Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA186484
`ESTTA Tracking number:
`01/14/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91174567
`Plaintiff
`RE/MAX International, Inc.
`Shelly B. Mixon
`Greenberg Traurig LLP
`1200 Seventeenth Street, Suite 2400
`Denver, CO 80202
`UNITED STATES
`strongg@gtlaw.com; mixons@gtlaw.com; comom@gtlaw.com;
`clairt@gtlaw.com; westp@gtlaw.com
`Motion to Suspend for Civil Action
`Gayle L. Strong
`strongg@gtlaw.com
`/Gayle L. Strong/
`01/14/2008
`Unopposed Motion for Extension of Time.pdf ( 3 pages )(61719 bytes )
`Complaint.pdf ( 13 pages )(541166 bytes )
`Order Granting Extension.pdf ( 1 page )(22808 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`Case 3:07—cv—OO53O Doctjmenm
`
`Filed 12/OSIZOO7
`
`Page 1 of3
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`CIVIL ACTION NO.
`3:07-C v—00530
`
`) ) 3 )
`
`)
`
`) ) ) )
`
`RE/FUND REALTY AND MORTGAGE
`
`Plaintiff,
`
`RE/MAX INTERNATIONAL, INC.
`
`Defendant.
`
`UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE
`PLEADING
`
`Defendant, RE/MAX International, Inc. (“RE/MAX” or “Plaintiff ’), hereby moves
`
`for a six-week (42-day) extension of time to file a responsive pleading. As grounds
`
`therefore, RE/MAX states as follows:
`
`1. Defendant was served with the Complaint on November 19, 2007.
`
`2. Defendant’s answer to the Complaint is due on or before December 10, 2007 .
`
`3. Defendant makes this motion for an extension to allow additional time for the
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`parties to discuss settlement and attempt to resolve this matter without the time and
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`expense of further litigation.
`
`4. This extension is sought in good faith and not for the purpose of delay.
`
`Plaintiff will not be prejudiced by this extension of time.
`
`DEN 96,537,660 V1
`
`1
`
`

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`Case 3:07—ov—00530 Document 4
`
`Fiied 12/OSIZOO7
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`Page 2 M3
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`5.
`
`Counsel for Defendant certifies that,
`
`in good faith, has conferred with
`
`Plaintiffs counsel, who has consented to the requested extension. A copy of this
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`Unopposed Motion has also been served on Plaintiff’ s counsel.
`
`WHEREFORE, Defendant respectfully requests this Court grant its request for a
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`six-week (42-day) extension of time to file an answer, move or otherwise respond to the
`
`Complaint, up to and including January 21, 2008.
`
`Respectfully submitted this 5th day of December 2007.
`
`By:
`
`/Anthony F. Matheny/
`
`Anthony F. Matheny
`Texas State Bar No. 24002543
`
`Greenberg Trauri g LLP
`1000 Louisiana Street, Suite 1800
`Houston, Texas 77002
`
`Telephone: (713) 374-3583
`Facsimile: (713) 754-7583
`E-mai l : math env'a./(EL) gtl aw. com
`
`John R. Posthumus
`
`Gayle L. Strong
`Greenberg Trauri g LLP
`1200 Seventeenth Street, Suite 2400
`Denver, Colorado 80202
`
`Telephone: (303) 572-6500
`Facsimile: (303) 572-6540
`
`Attorneys for Defendant
`RE/MAX International, Inc.
`
`DEN 96,537,660 V1
`
`2
`
`

`
`Case 3:07—ov—0053O Document 4
`
`Fiied 12/OSIZOO7
`
`Page 3 of3
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing was served on the following parties either
`electronically through the Court’s ECF system or by First Class Mail on the 5th day of
`December 2007.
`
`Guy E. Matthews
`John Lynd
`Matthews, Lawson, & Bowick, PLLC
`
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
`
`ATTORNEYS FOR PLAINTIFF RE/FUND REALTY & MORTGAGE
`
`/Anthony F. Matheny
`
`Anthony F. Matheny
`
`DEN 96,537,660 V1
`
`3
`
`

`
`Case 3:07—cv—O053O Document 1
`
`Filed 11/O6/200?’
`
`Page 1 of 13
`United States courts
`Southern District of Texas
`man
`
`IN THE UNITED STATES DISTRICT comm‘
`FOR THE SOUTHERN DISTRICT OF TEXAS
`
`NOV 6
`
`2007
`
`GALVESTON DIVISION
`
`mam N. Milby, Clark of court
`
`Civil Action No.
`
`§
`
`§
`
`§ §
`
`§ §
`
`§ §
`
`§
`
`RE/FUND REALTY AND
`MORTGAGE, LLC
`
`Plaintiff,
`
`v.
`
`RE/MAX INTERNATIONAL, INC.
`
`Defendant.
`
`PLAINTIFF’S ORIGINAL COMPLAINT &
`
`REQUEST FOR DECLARATORY JUDGMENT
`
`Plaintiff RE/FUND Realty & Mortgage, LLC (“RE/FUND”), files this its Original
`
`Complaint against Defendant, RE/MAX International, Inc. (“RE/MAX”), and for cause
`
`of action shows as follows:
`
`A. Pages
`
`1.
`
`Plaintiff RE/FUND Realty & Mortgage, LLC (“RE/FUND”)
`
`is a Texas
`
`Corporation with its principal place of business at 5225 Katy Freeway, Suite 240,
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`Houston, Texas 77007.
`
`2.
`
`Defendant, RE/MAX International, Inc. (“RE/MAX”), is a Colorado corporation
`
`which has its principal office at 5075 South Syracuse Street, Denver, Colorado 80237.
`
`3.
`
`RE/MAX is in the business of fianchising real estate brokerage offices and
`
`providing real estate brokerage services. RE/MAX competes directly with RE/FUND in
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`the market for real estate brokerage services in Texas.
`
`,, 71,’.
`
`

`
`Case 3:O7—cv—O053O Document 1
`
`Filed 11/06/2007
`
`Page 2 of 13
`
`4.
`
`RE/MAX can be served through its registered agent, Gary L. Weil, 5075 South
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`Syracuse Street, Denver, Colorado 80237.
`
`B. Ju
`
`ic on
`
`5.
`
`This action arises in part under the U.S. Declaratory Judgment Act, 28 U.S.C.
`
`Section 2201, for the purpose of determining a question of actual controversy as set forth
`
`herein.
`
`6.
`
`This action also arises in part by virtue of the complete diversity of citizenship of
`
`the parties.
`
`The amount
`
`in controversy exceeds Seventy Five Thousand Dollars
`
`($75,000.00)
`
`7.
`
`This Court has jurisdiction of this action under 28 U.S.C. Sections 1331, 1332,
`
`1337(a) and 1338(a) and 15 U.S.C. Sections 4 and 1121.
`
`8.
`
`Venue is proper in the Southern District of Texas. This Court has personal
`
`jurisdiction over RE/MAX in accordance with 28 U.S.C. Section l391(b) and 15 U.S.C.
`
`Sections 15(a) and 22. RE/MAX does business in and/or transacts its affairs in this
`
`district, and/or a substantial part of the events and actions of RE/MAX that give rise to
`
`RE/FUND’s claims for relief occurred in this district and this division.
`
`In particular,
`
`RE/FUND has a place of business at 700 Rollingbrook, Suite C, Baytown, Chambers
`
`County, Texas within this district and division.
`
`C. Facts
`
`9.
`
`RE/FUND brings this claim for declaratory judgment under both Federal Rule of
`
`Civil Procedure 57 and 28 U.S.C. §§ 2201, 2202.
`
`

`
`Case 3:07-ev~OO5f3O Document 1
`
`Fiied 11/06/2007
`
`Page 3 of 13
`
`10.
`
`RE/FUND was incorporated in Texas and commenced doing business as
`
`RE/FUND Realty and Mortgage prior to the actions of RE/MAX complained of here.
`
`Since that time, RB/FUND has been using the name RE/FUND Realty and Mortgage as
`
`its business name and mark, as well as using RE/FUND alone, both with and without a
`
`logo to advertise and promote its real estate brokerage and funding services.
`
`11.
`
`RE/FUND has invested substantial amounts of time and money in marketing,
`
`advertising and selling full service, real estate and funding services under the names
`
`RE/FUND Realty and Mortgage and RE/FUND, and related marks. As a result,
`
`RE/FUND has developed good will among its customers and the public generally.
`
`12.
`
`On June 27, 2005 RE/FUND filed an application for registration of mark
`
`RE/FUND & DESIGN (See Exhibit “A” attached hereto) through U.S. Service Mark
`
`Application Serial no. 76641753. That application was published in the Official Gazette
`
`on October 10, 2006. RE/MAX has filed a Notice of Opposition objecting to RE/FUND
`
`using “RE” separately or with a “/”. That opposition is ongoing.
`
`13.
`
`The word, phrase or abbreviation “RE” is used in thousands of business names
`
`and marks in the U.S. Many of those businesses use “RE” to indicate or describe that
`
`those businesses provide a service that returns something to the customer, and qualifies as
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`a generic word or abbreviation, which can be described as a common word associated
`
`with that particular business. The use of common words or phrases may not be restricted.
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`14.
`
`RE/FUND uses the word “RE” in RE/FUND, as do others in its market, fairly and
`
`in good faith to describe its services. Specifically, that RE/FUND gives something back
`
`to the consumer.
`
`

`
`Case 3:07-cv-00530 Document 1
`
`Filed 11/06/2007
`
`Page 4 of “E3
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`15.
`
`It is commonly understood that the letters “RE,” when used in connection with a
`
`real estate brokerage, mean “real estate” or “realty.”
`
`16.
`
`RE/MAX has asserted that
`
`it owns exclusive rights to use “RE” (when
`
`distinguished from the rest of a mark) in connection with real estate services, and
`
`contends that RE/FUND’s use of “RE/FUND” infringes its rights. RE/MAX has
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`demanded that RE/FUND give up its name and mark, or at the least change the way that
`
`its mark is designed. Although many other businesses use common variations of “RE” in
`
`reference to real estate in their names and marks or as parts of their business names and
`
`marks, Refimd is not aware of any other real estate brokerage business in the United
`
`States that uses the word “Refund.”
`
`17.
`
`On April 10, 2006 RE/FUND filed an application for registration of mark “GET
`
`A HOME, GET A LOAN, GET A RE/FUND” through U.S. Service Mark Application
`
`Serial no. 76658085. That application was published in the Official Gazette on July 3,
`
`2007. RE/MAX has filed a Notice of Opposition objecting to RE/FUND using the “RE”
`
`prefix in combination with a “I”. That opposition is ongoing. The marks RE/MAX and
`
`“GET A HOME, GET A LOAN, GET A RE/FUND” are not confusingly similar.
`
`18.
`
`RE/FUND respects the valid, legal rights of others. After an investigation of the
`
`claims and demands made by RE/MAX, RE/FUND has reached the conclusion that
`
`RE/MAX has no legal right to claim exclusive ownership of “RE”; that RE/MAX has no
`
`legal right to exclude RE/FUND, or others, from using the term “RE”; that RE/MAX has
`
`no legal right
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`to exclude RE/FUND, or others, from using “RE” with a “I”; that
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`RE/FUND is not infiinging any valid legal rights of RE/MAX; and that RE/FUND’s use
`
`

`
`Case 3:O7—cv—OO53G Document 1
`
`Fiied 11/O6/200?
`
`Page 5 of 13
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`of the mark “GET A HOME, GET A LOAN, GET A RE/FUND” does not and would not
`
`infiinge any valid legal rights of RE/MAX.
`
`l9.
`
`RE/MAX has a history of opposing marks of other entities without proper
`
`foundation or cause in order to interfere with the legitimate business activities of those‘
`
`entities.
`
`Through its actions in the Patent and Trademark Office, RE/MAX is
`
`intentionally, willfully, and/or in bad faith endeavoring to coerce RE/FUND into
`
`changing its business name and its marks, and further represents a cynical attempt on the
`
`part of RE/MAX to prevent RE/FUND from legitimately engaging in its business in the
`
`marketplace.
`
`20.
`
`RE/FUND has been granted a state registration on its mark by the Texas Secretary
`
`of State. As a part of the state registration process, the mark undergoes an examination
`
`process similar to the federal trademark registration process,
`
`including whether the
`
`applied for mark is similar to, or creates a likelihood of confusion with other registered
`
`marks. RE/MAX has had a registered mark in Texas since the l970’s. As a result, the
`
`RE/MAX mark would have been reviewed by the Secretary of State in determining
`
`whether there existed a likelihood of confusion between the RE/FUND mark and the
`
`RE/MAX mark. The Texas Secretary of State found that the RE/FUND mark was not
`
`similar to any other marks, and did not create a likelihood of confusion with any other
`
`registered marks. Therefore, RE/FUND’s application for registration of its mark in Texas
`
`was granted.
`
`21.
`
`The judicial declaration requested by these proceedings is sought to immediately
`
`address and curtail RE/MAX’s abuses of process.
`
`It is reasonably anticipated that
`
`RE/MAX will attempt to stay these proceedings pending the outcome of the oppositions
`
`

`
`Case 3:O7—cv—OO53G Document 1
`
`Filed 11/O6/200?
`
`Page 6 of 13
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`presently pending in the Patent and Trademark Office. Such a motion, if made, should be
`
`denied. This Court has the right to make the declaration herein sought notwithstanding
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`the on-going oppositions.
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`D. Declaratory Judggnt
`
`22.
`
`RE/FUND incorporates paragraphs 1 through 21 and states that it has a cause of
`
`action for declaratory judgment that its marks do not infringe on any RE/MAX mark, and
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`do not and would not create any likelihood of confusion; and that the content and design,
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`of RE/FUND’s marks do not and would not infiinge any valid intellectual property right
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`owned or claimed by RE/MAX.
`
`23.
`
`RE/FUND requests a judicial declaration that the design, marketing, sale and use
`
`of its marks do not and would not infringe any valid intellectual property right owned or
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`claimed by RE/MAX.
`
`E. Prayer
`
`24.
`
`WI-IEREFORE, Plaintiff RE/FUND Realty and Mortgage respectfiilly requests
`
`the Court to grant it the following relief:
`
`(a)
`
`A Declaration of Rights,
`
`in accordance with 28 U.S.C. Section 2201,
`
`namely that: (1) The word “RE” is a generic or common descriptive word for real
`
`estate brokerage services; (2) Defendant RE/MAX International, Inc. does not
`
`have exclusive rights in the word “RE”; (3) Defendant RE/MAX International,
`
`Inc. does not have the right to exclude Plaintiff RB/FUND Realty and Mortgage
`
`from using “
`
`” with a “I”; and (4) Plaintiff RE/FUND Realty and Mortgage is
`
`not
`
`infringing any valid intellectual property rights of Defendant RE/MAX
`
`

`
`Case 3:07—cv—00530 Document 1
`
`Filed 11/06/2007
`
`Page 7 of 13
`
`International, Inc. by using the word “RE” in its name and mark “RE/FUND”
`
`separately or with a “l”.
`
`(b)
`
`A Declaration of Rights, in accordance with 28 U.S.C. Section 2201,
`
`namely, that the mark “GET A HOME, GET A LOAN, GET A RE/FUND” does
`
`not infringe on any valid intellectual property rights of the Defendant;
`
`(c)
`
`An Award of Costs, including Attorneys Fees, and pre-and post- judgment
`
`interest, in accordance with 15 U.S.C. Sections 15 and 1117, and other applicable
`
`U.S. and State laws; and
`
`(d)
`
`Such other relief at law and in equity as the Court decides is just and
`
`necessary in the circumstances.
`
` Guy E. Matthews
`
`Texas State Bar No. 3207000
`S.D. Tex. No. 4124
`
`John Lynd
`Texas State Bar No. 24011213
`S.D. Tex. No. 36530
`
`Matthews, Lawson, & Bowick, PLLC
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
`(713) 355-4200 telephone
`(713) 355-9689 facsimile
`ATTORNEYS FOR RE/FUND REALTY
`& MORTGAGE
`
`

`
`Trademark %°§‘e°§i:?i§93{/956§sy§5°m (5%? eni1
`
`Fiied was/2007
`
`F’age8of13 Pag°1°”
`
`
`
`United States Patent and Trademark Office
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`TESS was last updated on Fri Nov2 04:06:15 EDT2007
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`TESS)
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`
`
`word Mark
`
`REIFUND
`
`Goods and
`Senrlees
`
`IC 036. US 100 101 102. G & S: MORTGAGE BROKERAGE SERVICES, AND REAL ESTATE
`ACQUISITION SERVICES, NAMELY ASSISTING HOME auvens WITH FINDING A HOME.
`OBTAINING A MORTGAGE FOR A HOME. FIRST use: 2oo5oao4. FIRST use IN COMMERCE:
`20050304
`
`g;".”"“"'"9 (3) DESIGN PLUS wonos. LETTERS, ANDIOR NUMBERS
`33"?“ s""°" o7.o1.o4 - Detached house
`Serial Number 76641753
`
`Filing Date
`
`June 27, 2005
`
`Current Flllng
`Basis
`
`1A
`
`Orlglnal Flllng 1A
`Basis
`
`3“p';':'|‘;:n'°" October 10, 2006
`Owner
`(APPLICANT) RE/FUND REALTY 8: MORTGAGE CORPORATION TEXAS 5225 KATY FREEWAY
`SUITE 240 HOUSTON TEXAS 77007
`
`323:3’ °'
`Dlsclalmer
`
`WILLIAM E. JOHNSON, JFI.
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE REFUND APART FROM THE MARK
`AS SHOWN
`
`Typo of Mark
`Register
`LIveIDead
`
`SERVICE MARK
`PRINCIPAL
`
`Ex"
`
`'3"
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`5
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`http://tess2.uspto.gov/bin/showfie1d?f=doc&stat¢jsO06c.2. 1
`
`1 1/02/2007
`
` ’ '———-?--.—*— — e
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`

`
`USPTO TT[I§z3‘Qe5T%':0r‘y—1gS£I3}?1§31E§ial E%lc/LII? erfl ?0auHIei3(I'I1iI3I
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`Page 9 of
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`TTABVUE. Trademark Trial and Appeal Board Inquiry System
`
`Summary
`
`Query: Document contains all words: 76641753
`Number of results: 2
`
`Proceeding
`Filing Date
`
`Defendant(s),
`ProperI:y(les)
`
`R A TY
`91174567
`12/11/2006 Mark: RE/FUND S#:7§§41753
`
`RE/FIJNQ REALTY Q MQRTQAQE
`76§4175§
`11/07/2006 Mark: RE/FUND S#:76§41753
`
`Results as ol 11/02/2007 04:03 PM
`
`PIalntiff(s),
`Property(|es)
`
`RE[MAX International, Ing.
`
`REZMAX Lnggrnggiongl, Ing.
`
`$lLQ_I1_l9!I.B
`
`I
`
`.HOME I INDEXI SEARCH I GBUSINESS I CONTACT US I PRIVACY STATEMENT
`
`http://ttabvue.uspto.gov/ttabvue/v?qs=76641753
`
`1 1/02/2007
`
`

`
`Lateststaméiangg 3:07_cv~0o53o Dooumenm
`
`Faaedm/06/2007
`
`Pagem of~:3P“g°1°f3
`
`Thank you for your request. Here are the latest results from the TARR web server.
`
`This page was generated by the TARR system on 2007-11-02 16:04:52 ET
`
`Serial Number: 76641753 Assiggent Information
`
`Trademark Document Retrieval
`
`Registration Number: (NOT AVAILABLE)
`
`Mark
`
` s.
`
`(words only): RE/FUND
`
`Standard Character claim: No
`
`Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.
`
`Date of Status: 2006-12-15
`
`Filing Date: 2005-06-27
`
`Transformed into a National Application: No
`
`Registration Date: (DATE NOT AVAILABLE)
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 111
`
`Attorney Assigned:
`WHITTAKER BROWN TRACY L Employee Location
`
`Current Location: 650 —Publication And Issue Section
`
`Date In Location: 2006-08-31
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. RE/FUND REALTY & MORTGAGE
`
`Address:
`RE/FUND REALTY & MORTGAGE
`5225 KATY FREEWAY SUITE 240
`
`http://tarr.uspto.gov/servlet/tarr?regser=seria1&entry=76641753
`
`1 1/02/2007
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` —~———- A
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`

`
`La‘°S‘S‘a‘“&§%af§ 3:0?’-cv-00530 Document 1
`
`Fiied was/2007
`
`Page 11 of 13 Page 2 °f3
`
`HOUSTON, TX 77007
`United States
`
`Legal Entity Type: Corporation
`State or Country of Incorporation: Texas
`
`GOODS AND/OR SERVICES
`
`International Class: 036
`Class Status: Active
`
`MORTGAGE BROKERAGE SERVICES, AND REAL ESTATE ACQUISITION SERVICES,
`NAMELY ASSISTING HOME BUYERS WITH FINDING A HOME, OBTAINING A MORTGAGE
`FOR A HOME
`
`Basis: 1(a)
`First Use Date: 2005-03-04
`First Use in Commerce Date: 2005-03-04
`
`ADDITIONAL INFORMATION
`
`Disclaimer: REFUND
`
`Design Search Code(s):
`07.01.04 - Detached house
`
`MADRID PROTOCOL ‘INFORMATION
`
`(NOT AVAILABLE)
`
`PROSECUTION HISTORY
`
`2006-12-15 - Opposition instituted for Proceeding
`
`2006-11-07 - Extension Of Time To Oppose Received
`
`2006-10-10 - Published for opposition
`
`2006-09-20 - Notice of publication
`
`2006-08-18 - Law Office Publication Review Completed
`
`2006-08-18 - Assigned To LIE
`
`2006-08-08 - Approved for Pub - Principal Register (Initial exam)
`
`2006-08-04 - Amendment From Applicant Entered
`
`2006-07-19 - Communication received from applicant
`
`2006-07-19 - FAX RECEIVED
`
`http:l/tarr.uspto.gov/servlet/tarr?regser=serial&entry=76641753
`
`1 1/02/2007
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`”" —
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`

`
`Late“ S‘a‘“%Ia‘m‘§% 3:0?-cv-00530 Document 1
`
`Fiied 11/03/2007
`
`Page 12 of 13 Pag° 3 °f3
`
`2006-01-19 — Non-final action mailed
`
`2006-01-18 - Non-Final Action Written
`
`2006-01-18 — Assigned To Examiner
`
`2005-07-08 - New Application Entered In Tram
`
`ATTORNEYICORRESPONDENT INFORMATION
`
`Attorney of Record
`WILLIAM E. JOHNSON, JR.
`
`Correspondent
`William E. Johnson, Jr.
`Matthews, Lawson, Bowick & Al-Azem, PLLC
`2000 Bering Drive Suite 700
`Houston, TX 77057
`Phone Number: 713-355-4200
`Fax Number: 713-355-9689
`
`http://tarnuspto.gov/servlet/tart?regser=serial&entry=76641753
`
`1
`,
`J
`
`m —
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`1 1/02/2007
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`

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`Case 3:O7—cv—0G530 Document 1
`Filed 11/0%/200?’
`CIVIL COVER SHEET
`NS 44 <R=v.I1/04)
`'l1Ie JS 44 civil coversheet and the informationcontnineclhereinneither re lace norsugplement the filingand seryice ofpleadi
`by local rules ofcourt This form, approved by the Judicial Conference 0 the United tates In September 1974, 15 required for
`the civil docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`
`Page 13 of 13
`um”
`V
`e Clerk of
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`or other
`use of
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`mm
`prpyicied
`purpose 0 Initiating
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`r
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`PLAINTIFFS
`1. (a)
`Re/Fund Realty and Mortgage
`
`I
`(b) County of Residence ofFirst Listed Plaintiff Hams Conny, Texas
`(EXCEPT IN U.s. PLAINTIFF CASES)
`
`DEFENDANTS
`Re/Max International, Inc.
`
`‘I V “
`
`2007
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`Michal N. Milbvi Clark of Court
`County ofResidence orFirst Listed Defendant
`Denver Conn . Colorado
`(IN u.s. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`(c) Attomey’s (Firm Nune, Adam, and Telephone Numba)
`Guy E. Matthews and John Lynd of Matthews, Lawson & Bowick, PLLC,
`2000 Bering Dr., Suite 700, Houston, Texas 77057, Phone: 713-355-4200
`II. BASIS OF JURISDICTION (Place an “X” in one Box0nly)
`III. CITIZENSHIP OF PRINCIPAL PARTIES(Plnoe nn“X" inOne Box for Plnintin‘
`(For DivenityCases Only)
`and One Box fior Defendant)
`P117
`DEF
`Irioorpunted orPrincipal Place M D 4
`Citizen of'I'his State
`ofBusiness In Ihis State
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`D l
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`U.S. Government
`Plaintiff
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`$1’-‘edenl
`(U.S. Government Not 3 Party)
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`DEF
`U 1
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`1
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`Attomeys (If Known)
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`0 2
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`us. Government
`Defendant
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`fi(Diversity
`(Indicate Citimuhip oI'PnI-ties in Item Ill)
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`Citizen ofAnodIa' state
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`0 2 K2 Ineorpclnledu'ndPIincipal Place
`ofBusiness In Anmher State
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`Cl
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`5 .%
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`Citinenorsuhjectofn
`[L
`
`U3
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`El
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`3
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`I-'oreignNm'on
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`CI 6
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`D 6
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`
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`-‘.4
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`Cl 422Appeal2B usc Iss
`D 423 Withdrawal
`28 USC 157
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`
`
`PERSONAL INJURY
`PERSONAL INJURY
`U 110 Insurance
`U
`6l0Agn¢7I.II
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`D 410 Anfimlsi
`D 120Marine
`D 6200tl-IerFood&Drug
`D 362PenoII1|Injury-
`D 3IOAilpI|I1e
`D 430Ban|uIndBInkIng
`D l30MiIIerAct
`D 625DrugReIntedSeizure
`D 315A'xpInneProduct
`Med.MIlpnctice
`D 450 Comncrce
`CI 140 Negotiable Instrument
`ofProperty 21 USC 381
`Liability
`D 365 Pei-Ionnl Injury -
`‘~ CI 460 Deporulion
`CI 150 Keoovuy ofoverpuyment
`U 630 Liquor Law:
`CI 320 Aumlt, Libel &.
`Product Linbility
`D 470 Rnckueer Influenced and
`& Enforcement ofJudgrnenl
`0 640 RR. & Truck
`Slander
`D 368 Asbestos Personal
`Comnpt
`CI 151 Medicare Act
`U 650 Airline Regs.
`0 330 Federal Employers’
`Injury Product
`D 430 Consumer Credit
`Cl 152 Recovery ofDei'nulted
`D 650 Occupational
`Liability
`Linbility
`D 490 Cable/Sat TV
`Student Loin:
`Safety/Health
`D 340 Muine
`PERSONAL PROPERTY
`CI 8l0 Selective Service
`(Excl. Veteran)
`CI 345 Murine Product
`0 370 Other Fund
`D 690 Othu
`U 850 Secmifiu/Commodificv
`0 I53 Recovery ofOVeI'plyn1ant
`Liability
`D 371 Tnltll in
`Pl‘? v :93‘, 1~‘.':".‘.'§t§
`5 ivféi
`'-
`V.
`
`Exchange
`ofVeterIn's Benefits
`D 350 Motor Vehicle
`0 380 OIIJGIPOIIOHAI
`I 710 Fniruborstmdnds
`i 36] HIA (13955)
`D 875 Customer Challenge
`0 160 Stockholders‘ Suits
`CI 355 Motor Vehicle
`Property Damage
`Act
`D 862 Black Lung (923)
`I2 USC 3410
`0 I90 Othfi Cmmlct
`U 335 Pmpeny Dnnage
`D 720 Lnbw/Mym. Rciltiolu U 363 DIWC/DIWW (405(3))
`
`:90 Other Statutory Actions
`CI
`CI 730 Labor/Mynt.Reporting
`CI 354 SSID Title XVI
`0 195 Contract Product Liability
`
`Cl 891 Agriculture] Acts
`&DI5cI0lI.II'B Act
`D as
`CI 196!-'
`'
`
`
`740 Railway Labor Act
`‘K
`W H U 892 Economic Slabilintion Act
`'
`'
`"‘
`
`
`790 OtIIerLabor Lifignfion
`i 370 Tue: (U.S. Plnintifi‘
`D 893 Environmental Matters
`
`U 791 Ernpl. Ret. Inc.
`or Defendnnt)
`U 894 Energy Allocntion Act
`CI 871 IRS——ThIId Party
`Sewrity Ant
`0 895 Fmdom of Iriformnlion
`
`26 USC 7609
`Act
`0 900Appeal ofFee Determination
`
`445 Amer. w/Disabilities —
`Under Equal Access
`
`Employment
`U 550 Civil Rights
`on Justice
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`4-46 Amer. w/Disabilities - CI 555 Prison Condition
`0 950 Comtitmionulity of
`Other
`State Statutes
`
`440 Other Civil Rights
`
`
`
`
`CI 220 Foreclosure
`0 230 R:-nt Lease &
`D 240 Torts to Land
`0 245 Tort Product Liability
`D 290 All Other Real Property
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`
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`V. RIGIN
`Original
`inn :'.I.:
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`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
`COMPLAINT:
`
`(I>Im.n“x"i.ioii¢3ox Only)
`'3 4 Reinstated or D 5 :notIIeIl:I?:mf':(txn D 5 Multidistrict D 7
`5 2 Removed from
`'3 3 Remanded from
`La-I-. I.-I-,
`--in ‘
`‘ -u_-.- I
`2 .-
`I
`' u-..=:,L
`Qfifiot cite jurisdictional statutes unless diversity):
`qk
`-
`-
`-
`.
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`I CHECK IF ms is A cuss ACTION
`DEMAND 3
`CHECK YES only if4°“‘“‘‘‘°‘ ‘“ °°mI>1aint:
`UNDER F-R~C~P~ 23
`JURY DEMAND:
`D Yes
`0
`
`toDistrict
`A
`iiagggft?
`I _- ‘S t
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`VIII. RELATED CASE(S)
`IF ANY
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`_
`_
`S“ _
`““““°“°“"'
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`‘
`
`DATE
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`JUDGE
`SIGNATURE OF ATTORNEY OF RECO
`
`DOCKET NUMBER
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`(I/O1/07
`
`RECEIPT fl
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`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. IUDGE
`
`
`
`

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`Case 3:07—ev-00530 Document 8
`
`Filed 12/06/2007
`
`Page 1 oil
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`CIVIL ACTION NO.
`3:o7—c v—o053o
`
`) ) 3 )
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`)
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`) ) ) )
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`RE/FUND REALTY AND MORTGAGE
`
`Plaintiff,
`
`RE/MAX INTERNATIONAL, INC.
`
`Defendant.
`
`_ ORDER
`Defendant RE/MAX International, Inc. (“Defendant”) having filed its Unopposed Motion
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`for Extension of Time to File a Responsive Pleading to Plaintiff’ s Complaint, and the Court,
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`having considered the same, hereby finds that the Motion should be GRANTED.
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`IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant shall
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`have an extension of time up to and including January 21, 2008 in which to file a responsive
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`pleading to Plaintiff’ s Complaint.
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`SIGNEDAND ENTERED this
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`QL
`day of g ,2007.
`éamJ»~
`
`yt
`Honorable Kenneth M.
`United States District Court Judge