09-09-04 Case reassigned to Judge Dora Lizette Irizarry. Judge Denis R. Hurley no longer assigned to the case. [Entered: 09/09/04]

04-26-04 [143] REPLY Memorandum of Law in further Support re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 6/25/04. Filed by Active WIndow Publications, Inc., Mark Rosenstein. [Entered: 06/30/04]

04-26-04 [142] AFFIRMATION of Cynthia A. Kouril re: To submit for the Court's consideration, the following additional exhibits in rebuttal to the opposition re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims, and in further support of said motion. File date: 6/25/04; Service date: 6/25/04; Filed by Active Window Publications, Inc., Mark Rosenstein. [Entered: 06/30/04]

04-26-04 [141] DECLARATION of Robert Novak in Opposition re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 6/25/04. Filed by Robert Novak. [Entered: 06/30/04]

4/26/04 [140] DECLARATION of Cathleen Novak in Opposition re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 6/25/04; Filed by Robert Novak. [Entered: 06/30/04]

04-26-04 [139] MEMORANDUM of law in Opposition re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 6/25/04; Filed by Robert Novak. [Entered: 06/30/04]

04-26-04 [138] MEMORANDUM of law in support re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 4/26/04; Filed by Active Window Publications, Inc., Mark Rosenstein. [Entered:06/30/04]

04-26-04 [137] EXHIIBITS to Def's Motion to Dismiss. File date: 6/25/04; Service date: 4/26/04. Filed by Active Window Publications, Inc., Mark Rosenstein [Entered: 06/30/04]

04-26-04 [136] AFFIRMATION of Cynthia A. Kouril in Support re: [135] Motion to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P., for dismissal of Plaintiff's claims. File date: 6/25/04; Service date: 4/26/04; Filed by Active Window Publications, Inc., Mark Rosenstein [Entered: 06/30/04]

4-26-04 [135] MOTION to Dismiss purs. to Rules 12(b)(7), 17 and 19 of the F.R.C.P. for dismissal of Plaintiff's claims; File date: 6/25/04; Service date: 4/26/04; Filed by Mark Rosenstein. [entered: 06/30/04]

6-16-04 [134] AFFIDAVIT of Service of Plaintiff's Opposition to Motion to Dismiss, with Declarations, Memorandums, Exhibits and Proof of tis service, served on Robert Folks & Assoc. for Mark Rosenstein, and Active Windows Productions Inc. on 6/14/04, filed by Robert Novak. [Entered:06/23/04]

06-16-04 [ 133] Letter from Robert Novak to Honorable Judge Denis Hurley dated 6/14/04 re: To advise the Court of the submission of the enclosed Certificate of Service for Plaintiff's Opposition to Defendants' motiion to add proper party in interest. [Entered: 06/23/04]

05-07-04 [132] ORDER granting [131] Motion to Amend/Correct the Briefing schedule: Plaintiff shall serve any opposition to the Defendants' motion on or before 6/11/04; Defendants shall serve their reply upon the Plaintiff on or before 6/25/04; Defendants shall file all papers, including courtesy copies for the Court on 6/25/04.; The parties are advised that the Court will not accept any motion papers filed prior to 6/8/04; This amended schedule shall provide Plaintiff with an additional three weeks to address this motion resulitng in nearly eight total weeks of preparation time. Plaintiff is advised that no further extensions will be granted absent extraordinary circumstances. Signed by Judge Denis Hurley on 5/7/04. [Entered: 05/17/04]

05/06/04 [131] Letter MOTION to Amend/Correct [130],..Set Deadlines/Hearings,...by Robert Novak. [Entered: 05/17/04]

03-26-04 [130] ORDER; The Court has received the letter from Defts Active Window Productions, Inc. and Mark Rosenstein indicating a desire to file a motion to dismiss the case for failure to join the real party in interest. The Court has also received Plaintiff's reply. After consideration of these letters, the Court waives the pre-motion conference requirement. The parties shall conform to the following briefing schedule; Defendants shall serve their proposed motion upon Plaintiff on or before 4/26/04 (memorandum not to exceed 20 pages); Plaitniff shall serve any oppositin to this motion on or before 5/25/04 (memorandum not to exceed 20 pages) Defendants shall serve their reply on Plaintiff on or before 6/8/04 (memorandum not to exceed 10 pages); Defendants shall file all papers, including courtesy copies for the Court on 6/8/04. The parties are advised that Court will not accept any motion papers filed prior to 6/8/04. See Individual Practice Rule 2. [Entered: 03/30/04]

02-13-04 [129] LETTER from Robert Novak to Honorable Judge Hurley, dated 2/10/04 re: To submit the attached exhibits of Plaintiff's pre-motion letter in opposition, which may have inadvertently not been attached to Plaintiff's pre-motion letter. [Entered: 2/13/04]

02-10-04 [128] LETTER from Robert Novak to Honorable Judge Hurley dated 2/9/04 re; To request a pre-motion conference relating to whome the true party in interest is or who owns the trademark "Pets Warehouse" is being proposed in bad faith as strategy to stall this case. [Entered: 2/12/04]

01-23-04 [127] LETTER from Cynthia Kouril to Honorable Denis Hurley, dated 1/23/04 re: To request a pre-motion conference with respect to a proposed motion by Defendants for an Order purs to Rule 17 and 19 of the F.R.C.P. dismissing the Complaint in its entirety for failure to prosecute in the name of the true party in interest and failure to join a necessaryparty despite ample notice to do so. [Entered: 2/4/04]

01-09-04 [126] ORDER; For the reasons set forth herein, the undersigned agrees with the Defs that the Rule 17 motion should be made prior to proceeding with additional discovery in this matter. To that end, they shoulod start that motion process by submitting a pre-motion letter to Judge Hurley no later than 1/23/04. Assuming that the Defs proceed with that motion, they shall notify the undersigned when the motion is decided. If they do not proceed with the motion, the Defs shall notify the undersigned of that development, so that a scheduling order can be entered. Until the motion is decided, all discovery is stayed. The Court sees no point in Mr. Novak's proceeding with a motion to amend until the real party in interest issue has been resolved. Signed by Judge William Wall on 1/9/04. [Entered: 01/23/04]

01-05-04 [125] STATEMENT of Outstanding Discovery and Anticipated Motions, filed by Robert Novak. [Entered: 01/23/04]

01-14-04 [124] LETTER from Robert Novak to Honorable Magistrate Judge William Wall, dated 1/5/04 re: To advise the Court that Plaintiff anticipated makign the following motions and requests prior to triarl; Amendment of complaint purs. to FRCP Rule 15; Discovery upon Defs; written interrogatories, production of documents, requests for admission and deposition upon oral examination; To request that any summary judgment motion by Def should be delayed until such discovery and amendments are completed. [Entered: 01/23/04]

06-23-03 [123] MEMORANDUM in Support re: [113] Motion for Sanctions; Sanctioning Plaintiff for a sum of money to be paid within 60 days of the first of the following triggering events. The lifting or termination of the automatic stay by the bankruptcy court. The confirmation of debtor by Active Window Publications, Inc., Mark Rosenstein. [Entered: 12/19/03]

12-12--03 [122] ORDER [101] Letter Motion for Reconsideration of Magristrate's Wall's 8/8/03 Order filed by Robert Novak is Denied. [117] Cross Motion for Sanctions filed by Robert Novak, [113] is Denied. Motion for sanctions : Denying the Sanctioning Plaintiff for a sum of money to be paid within 60 days of the first of the following triggering events. The lifting or termination of the automatic stay by the bankruptcy court. The confirmation of the debtor filed by Active Window Pulications, Inc., Mark Rosenstein. Signed by Judge William D. Wall on 1l2/12/03. [Entered: 12/19/03]

11-19-03 [121] LETTER dtd 11/10'/03 from Cynthia Kouril to Judge Wall Regarding: Response to the letter from Mr. Novak to this Court dtd 11/7/03. The accuracy of the facts, or lack thereof, as alleged by Mr. Novak in that letter are within the purview of the Court and Chamber personnel. Consequently, it appears that Mr. Novak's missive does not require specific reply at this time, unless the Court desires to hear from us on this topic. [Entered: 12/19/03]

12-10-03 [120] LETTER dtd 11/7/03 from Robert Novak to 11/7/03 Regarding: Objection to the award of legal fees. [Entered: 12/19/03]

10-30-03 [119] LETTER dtd 10/30/03 from Cynthia Kouril to Judge Wall Regarding: Enclosed two items requested by the Court: 1. A copy of contemporary time notes associated with the affirmation of actual services, dated 8/26/03, and previously filed with this Court, 2. A second copy of the Affidavit of Mark Rosenstein in opposition to Plaintiff's motion for sanctions and in Reply to Plaintiff's opposition to Defendant's Motions for Sanctions, to travel as opposition papers to Plaintiff's Cross Motion for Sanctions dated 9/15/03. [Entered: 12/19/03]

09-16-03 [118] AFFIDAVIT By Mark Rosenstein in Opposition to [117] Cross Motion for Sanctions and in reply to Plaintiff's opposition to Defendants' Motion for sanctions by Active Window Publications, Inc. [Entered: 12/19/03]

09-16-03 [117] Cross MOTION for Sanctions by Robert Novak. [Entered: 12/19/03]

12-16-03 [116] MEMORANDUM in Opposition re [113] Motion for Sanctions : Sanctioning Plaintiff for a sum of money to be paid within 60 days of the first of the following triggering events. The lifting of termination of the automatic stay by the bankruptcy court. The confirmation of debtor by Robert Novak. [Entered: 12/19/03]

08-27-03 [115] AFFIDAVIT of Actual Services by Active Window Publications, Inc. [Entered: 12/19/03]

06-23-03 [114] EXHIBITS by Active Window Publications, Inc., [Entered: 12/18/03]

06-23-03 [113] MOTION for sanctions : Sanctiioning Plaintiff for a sum of money to be paid within 60 days for the first of the following triggering events. The lifting or termination of the automatic stay by the bankruptcy court. The confirmation of debtor's reorganization by the bankruptcy court. The dismissal of Mr. Novak's bankruptcy petition. Any other Order or Decree of the bankruptcy court whether final or interlocutory, of challenged an appeal which results in the termination of Novak's bankruptcy proceeding. Authorizing the defense to move the court, within 60 days of the first of one of the above described events for costs and attorney's fees. Motion for the Court to issue a Report and recommendation to dismiss this action by Active Window Publications, Inc., Mark Rosenstein. Modified on 12/18/03. [Entered: 12/18/03}

12-04-03 [112] LETTER Motion dtd 12/4/03 from PetsForum Group to Judge Hurley Regarding Request for a pre-motion conference with respect to the intended Rule 12 motions. Request that the Conference be held telephonically. [Entered: 12/10/03]

10-30-03 [111] MINUTE Entry for proceedigns held before William D. Wall: Status Conference held on 10/30/03 at 11:0 am. Robert Novak appeared for the plaintiff. Cynthia Kouril apeared for the defendants. The following rulings were made: The conference is adjourned without date pending decision on the outstanding sanction motion. The court will set a further conference date in its order. So Ordered. [Entered: 11/17/03]

10-03-03 [110] AFFIDAVIT of Mark Rosenstein in Opposition to Plaintiff's Motion for Sanctions and in Reply to Plaintiff's Opposition to Defendant's Motion for Sanctions by Active Window Publications, Inc. [Entered: 11/13/03]

07-18-03 [109] Letter MOTION dtd 7/18/03 frm Robert Hudson to Judge Hurley regarding request to join in the recently filed motion for sanctions by defendants, Active Window Productions and Mark Rosenstein, in this case. [Entered: 10/07/03]

07-17-03 [108] LETTER dtd 7/17/03 from Robert Novak to Judge Wall regarding in a letter dtd 7/15/03 by Ms. Kouril, the opinions relating to Judge Bernstein's ruling from the bench on 6/25/03 in the Chapter 11 is incorrect. The automatic stay is still in effect due to the fact that an order has not been entered in the docket as of today...Anything done by this defendants counsel from the filing date of the bankruptcy petitionon 6/2/03 until the stay has expired is a nullity and void, not merely voidable. [Entered: 10/07/03]

07-17-03 [107] LETTER dtd 7/17/03 from Robert Novak to Judge Hurley regarding this issue is more than appropriate for a motion to declare Robert Novak the owner of the trademark at issue and to allow this case to proceed to its conclusion on its merits. [Entered: 10/07/03]

07-15--3 [106] LETTER dtd 7/15/03 from Robert Folks to Judge Hurley regarding reply to Plaintiff's letter of 7/8/03, and respectfuly submitted in the interest of a complete record. If Mr. Novak has filed his own Motion for Sanctions, no such document has been served upon this office. If Mr. Novak has filed opposition papers to defendants' pending motion for sanctons and injunctive relief, no such document has been served upon this office. [Entered: 10/07/03]

07-28-3 [105] LETTER dtd 7/25/03 from Cynthia A. Kouril to Judge Hurley regarding reply to Plaintiff's letter of 7/17/03. That letter offers no explanation of why an additional motion is needed as this juncture when the discovery and evidentiary issues under discussion are already the subject of a pending motion before Judge Wall. Defendant's stand upon the positions previously articulated in this firm's prior letter of July 3rd and 1th and the attachments submitted therewith. [Entered: 10/07/03]

09-12-03 ORDER granting the Letter motion for one day extension to file responses to motions referred to in the enclosed letter. Defendants' time to reply is extended three days as well. Signed by Judge William D. Wall on 9/12/03. [Entered: 10/06/03]

09-12-03 [104] LETTER motion dtd 9/12/03 from Robert Novak to Judge Wall regarding request for a one day extension to file responses to the opposition for sanctions and the motion for sanctions. [Entered: 10/06/03]

08-08-03 [103] CERTIFICATE OF SERVICE by Active Window Publications, Inc., Aquabotanic.Com, Thomas Barr, John Doe, Robert Novak, Cynthia S. Powers, Mary Roe, Mark Rosenstein re: [94] Status Conference, Set Hearings.... [Entered: 09/11/03]

08-25-03 [102] ORDER denying [101] Motion for Reconsideration. Underlying the motion is a dispute about whether or not an automatic stay is in effect as to the plaintiff. There is no stay in effect. The court will give Mr. Novak under 9/12/03 to serve and file opposition. [Entered: 08/27/03]

08-13-03 [101] Letter MOTION for Reconsideration of Magistrate Wall's 8/8/03 Order by Robert Novak. [Entered: 08/27/03]

07-18-03 [100] LETTER dated 7/15/03 from Cynthia Kouril to Magistrate Wall. Regarding: copy of transcript of 6/25/03 bankruptcy proceeding before Judge Bernstein attached. [Entered: 08/27/03]

07-01-03 [99] LETTER dated 6/30/03 from Cynthia Kouril to Magistrate Wall. Regarding confidentiality of documents, documents posted on defense fund website are public information. [Entered: 08/27/03]

07-02-03 [98] LETTER dated 6/30/03 from Robert Novak to Magistrate Wall. Regarding: stay of 60 days, moving papers of deft be deemed a nullity, preclude defts from any discovery information from being disclosed which was under confidentiality agreement. [Entered: 08/27/03]

06-20-03 [97] LETTER dated 6/20/03 from Robert Novak to Magistrate Wall. Request to adjourn my motion for sanctions for 60 days due to plaintiff's filing bankruptcy. [Entered: 08/27/03]

06-20-03 [96] LETTER dated 6/30/03 from Cynthia Kouril to Magistrate Wall. Request extension to file motion for sanctions. [Entered: 08/27/03]

08-08-03 [95] LETTER dtd 8/5/03 from John Benn to Judge Hurley re: A Notice of Motion to strike with supporting papers has been served upon the Plaintiff. [Entered: 08/27/03].

08-08-03 [94] STATUS CONFERECE - Plaintiff failed to appear at this status conference scheduled in this court's order of May 2, 2003. The defendant is awarded the cost of her appearance and shall submit an affidavit of services by August 29, 2003. The court reserves decision on defendant's motion for sanctons, which is unopposed. The court notes for the plaintiff's information that ther eis no stay in effect. Should plaintiff fail to appear at the next conference the court will recommend dismissal of the action. The next status conference will be held on October 30, 2002 at 11 am.

07-11-03 [93] LETTER dtd 7/8/03 from Robert Novak to Judge Hurley Regarding the letter of defendants counsel dtd 7/3/03 in response to plaintiff's July 1st letter motion seeking declaratory relief is totally inaccurate. Request for a conference and that the Court move this case forwarded on the merits rather than entertain the delay tacts of defendants counsel... [Entered: 08/08/03]

07-02-03 [92] LETTER dtd 7/1/03 from Plaintiff to Judge Hurley Regarding: Request for a pre-motion conference to schedule a briefing on teh proposed motion to declaim Robert Novak the owner and true party in interest of the registered Trademark Pets Warehouse declaration of ownership. [Entered: 07/29/03]

06-27-03 [91] LETTER from Robert L. Folks to Judge Wall Regarding: Judge Bernstein dismissed the bankruptcy case filed by Mr. Novak, sua sponte. He also observed on the record that he believed that Mr. Novak had filed that petition in bad faith and that Mr. Novak was using the Courts improperly. The copies of the tapes of the proceedings and/or transcripts will be acquired as soon as possible. [Entered: 7/28/03]

07-07-03 [90] LETTER from Cynthia S. Powers to Judge Hurley Regarding Request to join in the recently filed motion for sanctions. [Entered: 07/15/03]

07-07-03 [89] LETTER dtd 7/3/03 from Counsel for defendants to Judge Hurley Regarding Response to the letter application of Plaintiff. Request by Plaintiff for a conference is unnecessary at this time. [Entered: 07/15/03]

06-23-04 [xx] NOTICE of Motion and Motion

06-23-04 [xx} MEMORANDUM in Support of Motion for Sanctions

06-23-03 [xx] AFFIRMATION of Cynthia Kouril.

05-14-03 [88] LETTER from Counsel for Active Window Productions and Mark Rosenstaine to Judge Hurley Regarding Opposition to application by plaintiff for a stay. [Entered: 06/10/03]

05-13-03 [87] MINUTE ENTRY Case called. For Plaintiff: Robert Novak. For Defenant: Cynthia Kouril. The next status conference will be held on 8/8/03 at 10:00 am. Plaintiff shall serve a copy of his deposition transcript with errata sheet and any supplemental discovery on the defendant by 5/30/03. Any party seeking to move for sanctions shall do so no later than 6/20/03. For proceedings held before William D. Wall : Status Conference held on 5/2/03. So Ordered. [Entered: 05/13/03]

05-13-03 ORDER denying the [86] Letter motion from Robert Novak for an adjourment of the status conference. The conference will go forward as scheduled. (Signed by Magistrate Judge Wall on 4/28/03) [Entered: 05/13/03]

05-13-03 [86] LETTER dated 4/25/03 from Robert Novak to Judge Wall re: Request for an adjournment of the status conference presently schedule for 5/2/03. [Entered: 5/13/03]

05-13-03 [85] LETTER dated 4/25/03 from Cynthia A. Kouril to Judge Wall re: There is no reason to adjourn or not to adjourn the status conference based on the availability f the deposition transcripts. The transcripts arrived yesterday and a copy was forwarded to Mr. Novak today [Entered: 05/13/03]

04-09-03 [84] LETTER dated 4/8/03 from Plaintiff to Judge Hurley re: Request that this Court reconsider and review de novo, Magistrate Wall's decision relating to discovery by the defendant in this matter. [Entry date: 04/25/03]

04-14-03 [83] ORDER, that plaintiff's "appeal" is denied. To the extent that plaintiff also makes a motion for sanctions, that motion is also denied for failure to comply with the individual Practice Rule 2A, among other failures. Any renewed motion for sanctions shall comply with the individual practice rules and the Federal Rules of Civil Procedure. (Signed by Judge Denis R. Hurley on 4/14/03) [Entry date: 04/25/03]

04-02-03 [82] LETTER dated 4/1/03 from Robert Novak to Judge Hurley re: Request for a pre-motion conference to schedule a briefing on its proposed Motions to declare Robert Novak the owner and true party plaintiff in this action, sanction defendant's counsel, and for an Order of Protection for plaintiff's family members, and amend complaint. [Entry date: 04/24/03]

04-02-03 [81] LETTER dated 4/2/02 from Counsel for defendants to Judge Hurley re: Request that the application for a protective order by Plaintiff be stayed pending the outcome of the application to Judge Wall for a preclusion order and sanctions. [Entry date: 04/18/03]

03-27-03 [80] ORDER, set status conference for 10:00 3/2803 before Magistrate William D. Wall (signed by Magistrate William D. Wall, on 3/2703. [Entry date: 04/11/03}

03-25-03 [79] LETTER dated 3/25/03 from Counsel for defendants to Judge Wall re: Request that the Court order plaintiff to produce the documents and further direct that the deposition now scheduled for 3/28/03, be rescheduled to permit review of the documents before the deposition. [Entry date: 04/11/03]

03-26-03 [78] LETTER dated 3/26/03 from Plaintiff to the Court re: The EBT should not be adjourned. [Entry date: 04/11/03]

03-26-03 [77] LETTER dated 3/26/03 from Cynthia A. Kouril to Judge Wall re: Response to plaintiff's letter of the same date. The prejudice to defendants is solely the result of plaintiff's failure to produce documents as orderedc by this Court. [Entry date: 04/11/03]

03-27-03 [76] ORDER, for protective order (signed by Magistrate William D. Wall, on 3/27/04) [Entry date: 04/04/03]

02-25-03 [75] LETTER dated 2/24/03 from Plaintiff to the Court re: Response to defendants letter and proposed Protective Order dtd 2/21/03, and for consideration at the 3/6/03 status conference. [Entry date: 04/04/03]

02-25-03 [74] LETTER dated 2/24/03 from Cynthia Kouril to Judge Wall re: Reply to Mr. Novak's letter of the same date. Defendant's papers on the motion to dismiss are due 3/4/03, wo days before the status conference before the Court. [Entry date: 04/04/03]

02-24-03 [73] LETTER dated 2/21/03 from Cynthia Kouril to Judge Wall re: Counsel learned for the first time of correspondence sent to this Court by plaintiff on 1/2/03, and certainly would not have ignored such correspondence and reply both to it, and to plaintiff's 2/20/03, corresponsence herein. [Entry date: 04/04/03]

02-26-03 [72] LETTER dated 2/20/03 from Cynthia Kouril to Mr. Novak re: A letter received from Judge Wall's chambers by Mr. Novak was not received by the adversary. [Entry date: 04/04/03]

03-28-03 [71] LETTER dated 3/2603 from Cynthia Kouril to Judge Wall re: Response to plaintiff's letter of the same date. I no way could any person be misled into believing that the proposed change to Table A would nullify the deadline for production set by this court. [Entry date: 04/04/03]

03-06-03 -- STATUS Conference held. [Entry date: 04/01/03]

03-06-03 [70] CALENDAR entry:, Before Magistrate Jduge Wall on 3/6/03 2 10:30 am. Case called for Status conference. For Plaintiff-Pro se, For Defendant: Cynthia Kouril. The court's order of 12/5/02 is vacated to the extent that the Court was to appoint a referee. A referee will not be appointmented. The plaintiff's continued deposition will be conducted in this courthouse on 3/28/03 beginning @10:00 am. Defendant shall submit Schedule A of the proposed protective order within 7 days. The plaintiff shall supply documents responsive to the original demand, including tax returns for the years convered in the complaint, within 14 days. All other applications contained in the plaintiff's 1/22/03 letter motion are denied; set status conference for 11:00 5/2/03 before Magistrate William D. Wall. [Entry date: 04/021/03]

02-21-03 [69] LETTER dated 2/20/03 from Robert Novak to Judge Wall re: Status of case. [Entry date: 04/01/03]

01-23-03 [68] LETTER dated 1/22/03 from Plaintiff to Magistrate Judge Wall re: Request that the defendant's "expedited" discovery request and continued deposition of plaintiff relating to "the real party in interest", that issue be deemed a nullity and discontinued. [Entry date: 04/01/03]

02-20-03 [67] ORDER, set status conference for 10:30 3/6/03 before Magistrate William D. Wall ( signed by Magistrate William D. Wall, on 2/20/03). [Entry date 02/28/03}

12-06-02 [66] CALENDAR Entry: Before Magistratge Judge Wall on 12/6/02 @ 10:00 am. Case called for Motion. For Plaintiff: Robert Novak, For Defendant: Cynthia Kouril. Plaintiff's motion for a protective or confidentiality order dtd 9/19/02 and defendants' opposition dtd 10/18/02: the motion for a protective/confidentiality order was granted. Defendants were directed to prepare an order and circulate it to plaintiff. Defendants' motion to compel dtd 10/24/02, and plaintiff's opposition dtd 11/25/02; the motion to compel was also granted, subject to production under the terms of the confidentiality order. Plaintiff's cross motion for declaratory judgment dtd 11/12/02, the defendants' opposition dtd 11/3/02; this motion was withdrawn without prejudiice to renewal before Judge Hurley at the conclusion of discovery. A referee will be appointed to preside over the continued deposition of Plaintiff. (Signed by Magistrate Judge Wall. [Entry date: 01/03/02]

12-05-02 [65] CALENDAR Entry: Before Magistratge Judge Wall on 12/6/02 @ 10:00 am. Case called for Motion. For Plaintiff: Robert Novak, For Defendant: Cynthia Kouril. Plaintiff's motion for a protective or confidentiality order dtd 9/19/02 and defendants' opposition dtd 10/18/02: the motion for a protective/confidentiality order was granted. Defendants were directed to prepare an order and circulate it to plaintiff. Defendants' motion to compel dtd 10/24/02, and plaintiff's opposition dtd 11/25/02; the motion to compel was also granted, subject to production under the terms of the confidentiality order. Plaintiff's cross motion for declaratory judgment dtd 11/12/02, the defendants' opposition dtd 11/3/02; this motion was withdrawn without prejudiice to renewal before Judge Hurley at the conclusion of discovery. A referee will be appointed to preside over the continued deposition of Plaintiff. (Signed by Magistrate Judge Wall. [Entry date: 01/03/02]

11-26-02 [64] CROSS MOTION by Robert Novak for Declaratory Judgment, No Motion hearing. [Entry date: 12/31/02]

11-25-02 [63] MEMORANDUM by Robert Novak in opposition to [58-1] motion to compel. [Entry date 12/31/02]

11-06-02 [62] MEMORANDUM by Robert Novak in support of Motion for a Protective Order. [Entry date: 12/31/02]

9-19-02 [61] LETTER dated 9/19/02 from Plaintiff to Judge wall re: Request for an order for protection and/or a confidentially agreement. [Entry date: 12/31/02]

12-23-02 [60] CERTIFICATE OF SERVICE by Active Window, Mark Rosenstein of the Order dtd 8/28/02. [Entry date: 12/31/02}

10-24-02 [59] MEMORANDUM by Active Window, Mark Rosenstein in support of [58-1] motion to compel production of documents and responses to deposition questions. [Entry date: 12/27/02]

10/24/02 [58] MOTION by Active Window, Mark Rosenstein to compel, Motion hearing [58-1] motion. Motion file stamped: 10/28/02 and mailed/served: 10/24/02. Affirmatin of Robert L. Folks, Cynthia A. Kouril. Exhibits attached. [Entry date: 12/27/02]

10-18-02 [57] Exhibits by Active Window, Mark Rosenstein submitted on 10/18/02. [Entry date: 12/27/02]

10-21-02 [56] LETTER dated 10/18/02 from Cynthia A. Kouriil, Esq. to Mag. J. Wall replying to plt's letter motion for protectve order. Affidavits of Mark Rosenstein, or Cynthia A. Kouril, Esq. attached. [Entry date: 12/27/02]

12-10-02 (55) TRANSCRIPT filed for Status conference for dates of 12/5/02. [Entry date: 12/11/02]

11-12-02 (54) CROSS MOTION by Robert Novak for Declaratory Judgment, No Motion Hearing. [Entry date: 11/25/02]

11-19-02 (53) LETTER Motion by Active Window to file a sur reply, No Motion hearing. [Entry date: 11/21/02]

xx-xx-02 (xx) Plaintiff's Cross MOTION for Declaratory Judgment

xx-xx-02 (xx) LETTER dated 11/13/02 from Def Active Windows objecting to Plaintiff's Cross Motion

10-30-02 (52) LETTER dated 10/30/02 from Plaintiff to Magistrate Judge Wall re: Request that the status conference be adjourned. [Entry date: 11-01-2]

10-30-02 (51) ORDER, set status conference for 10:00 12/6/02 before Magistrate William D. Wall (signed by Magistrate William D. Wall, on 10/30/02) [Entry date: 11/01/02]

9-20-02 (50) Calendar entry: Before Magistrate Judge Wall on 9-20-02 at 2:00 p.m. case called for Status conference. for Plaintiff: Robert Novak, For Defendant:Cynthia Kouril set status conference for 2:00 11-1-02 before Magistrate William D. Wall CG Tape # (lm) [Entry date 09-30-02] *

9-11-02 (49) LETTER dated 9-9-02 from Cynthia A. Kouril to Mr. Novak re: Acknowledgment of receipt, on 9-6-02, of documents in partial compliance with Judge Wall's order of 8-28-02. Counsel will raise the issue of the remaining outstanding documents with Judge Wall at the September 20th confrence. (lm) [entry date 09-13-02]. *

08-28-02 (48) ORDER denying [47-1] motion to compel the plaintiff to respond to their first Production of Documents and for sanctions. (signed by Magistrate William D. Wall, on 8-28-02) cm (lm) [Entry date 09-04-02]. *

8-13-02 (47) Letter MOTION by Counsel for defendants to Magistrate Judge Wall re: to compel the plaintiff to respond to their first Production of Documents and for sanctions. No Motion hearing (lm) [Entry date 09-04-02] *

5-20-02 (46) AMENDED COMPLAINT by Robert Novak (Answer due 5/30/02 for Mary Roe, for John Roe, for Thomas Barr, for Jared Weinberger, for Dan Resler, for Cynthia S. Powers, for Mark Rosenstein, for Active Window) amending [1-1] complaint against Aquabotanic.com (lm) [Entry date 07/25/02] *

7-12-02 (45) ORDER denying [42-1] motion for leave to file a second amended complaint under rules 15a, c, and d, denying [39-1] motion for the court to order substituted service upon Thomas Barr via certified mail. Denied without prejudice to renewal at a later date. (signed by Magistrate William D. Wall, on 7-12-02) cm (lm) [Entry date 07-22-02].

7-2-02 -- Status confrence held (lm) [Entry date 07-15-02]

5-30-02 (44) LETTER dated 5/28/02 from Robert Novak to Magistrate Judge Wall re: To respond to Cynthia Kouril's letter of 5/21/02 to the Court. (lf) [Entry date 07/19/02] *

5-21-02 (43) LETTER dated 5/21/02 from Cynthia A. Kouril to Magistrate Judge Wall re: To advise the Court that once again pltffs have failed to comply with the Court's 4/19/02 Order; To protest the misrepresentation of Cynthia A. Kouril's opinion and her client's position as expressed in Mr. Novak's 5/21/02 letter; To advise the Court that the current "Second Amended Complaint" is different that the Second Amended Complaint served in march and stamped "received" by the Clerk's Office on 3/25/02. (lf) [Entry date 07/19/02]

5-17-02 (42) Lettter MOTION by Robert Novak; for leave to file a second amended complaint under rules 15a, c and d. Motion hearing not scheduled. (lf) [Entry date 07/19/02]

4-17-02 (41) LETTER dated 4/13/02 from Robert Novak to Magistrate Judge Wall re: To provide a list of current party defts. in the 2nd amended complaint. (lf) [Entry date 07/19/02]

4-12-02 (40) LETTER dated 4/10/02 from Robert L. Folks to Magistrate Judge Wall re: To advise the Court that Defts Rosenstein and Active Window Productions, Inc. cannot consent to the service of the document called pltff's "Second Amended Complaint". (lf) [entry date 07/19/02]

3-27-02 (39) Letter MOTION by Robert Novak; for the court to order substituted service upon Thomas Barr via certified mail. Motion hearing not scheduled. (lf) [Entry date 07/19/02]

7-2-02 (38) Calendar entry:, Before Magistrate Judge Wall dtd 7/7/02 Case called for Status conference. For plaintiff: Robert Novak, For defendant: Cynthia Kouril. Defendant's application for expedited discovery as to the corporate identity of the plaintiff and to determine the true parties in interest is granted. Set status conference for 2:00 9/20/02 before Magistrate William D. Wall, set discovery due for 9/12/02. So Ordered cm (lm) [Entry date 7/24/01]

6-12-02 (37) Calendar entry: Before USMJ Wall on 6-12-02 @ 10:00 a.m. for Status Conference. Case called. Counsel for parties present. RULINGS: The next status conference is scheduled for 7-2-02 at 11:30 a.m. CG (rb) [Entry date 06-19-02]

Not on docket: ORDER from Judge Wall for a conference.

4-23-02 (36) LETTER dated 4-23-02 from Judith Hepworth to Mr. Novak re: Chambers is returning the copy of a "Second Amended Complaint" that was filed with the Clerk's office on March 25. as Judge Wall explained at th converence on 4-19-02, and as the earlier order stated, a motion must be filed before submitting an amended complaint. (lm) [Entry date 05-02-02]

4-19-02 (35) STATUS CONFERENCE: THE FOLLOWING RULINGS WERE MADE: Plaintiff shall file its MOTION to Amend the Complaint by May 17, 2002. the motion shall also include the relief sought regarding service on a Thomas Barr. Defendant shall file its motion for expedited discovery regarding the true parties in interest to this proceeding by May 31, 2002. The Plaintiff shall file its opposition, if any, by June 21, 2002, defendant's reply, if any, by June 28, 2002. The court will conduct a further status conference on September 20, 2002 at 2:00 p.m. SO ORDERED.

4-19-02 (34) RETURN OF SERVICE executed as to Cynthia S. Powers 4-8-02 Answer due on 4-28-02 for Cynthia S. Powers (lm) [Entry date 04-22-02]

Not on docket: LETTER from Robert Novak to Magistrate William D. Wall dated March 26, 2002.

Not on docket: Second Amended Complaint.

03-21-02 -- Endorsed order granting [33-1] motion for a 1-day extension to file an amended complaint (Signed by Magistrate William D. Wall, on 3-21-02) EOD# 33 CF (rb) [Entry date 04-01-02].

03-20-02 (33) Letter MOTION by Robert Novak for a 1-day extension to file an amended complaint (Signed by Magistrate William D. Wall, on 3-21-02) EOD# 33 CF (rb) [Entry date 04-01-02]

03-01-02 (32) Calendar entry: Before USMJ Wall on 3-1-02 @ 10:00 a.m. for Settlement Conference. Case called Counsel for parties present. RULINGS: Next status confrence is scheduled for 4-19-2 @ 11:00 a.m. the parties have advised the Court that the case is settled as to some Defendants, yet there has been no stipulation filed, and there seems to be no agreement on the status of the pleadings. the Plaintiff shall advise the Court no later than 4-16-02 of the status of all parties. Should the Plaintiff wish to amend the Complaint, he must move to do so by 3-22-02. the Court will enter a new and expedited discovery schedule at the next conference. CG (rb) [entry date 03-07-02]

03-01-02 (31) STIPULATION and ORDER denying [8-1] motion to dismiss the claims pursuant to Rule 12(b)(2) and 56. The foregoing stipulation is so ordered; and whereas the foregoing stipulation, inter alia, releases plaintiff's claims against deft. Resler, the Motion to dismiss is denied as moot (signed/unsigned by Judge Denis Hurley, on 3-1-02) (lm) [Entry date 03-06-02]

Not yet docketed: Stipulation of Settlement and Dismissal with Prejudice.

12/21/01 (30) ORDER that the parties have reached a settlement in this action. All parties are to appear for a conference set status conference for 10:00 3/1/02 before Magistrate William D. Wall (signed by Magistrate William D. Wall, on 12-21-01) cm (lm) [Entry date 01-04-02].

12-20-01 (29) LETTER dated 12-20-01 from Robert Folks to Magistrate Judge Wall re: Parties have reached a settlement. (lm) [Entry date 01-04-02].

12-11-01 (28) ORDER. Calendar entry. Before Magistrate Judge Wall dtd 12-11-01 Civil cause for initial conference. For Pltff: Robert Novak, For deft: Robert Folks (Active Window, Rosenstein) Hillary Miller (Resler, Weinberger). The parties shall complete all Rule 26 aumatic Disclosure by 12-21-01. The pltff's application to serve so ordered subpoenas is denied. All other discovery is stayed pending a determination of the motions by Judge Hurley. the defts. shall notify the Court upon receipt of Judge Hurley's decision, and the Court will reschedule the initial Discovery conference. So Ordered cg (lm) [Entry date 12-14-01]

9-26-01 (27) LETTER dated 9/25/01 from Pltff to the Court re: Response to a letter frm Hilary Miller dtd 9/18/02 as it relates to the improperly signed motion to dismiss dtd 8/10/02, by the deft. Mr. D. Resler. (lm) [Entry date 11/14/01]

9-7-01 (26) LETTER dated 9/4/01 from Counsel for pltff to Magistrate Judge Wall re: request for leave to amend the pleadings. (lm) [Entry date 12/14/01]

9-7-01 (25) LETTER dated 8/29/01 from Counsel for pltff to Judge Wall re: Request that the court approve the enclosed subpoena for service upon Cynthia Powers. (lm) [Entry date 12/14/02]

9-7-01 (24) LETTER dated 8/29/02 from Pltdff to Judge Wall re: Request for approval of the enclosed subpoena for service. (lm) [Entry date 12/14/01]

12-11-01 (23) ORDER. Calendar entry: Before Judge Hurley dtd 12-11-01 @ 10:00 a.m. Civil cause for Pre-motion conference. For Pltff: Robert Novak, Pro Se. For defts: Weinberger and Resler: Hilary B. Miller, Esq. For defts. Active Window Solutions, Inc. and Rosenstein: Robert L. Folks, Esq. Hearing held on motion by pre-motion conference on defts' (Weinberger/Rules) proposed motion to dismiss the complaint. On or before 1-11-02, the above listed defts. shall serve their application for leave to amend his complaint and motion to dismiss made pursuant to rule 12 of the Fed.R.Civ.P., Pltff, on or before February 16, 2002, shall serve his consolidated reply to defts' opposition and opposition to defts' Rule 12 motion; On or before March 1, 2002, defts. shall serve their reply to pltff's opposition and file all papers in respect of both motions with the Court, all in accordance with the Court's individual practice Rule 2, except as modified herein or by subsequent stipulation or applications. Any such stipulation or application shall be received by the court on or before 1-3-02. So Ordered cm (lm) [Etry date 12-12-01].

12-6-01 -- Endorsement on [22-1] letter; Application to adjourn or cancel conference denied. (Signed by Judge Denis Hurley, on 12-6-01) c/m EOD #22 (lf) [Entry date 12-11-01]

Non-docketed item: LETTER from Plaintiff to Judge Hurley re: service on Sean Carney.

12-3-01 (22) LETTER dated 11-26-01 from pltff to Judge Hurley re: the 12(b) conference should be avoided, or in the alternative adjourned until the amended complaint is decided for admittance. (lm) [Entry date 12-04-01].

UNFILED ENTRY: This document is not yet listed on the Court Docket as it has not yet been recognized by the Court as being filed.
FIRST AMENDED COMPLAINT.

11-13-01 -- Endorsed order granting [21-1] motion to schedule the pre-motion conference on 12-11-01 at 10:00 a.m. (Signed by Judge Denis Hurley, on 11-13-01) EOD# 21 CM (rb) [Entry date 11-16-01].

11-13-01 (21) Letter MOTION by Dan Resler, Jared Weinberger to schedule the pre-motion conference on 12-11-01, at a time either before or after the initial conference before USMJ Wall, Motion hearing (rb) [Entry date 11-16-01]

11-05-01 (20) ORDER, set status conference for 11:00 12-11-01 before Magistrate William D. Wall (signed by Magistrate William D. Wall, on 11-5-01) cm (lm) [Entry date 11-15-01]

11-06-01 (19) ORDER, that Before the court is the pltff's motoin to amend the complaint and a request to issue several subpoenas. The undersigned will address these matters at the initial conference scheduled for 12-11-01. The pltff is reminded that correspondence with the Court must indicate service upon all parties. If the pltff has not served a copy of the proposed amended complaint upon the defts., he must do so by 11-14-01 (signed by Magistrate William D. Wall, on 11-6-01) cm (lm) [Entry date 11-15-01]

925-01 (18) LETTER dated 9-25-01 from Pltff to the Court re: Response to a letter from Hilary Miller dtd 9-18-01 as it relates to the improperly signed motion to dismiss dtd 8-10-01, by the deft. Mr. D. Resler. (lm) [Entry date 11-14-01]

10-10-01 (17) NOTICE of MOTION TO APPROVE substitute of defendant Dan Resler's counsel of record. by Dan Resler (Resolved in doc. 15) (lm) [entry date 10-15-01].

10-2-01 (--) Endorsement [16-1] letter. Counsel is advised that a single conference shall not suffice, but that the Court will be pleased to schedule its Rule 12(b) conference either immediately before or immediately after the date and time scheduled by Judge Wall for the Rule 26(f) conference, as the parties may prefer (Signed by Judge Denis Hurley, on 10-2-01) cm (lm) [Entry date 10-04-01]

10-1-01 (16) LETTER dated 10-1-01 from Counsel for defendants to Judge Hurley re: A single conference should suffice. (lm) [Entry date 10-04-01]

10-1-01 (15) STIPULATION and ORDER, substituting attorney Hilary B. Miller for Defendant Resler (signed by Judge Denis Hurley on 10-1-01) CM (rb) [Entry date 10-04-01]

9-21-01 (14) LETTER dated 9-18-01 from Hilary Miller to USDJ Hurley re: Defendants Resler and Weinberger request a conference to determine a briefing schedule for Defendants' motion to dismiss, to determine the status of Plaintiff's amended complaint. (rb) [entry date 10-04-01]

9-27-01 (13) RETURN OF SERVICE executed as to Jared Weinberger 9-4-01. Answer due on 9-24-01 for Jared Weinberger (lm) [Entry date 09-28-01].

8-30-01 (12) LETTER dated 8-30-01 from Chambers of Magistrate Boyle to Robert Novak RE: The enclosed document is being returned dto you for the following reason: Motions/letters will not be accepted without indication of service upon all parties. (cnv) [Entry date 09-06-01]

8-27-01 (--) Case referred to Magistrate William D. Wall. (wv) [Entry date 09-06-01]

8-27-01 (--) Case reassigned to Judge Denis Hurley from Judge Seybert. Related to 01-cv-1518. Parties notified. (wv) [Entry date 09-06-01]

08-22-01 (11) ANSWER by Robert Novak to [4-2] counter claim (cnv) [Entry date 08-29-01]

8-22-01 (10) LETTER dated 8-22-01 from Robert Novak to Judge Seybert Re: I am representing myself in this matter pro se. In conversation with Allen Herzfeld, Pro Se Clerk, it has been brought to my attention that since I have a prior case filed before Judge Hurley (01cv1518) and in accord with Rule 50(e)(3) I am respectfully requested this case be transferred to Judge Hurley. (cnv) [Entry date 08-29-01]

8-17-01 (--) Endorsed order denying [7-1] motion request for a pre-motion conference to schedule briefing on its proposed motion to dismiss the counterclaim of dfts Active Window. My individual rules do not require a pre-motion conference prior to filing a motion to dismiss. Application DENIED. (Signed by Judge Joanna Seybert, on 8-1-01) EOD #7 C/M (cnv) [entry date 8-21-01]

8-17-01 (7) Letter MOTION by Robert Novak request for a pre-motion conference to schedule briefing on its proposed motion to dismiss the counterclaim of dfts Active Window. No motion hearing (cnv) [Entry date 8-21-01]

8/14/01 (6) RETURN OF SERVICE executed as to Active Window, Mark Rosenstein 6/7/01 (cnv) [Entry date 08/14/01]

8-14-01 (5) RETURN OF SERVICE executed as to Dan Resler 7-11-01; Answer due on 7-31-01 for Dan Resler (cnv) [Entry date 8-14-01]

8/10/01 (9) AFFIDAVIT of R. Daniel Resler on behalf of Dan Resler Re: in support of the [8-1] motion to dismiss the claims pursuant to Rule 12(b)(2) and 56 (cnv) [Entry date 8-27-01] Attached Exhibit A, Exhibit B, Exhibit C, Exhibit D.

8/10/01 (8) MOTION by Dan Resler to dismiss the claims pursuant to Rule 12(b)(2) and 56. No motion hearing. Motion file stamped: 8-10-01 and mailed/served: 8-9-01 (Memorandum of Points and Authorities in Support annexed) (cnv)[Entry date 8-27-01]

7/20/01 (4) ANSWER TO COMPLAINT AND COUNTERCLAIM by Active Window and Mark Rosenstein against Robert Novak

6/19/01 (3) ORDER setting scheduling conference for 11:00 on 10/5/01 before Magistrate E. T. Boyle

5/31/01 (1) COMPLAINT filed and summones issued for defendants.

* indicates item obtained through a court document retrieval service