
`
`.
`
`2
`
`>
`
`"E'-"-
`
`3*
`
`Success Ware Inc. (“Applicant”) hereby makes of record in connection with this opposition
`
`proceeding and submits before this Board the following documents from a Civil Litigation Action, case
`
`no. CV-06-8100 SVW (Ssx), Pame v. Anvil Knitwear, Inc., before the United States District Court,
`
`Central District Western Division, Los Angeles County in which Anvil Knitwear, Inc. (“Opposer”) by
`
`way of Counterclaim brought Success Ware Inc. as a Joinder Counter—Defendant in an Infringement
`
`Action and submits:
`
`Certified Copy of the Final Judgment of District Court
`
`Copy of the Civil Docket Sheet
`
`Copy of “Opposer's” Declaration (Levesque w/o Exhibits) with
`respect anvil design mark in question, Registration No. 783,711.
`
`Exhibit A
`
`Exhibit B
`
`Exhibit C
`
`Copy of District Court's Order Granting Summary Judgment
`
`Exhibit D
`
`Success Ware Inc. (“Applicant”) additionally makes of record in connection with this opposition
`
`and submits:
`
`Copy of Opposer's Motion dated Augu_st 22, 2008 requesting to
`Admit Testimony and Exhibits from a prior proceeding w/o exhibits
`
`Exhibit E
`
`
`
`

`
`Applicant's Oppostion Response dated August 31, 2008 to Opposer’s
`request to admit Testimony and Exhibits from prior Consolidated
`Proceeding (Opposition No. 117,782 and Cancellation No. 30,393)
`before the Board.
`
`Copy ofthis Board's Order of October 14, 2008 Denying Opposer
`use of Testimonial Deposition and Exhibits from a prior Consolidated
`Proceeding (Opposition No. 117,782 and Cancellation No. 30,393)
`before the Board.
`
`Exhibit E-1
`
`Exhibit E-2
`
`Exhibit E-3
`Copy of some Exhibits from Testimonial Deposition from a prior con—
`solidated proceeding (Opposition No. 117,782 & Cancellation No. 30,393)
`denied by this Board's in its Order of October 14, 2008 submitted into
`the record as evidence by opposer.
`
`Copy ofApplicant's Objection and Opposition Response against
`Opposer’s use of Testimony Deposition and Exhibits fi'om prior
`Consolidated Proceeding (Consolidated: Opposition No. 117,782
`and Cancellation No. 30,393) dated March 28 2009.
`
`Exhibit F
`
`
`Copy of Board's Decision of June 22 2004 from the prior consoli-
`dated proceeding (Opposition No. 117,782 & Cancellation No. 30,393)
`in which the Board threw out and did not consider opposers exhibits
`which displayed difierent anvil design marks not used to initiate the
`action and considered different from anvil design mark, Reg. No. 783,711.
`(Board's Decision at Footnote #17 at page 12) These are the same
`anvil design marks referrenced at attached Exhibit E-3.
`
`Exhibit G
`
`Copy ofApplicant's Response to Opposer on Applicant's Request
`for Reconsideration dated September; 21, 2008 to Board's
`July 25, 2008 Order/Decision.
`
`Copy ofNotice of Publication which was submitted by way of the
`prior Director of Patent and Trademarks, James E. Rogan, after
`finding no likelihood of confusion, granting Applicant's Petition
`against Examining Attorney's denial to further process Applicant's
`Application.
`
`Exhibit H
`
`Exhibit I
`
`Applicant relies on the above documents and asserts the documents submitted are relevant with
`
`respect to this proceeding and the allegations in Opposer’s complaint regarding opposers mark in
`
`question, Registration No. 783,711. Opposer has presented and acknowleged by record before District
`
`Court that Registration No. 783,711 has been “Updated” and no longer in use and/or has discontinued
`
`2
`
`

`
`its use. Applicant relies upon documents (attached Exhibits A-D) as evidence under the Full Faith and
`
`Credit Statute, Title 28 U.S.C. 1738 and Constitution Article IV §l. Additionally, the documents
`
`(attached Exhibits E-I) are relevant to this opposition proceeding since this Board in its Order dated
`
`October 14, 2008 denied Opposer's request to submit Testimonial Deposition (Transcript and Exhibits)
`
`from a prior Consolidated Proceeding (Opposition No. 117,782 and Cancellation No. 30,393) before
`
`the Board. Opposer has disregarded this Board's Order of October 14, 2008 and submitted as evidence
`
`into the record before this Board exhibits from a prior consolidated proceeding (Opposition No.
`
`117,782 and Cancellation No. 30,393) and basically the same Testimonial Deposition. Therefore,
`
`Applicant has object and opposed opposer submitting into evidence of record Exhibits from a prior
`
`Consolidated Proceeding at attached Exhibit F at pg. 3, 113.
`
`Success Ware Inc. (“Applicant”) further brings to this Board”s attention to the relevancy of the
`
`documents with respect to Opposer's Exhibits, the exhibits display entirely different “anvil design”
`
`marks which were not used to initiate this proceeding and is definitely not the “anvil design” mark of
`
`the pleaded Registration of Opposer's Notice of Reliance submitted December 2, 2008. Thus, some of
`
`the same exhibits and exhibits which displayed the same anvil design marks the prior Board in the prior
`
`consolidated proceeding (Opposition No. 117,782 and Cancellation No. 30,393) threw out as unrelated
`
`to Reg. No. 783,711, opposer has submitted into the record as evidence of use.
`
`Applicant submitted a Reconsideration on Board's July 25, 2008 Order denying Success Ware
`
`Inc.'s (“Applicant's ) Res Judicata with respect this proceeding before the Board initiated byAnvil
`
`Knitwear, Inc. (“Opposer”). The relevancy ofApplicant's Reconsideration on Board's July 25, 2008
`
`Order/Decision with respect to Opposer's disregard of Board's Order of October 14, 2008, if the Board
`
`accepts the Testimonial Deposition and Exhibits from the prior consolidated proceeding than Res
`
`Judicata exist. Lg attached Exhibit H) This is can be substantiated by Opposer's own words as noted in
`
`3
`
`

`
`Opposer's Motion dated August 22, 2008. The relevancy ofthe Notice of Publication filed January 23,
`
`2003 after Applicant's Petition by granted by prior Director of Pantent and Trademarks, Jame E.
`
`Rogan, finding no likelihood of confusion between Applicant's mark in question in this proceeding. (_s_e_e
`
`attached Exhibit 1)
`
`Thus, Applicant relies on the documents to show as evidence that Opposer has discontinued use
`
`ofthe mark in question, Registration No. 783,711 and/or has abandoned the mark through material
`
`alteration which must be considered no longer in use. Due to this Board gganting Applicant's Motion
`
`To Extend Testimony Period dated May 13, 2009 (attached Exhibit ._l) after both parties Testimony
`
`Period ended, this Notice of Reliance replaces the prior submitted Notice of Reliace ofApplicant dated
`
`Febgm 18, 2009.
`
`Dated: Louisville, KY
`July 20, 2009
`
`SUCCES§WARE INC‘;,\\
`/=
`
`
`
`4506 W. Broa way
`Louisville, KY 4021 1
`
`CERTIFICATE OF SERVICE
`
`The undersign hereby certifies that on July 20, 2009, a true and correct copy of the foregoing,
`Applicant's NOTICE OF RELIANCE, was served “Express Mail” to the Trademark Trial and Appeal
`Baord, P.O. Box 1451, Alexandria, VA 22313-1451 and “First Class” mail postage prepaid to Anvil
`Knitwear, Inc.'s Counsel at the following address:
`
`James D. Weinberger
`FROSS ZELNICK LEHRMANT & ZISSU, P.C.
`At First Avenue and 48”‘ Street
`
`New York, NY 10017
`
`
`
`Reva Payne
`4
`
`

`
`Applicant's Notice of Reliance
`EXHIBIT A
`7/20/09
`
`

`
`'9)-9
`
`Case 2:06-cv-08100-'V-SS
`
`DOCU1T1t 563
`
`Filed 08‘2007 G Page 1 of 2
`
`filED
`CLERK u s oismicr coum
`
`
`
`UNITED STATES DISTRICT COUR
`
`CENTRAL DISTRICT OF CALIFORN ‘
`
`‘
`
`\
`
`.
`
`I
`
`i
`
`2 3
`
`,
`
`‘
`
`A
`
`LODGED
`
`
`
`Ray?! E. PAYNE and LUCRETIA M. Case No. cv-
`06-810O-SVW
`..-‘E
`[ ] JUDGMENT
`'33 53-
`g PA:
`E,
`I
`.
`.
`u
`..
`‘iD
`c4
`..
`Plaintiffs,
`0.
`E ,
`s_
`‘-3
`KNITWEAR INC.
`cs
`*
`czg
`’
`-¢ 3
`Defendant.
`a g
`10 ANDRELATED COUNTERCLAIMS.
`
`’
`
`_
`ggriociny 1/
`Enter
`_ __
`C'°5°d —{
`5333:? -
`Scar-Only:
`
`This matter having come up for adjudication on Defendant Anvil Knitwear,
`I
`1 1
`12 Inc.’s motion for summary judgment before the Honorable Stephen V. Wilson, the
`13 Court having issued its Opinion and Order on June 22, 2007 and entered on June 28,
`14 2007, on Defendant’s voluntary withdrawal ofcounterclaims without prejudice, so
`15 ordered on July 12, 2007, and on Defendant’s motion for attorneys’ fees and costs,
`16 the Court having issued its Opinion and Order on August 6, 2007 and entered on
`
`17 , August 7, 2007,
`
`it is hereby ORDERED, ADJUDGED and DECREED as follows:
`
`18 1
`
`1.
`
`This Court has jurisdiction over the parties and the subject matter of
`
`19 1 this action and venue is proper in this district.
`
`20 Q
`
`21 1
`
`2.
`
`3.
`
`The Complaint in this action is dismissed with prejudice.
`
`Pursuant to 17 U.S.C. § 505, Plaintiffs Reva E. Payne and Lucretia M.
`
`22 Payne are ordered to pay to Defendant attorneys’ fees and costs in the amount of
`
`23 4 $25,012.56.
`
`24 1
`
`IT IS SO ORDERED.
`
`27
`28 9
`7
`i
`
`.
`
`tFoo9o(mI
`
`)
`
`J
`L5,;
`
`.
`
`on.
`nited
`
`25 DATED: August 42/2007
`26
`,;./,"—Ifi§/C1.\r1
`
`‘._-i‘ ''
`'
`if "
`‘
`\ \ 2’,
`
`1 on
`.
`ates District Judge
`
`Q
`
`9
`
`

`
`‘RI
`
`Case 2:06-cv-08100-.N-SS Doculent 56
`
`Filed O8‘/2O07G Page 2 of 2
`
`JAMES D. WEINBERGER admittedsgro hac vice)
`U, P.C.
`FROSSZELNLCK LE
`N & Z1
`866 Umted Nat1ons Plaza
`New York, New York 10017
`Telephone: 212) 813-5900
`Facs1mile:( 12) 813-5901
`E-mail: jwe1nberger@frosszelnick.com
`
`CHRISTOPHER C. LARKIN (SBN: 119950)
`SEYFARTH SHAW LLP _
`2029 Century Park Eagt, Su1te 3300
`Los Angeles Calxfomla 90067-3063
`Telephone: §310)277—72oo
`Facsxrmle: ( 10 201-5219
`E-mallzclarkm seyfarth.com
`
`
`
`2 ‘
`3
`
`»
`
`:--a—AF-‘3\Dx\IO\UI-5
`«.-—p—->-->—4-—
`\lO\lJ'I-§UJl\)
`
`lF009007I I)
`
`‘
`
`"1-49¢} - u -. ‘aha -‘if
`
`

`
`‘
`.
`I hereby attestand certify on
`that the foregomg document as a ful true
`and cqrrect copy of the
`iginal on file in
`my office, and In my lyfioafj custody.
`
`
`
`on/\
`
`
`
`
`
`

`
`Applicant's Notice of Reliance
`EXHIBIT B
`
`7/20/09
`
`

`
`Coun
`
`imant
`
`Anvil Knitwear Inc
`
`V.
`
`Counter Defendant
`
`Reva E Payne
`
`Counter Defendant
`
`Lucretia M Payne
`
`represented by James D Weinberger
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Reva E Payne
`5042 Wilshire Boulevard, Suite 178
`Los Angeles, CA 90036
`323-481-7381
`PRO SE
`
`represented by Lucretia M Payne
`(See above for address)
`PRO SE
`
`
`
`
`Date Filed E Docket Text
`12/18/2006
`LODGED COMPLAINT filed by plaintiff Reva E Payne.(jp) (Entered:
`01/04/2007)
`
`
`
`
`1 NOTICE RE: DISCREPANCIES WITH LODGING OF COMPLAINT mailed
`
`to plaintiff Reva E Payne. Upon submission of your complaint it was noted that
`you did not pay the appropriate filing fee. If you are unable to pay the entire
`filing fee at this time, you must sign and complete the CV60 form attached. If
`you do not respond within 30 days of the date of this letter your action will be
`dismissed. Regarding Lodged Complaint. (jp) (Entered: 01/04/2007)
`
`
`
`J 2 Request for Leave to Proceed in forma pauperis filed by plaintiff Reva E Payne.
`(bp, ) (Entered: 02/21/2007)
`
`12/18/2006
`
`02/21/2007
`
`A
`
`02/21/2007
`
`
`
`
`
`
`
`
`
`
`
`02/21/2007 U
`
`02/21/2007
`
`4
`
`02/21/2007
`
`
`
`
`3 ORDER by Judge Margaret A. Nagle GRANTING Request for Leave to
`Proceed in forma pauperis 2 (rrey, ) (Entered: 03/02/2007)
`
`
`
`
`
`
`
`
`
`
`Judge Stephen V. Wilson and Suzanne H. Segal added. Judge Duty Magistrate
`Judge and Unassigned no longer assigned to case. (rrey, ) (Entered:
`03/02/2007)
`.
`'
`'
`
`
`
`
`
`COMPLAINT against defendant Anvil Knitwear Inc.(Filing fee 53 350: ifp
`granted) Jury Demanded. , filed by plaintiffs Reva E Payne, Lucretia M Payne.
`
`(rrey, ) (Entered: 03/02/2007)
`
`20 Day Summons Issued re Complaint - (Discovery) 4 as to Anvil Knitwear
`lnc. (rrey, ) (Entered: 03/02/2007)
`
`

`
`
` 02/21/2007
`5 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Reva
`E Payne, Lucretia M Payne. (rrey,) (Entered: 03/02/2007)
`
`
`REPORT ON THE FILING OF AN ACTION REGARDING COPYRIGHT
`
`02/21/2007
`
`(cc: form mailed to Washington, D.C.) (Opening) (rrey, ) (Entered: 03/02/2007)
`03/14/2007 a NEW CASE ORDER by Judge Stephen v. Wi1son,(bp, ) (Entered: 03/15/2007)
`03/19/2007
`NOTICE of Related Case(s) filed by Defendant Anvil Knitwear Inc. Related
`Case(s): CV 04-7046 ABC (CTX) (rn, ) (Entered: 03/28/2007)
`
`
`
`ANSWERtoComplaint-(Discovery)4,COUNTERCLAIMagainstRevaE
`
`Payne, Lucretia M Payne filed by defendant Anvil Knitwear Inc. Issued
`summons(bp, ) (Entered: 04/02/2007)
`
`
`
`APPLICATION of James D. Weinberger for Leave to Appear Pro Hac Vice
`filed by defendant Anvil Knitwear Inc. Lodged proposed order. (bp, ) (Entered:
`03/21/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
`03/19/2007
`03/20/2007
`
`03/21/2007
`
`03/23/2007
`
`03/27/2007
`
`03/27/2007
`
`
`
`APPLICATION AND ORDER of Non-Resident Attorney to Appear in a
`Specific Case by James D. Weinberger as counsel for Defendant Anvil
`Knitwear Inc, Approved by Judge Stephen V. Wilson.(bp, ) (Entered:
`03/21/2007)
`
`14 Mail Returned addressed to Reva A. Payne re Q Order (bp, ) (Entered:
`04/10/2007)
`
`I0 ORDER RE: STATUS CONFERENCE by Judge Stephen V. Wilson. Status
`Conference set for 4/23/2007 03:00 PM.(pbap, ) (Entered: 03/29/2007)
`
`
`
`
`12 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge
`Stephen V. Wilson ORDERING answer and counterclaim submitted by
`
`Defendant Anvil Knitwear Inc received on 3/ 1 9/07 to be filed and processed;
`filed date to be the date the document was stamped Received but not Filed with
`
`the Clerk.(bp, ) (Entered: 04/02/2007)
`
`PROOF OF SERVICE Executed by plaintiff Reva E Payne, Lucretia M Payne,
`upon Anvil Knitwear Inc served on 3/22/2007, answer due 4/ l 1/2007. The
`
`
`Summons and Complaint were served by certified mail service, by federal
`
`
`statute, upon Rita Rosenberg, esq.,. Due Dilligence declaration not attached.
`Original Summons not returned. (Original, signed, returned receipt of certified
`
`
`mail attached) (bp, ) (Entered: 05/21/2007)
`
`04/03/2007 I
`
`
`
`
`
`
`
`
`
`03/30/2007
`
`25
`
`PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related
`Case) by Clerk; related to CV 04-7046 ABC (CTX). (rn, ) (Entered:
`04/03/2007)
`'
`'
`
`
`
`
`
`ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related
`Case) filed. Transfer of case declined by Judge Audrey B. Collins, for the
`reasons set forth on this order. Related Case-No. CV 04-7046 ABC (CTx)(m, )
`
`04/06/2007
`
`(Entered: O4/O6/2007)
`
` 04/ l 2/2007
`
`
`NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen V. Wilson,
`ORDERING reply to defendants‘ answer submitted by Plaintiff Lucretia M
`
`
`
`

`
`
`
`Payne received on 4/10/07 is not to be filed but instead rejected. Denial based
`
`on: motion to dismsis lacking hearing date.(bp, ) (Entered: 05/09/2007)
`MINUTES OF Status Conference held before Judge Stephen V. Wilson : Filing
`
`of motion for summary judgment 5/7/07, opposition 5/21/07, reply 6/4/07.
`Hearing 6/1 1/07 at 1:30 p.m.Court Reporter: N/A. (bp, ) (Entered: 05/03/2007)
`
`
`NOTICE OF MOTION AND MOTION for Summary Judgment dismissing
`plaintiffs’ complaint for copyright infiingement filed by defendant Anvil
`Knitwear Inc, Anvil Knitwear Inc. Motion set_f9_r hearing on 6/11/2007 at 01:30
`PM before Judge Stephen V. Wilson. Lodged statement of uncontroverted
`facts/judgment. (bp, ) (Entered: 05/08/2007)
`
`
`
`
`
`
`
`
`
`MEMORANDUM of Points and Authorities in Support of MOTION for
`Summary Judgment 16 filed by defendant Anvil Knitwear Inc. (bp, ) (Entered:
`05/08/2007)
`
`
`
`
`
`
`DECLARATION of James D. Weinberger in support of MOTION for
`Summary Judgment 16 filed by defendant Anvil Knitwear Inc. (bp, ) (Entered:
`
`
`05/08/2007)
`
`
`
`
`DECLARATION of Christopher Levesque in support of MOTION for
`Summary Judgment 16 filed by defendant Anvil Knitwear Inc. (bp, ) (Entered:
`05/08/2007)
`
`
`
`NOTICE OF MOTION AND MOTION to Disqualify District Judge Stephen
`
`V. Wilson filed by Plaintiffs Reva E Payne, Lucretia M Payne, Reva E Payne,
`
`
`
`Lucretia M Payne. (rn, ) (Entered: 05/1 1/2007)
`
`REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been
`
`filed. Pursuant to GO 224 and GO 194 MOTION to Disqualify District Judge
`Stephen V. Wilson 21 is referred to Judge Manuel L. Real for determination.
`(rn, ) (Entered: 05/1 1/2007)
`=
`NOTICE OF MOTION AND MOTION to drop Sucess Ware, Inc/or/and sever
`
`counter-claims for misjoinder of claims filed by plaintiff Reva E Payne. Motion
`
`
`set for hearing on 6/l 1/2007 at 01:30 PM before Judge Stephen V. Wilson.
`
`(bp, ) (Entered: 05/24/2007)
`
`ORDER: In rambling, repetitious motion to disqualify judge for personal bias
`
`or prejudice pursuant to 28 USCA 144,455,455(a) plaintiffs Reva Payne and
`Lucretia M. Payne move to recuse the Honorable Stephen V. Wilson on the
`grounds of "persona bias or prejudice against p1aintiff(s) in favor of defendant
`
`
`and defendant's counsel." by Judge Stephen V. Wi1son,(bp, ) (Entered:
`
`
`
`05/15/2007)
`24 ANSWER to Counterclaim ll filed by counter—defendants' Reva E Payne,
`Lucretia M Payne.(bp, ) (Entered: 05/16/2007)
`27 NOTICE OF MOTION AND MOTION to Dismiss ‘Counter-Claim filed by
`plaintiff Reva E Payne.Motion set for hearing on 6/l 1/2007 at 01:30 PM before
`
`
`Judge Stephen V. Wilson. (bp, ) (Entered: 05/30/_2007)~
`0 Plaintiffs‘ REPLY in opposition to Anvil Knitwear Inc's Statement of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`04/23/2007
`
`05/07/2007
`
`05/07/2007
`
`05/07/2007
`
`05/07/2007
`
`05/11/2007
`
`05/ 1 1/2007
`
`05/14/2007
`
`05/l 5/2007
`
`05/15/2007
`
`05/17/2007
`
`05/24/2007
`
`

`
`
`
`
`
`Uncontroverted Facts and Conclusion of Law in support of Anvil Knitwear
`Inc's Motion for Summary Judgment 16 filed by plaintiff Reva E Paynea E
`Payne.(kd) (Entered: 06/06/2007)
`
`
`
`Plaintiffs’ MEMORANDUM of Points and Authorities in support of plaintiffs‘
`reply in opposition to Anvil Knitwear Inc's Motion for Summary Judgment 16
`filed by Plaintiff Reva E Payne. (kd) (Entered: 06“/06/2007)
`
`
`
`
`
`MEMORANDUM of Points and Authorities in Opposition to MOTION for
`Order for to drop Sucess Ware, Inc. or/and sever counter-claims for misjoinder
`of claims 26 filed by Defendant Anvil Knitwear Inc. (bp) (Entered: 06/06/2007)
` DECLARATION of James D. Weinberger in support of opposition to
`MOTION for Order for to drop Sucess Ware, Inc. or/and sever counter-claims
`
`for misjoinder of claims 26 filed by Defendant Anvil Knitwear Inc. (bp)
`
`29II (Entered:06/06/2007)
`
`
`
`
`
`05/24/2007
`
`05/25/2007
`
`05/25/2007
`
`05/29/2007
`
`05/29/2007
`
`
`
`
`
`NOTICE OF ERRATA filed by Plaintiff Reva E Payne. correcting Reply
`(Motion related) 30 (bp) (Entered: 06/07/2007)
`
`35 NOTICE of change of telephone number filed by plaintiff Reva E Payne. (bp)
`(Entered: 06/07/2007)
`
`06/04/2007
`
`2 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
`
`
`
`
`
`REQUEST for Reconsideration re Order to disqualify judge Stephen V. Wilson
`for personal bias or rejudice, 2§ filed by plaintiffReva E Payne. (bp) (Entered:
`06/14/2007)
`-
`
`
`
`
`
`
`
`38
`
`
`
`
`
`
`NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge
`Stephen V. Wilson ORDERING request for reconsideration submitted by
`Plaintiff Reva E Payne received on 6/8/07 to be filed and processed; filed date
`to be the date the document was stamped Received but not Filed with the Clerk.
`
`(bp) (Entered: 06/14/2007)
`
`
`Plaintiffs‘ Request for Reconsideration of Motion to Disqualify Judge Stephen .
`V. Wilson for personal bias or prejudice, Denieclby Judge Manuel L. Rea1,(bp)
`(Entered: 06/18/2007)
`_
`
`
`
`06/08/2007
`
`06/12/2007
`
`06/18/2007
`
`
`3I OFMOTIONforSummaryJudgment l6filedbyDefendantAnvilKnitwear
`06/06/2007 I
`06/07/2007 I
`
`Inc. (bp) (Entered: 06/07/2007)
`
`
`RESPONSE TO DEFENDANT AND COUNTERCLAIMANT ANVIL
`KNlTWEAR'S OPPOSITION to MOTION for Order for to drop Sucess Ware,
`
`Inc. or/and sever counter-claims for misjoinder of claims 26 filed by Plaintiff _
`Reva E Payne. (bp) (Entered: 06/07/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MINUTES OF IN CHAMBERS ORDER held before Judge Stephen V.
`Wilson : re: defendants motion for summary judgment dismissing plaintiffs
`complaint for copyright infringement 16 ; plaintiffs motion to drop success
`ware Inc., or/and sever counter-claim for misjoinder of claims 26 ; plaintiffs
`motion to dismiss Anvil Knitwear, Inc. counter-claim 27 ; the Court, on its own
`motion, takes the motions listed above under submission. Order to issue
`without oral argument. The June 11, 2007 hearing is vacated.(j1) (Entered:
`06/07/2007)
`
`
`
`33
`
`3.0
`
`

`
`
`06/1 8/2007 43 RESPONSE in opposition to defendant's reply MEMORANDUM of Points and
`
`
`
`Authorities in further Support of Anvil Knitwear, Inc.'s Motion for Summary
`Judgment dismissing complaint for copyright infringement; filed by Plaintiff ;
`Motion Related Document 32 , Memorandum in Support of Motion 17 (car)
`(Entered: 07/03/2007)
`
`REQUEST for correction of clerical mistake-arising from oversight with
`attached declaration filed by plaintiff Reva E Payne. (bp) (Entered: 07/03/2007)
`
`
`
`
`
`
`
`
`06/18/2007
`
`44
`
`46 NOTICE OF DISCREPANCY AND ORDER: by Judge Manuel L. Real,
`ORDERING Request for Reconsideration of Motion to Disqualify Judge
`Stephen V. Wilson for personal bias, submitted by Plaintiffs Reva E Payne,
`Lucretia M Payne received on 06/12/07 is not to be filed but instead rejected.
`Denial based on: FRCVP Rule 5(d); Document previously filed.(yca) (Entered:
`07/1 2/2007)
`
`
`
`
`
`06/21/2007
`
`06/25/2007
`06/27/2007
`
`06/27/2007
`
`41
`
`06/29/2007
`
`07/09/2007
`
`07/12/2007
`
`519
`
`
`
`
`
`
`
`
`
`
`
`
`Motion for Second Request for Reconsideration on Plaintiffs’ Motion to
`Disqualify Judge Stephen V. Wilson for Personal Bias or Prejudice Pursuant to
`28 USCA Sections 144, 455, 455(a); to Chief Administrative Law Judge filed
`by Plaintiff Reva E Payne to be heard by Manuel L. Real (jl) (Entered:
`
`07/ l 0/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDER Denying Motion for Second Request for Reconsideration on plaintiffs’
`Motion to Disqaulify Judge Stephen V. Wilson for personal bias or prejudice
`pursuant to 28 USCA l44,455,455(a) by Judge Manuel L. Real,(bp) . (Entered:
`
`06/27/2007)
`ORDER: Anvil's motin for summary judgment is GRANTED.
`Plaintiffs'motions are DENIED. The court requests that Anvil either voluntarily
`dismiss its counterclaims within ten (10) days or else indicate in a pleading its
`intent to move forward. If Anvil chooses to proceed, the court will set a trial
`date after receiveing such notice, keeping in mind that Success Ware has not
`yet been sewed by Judge Stephen V. Wilson,, (Made JS-6. Case Terminated.)
`(bp) (Entered: 06/28/2007)
`
`
`
`
`
`
`
`MINUTES OF IN CHAMBERS ORDER held before Judge Stephen V.
`Wilson : Case previously closed in error, (Case reopened. MD JS—5.)(bp)
`
`(Entered: 06/29/2007)
`
`NOTICE OF APPEAL to 9th CCA filed by Plaintiffs Reva E Payne, Lucretia
`M Payne. Appeal of Order, Terminated Case, §1_l___Filed on: 6/27/07; Entered On:
`
`6/28/07, Order 510 Filed On: 6/27/07; Entered On: 6/27/07; Filing fee $3 455.
`Billed cc: Reva E. Payne and Lucretia M. Payne; Christopher C. Larkin.(car)
`(Entered: 07/13/2007)
`
`
`
`
`
`
`NOTICE OF MOTION AND MOTION for.'Att’orney Fees and Costs filed by
`
`defendant Anvil Knitwear Inc.Motion set for hearing on 8/6/2007 at Ol :30 PM
`
`
`
`REQUEST of Anvil Knitwear, Inc. to Dismiss Counterclaims Without
`Prejudice Pursuant to 6/28/2007 Order and ‘ORDER by Judge Stephen V.
`Wilson dismissing Anvil Knitwear, Inc.'s Counterclaims 11 without prejudice
`pursuant to F.R.Civ.P. 41 (a)(2) and (c). (Made JS—6. Case Terminated.) (gk)
`
`(Entered: 07/ 1 3/2007)
`»
`
`
`
`
`
`
`07/12/2007
`50
`
`
`
`
`

`
`
`
` MEMORANDUM of points authorities in Support of MOTION for Attorney
`
`
`Fees MOTION for Costs 50 filed by Defendant Anvil Knitwear Inc. (bp)
`
`(Entered: 07/20/2007)
`
`52 DECLARATION of Christopher C. Larkin in support of MOTION for
`Attorney Fees MOTION for Costs 50 filed by Defendant Anvil Knitwear Inc.
`
`(bp) (Entered: 07/20/2007)
`
`53 DECLARATION of James D. Weinberger in support of MOTION for Attorney
`Fees MOTION for Costs 50 filed by Defendant Anvil Knitwear Inc. (bp)
`(Entered: 07/20/2007)
`
`
`
`CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit
`Court of Appeals, fl filed by Reva E Payne, Lucretia M Payne (car) (Entered:
`07/13/2007)
`
`Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:
`Appeal to 9th Circuit Court of Appeals, fl (car) (Entered: 07/13/2007)
`
`before Judge Stephen Wilson. (bp) (Entered: 07/20/2007)
`
`51
`
`07/1 2/2007
`
`07/ l 2/2007
`
`07/12/2007
`
`07/13/2007
`
`fl
`
`
`
`
`
`
`
`
`
`
`
`07/13/2007
`
`07/20/2007
`
`07/3 0/2007
`
`07/30/2007
`
`07/30/2007
`
`
`
`
`21 NOTIFICATION by Circuit Court of Appellate Docket Number 07-56010,
`9TH CCA regarding Appeal to 9th Circuit Court of Appeals, 32 filed by Reva
`E Payne, Lucretia M Payne. (car) (Entered: 07/20/2007)
`
`58 REPLY AND SUPPLEMENTAL DECLARATION of Christopher C Larkin in
`support of MOTION for Attomeys' Fees and Costs 50 filed by Defendant Anvil
`Knitwear Inc. (ad) (Entered: 08/17/2007)
`
`
`
`
`
`
`
`
`
`REPLY MEMORANDUM OF POINTS AND AUTHORITIES in further
`support of MOTION for Attorneys‘ Fees and Costs 50 filed by Defendant Anvil
`
`Knitwear Inc. (ad) (Entered: 08/17/2007)
`
`
`
`ORDER: Defendant's motion for attomeys' fees and costs is GRANTED IN
`PART. Defendant is entitled to fees and costs in the amount of $25,0l2,56. The
`hearing set for 8/6/07, at 1:30 p.m., is hereby VACATED. Defendant is
`ORDERED to submit a proposed judgment with five (5) days for this court's
`signature. by Judge Stephen V. Wilson, re MOTION for Attorney Fees
`MOTION for Costs 50 (bp) (Entered: 08/07/2007)
`
`REPLY AND SUPPLEMENTAL DECLARATION of James D Weinberger in
`support of MOTION for Attomeys' Fees and Costs 50 filed by Defendant Anvil
`
`Knitwear Inc. (ad) Modified on 8/17/2007 (ad, ). (Entered: 08/I 7/2007)
`
`
`
`
`
`
`
`08/06/2007
`
`§_5
`
`
`
`
`
`57 ORDER by Judge Stephen V. Wilson, re Judgment, 56 . This appeal isnot taken
`in good faith. The case was clear and materially undisputed.(dmap) (Entered:
`08/16/2007)
`
`
`
`08/10/2007
`
`08/13/2007
`
`61
`
`PROOF OF SERVICE filed by Defendant and Counterclaimant Anvil Knitwear
`Inc, re Judgment, 5_§ served on 8/13/07. (shb) (Entered: 08/27/2007)
`
`
`08/15/2007
`5 i
`
`
`
`JUDGMENT: The complaint in this action is dismissed with prejudice.
`Pursuant to 17 U.S.C. 505, plaintiffs Reva E.-Payne and Lucretia Payne are
`ordered to pay to defendant attomeys' fees and costs_in the amount of
`
`
`
`
`
`
`

`
`$25,012.56 by Judge Stephen V. Wilson, in favor of Anvil Knitwear Inc against
`Lucretia M Payne, Reva E Payne(bp) (Entered: 08/16/2007)
`
`NOTICE OF APPEAL to 9th CCA filed by plaintiffs Reva E Payne and
`Lucretia M Payne. Appeal of Order, 56 Filed On: 8/6/07; Entered On: 8/7/07;
`Filing fee $455, Billed. cc: Reva E. Payne and Lucretia M. Payne; Christopher
`C. Larkin, Seyfarth and Shaw; James D. Weinberger, Fross Zelnick Lehrman
`and Zissu. (ghap) (Entered: 08/28/2007)
`
`
`
`
`
`
`
`
`
`
`
`67 NOTICE OF MOTION to Reopen Case, filed by Plaintiffs Reva E Payne,
`Lucretia M Payne.Motion set for hearing on 9/14/2007 at 01:30 PM before
`Judge Stephen V. Wilson. (bho) Lodged oder for reopening case. Modified on
`9/7/2007 (sm, ). (Entered: 09/05/2007)
`.
`
`
`NOTICE OF MOTION re MOTION to Reopen Case 67 set for 9/24/07 at
`1:30pm filed by Plaintiff Reva E Payne. (sm) (Entered: 09/07/2007)
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit
`Court of Appeals, 62 filed by Reva E Payne and Lucretia M Payne. (ghap)
`(Entered: 08/28/2007)
`
`08/21/2007
`
`62
`
`08/27/2007
`
`08/27/2007
`
`08/28/2007
`
`6.3
`
`Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:
`Appeal to 9th Circuit Court of Appeals, Q . (ghap) (Entered: 08/28/2007)
`
`
`
`08/28/2007
`
`08/29/2007
`
`08/31/2007
`
`64 MINUTES OF IN CHAMBERS ORDER held before Judge Stephen V.
`Wilson : IN CHAMBERS ORDER re motoin fo reopening case for event
`occurring after grant of summary judgment. Plaintiffs motion for reopening
`case is DENIED.(bp) (Entered: 08/30/2007)
`
`
`
`
`
`
`
`
`
`_5
`
`NOTICE OF APPEAL to 9th CCA filed by plaintiffs Reva E Payne, Lucretia
`M Payne. Appeal of Order 42 Filed On: 7/12/07; Entered On: 7/13/07; Filing
`fee $ 455, Billed. cc: Reva E Payne and Lucretia M Payne; Christopher C.
`Larkin; James D. Weinberger. (ghap) (Entered: 09/04/2007)
`
`
`
`
`
`CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit
`Court of Appeals, 66 filed by Reva E Payne, Lucretia M Payne. (ghap)
`(Entered: 09/04/2007)
`
`
`
`
`
`09/04/2007
`
`6 6
`
`09/04/2007
`
`09/07/2007
`
`09/11/2007
`
`__0
`
`
`
`09/1 1/2 007
`
`
`
`Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:
`Appeal to 9th Circuit Court of Appeals, 6_5_ . (ghap) (Entered: 09/04/2007)
`
`
`
`
`NOTIFICATION by Circuit Court of Appellate Docket Number 07-56281 ,
`9TH CCA regarding Appeal to 9th Circuit Court of Appeals, 62 filed by Reva
`
`E Payne, Lucretia M Payne. (lr) (Entered: 09/07/2007) -
`
`
`
`
`
`
`
`
`
`
`
`
`TRANSCRIPT DESIGNATION AND ORDERING FORM Re: Appeal to 9th
`Circuit Court of Appeals, _7_(_) Transcripts: None Requested. (lr) (Entered:
`
`NOTICE OF APPEAL to 9th CCA filed by Plaintiffs Reva E Payne, Lucretia
`M Payne. Appeal of Minutes of In Chambers Order/Directive - no proceeding
`held, 64 , Filed On: 8/29/07; Entered On: 8/30/07; Judgment, 56 , Filed On:
`8/ 15/07; Entered On: 8/16/07; Forms Given: Transcripts Designation Ordering
`Form; Filing fee $ 455. Billed. cc: Reva E. Payne, Lucretia M. Payne;
`Christoher C. Larkin, James D. Weinberger. (lr) (Entered: 09/14/2007)
`
`
`
`
`
`
`
`

`
`
`
`CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit
`Court of Appeals, 7_O filed by Reva E Payne, Lucretia M Payne. Transcripts:
`None Requested. (Ir) (Entered: 09/l 4/2007)
`
`09/14/2007
`
`7_l
`
`
`
`Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals;
`re: Appeal to 9th Circuit Court of Appeals, E (lr) (Entered: 09/14/2007)
`
`7_3_ NOTIFICATION by Circuit Court of Appellate Docket Number 07-56328, 9th
`CCA regarding Appeal to 9th Circuit Court of Appeals, Q filed by Reva E
`Payne, Lucretia M Payne. (dmap) (Entered: 09/20/2007)
`
`
`
`
`
`14 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: NONE
`REQUESTED; Court of Appeals Case Number: 07-56328; Re: Appeal to 9th
`Circuit Court of Appeals, 6_5 (car) (Entered: 10/01/2007)
`
`
`
`ORDER by Judge Stephen V. Wilson that this appeal is‘ not taken in good faith;
`re Appeal to 9th Circuit Court of Appeals Q . (dmap) (Entered: 10/04/2007)
`
`ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 42
`filed by Reva E Payne, Lucretia M Payne, CCA # 07-56010. Order received in
`this district on 10/10/07. The district court has certifed that this appeal is not
`taken in good faith,and so has revoked appellant's in forma pauperis status.
`Appellants shall show cause why the judgment challenged in this appeal should
`not be summarily affirmed. If appellants elect to show cause, a response may be
`filed within 8 days after service of appellants‘ filing. If appellants fails to file a
`response to this order, the Clerk shall dismiss this appeal for failure to
`prosecute. Appellants’ motion for an extension of time to file the opening brief
`is denied as unnecessary. Briefing is suspended pending further order of this
`court. (ghap) (Entered: 10/11/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOTIFICATION by Circuit Court of Appellate Docket Number 07-56464, 9th
`CCA regarding Appeal to 9th Circuit Court of Appeals, _7_Q filed by Reva E
`Payne, Lucretia M Payne. (cbr) (Entered: 10/24/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
` 09/ 1 4/2007)
`
`
`
`
`
`
`09/14/2007
`
`09/20/2007
`
`09/24/2007
`
`10/02/2007
`
`10/05/2007
`
`10/24/2007
`11/02/2007
`
`11/23/2007
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 4]
`filed by Reva E Payne, Lucretia M Payne, CCA # 07-56010. The appeal is
`DISMISSED. On October 5, 2007, this court ordered appellant within 21 days
`to show cause why the judgment challenged in this appeal should not be
`summarily affirrned. Appellant was warned that failure to respond would result
`in the dismissal of this appeal by the Clerk of the Court for failure to prosecute.
`To, date, appellant has not complied iwth the court's order. Accordingly, this
`appeal is dismissed for failure to prosecute. The certified copy of this order sent
`to the distict court shall constitute the mandate. Order received in this district
`on 11/26/07. (Ir) (Entered: 12/11/2007)
`
`TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: None
`requested; Court of Appeals Case Number: 07-56464; Re: 70 (cbr) (Entered:
`1 1/07/2007)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDER by Judge Stephen V. Wilson. This appeal is not taken in good faith, re
`Appeal to 9th Circuit Court of Appeals 10 . (cbr) (Entered: 12/13/2007)
`
`12/05/2007 w
`
`

`
`
`
`
`
`MANDATE of 9th CCA filed re: Appeal to 9th Circuit Court of Appeals 20 ,
`Appeal to 9th Circuit Court of Appeals Q , CCA # 07-56281, 07-56