Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA568406
`ESTTA Tracking number:
`10/31/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91210158
`Plaintiff
`Larry Pitt & Associates, P.C.
`JACQUELINE M LESSER
`WOODCOCK WASHBURN LLP
`2929 ARCH STREET CIRA CENTRE, 12TH FLOOR
`PHILADELPHIA, PA 19104-2891
`UNITED STATES
`trademarks@woodcock.com, jlesser@woodcock.com, jdale@woodcock.com
`Other Motions/Papers
`Jacqueline M. Lesser
`trademarks@woodcock.com, jlesser@woodcock.com, jdale@woodcock.com
`/Jacqueline M. Lesser/
`10/31/2013
`Declaration of Jacqueline Lesser with Exhibits A-E.PDF(5555509 bytes )
`Declaration of Jacqueline Lesser with Exhibit B1a.PDF(3515469 bytes )
`Declaration of Jacqueline Lesser with Exhibit B1b.PDF(4265702 bytes )
`Declaration of Jacqueline Lesser with Exhibit B2.PDF(1836236 bytes )
`Declaration of Jacqueline Lesser with Exhibit B3.PDF(3371439 bytes )
`Declaration of Jacqueline Lesser with Exhibits C(000421-10-31-2013 5-00-56
`PM).PDF(2119177 bytes )
`Declaration of Jacqueline Lesser with Exhibits D (000421-10-31-2013 5-00-56
`PM).PDF(2660132 bytes )
`Declaration of Jacqueline Lesser with Exhibit E(000421-10-31-2013 5-00-56
`PM).PDF(2372917 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`LARRY PITT & ASSOCIATES, P.C.
`
`Opposition No 91210158
`
`Opposer,
`
`0
`
`LUNDY LAW, LLP
`
`Applicant
`
`DECLARATION OF JACQUELINE LESSER IN SUPPORT OF
`MOTION UNDER FED. R.CIV.P. 56(D)
`
`I, Jacqueline Lesser, hereby declare as follows:
`
`1. I am an attorney associated with the firm of Woodcock Washburn LLP, attorneys
`
`for Larry Pitt & Associates, PC ("Larry Pitt" or "Opposer") in the above
`
`referenced Opposition proceeding. I submit this declaration and attached exhibits
`
`in support of Larry Pitt & Associates' motion under Fed. R. Civ. P. 56(d). I make
`
`the following statements based on personal knowledge.
`
`2. Attached hereto as Exhibits A and B are true and correct copies of the Complaint
`
`and Motion for a Preliminary Injunction filed by Applicant, Lundy Law LLP
`
`("Lundy Law") to enjoin Opposer's use of the phrase REMEMBER THIS
`
`NUMBER in Lundy Law LLP v. Larry Pitt & Associates, Civil Action No. 2:13-
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`cv-01161-CDJ. This Complaint was voluntarily dismissed by Lundy Law without
`
`consent and without prejudice to its re-filing.
`
`

`
`3. Attached hereto as Exhibit C is a true and correct copy of Applicant's responses
`
`to Opposer's First Request for Production of Documents.
`
`4. Attached hereto as Exhibit D is a true and correct copy of Applicant's responses
`
`to Opposer's First Set of Interrogatories. The responses identify — for the first
`
`time -- potential deposition witnesses and third parties with knowledge.
`
`5. Attached hereto as Exhibit E is a true and correct copy of Applicant's responses to
`
`Opposer's First Request for Admissions.
`
`6. Opposer is unable to respond to Applicant's Motion for Summary Judgment
`
`without the following discovery:
`
`a. Discovery by way of deposition of Leonard Lundy, Frank Bass, Tami
`
`Sortman and Kelly Carson of Lundy Law, and Mike Bozelle of Boseken
`
`Advertising regarding the selection and creation of the phrase
`
`REMEMBER THIS NAME, of client association of REMEMBER THIS
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`NAME with Applicant, and with financial information relating to
`
`REMEMBER THIS NAME. Mr. Lundy, Ms. Sortman and Ms. Carson
`
`were identified by Applicant in its response to Opposer's Interrogatory
`
`No. 1. Discovery by deposition of Jon Roche and Sara Lundy of Titan
`
`Advertising regarding slogans in outdoor advertising, and billboards of
`
`Lundy Law.
`
`b. Third party discovery from advertising and marketing companies
`
`identified in Applicant's response to Opposer's Interrogatory No. 2:
`
`i. Whitehard Advertising
`
`ii. Boseken Advertising
`
`

`
`iii. Ningio
`
`iv. CJ Advertising
`
`v. Titan Advertising
`
`vi. Gateway Advertising
`
`7. Opposer is entitled to document discovery and complete responses on the
`
`following subjects to respond to Applicant's summary judgment motion:
`
`a. Lundy Law's awareness of third party use of the term "remember" in
`
`advertising, requested by Opposer in Interrogatory No. 16.
`
`b. Information related to Applicant's marketing of its services requested by
`
`Opposer in Interrogatory No. 2.
`
`c. Discovery on the purpose of marketing services through billboards, public
`
`transportation placement, public arenas and via television (i.e., each of the
`
`media through which Applicant states that it has advertised) for which
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`Lundy Law has objected on grounds of relevancy, and on grounds that any
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`discovery on the purpose of public marketing information would be
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`confidential information and would not be released without a protective
`
`order (Interrogatory No. 17). ' The parties have agreed that no protective
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`order will issue in this Opposition.
`
`1 The parties have agreed to proceed forward without a protective order in this case — however
`information marketing and its purpose — i.e., discovery on publicly released, purported
`promotional materials could not be confidential, and there has been no explanation from
`Applicant as to why this information could be considered proprietary at all. Similarly no
`financial information related should be deemed confidential since Lundy Law has already made
`this information public in earlier filings before the PTO. Therefore, no protective order is
`required to respond to these requests.
`
`3
`
`

`
`d. Documents regarding Lundy Law's first use and comments on the first
`
`use of REMEMBER THIS NAME as requested in Document Request No.
`
`8.
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`e. Communications to or from it and advertising agencies, promotional
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`agencies, billboard companies, and television production companies
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`regarding the placement of advertising, including drafts, comments,
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`changes or revisions to any advertising on grounds of burden — and has
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`agreed to production of responsive documents that it considers relevant, as
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`requested by Document Request No. 11. No documents have been
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`produced.
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`f. Documents regarding or concerning the creation of the phrase
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`REMEMBER THIS NAME, and all tests, mock ups, drafts or revisions for
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`any advertising or promotional materials, as requested by Document
`
`Requests 3, 11 and 13. No documents have been produced.
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`g. Documents showing each type of media in which Lundy Law has
`
`advertised its services, as requested by Document Request No. 14. Lundy
`
`Law has objected on grounds of relevancy, burden, and privilege.
`
`Opposer is entitled to this information prior to responding to Lundy Law's
`
`summary judgment motion.
`
`h. Documents which show the identity of Lundy Law's first customer or
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`client associated with the phrase REMEMBER THIS NAME on grounds
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`of burden, and attorney client privilege. Lundy Law has refused
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`production despite the fact that the name of the first customer is generally
`
`4
`
`

`
`available through discovery, and this information is directed to the
`
`genericness and descriptiveness claims. Lundy Law has agreed to produce
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`representative documents that refer to, relate to or comment on the first
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`use in commerce of the phrase, however to date no such documents have
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`been produced (Document Requests Nos. 15 and 8, respectively).
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`i. All documents that support Applicant's contentions that REMEMBER
`
`THIS NAME is not merely descriptive (Document Request No. 18) and
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`that the phrase has acquired distinctiveness in the minds of consumers.
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`(Document Request No. 19). Lundy Law has refused to produce
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`responsive documents on grounds of relevancy — but has stated that it will
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`produce documents that it has deemed relevant. No documents have been
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`produced thus far.
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`8. Opposer requires production of the identified categories of documents and
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`discovery of the identified persons and third parties in order to respond to
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`Applicant's summary judgment motion.
`
`I declare under penalty of perjury that the foregoing statements are true and correct.
`Executed on this 31 St day of October.
`
`Jacqueline M. Lesser, Esq.
`Woodcock Washburn LLP
`Cira Centre, 12th Floor
`2929 Arch Street
`
`

`
`Philadelphia, PA 19104-2891
`Tel: 215-568-3100
`Fax: 215-568-3439
`
`Attorneys for Opposer, Larry Pitt & Associates
`
`Z
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 31 day of October, 2013, I caused a true and correct copy of
`
`the foregoing DECLARATION OF JACQUELINE LESSER IN SUPPORT OF MOTION
`
`UNDER FED.R.CIV.P. 56(D) to be served by first class mail to counsel for Applicant, Lundy
`
`Law at:
`
`Manny D. Pokotilow
`Caesar Rivise, Bernstein, Cohen & Pokotilow Ltd.
`1635 Market Street
`11 th Floor— Seven Penn Center
`Philadelphia, PA 19103-2212
`mpokotilow@crbcp.com
`
`/s/ Jacqueline M. Lesser
`Jacqueline M. Lesser
`
`

`
`EXHIBIT A TO JACQUELINE LESSER'S DECLARATION
`EXHIBIT A TO JACQUELINE LESSEIPS DECLARATION
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 1 of 18
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`LUNDY LAW, LLP,
`
`Plaintiff,
`
`vs.
`
`LARRY PITT & ASSOCIATES
`
`Defendant.
`
`Civil No.
`
`JURY TRIAL DEMANDED
`
`VERIFIED COMPLAINT
`
`Plaintiff, Lundy Law, LLP, by and through its attorneys, and as for its Complaint, avers
`
`as follows:
`
`JURISDICTION
`
`1.
`
`This civil action asserts claims for trademark infringement, false designation of
`
`origin, and unfair competition arising under the Lanham Act, as amended, 15 U.S.C. §§ 1051 et
`
`SeMc . and the statutory and common laws of the Commonwealth of Pennsylvania. The amount in
`
`controversy exclusive of interest and costs exceeds the sum or value of $75,000.
`
`2.
`
`This Court has jurisdiction over the claims Plaintiff is asserting under the Federal
`
`Trademark Act, 15 U.S.C. § 1121, and the Judicial Code, 28 U.S.C. §§ 1331, 1338(a) and (b),
`
`and 1367(a).
`
`3.
`
`Plaintiff, Lundy Law, LLP ("Lundy Law"), is a Pennsylvania limited liability
`
`partnership having a principal place of business at 1635 Market Street, 19 th Floor, Philadelphia,
`
`Pennsylvania 19103.
`
`4.
`
`On information and belief, Defendant, Larry Pitt & Associates ("Pitt"), is a
`
`Pennsylvania limited liability partnership having its principal place of business at 1918 Pine
`
`Street, Philadelphia, Pennsylvania 19103.
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 2 of 18
`
`COUNT I — TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
`
`5.
`
`As a cause of action and ground for relief, Lundy Law alleges trademark
`
`infringement by Pitt and alleges that Pitt has engaged in acts in violation of under § 43(a) of the
`
`Lanham Act, 15 U.S.C. § 1125(a), and at common law, and incorporates ¶¶ (1) through (4) of
`
`the Complaint as part of this count.
`
`6.
`
`Since at least as early as May 16, 2011, long prior to the acts complained of
`
`herein, Lundy Law has used the mark REMEMBER THIS NAME in connection with legal
`
`services in interstate commerce.
`
`7.
`
`Lundy's services provided and sold under the mark REMEMBER THIS NAME,
`
`which are recognized in this Commonwealth and in the United States to be of the highest quality,
`
`are offered for sale and sold in interstate commerce.
`
`8.
`
`From at least as early as May 16, 2011 to the present, Lundy's advertising and
`
`sales of services under the mark REMEMBER THIS NAME have been and are significant.
`
`9.
`
`From at least as early as May 16, 2011 to the present, Lundy Law has engaged in
`
`substantially exclusive use of the mark REMEMBER THIS NAME for legal services and in
`
`particular personal injury legal services, identical to those now advertised for and offered by
`
`Defendant Pitt.
`
`10. Notwithstanding Lundy Law's prior exclusive rights in the mark REMEMBER
`
`THIS NAME, Defendant Pitt, with actual notice of the mark REMEMBER THIS NAME, has
`
`adopted and used the mark REMEMBER THIS NUMBER in this judicial district and in
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`interstate commerce, in connection with services customary in the legal services industry, and
`
`specifically the identical area of personal injury legal services advertised for and offered by
`
`1
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 3 of 18
`
`Plaintiff Lundy Law.
`
`11. On or about January 24, 2013, Plaintiff, Lundy Law became aware of Defendant's
`
`use of the mark REMEMBER THIS NUMBER in the exact same media used by Lundy Law.
`
`Lundy Law's use of REMEMBER THIS NAME is for example used on the outside and inside of
`
`transit buses, as shown on the attached Exhibit A, while Pitt's use of REMEMBER THIS
`
`NUMBER was designed to be used on the exact same size and style posters, such as Exhibit B,
`
`on the same location on the inside of some of the same buses.
`
`12. By letter dated January 25, 2013, Plaintiff Lundy Law, through its legal counsel,
`
`demanded that Defendant Pitt immediately cease and permanently desist from all use of the
`
`name and mark REMEMBER THIS NUMBER in connection with legal services. Despite the
`
`foregoing, Pitt continues to use the name and mark REMEMBER THIS NUMBER.
`
`13. Defendant Pitt is not associated, affiliated or connected with or authorized,
`
`endorsed or sanctioned by Plaintiff Lundy Law. In fact, Defendant Pitt is in direct competition
`
`with Plaintiff Lundy Law in the same geographic area for the same legal services.
`
`14.
`
`Pitt's use of REMEMBER THIS NUMBER in the manner hereinabove alleged
`
`was and is without the consent or authority of Lundy Law.
`
`15.
`
`Pitt's use of REMEMBER THIS NUMBER, in the manner hereinabove alleged,
`
`has likely caused the public to believe, contrary to fact, that Pitt's business activities and services
`
`offered under the name and mark REMEMBER THIS NUMBER are sponsored, licensed and/or
`
`otherwise approved by, or in some way connected or affiliated with Lundy Law.
`
`16.
`
`Pitt's unauthorized use of the name and mark REMEMBER THIS NUMBER, as
`
`set forth above, is likely to damage and materially diminish the value of the mark REMEMBER
`
`THIS NAME and result in Defendant Pitt unfairly benefiting and profiting from the reputation
`
`3
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 4 of 18
`
`and goodwill that is represented by the mark REMEMBER THIS NAME.
`
`17.
`
`Pitt's use of REMEMBER THIS NUMBER in the manner hereinabove alleged
`
`constitutes trademark infringement under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), and at
`
`common law.
`
`18. On information and belief, Pitt had actual knowledge of Lundy Law's prior use of
`
`the mark REMEMBER THIS NAME when Pitt began using the name and mark REMEMBER
`
`THIS NUMBER in connection with Pitt's legal services. On further information and belief, Pitt
`
`has long known of the fact that the public associates the mark REMEMBER THIS NAME with
`
`the services of Lundy Law, and Pitt has sought to capitalize on the goodwill engendered by the
`
`mark REMEMBER THIS NAME by intentionally adopting the name and mark REMEMBER
`
`THIS NUMBER.
`
`19. Upon information and belief, Pitt has performed the aforementioned acts
`
`willfully, deliberately, with the knowledge of the infringement they would cause, to appropriate
`
`and unfairly trade upon the goodwill in the REMEMBER THIS NAME mark, and with entire
`
`want of care as would raise the presumption of conscious indifference to their consequences.
`
`20.
`
`By reason of Pitt's acts alleged herein, Lundy Law has and will suffer damage to
`
`its business, reputation, and goodwill, and Pitt will enjoy profits to which it is otherwise not
`
`entitled, for which Lundy Law is entitled to relief at law.
`
`21. Unless enjoined by this Court, Pitt will continue to infringe the mark
`
`REMEMBER THIS NAME, thereby deceiving the public and causing Lundy Law immediate
`
`and irreparable injury. It would be difficult to ascertain the amount of compensation that could
`
`afford Lundy Law adequate relief for such continuing acts, and a multiplicity of judicial
`
`proceedings would be required. Lundy Law's remedy at law is not adequate to compensate it for
`
`4
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 5 of 18
`
`injuries threatened.
`
`COUNT II — FALSE DESIGNATION OF ORIGIN
`
`22. As a cause of action and ground for relief, Plaintiff Lundy Law alleges that
`
`Defendant Pitt has engaged in acts in violation of § 43(a) of the Lanham Act, 15 U.S.C. §
`
`1125(a), and incorporates by reference ¶¶ (1) through (21) inclusive of the Complaint as part of
`
`this count.
`
`23. Defendant Pitt's use of mark REMEMBER THIS NUMBER in the manner
`
`hereinabove alleged constitutes a false designation of origin within the meaning of § 43(a) of the
`
`Lanham Act, 15 U.S.C. § 1125(a), which is likely to cause confusion, mistake or deception as to
`
`the source, origin, authorization, sponsorship and/or approval of Defendant Pitt's commercial
`
`activities with respect to the mark REMEMBER THIS NAME.
`
`24.
`
`The nature and probable tendency and effect of Pitt's use of the name and mark
`
`REMEMBER THIS NUMBER in the manner hereinabove alleged is to enable Pitt to confuse or
`
`deceive the public by misrepresenting the service offered for sale and rendered under said name
`
`and mark as sponsored, licensed and/or approved by, or in some way connected or affiliated with
`
`REMEMBER THIS NAME. Such conduct constitutes a false designation of origin in violation
`
`of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
`
`25. Upon information and belief, Defendant Pitt's actions have been conducted
`
`intentionally and willfully, with the express intent to cause confusion and mistake, to deceive and
`
`mislead the purchasing public, to trade upon the high quality reputation of Lundy Law and to
`
`improperly appropriate to itself the valuable trademark rights of Lundy.
`
`COUNT III — UNFAIR COMPETITION
`
`26. As a cause of action and ground for relief, Plaintiff Lundy Law alleges that
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 6 of 18
`
`Defendant Pitt has engaged in acts of unfair competition at common law, and incorporates by
`
`reference % (1) through (25) inclusive of the Complaint as part of this count.
`
`27. By virtue of Defendant Pitt's acts hereinabove pleaded, Pitt has engaged in
`
`conduct which is contrary to honest industrial and commercial practice, and thus, has engaged in
`
`unfair competition, in violation of the common law of the Commonwealth of Pennsylvania.
`
`28. Defendant Pitt's acts hereinabove pleaded, are calculated to procuring an unfair
`
`competitive advantage by misappropriating the valuable goodwill developed by Plaintiff Lundy
`
`Law at substantial effort and expense represented by the distinctiveness of the mark
`
`REMEMBER THIS NAME.
`
`29.
`
`Pitt has engaged in the aforementioned acts willfully and deliberately and with
`
`full knowledge of the mark REMEMBER THIS NAME and Lundy Law's rights therein.
`
`30.
`
`Pitt will continue to compete unfairly unless restrained by this Court. As a result
`
`of Pitt's unfair competition, Lundy Law will be unable to control the loss of the distinctive
`
`quality and reputation represented by the mark REMEMBER THIS NAME and will sustain still
`
`further damages in an amount difficult to ascertain.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Alliance respectfully prays that:
`
`1. (cid:9)
`
`The Court enter judgment that:
`
`a.
`
`b.
`
`c.
`
`Defendant has infringed the mark REMEMBER THIS NAME under §
`
`43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and at common law;
`
`Defendant has committed unfair competition of § 43(a) of the Lanham
`
`Act, 15 U.S.C. § 1125(a); and
`
`Defendant has engaged in unfair competition at common law.
`
`0
`
`

`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 7 of 18
`
`2. (cid:9)
`
`Defendant and each of its/his agents, employees, servants, attorneys, successors
`
`and assigns, and all others in privity or acting in concert therewith, be preliminarily and
`
`permanently enjoined from:
`
`a.
`
`Using the mark REMEMBER THIS NUMBER and/or any other
`
`confusingly similar designation, alone or in combination with other words,
`
`phrases, symbols or designs, as a service mark, trademark, trade name,
`
`domain name component, or otherwise to market, advertise or identify
`
`b.
`
`c.
`
`Defendant's commercial activities or services;
`
`Otherwise infringing the mark REMEMBER THIS NAME;
`
`Unfairly competing with Plaintiff in any manner whatsoever, or otherwise
`
`injuring its business reputation in the manner complained of herein; and
`
`d.
`
`Engaging in assignments or transfers, formation of new entities or
`
`associations or utilization of any other device for the purpose of
`
`circumventing or otherwise avoiding the prohibitions set forth in sub-
`
`paragraphs (a) through (c) above.
`
`3. (cid:9)
`
`The Court order that all labels, signs, prints, packages, wrappers, receptacles, and
`
`advertisements in the possession of Defendant, bearing the mark REMEMBER THIS NUMBER,
`
`or any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates, molds,
`
`matrices, and other means of making the same, be delivered up and destroyed.
`
`4. (cid:9)
`
`Defendant be ordered to notify in writing and direct to the relevant federal or state
`
`Departments of Transportation and to its advertisers and all publishers of directories, registries or
`
`lists in which the Defendant's use of the name and mark REMEMBER THIS NUMBER
`
`appears, to delete all references to said names and marks from their files, databases and
`
`7
`
`

`
`case 2:13 -cv-01161-JHS Document 1 Filed 03/04/13 Page 8 of 18
`
`directories.
`
`5.
`
`Defendant be required, within thirty (30) days after service of judgment, to file
`
`with this Court and serve upon Plaintiff's counsel, a written report, under oath, setting forth in
`
`detail the manner in which Defendant has complied with the Judgment.
`
`6.
`
`Defendant be directed to pay to Plaintiff compensatory damages in an amount to
`
`be determined at trial for the injuries sustained by Plaintiff in consequence of the acts
`
`complained of herein and that such damages be trebled because of the willful acts described
`
`herein.
`
`7.
`
`Defendant be required to account for and pay to Plaintiff all profits realized by
`
`Defendant as the result of the acts complained of herein.
`
`8.
`
`Defendant be required to pay to Plaintiff both the costs of this action and the
`
`reasonable attorneys' fees incurred by Plaintiff.
`
`9.
`
`10.
`
`Defendant be required to pay pre- and post judgment interest according to law.
`
`The Court award any punitive and exemplary damages against Defendant and in
`
`favor of Plaintiff.
`
`11.
`
`Plaintiff be granted such other, different and additional relief as this Court deems
`
`equitable and proper.
`
`Dated: March 4, 2013 (cid:9)
`
`Respectfully submitted,
`
`CAESAR, RI VISE, BERNSTEIN,
`COHEN POKOTIL ',LTD.
`
`By (cid:9)
`
`,
`
`1635ket Street
`12th 1loor - Seven Penn Center
`Philadelphia, PA 19103-2212
`Attorneys for Plaintiff Lundy Law, LLP
`
`8
`
`

`
`
`
`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 9 of 18
`Case 2:13-cv-01161-JHS Document 1 Filed O3l04!13 Page 9 of 18
`
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`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 13 of 18
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`REMEMBER THIS NAME
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`
`w*ww.LundyLaw.com”
`
`

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`
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`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 14 of 18
`Case 2:13-cv-01161-JHS Document 1 Filed 03104113 Page 14 of 18
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`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 16 of 18
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`Injured at work
`Injured in an accident?
`
`- Workers Compensation Law
`
`- Personal Injury Law
`0 Social Security Disability
`
`Call 1-888-PITT-LAW
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`Case 2:13-cv-01161-JHS Document 1 Filed 03/04/13 Page 18 of 18
`
`I, L. LEONARD LUNDY, declare as follows:
`
`VERIFICATION
`
`I am Managing Partner of Lundy Law, LLP, Plaintiff herein. I have read the foregoing
`
`Verified Complaint and know the contents thereof and the same are true of my own knowledge
`
`except as to such matters herein stated to be on information and belief, and as to these matters, I
`
`believe them to be true.
`
`Pursuant to the provisions of 28 U.S.C. § 1746, I declare under penalty and perjury that
`
`the foregoing is true and correct.
`
`Dated: March /",2013 (cid:9)
`
`By
`
`L. Leonard Lundy
`
`VJ
`
`

`
`Case 2:13-cv-01161-JHS Document 1-1 Filed 03/04/13 Page 1 of 1
`UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA — DESIGNATION FORM to be used by counsel to Indicate the category of the case for the purpose of
`assignment to appropriate calendar.
`Address of Plaintiff 1635 Market Street, 19th Floor, Philadelphia, PA 19103
`Address of Defendant.] $ Pine Street Philadelphia, PA 19103
`PlaceofAccident,IncidentorTransaction Eastern District of PA and elsewhere
`(Use Reverse Side For Additional Space)
`
`Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% or more of its stock?
`YesD No 10
`(Attach two copies of the Disclosure Statement Form in accordance with Fed R.Civ P. 7.1(a)) (cid:9)
`
`Does this case involve multidistrict litigation possibilities? (cid:9)
`
`Yes K (cid:9)
`
`Not
`
`RELATE U CASE. IF ANY:
`Case Number (cid:9)
`
`Judge (cid:9)
`
`Date Terminated
`
`Civil cases are deemed related when yes is answered to any of the following questions
`
`1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court 9
`YesO No'
`2. Does this case involve the same issue of factor grow out of the same transaction as a prior suit pending or within one year previously terminated
`action in this court?
`
`YesD Not
`3. Does this case involve the validity or infringement of a patent already in suitor any earlier numbered case pending or within one year previously
`YesD (cid:9)
`No
`terminated action in this court? (cid:9)
`
`4 Is this case a second or successive habeas corpus, social security appeal, or prose civil rights case filed by the same individual?
`YesD No
`
`CIVIL (Place V in ONE CATEGORY ONLY)
`A. Federal Question Cases:
`I. K Indemnity Contract, Marine Contract, and All Other Contracts
`2. K FELA
`3. K Jones Act-Personal Injury
`4. K Antitrust
`5. K Patent
`6. K Labor-Management Relations
`
`B. Diversity Jurisdiction Cases:
`1. K Insurance Contract and Other Contracts
`2. K Airplane Personal Injury
`3. K Assault, Defamation
`4. K Marine Personal Injury
`5. K Motor Vehicle Personal Injury
`6. K Other Personal Injury (Please
`specify)
`7. K Products Liability
`8. K Products Liability — Asbestos
`9. K All other Diversity Cases
`(Please specify)
`
`7. K Civil Rigl-,ts
`8. K Habeas Corpus
`9. K Securities Act(s) Cases
`10. K Social Security Review Cases
`II. IX All other Federal Question Cases
`trademark infringement and unfair competition, false designation of origin
`(Please specify)
`ARBITRATION CERTIFICATION
`(Check Appropriate Category)
`, counsel of record do hereby certify.
`I, Manny Pokoti low (cid:9)
`i Pursuant to Local Civil Rule 53.2, Section 3(cX2), that to the best of my knowledge and belief, the damages recoverable in this civil action case exceed the sum of
`$ 150,0170 00 exclusive of interest and costs,
`E Relief other than monetary damages is sought
`
`DATE; (cid:9)
`
`13310
`army D. Po cotilOW (cid:9)
`Attorney ID #
`w
`Attom (cid:9)
`NOTE: A trial de noocvi4se a trial by jury only if there has been compliance with F.R C P 38.
`
`I certify that, to my knowledge, the within case is n related to any (cid:9)
`except as noted above.
`
`pending or within one year previously terminated action In this court
`
`DATE: March (cid:9)
`
`2013
`
`CIV 609(6/03) (cid:9)
`
`/
`
`A t n at_l n Manny D. Pokotilow (cid:9)
`
`13310
`Attorney I.D a
`
`(cid:9)
`

`
`Case 2:13-cv-01161-JHS Document 1-2 Filed 03/04/13 Page 1 of 1
`• -JS 44 (Rev 12/07) (cid:9)
`CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided
`by local rules of court . This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
`the civil docket sheet, (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)
`
`I. (a) PLAINTIFFS
`Lundy Law, LLP
`
`(b) County of Residence of First Listed Plaintiff ,j]
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`DEFENDANTS
`
`Larry Pitt & Associates
`County of Residence of First Listed Defendant Philadelphia County
`(IN U.S PLAINTIFF CASES ONLY)
`NOTE IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE
`LAND INVOLVED
`
`I (cid:9) Attorneys (If Known)
`I Woodcock Washburn; Cira Centre, 12th Floor
`2929 Arch Street; Phila, PA 19104-2891
`
`(C) (cid:9) Attorney's (Firm Name, Address, and Telephone Number) (215)567-2010
`Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd.
`1635 Market Street - 11th Floor: Phila, PA 19103-2212
`III. CITIZENSHIP OF PRINCIPAL PARTIES ( Placean "X" in One Box for Plaintiff
`( Place an •'X" in One Box Only)
`11. BASIS OF JURISDICTION (cid:9)
`and One Box for Defendant)
`(For Diversity Cases Only) (cid:9)
`PTF (cid:9)
`DEF
`PTF (cid:9)
`CK 4 (cid:9)
`Q(4
`0 (cid:9)
`t (cid:9)
`
`0 I (cid:9) U.S Government (cid:9)
`Plmntiff (cid:9)
`
`l (cid:9)
`
`Federal Question
`(U S. Goverment Not a Patty)
`
`Citizen ofThis State (cid:9)
`
`DEF (cid:9)
`0 (cid:9)
`t (cid:9)
`
`Incorporated or Principal Place (cid:9)
`of Business In This State
`
`02 (cid:9) U.S Government (cid:9)
`Defendant
`
`04 (cid:9) Diversity
`
`Citizen of Another State (cid:9)
`
`0 2 (cid:9)
`
`Cl (cid:9)
`
`2 (cid:9)
`
`(Indicate Citizenship of Parties in Item III)
`
`Incorporated and Principal Place (cid:9)
`ol'Business In AnotherState
`
`O (cid:9)
`
`5 (cid:9)
`
`0 5
`
`0 (cid:9)
`
`.oi_.._..."r•: - n-_n..,. rn.i..~
`TORTS
`PERSONALINJURY
`362 Personal Injury -
`Med. Malpractice
`0 (cid:9) 365 Personal Injury -
`Product Liability
`0 (cid:9) 368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`0 (cid:9) 370 Other Fraud
`0 (cid:9) 371 Truth in Lending
`0 (cid:9) 380 Other Personal
`Property Damage
`0 (cid:9) 385 Property Damage
`Product Liability
`
`I (cid:9) CIIIT (cid:9)
`1V/ (cid:9) NAT11D17 f (cid:9)
`CONTRACT
`I (cid:9)
`PERSONALINJURY (cid:9)
`0 110 Insurance
`310 Airplane (cid:9)
`0 (cid:9)
`0 120 Marine
`0 (cid:9) 315 Airplane Product (cid:9)
`0 130 Miller Art
`Liability (cid:9)
`0 140 Negotiable Instnunent
`320 Assault. Libel & (cid:9)
`0 ISO Recovery of Overpayment 0 (cid:9)
`Slander (cid:9)
`& Enforcement ofJudgment
`0 (cid:9) 330 Federal Employers' (cid:9)
`0 151 Medicare Act
`Liability (cid:9)
`O 152 Recovery of Defaulted
`0 340 Marine (cid:9)
`Student Loans
`345 Marine Product (cid:9)
`(Excl- Vetenuis)
`0 (cid:9)
`Liability (cid:9)
`1 153 Recovery of Overpayment
`350 Motor Vehicle (cid:9)
`of Veteran's Benefits
`355 Motor Vehicle (cid:9)
`'1 160 Stockholders ' Suits
`Product Liability (cid:9)
`Cl 190 Other Contract
`-1 195 Contract Product Liability 0 (cid:9)
`360 Other Personal (cid:9)
`Injury
`0 1 96 Franchise
`PRISONER PETITIONS
`CIVIL RIGHTS
`REAL PROPERTY
`J (cid:9) 510 Motions to Vacate
`0 (cid:9) 441 Voting
`O 210 Land Condemnation
`Sentence
`0 442 Employment
`O 220 Foreclosure
`Habeas Corpus:
`O 230 Rent Lease & Ejectment 0 (cid:9) 443 Housing/
`1 (cid:9) 530 General
`Accommodations
`0 240 Tarts to Land
`0 (cid:9) 535 Death Penalty
`444 Welfare
`0 245 Toit Product Liability
`0 (cid:9)
`1 (