COURT DOCKET - Second Lawsuit

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

06-10-04 [157] LETTER From John R. Benn to Clerk, U.S. District Court dated 6/8/04 re: To present the enclosed items for filing concerning PetsForum Group, Inc.'s Omnibus Rule 12(b), 12(e) and Rule 19 Motions to Dismiss. [Entered: 06/21/04]

04-22-04 [156] REPLY MEMORANDUM in Support re: Deft Petsforum Group, Inc. Omnibus Rule 12(b), 12(e) and Rule 19 Motions. File date: 06/10/04. Service date: 6/8/04; Filed by Petsforum Group, Inc. [Entered: 06/18/04]

04-22-04 [155] MOTION, MEMORANDUM AND SWORN DECLARATION of Robert Novak in Opposition re: Deft Petsforum Group Inc. Motions. File date: 6/10/04; Service date: (Not advised); Filed by Robert Novak. [Entered: 06/18/04]

04-22-04 [154] SUPPLEMENTAL AFFIDAVIT of Patricia Gatlin in Support re: Deft Petsforum Group, Inc. Omnibus Rule 112(b), 12(e) and Rule 19 Motions to Dismiss. File date: 6/10/04; Service date: 4/22/04; Filed by PetsForum Group, Inc. [Entered: 06/28/04]

04-22-04 [153] AFFIDAVIT of Patricia Gatlin in Support re: Deft Petsforum Group, Inc. OmnibusRule 12(b), 12(e) and Rule 19 Motions to Dismiss, filed by PetsForum Group, Inc. File date: 6/19/04; Service date: 4/22/04; Filed by PetsForum Group, Inc. [Entered: 06/18/04]

04-22-04 [152] MEMORANDUM in Support re: Deft PetsForum Group, Inc. Omnibus Rule 12(b), 12(e) and Rule 19 Motions to Dismiss. File date: 6/10/04; Service date: 4/22/04; Filed by Petsforum Group, Inc. [Entered: 06/18/04}

06-04-04 [151] LETTER from Robert Novak to Honorable Judge Denis Hurley, dated 6/1/04 re: To oppose deft Petsforum Group Inc's request for an extension of time to file an answer to Plaintiff's papers in opposition. [Entered: 06/15/04]

06-01-04 [150] LETTER from Attorney John R. Benn to Judge Denis Hurley Regarding Extension. [Entered: 06/01/04]

05-21-04 [149] LETTER from John R. Benn to The Honorable Denis R. Hurley, dated 5/18/04 re: To request that the Court issue an appropirate Order directting that no further submissions be accepted from Mr. Novak in case unless 1) clearly accompanied by an adequate certificate of service indicating all parties to whom the filing has been mailed, 2) that the service copy of the filings be timely and accurately addressed to the opposing parties, and 3) that Mr. Novak personally attest to his service efforts. [Entered: 05/27/04]

05-13-04 [147] MEMORANDUM & ORDER; On 3/26/04, the Court set a briefing schedule for Deft PetsForum Group's proposed Rule 12(b) motions to dismiss. That schedule required Plaintiff to serve his opposition upon Defendant PetsForum Group on or before 5/25/04. On 5/12/04, the Court received a letter from Plaintiff. In that letter, Plaintiff asks to suspend the briefing schedule so that he can conduct discovery as to the sufficiency of service of process and as to the lack of personal jurisdiction, two of the proposed bases for Defendant PetsForum's motion to dismiss. Plaintiff does not endeavor to explain what discovery is necessary or even that it is necessary. Plaintiff merely states that such discovery would "aid" his opposition to the PetsForum motion. On this proffer, the Court declines to suspend the briefing schedule. Plaintiff may renew this argument in his opposition to the PetsForum motion. The 3/26/04 briefing schedule shall still control. Signed by Judge Denis Hurley on 5/13/04. [Entered: 05/21/04]

05-11-04 [148] LETTER from Robert Novak to Honorable Judge Denis Hurley, dated 5/10/04 re: To advise the Court that plaintiff is unable to respond to the following motions (1) Motion to Dismiss for Lack of Personal Jurisdiction; (b) Motion to Dismiss for Insufficiency of Srvice; (c) Motion to Dismiss on the basis of Judicial Estoppel; (d) Motion to Dismiss for Failure to Join Proper Party; and/or (3) Motion for a More Definite Statement; and to to request that the Court permit Plaintiff to take expedited limited discovery on the issues and only the issues raised in the motinos. [Entered: 05/24/04]

04-28-03 [146] REPLY to Defendants opposition and submissions by Robert Novak re: [71] Memorandum in Opposition and several evidentiary submissions. [Entered: 05/17/04]

08-01-02 [145] RETURN OF SERVICE executed for two original and Amended Summons and Complaint, filed by Robert Novak. John Benn served on 6/18/02. [Entered: 05-11/04]

03-26-04 [144] ORDER; The Court has received a request from Defendant PetsForum Group file a Rule 12(b) motion to dismiss. Although required to do so under the Court's Individual Practice Rules, Plaintiff has declined to file a reply.; As such, the Court waives the pre-motion conference requirement. The parties shall conform to the following briefing schedule; Defendant PetsForum Group shall server its proposed motion upon Plaintiff on or before 4/26/04 (memorandum not to exceed 20 pages); Plaitniff shall serve any opposition to this motion on or before 5/24/04 (memorandum not to exceed 20 pages) Defendant PetsForum Group shall serve its reply on Plaintiff on or before 6/8/04 (memorandum not to exceed 10 pages); Defendant PetsForum Group 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]

02-03-04 [143] CERTIFICATE of Service for Notice of Order re [142] Memorandum & Opinion. [Entered: 2/11/04]

01-21-04 [142] MEMORANDUM & ORDER; Defts Robert Hudson and PetsForum Group, Inc. have made a motion for John Benn, Esq., to appear pro hac vice. Review of their submissions reveals compliance with the requirements of Local Civl Rule 1.3 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. Defs Robert Hudson and PetsForum Group, Inc., have provided a receipt indicating that the $25 fee was paid to the Clerk of Court for each application, aloing with the appropriate affidavits and a certificate of good standing from the governing court of each of the states in which teh attorneys are admitted to practice law. See Local Civil Rule 1.3(c). In light of the foregoing, the motions for admission pro hac vice of John Benn, Esq, is granted. By granting this motion the Court takes no position at this time as to whether Mr. Benn's representation will fun afoul of ABA Model Rule of Professional Conduct 3.7. The Clerk of the Court is directed to reflect the apearance of John Benn, Esq. on the docket as the attorney of record for Defendants Robert Hudson and PetsForum Group, Inc. The attorney admitted pro hac vice - John Benn, Esq. - shall serve a copy of this order upon all other parties remaining in this case. (Signed by Judge Denis R. Hurley on 1/21/04). [Entered: 02/02/04]

01-09-04 [141] LETTER from John R. Benn to The Honorable Denis Hurley, dated 1/5/04 re: To ask that the Court proceed at its earliest convenience with the pre-motion conference request with respect to intended Rule 12 motions involving Def PetsForum Group, Inc. [Entered: 01/21/04]

12-29-03 [140] MEMORANDUM in Response to Court's Order Concerning 28 U.S.C. 1391(b), filed by PetsForum Group, INc. [Entered: 01/12/04}

12-29-03 [139] LETTER from John R. Benn to The Honorable Denis R. Hurley, dated 12/23/03 re: To submit the enclosed Exhibits in support of his request to appear pro hac vice in this case. [Entered: 01/12/04]

12-17-03 [138] MEMORANDUM AND ORDER; On 11/25/03, the Court issued a decision that, among other things, ordered plaintiff to show cause why the case should not be dismissed or transferred due to improper venue. Plaintiff submitted a timely response to this order to show cause. Plaintiff's response provided no useful discussion of the venue standard. However, the Court's own research indicates that, in cases involving allegations of trademark infringement over the internet, an adequate showing of personal jurisdiction also suffices to demonstrate the properiety of venue. Since the instant case involves a similar fatual context, and since personal jurisdiction is established for all remaining defendants, the Court declines to transfer or dismiss this case on the basis that venue is improper in this district. (Signed by Judge Denis Hurley on 12/17/03). [Entered: 01/08/04]

12-17-03 [136A] Endorsed ORDER on [136] Motion; denying [136] Motion for Leave to Appear. Application DENIED for failure to comply with Local rule 1.3. (Signed by Judge Denis Hurley on 12/17/03). [Entered: 01/08/04]

12-15-03 [137] Proposed ORDER TO SHOW CAUSE as to Proper Venue/Oran Argument Requested, filed by Robert Novak. (Not signed by Chambers, on 12/15/03). [Entered: 01/08/04]

12-10-03 [136] MOTION for Leave to Appear Pro Hac Vice by John R. Benn on behalf of Robert Hudson, filed by Robert Hudson. File date: 12/17/03; Service date: 12/10/03, Modified on 1/8/04. [Entered: 01/08/04]

12-10-03 [135] NOTICE of Motion for Leave to Appear Pro Hac Vice by John R. Benn on behalf of Robert Hudson, filed by Robert Hudson. Modified on 1/8/04. File date: 12/15/03; Service date: 12/10/03. [Entered: 01/08/04]

12-15-03 [134] LETTER from John R. Benn to Clerk of the U.S. District Court, dated 12/10/03 re: To request to submit the following enclosed for filing in the above-referenced case: Motion for Leave to Appear Pro Hac Vice; Notice of Motion for Leave to Appear Pro Hac Vice. [Entered: 01/08/04]

12-15-03 [133] LETTER from John R. Benn to the Honorable Denis R. Hurley, dated 12/11/03 re: To advise the Court that their office staff had inadvertently included "Case Number: CV 01-3566 (DRH)(WDW)" in the captino of counsel's letter request for a Pre-Motion Conferen ce in case and case CV 02-2978. [Entered: 01/06/04]

12-08-03 [132] 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]

11-25-03 [131] MEMORANDUM and ORDER Denying as moot the [107] Motion to Strike evidentiary submissions filed by John Benn, Denying [94] Motion to Dismiss filed by Robert Hudson, Granting the [123] Motion to Dismiss filed by Active Window Publications, Inc., Granting the [109] Motion to Dismiss for lack of personal jurisdiction FRCP Rule 12(b)(2) filed by Ann Hahn, Granting the [116] Motion to Dismiss filed by Gregory Gooden, Denying the [57] Motion for Default Judgment as to PetsForum Group, Inc. filed by Robert Novak, Granting [119] Motion to Dismiss filed by Erik Olson, Granting [104] Motion to Dismiss Pursuant to 12(b)(6) Motion to dismiss for failure to state a claim upon which relief can be grantedfiled by John Benn, Granting [98] Motion to Dismiss filed by John Benn, Granting [112] Motion to Dismiss filed by Cynthia S. Powers. (Signed by Judge Denis R. Hurley on 11/24/03) [Entered: 11/25/03]

10-17-03 [130] REPLY Memorandum in support of the Defendant's Omnibus Rule 12(b), 12(e) and Rule 19 motions to dismiss. [Entered: 10/17/03]

10-08-03 [129] LETTER dtd 7/18/03 from Cynthia Powers to Judge Hurley regarding Plaintiff has failed to comply with the Order of 5/27/03. [Entered: 10/08/03]

10-07-03 [128] LETTER motion dtd 7/18/03 from Robert Hudson to Judge Hurely regarding request to join in the recently filed motion for sanctions by defendants, Active Window Productions and Mark Rosenstein, in 01cv3566. [Entered: 10/07/03]

08-11-03 [127] REPLY in Support re: Motion to Dismiss by Active Window Publications, Inc., Mark Rosenstein. [Entered: 09/15/03]

08-11-03 [126] AFFIDAVIT of Mark Rosenstein in reply to Plaintiffs Memorandum in Opposition [Entered: 09/15/03]

08-11-03 [125] MEMORANDUM in Opposition re: Motion to Dismiss by Robert Novak. [Entered: 09/15/03]

08-11-03 [124] MEMORANDUM in Support re Motion to Dismiss by Active Window Publications, Inc., Mark Rosenstein. [Entered: 09/15/03]

08-11-03 [123] MOTION to Dismiss by Active Window Publications, Inc., Mark Rosenstein, modified on 9/15/03. [Entered: 09/15/03]

08-11-03 [122] AFFIDAVIT in Support re Motion to Dismiss by Erick Olson. [Entered: 09/15/03]

08-11-03 [121} REPLY in opposition to Motion to Dismiss by Robert Novak. [Entered: 09/15/03]

08-11-03 [120] MEMORANDUM in Opposition re Motion to Dismiss by Robert Novak. [Entered: 09/15/03]

08-11-03 [119] MOTION to Dismiss by Erik Olson. [Entered: 09/15/03]

08-11-03 [118] MEMORANDUM in Opposition re Motion to Dismiss by Robert Novak and Annex. [Entered: 09/15/03]

08-11-03 [117] AFFIDAVIT of Michael Chandler in Support re Motion to Dismiss by Annex Technologies, Inc. [Entered: 09/15/03]

08-11-03 [116] MOTION to Dismiss by Gregoary Gooden and Annex, Modified on 9/15/03. [Entered: 09/15/03]

08-11-03 [115] MEMORANDUM in Opposition re: Motion to Dismiss by Robert Novak. [Entered: 09/15/03]

08-11-03 [114] MEMORANDUM in Support re Motion to Dismiss by Cynthia S. Powers. [Entered: 09/15/03]

08-11-03 [113] AFFIDAVIT in Support re Motion to Dismiss by Cynthia S. Powers. [Entered: 09/15/03]

08-11-03 [112] MOTION to Dismiss by Cynthia S. Powers. [Entered: 09/15/03]

08-11-03 [111] REPLY in Support re Motion to Dismiss for lack of personal jurisdiction FRCP 12(b)(2) by Ann Hahn. [Entered: 09/15/03]

08-11-03 [110] MEMORANDUM in Opposition re Motion to Dismiss for lack of personal jurisdictionFRCP Rule 12(b)(2) by Ann Hahn. [Entered: 09/15/03]

08-11-03 [109] MOTION to Dismiss for lack of personal jurisdiction FRCP Rule 12(b)(2) by Ann Hahn. [Entered: 09/15/03]

08-11-03 [108] REPLY in Support re Motion t Dismiss Pursuant to 12(b)(6) Motion to dismisss for failure to state a claim upon which relief can be granted. Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [107] MOTION to Strike Notice (other), evidentiary submissions by John Benn. [Entered: 09/15/03]

08-11-03 [106] MEMORANDUM in Opposition re Motion to Dismiss by Robert Novak. [Entered: 09/15/03]

08-11-03 [105] MEMORANDUM in Support re Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [104] MOTION to Dismiss Pursuant to 12(b0(6) Motion to dismiss for failure to state a claim upon which relief can be granted by John Benn. [Entered: 09/15/03]

08-11-03 [103] THIRD Affidavit in Support re Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [102] SECOND Affidavit in Support re; Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [101] FIRST Affidavit in Support re: Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [100] JOINT Evidentiary Submission by John Benn in support of the Motion to Dismiss. [Entered: 09/15/03]
.....Tab A - New York Department of State Entity Information - Pet Net, Inc
.....Tab B - New York Department of State Entity Information - PetsWarehouse.com, Inc.
.....Tab C - New York Department of State Entity Information - Pets Warehouse, Inc.
.....Tab D - New York Department of State Entity Information - Pet 4 Less Warehouse, Inc.
.....Tab E - Petswarehouse.com web site noted "Copyright 1997-2001 Pet Net, Inc.
.....Tab F - Petswarehouse.com web site noted "Copyright 1997-2001 Pet Net, Inc." as of August 30, 2001
.....Tab G - Petswarehouse.com web claiming "Petswarehouse.com" being in business since 1974 as well as claiming two (2) retail locations
.....Tab H - Petswarehouse.com, Inc. General Announcement
.....Tab I - E-mail from Robert Novak, President of Pets Warehouse, Inc. claiming the company "being in business since 1974".
.....Tab J - Novak's Chapter 7 Bankruptcy Petition signed 8/24/93
.....Tab K - Trustee's Report "No Assets" signed 3/23/94
.....Tab L - Novak's Amended Schedules filed 12/4/95
.....Tab M - Novak's Amended Schedules filed 1/30/96
.....Tab N - Novak's Amended Schedules filed 5/23/96
.....Tab O - Thawte SSL Web Server Certificate for www.petswarehosue.com issued to Pets Warehouse New York, Inc.
.....Tab P- NYS Department of State Corporate Entity Information Pets Warehouse New York, Inc.
.....Tab Q - WHOIS Internet Record for Petswareouse.com
.....Tab R - United States Patent and Trademark Office Information for "Pets Warehouse"
.....Tab S - Suffolk County Clerk business license for Robert Novak d/b/a petswarehouse.com
.....Tab T - January 24, 2003 "Company Information" web page for petswarehouse.com
.....Tab U - November 26, 2002 petswarehouse.com web pages claiming copyright by Petswarehouse.com, Inc.
.....Tab V - Thawte SSL Web Server Certificate for www.petswarehouse.com issued to Pet Net, Inc.
.....Tab W - May 2, 2002 petswarehouse.com web pages claiming copyright by Pet Warehouse NY, Inc.
.....Tab X - Report and Notice of Trustee In Re Novak, Case No. 093-727748-511 (E.D.N.Y. noting Plaintiff Novak's Failure to list a Sailboat as an asset and Novak's failure to list lawsuit in which he was plaintiff as an assett
.....Tab Y - Plaintiff Novak's Answer in Benn v.Novak, CV-2002-184 Colbert County, Alabama in which Novak claims not to have any employees involved with his business
.....Tab Z - Novak's Disclosure Statement March 29, 1996 in Bankruptcy Case 093-72748511

08-11-03 [99] MEMORANDUM in Support re Motion to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [98] MOTION to Dismiss by John Benn. [Entered: 09/15/03]

08-11-03 [97] MEMORANDUM in Opposition re Motion to Dismiss by Robert Hudson. [Entered: 09/15/03]

08-11-03 [96] MEMORANDUM in Support re: Motion to Dismiss by Robert Hudson. [Entered: 09/15/03]

08-11-03 [95] AFFIDAVIT in Support re Motion to Dismiss by Robert Hudson. [Entered: 09/15/03]

08-11-03 [94] MOTION to Dismiss by Robert Hudson. [Entered: 09/15/03]

08-11-03 [93] LETTER dtd 8/11/03 f rom Robert Novak to Judge Hurley Regarding: A list of documents that have been submitted pursuant to the Order of Judge Hurley dtd 5/27/03. [Entered: 09/15/03]

08-08-03 [92] LETTER dated 8/5/03 from John Benn to Judge Hurley Regarding a motion to strike with supporting papers has been submitted to Plaintiff. [Entered: 08/27/03]

08-04-03 [91] CERTIFICATE of Service by Defendants of reply papers upon the plaintiff on 5/27/03. [Entered: 08/26/03]

07-24-03 [90] LETTER dated 7/22/03 from Ann Hahn to Judge Hurley Regarding: Plaintiff submitted to the Defendant the following documents in his packages of opposition briefs to dismissal motions: Motion with supporting papers. [Entered: 08/12/03]

07-15-03 [89] LETTER dtd 7/14/03 from Robert Novak to Judge Hurley Regarind Pursuant to the Order of 5/27/03 the opposition briefs were served on all defendants on 7/10/03 relevant to their motions to dismiss. [Entered: 08/08/03]

07-07-03 [88] LETTER from Cynthia Powers to Judge Hurley Regarding Request to join in the recently filed motion for sanctions. [Entered: 07/15/03]

06-30-03 [87] LETTER from Counsel for Defendant to Judge Hurley Regarding Request for a stay of some actions pending in the Eastern District of New York: 02-5164 and 01-3566. [Entered: 07/10/03]

06-30-03 [86] LETTER from John Benn to Judge Hurley Regarding Request to join the motion for sanctions. [Entered: 07/10/03]

06-30-03 [85] LETTER from Counsel for Defendant to Judge Hurley Regarding Request for Injunctive relieft set forth in the June 25, 2003 letter to the Court from Defendant John R. Benn, which too, requests to join Active Window Publications/Mark Rosenstein motion. [Entered: 07/10/03]

05-27-03 [84] ORDER that Plaintiff's motion for a stay of the proceedings is denied. Signed by Judge Denis R. Hurley on 5/27/03. [Entered: 06/11/03]

05-23-03 [83] LETTER from Ann Hahn to Judge Hurley Regarding Request that the Court consider immediately accepting the filing of defendants' moving papers and undertake consideration of the merits of the dismissal motions without any opposition items from the plaintiff. [Entered: 06/10/03]

05-23-03 [82] LETTER from Cynthia Kouril to Judge Hurley Regarding Request for a conference. [Entered: 06/10/03]

05-22-03 [81] LETTER from John R. Benn to Judge Hurley Regarding Counsel has not received reply papers concerning the pending dismissal motions before the Court. [Entered: 06/10/03]

05-19-03 [80] LETTER from James Ellis Arden to Judge Hurley Regarding Objection to the application by Plaintiff for a stay. [Entered: 06/10/03]

05-14-03 [79] LETTER from Counsel for Annex Technologies and Gregory Gooden to Judge Hurley Regarding Counsel is not receiving documents tthat have been filed with the Court from Plaintiff. [Entered: 06/10/03]

05-14-03 [78] LETTER from Counsel for Active Window Productions and Mark Rosenstein to Judge Hurley Regarding Opposition to application by plaintiff for a stay. [Entered: 06/10/03]

05-15-03 [77] LETTER from John Benn to Judge Hurley Regarding Opposition to plaintiff's request for a stay. [Entered: 06/10/03]

05-15-03 [76] LETTER from Ann Hahn to Judge Hurley Regarding Request that the Court deny the plaintiff's request to stay proceedings. [Entered: 06/10/03]

05-19-03 [75] LETTER from John R. Benn to Judge Hurley Regarding opposing plaintiff's recent letter requesting a stay of this case. [Entered: 06/09/03]

05-13-03 [74] LETTER dated 5/9/03 from James Ellis Arden to Hon. Denis R. Jurley re: objecting to the failure of service of letter of Robert Novak requesting a stay of this action. [Entered: 06/04/03]

05-21-03 [73] LETTER dtd 4/21/03 from Counsel for defendant to Judge Hurley re: Plaintiff has not submitted his response to the dismissal motions. [Entered: 05/21/03]

05-16-03 [72] NOTICE of evidentiary submissions by John Benn in support of the [71] Memorandum in Opposition to Plaintiff's motion for default judgment. [Entered: 05/16/03]

05-16-03 [71] MEMORANDUM in Opposition re [57] Motion for Default Judgment as to PetsForum Group, Inc. by John Benn. [Entered: 05/16/03]

05-16-03 [70] LETTER dtd 4/25/03 from John R. Benn to the Clerk re: Enclosed Opposition to Plaintiff's Motion For Default Judgment and evidentiary submissions in support of PetsForum Group's opposition to Plaintiff's Motion for Default. [Entered: 05/16/03]

05-02-03 [69] CONSENT to Electronic Case Filing submitted by John R. Benn, Esq. as counsel for PetsForum Group, Inc. and pro se [Entered: 05/08/03]

04-09-03 [68] Mail Returned as Undeliverable. (Order dtd 4/19/030). [Entered: 05/01/03]

04-28-03 [67] NOTICE of Appearance by John R. Benn on behalf of PetsForum Group, Inc. [Entered: 04/28/03]

04-28-03 [66] LETTER dtd 4/156/03 from John R. Benn to Mr. Novak re: It is inappropriate to use the home address in serving papers. Counsel has never consented to having papers sent to his home. [Entered: 04/28/03]

04-14-03 [65] CERTIFICATE OF SERVICE re: Order admitting John R. Benn as counsel for Petsforum Group, Inc. [Entered: 04/23/03]

04-09-03 [64] LETTER dated 4/8/03 from plaintiff to Judge Hurley re: request for the following changes to the scheduling order: Plaintiff's moving papers in opposition, May 15, 2003, Defendant's reply, 6/6/03. 4/9/03) Modified on 4/22/03. [Entered: 4/22/03]

04-09-03 ORDER Granting request in [64] Letter motion for change in the scheduling order: Plaintiff's moving papers due 5/15/03, Defendant's reply 6/6/03. (Signed by Judge Denis R. Hurley on 4/9/03). [Entered: 04/22/03]

04-07-03 [63] ORDER granting [62] Motion for Leave to Appear Pro Hac Vice. (Signed by Judge Denis R. Hurley on 4/7/03). [Entered: 4/18/03]

03-31-03 [62] MOTION for Leave to Appear Pro Hac Vice as to John R. Benn by PetsForum Group, Inc. [Entered: 04/18/03]

04-14-03 [61] AFFIDAVIT in Opposition re: 1 Complaint by Thomas Barr. [Entry date: 04/17/03]

04-17-03 [60] CERTIFICATE OF SERVICE by Robert Novak re: [57] Motion for Default Judgment as to Pets Forum Group, Inc. [Entered: 04/17/03]

04-17-03 [59] AFFIDAVIT in Support re: [57] Motion for Default Judgment as to Pets Forum Group, Inc. by Robert Novak. [Entered: 04/17/03]

04-17-03 [58] MEMORANDUM in Support re [57] Motion for Default Judgment as to Pets Forum Group, Inc. by Robert Novak [Entered: 04/17/03]

04-17-03 [57] MOTION for Default Judgment as to Pets Forum Group, Inc. by Robert Novak. [Entered: 04/17/03]

04-17-03 [56] LETTER dtd 4/11/03 from Counsel for PetsForum Group to Judge Hurley re: Request for a pre-motion conference in this case. [Entered: 04/17/03]

04-11-03 [55] LETTER dtd 3/14/03 from plaintiff to Judge Hurley re: status of case. [Entered: 04/11/03]

03-10-03 [54] NOTICE of Sur Reply to Plaintiff's request for pre-motion conference for default by John Benn. (Entered: 03/26/03)

03-18-03 [53] ORDER dtd 3/18/03 that the requirement of a pre-motion conference is waived. Plaintiff shall serve his notice of motion, appropriate default papers, and a memorandum (not to exceed 10 pages) explaining why default is the appropriate in this case via U.S. mail, on or b efore 4/15/03. Plaintiff shall file originals and courtesy coupies for the Court of his notice of motion, the appropriate default papers, and the memorandum on 4/17/03. (Signed by Judge Denis R. Hurley on 3/18/03). (Entered: 03/26/03)

2-18-03 [52] MAIL returned as Undeliverable (Entered: 03/20/03)

02-16-03 [51] LETTER dtd 2/24/03 from Robert Novak to Judge Hurley re: On January 27th 2003, Defendant Pets Forum Group had an Alabama Attorney J. Benn send a letter in response to plaintiffs; motion for default. This attorney is not and has not been admitted in the EDNY. This letter must be stricken from the record due the fact that any corporation must be represented by counsel admitted to the EDNY or admitted Pro Hace Vice. (Entered: 06/06/03)

02-27-03 [50] LETTER dtd 2/24/03 from John R. Benn to Mr. Ott re: Counsel has not had a response from Mr. Novak or received a copy of the Missing filings that were detailed in the letter received. (Entered: 03/06/03)

02/24/03 [49] NOTICE by Erik Olson of consent to service by Electronic Means. (Entered: 03/03/03)

01-30-03 [48] LETTER dtd 1/27/03 from John R. Benn to Judge Hurley re: Response to Plaintiff Novak's recent pre-motion letter concerning default judgments. There has been no legal service on the PetsForum Group, Inc. Plaintiff Novak is not entitled to a default judgment and the Court should deny plaintiff Novak's request for default. (Entered: 02/13/03)

01-28-03 [47] MINUTE ENTRY CASE CALLED. For Plaintiff-Pro Se. For Defendant - Jim Arden, John Benn, Erick Olsen, Pro Se Robert Hudson, Cynthia Powers, Cynthia Kouril, Pro Se Ann Hahn. Defendants shall serve 3 copies of the contemplated motions on plaintiff on or before 3/4/03. With regard to joinder issues raised by this motions, plaintiff shall serve a single opposition on all defendants with all required indicia of service including a certificiate of service with regards to all other motiions, plaintiff shall serve a reply to each, with a certificate of service, on all defendants; all of plaintiff's opposition papers shall be served on or before 4/15/03; Defendants shall serve 3 copies of their replies on plaintiff on or before 5/6/03; Plaintiff shall file originals and courtesy copies for the court on 5/8/03, for proceedings held before Denis R. Hurley : Pre Motion Conference held on 1/28/03. (Entered: 02/11/03)

11-19-02 [46] LETTER dtd 11/18/02 from Robert Novak to Judge Hurley re: Opposition to the applications for a 12(b) and 11(a) motions. (Entered: 02/11/03)

11-15-02 [45] LETTER dtd 11/15/02 from Ann Hahn to Judge Hurley re: Request for a Pre-motion conference - 19(a) motion to join Necessary parties - Pets Warehouse & Pets 4 Less Warehouse (Entered: 11/21/02)

11-08-02 [44] LETTER dtd 11/6/02 from Counsel for Mark Rosenstein and Active Windw re: Request for a pre-motion conference concerning a proposed motion under Rule 12(b) of the Federal Rules of Civil Procedure. (Entered: 02/11/03)

10-02-02 [43] LETTER dtd 10/2/02 from Counsel for Annex Telecommunications to Judge Hurley re: Request for a pre-motion conference for a motion to dismiss. (Entered: 02/11/03)

1-24-03 [42] LETTER dated 1/22/03 from Robert Novak to Judge Hurley re: Request for a pre-motion conference, in advance, of a motion for default judgment against three defendants pursuant to FRCP 55(b)(2). (Entered: 02/03/03)

1-28-03 [41] ORDER dismissing all claims against Defendant Bechtel Corporation with prejudice, pursuant to the terms of a confidential Settlement Agreement, with each party to bear their own costs and attorney's fees. Signed by Judge Denis R. Hurley on 1/17/03. (Entered: 01/28/03)

1-28-03 [40] ORDER dismissing all claims against Defendant Steve Dixon with prejudice, pusuant to the terms of a confidential Settlement Agreement, with each party to bear their own costs and attorney's fees. Signed by Judge Hurley on 1/17/03. (Entered: 01/28/03)

12-16-02 [39] LETTER dated 12/11/02 from John R. Benn to Judge Hurley Re: Request that the Court consider entering an Order directing the Clerk to refuse any further pleadings/submissions from pltff Novak which fail to have a full signature or pltff or fail to include a full Certificate of Service indicating the date, method and list of all parties who have been provided with a copy of the document. (Entered: 12/31/02)

11-25-02 [38] SUMMONS Returned Executed by Robert Novak. Steven T. Dixon served on 11/5/02; answer due 11/25/02. (Entered: 12/03/02)

10-16-02 [37] SUMMONS Returned Executed by Robert Novak. Erik Olson served on 9/26/02; answer due 10/16/02. (Entered: 12/03/02)

10-16-02 [36] SUMMONS Returned Executed by Robert Novak. Gregory Gooden served on 10/8/02; answer due 10/28/02. (Entered: 12/03/02)

11-06-02 [35] SUMMONS Returned Executed by Robert Novak. Thomas Barr served on 10/21/02; answer due11/12/02. (Entered: 11/13/02)

11-18-02 [34] LETTER dtd 11/14/02 from Duaen Menting to USDJ Hurley RE: A person left documents at my home for Thomas Barr. Thomas Barr does not live at this location. He has moved and is attending a university in another state as of sometime in 8/02. (Entered: 11/22/02)

11-18-02 [33] LETTER dtd 11/15/02 from Pro Se Defendant to Judge Hurley re: Request for a Pre-motion conference - 19(a) motiont o join Necessary parties - Pets Warehouse & Pets 4 Less Warehouse. (Entered: 11/21/02)

-12-02 [32] LETTER dated 11/5/02 from Robert Hudson to Judge Hurley re: Request for a telephonic pre-motion conference. (Entered: 11/15/02)

11-12-02 [31] LETTER dated 11/6/02 from Counsel for Gregory Gooden to Judge Hurley re: Request for a pre-motion telephonic conference on behalf of Mr. Gooden to dismiss the amended complaint. (Entered: 11/15/02)

11-04-02 [xx] ORDER re [27] Letter. Plaintiff shall reply to the enclosed request for a pre-motion conference on or before 11/19/02 by expressing any objections in a letter sent to the Court and all parties. Signed by Judge Denis R. Hurley on 11/4/02. (Entered: 11/12/02)

11-01-02 [30] LETTER dtd 10/31/02 from Ann Han to Judge Hurley re: The packet received from plaintiff did not have any signature on any of the documents. (Entered: 11/13/02)

11-02-02 [29] LETTER dtd 11/1/02 from Paintiff to Judge Hurley re: Response to letters from Mr. Benn and Ann Han regarding certain documents served upon them lacking a signature. Additional copies have been sent with the signature on them. (Entered: 11/13/02)

11-06-02 [28] SUMMONS Returned Executed by Robert Novak. Thomas Barr served on 10/21/02, answer due 11/12/02. (Entered: 11/13/02)

10-29-02 [27] LETTER dtd 10/29/02 from John Benn to Judge Hurley re: Second request for pre-motion conference. (Entered: 11/12/02)

11-07-02 (26) CONSENT to Electronic Case Filing filedby Cynthia A. Kouril and Robert L. Folks on behalf of Mark Rosenstein and Active Window Publications (Entered: 11/07/02)

11-06-02 (25) LETTER dates Nov. 6, 2002 from Cynthia Kouril, Esq., on behalf of Mark Rosenstein and Active Window Productions, Inc., (misidentified in the complaint as "Active Window Publications, Inc."), requesting a pre-motion conference concernin ga proposed motion under R. 12(b), FRCP, as well as a motion to strike Pltf's pleadings under R. 11(a). (Filed by Vaughn, Terry, at the request of Ms. Kouril) Modified on 11/7/02 to indicate that a ECF Registration Form was e-mailed to Ms. Kouril. (Entered: 11/06/02)

10-29-02 (24) SUMMONS Retrurned by Robert Novak, Robert Hudson served on 10/17/02, answer due 11/6/02. (Entered: 11/04/02)

10-10-02 (23) SUMMONS Returned Executed by Robert Novak. John Benn served 10/10/2002, answer due 10/30/2002. (Entered: 10/31/02)

10-29-02 (22) SUMMONS Returned Executed by Robert Novak. Active Window Publications, Inc. served on 10/23/2002, answer due 11/12/02. (Entered: 10/31/02)

10-29-02 (21) SUMMONS Returned Executed by Robert Novak. Robert Hudson served on 10/17/2002. (Entered: 10/31/2002)

10-29-02 (20) SUMMONS Returned Executed by Robert Novak. Mark Rosenstein served on 10/17/2002. (Entered: 10/31/02)

10-16-02 (19) Plaintiff's MOTION for extension of time to file return of service as to the remaining party defendants; Thomas Barr, Steve Discon and Active Window Publications filed by pro se Robert Novak. (Entered: 10/28/02)

10-18/02 (18) LETTER dtd 10/15/02 from Counsel for Annex Technologies to Judge Hurley re: Enclosed Certificate of the Clerk of the Supreme Court of the State of California per the condition attached to the order admitting Mr. Arden Pro Hac Vice. (Entered: 10/28/02)

10-18-02 (17) LETTER from Erik D. Olson to Judge Hurley re: Request for a pre-motion conferece. (Entered: 10/28/02)

10-16-02 (16) SUMMONS Returned by pro se Robert Novak. Vince Chan served on 10/1/2002, answer due 10/21/2002 filed by pro se Robert Novak . (Mierzewski, Elizabeth) (Entered: 10/04/2002)

10-17-02 (15) LETTER dtd 10/14/02 from Erik D. Olson to Judge Jurley re: Request for a pre-motionconfererence with respect to the intended motions to dismiss. (Entered: 10/23/2002)

09--26-02 (14) ORDER entered on 9/26/2002 granting motion for leave for James Ellis Arden to appear Pro Hac Vice, provided that he submit a Certificate of Good Standing of the bar of the Supreme Court of California vice. Fee of 25.00. Receipt #266812 (Mierzejewski, Elizabeth) (Entered: 10/04/2002)

09-13-02 (13) AFFIDAVIT in support of the motion for James Arden to appear Pro Hac Vice for the Plaintiff filed by pro se Robert Novak. (Related document(s) 12) (Mierzejewski, Elizabeth) Modified on 10/4/2002 (Mierzejewski, Elizabeth). (Entered: 10/04/2002)

09-09-02 (12) Plaintiff's MOTION for leave to appear pro hac vice as to James Ellis Arden filed by pro se Robert Novak. (Mierzejewski, Elizabeth) (Entered: 10/04/2002)

09-26-02 (11) ORDER; endorsed on document #10 that Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure the time in which plaintiff shall effect service of summons and complaint upon the defendants is extended to and including 10/17/02. (Signed by Judge Denis R. Hurley on 9/26/02) cm (Mierrzekewski, Elizabeth)(Entered: 10/04/2002)

09-18-02 (10) LETTER dtd 9/10/02 from plaintiff to Judge Hurley re: Request for extension of time to effect service on the defendants. (Mierzejewski, Elizabeth)(Entered: 10/04//2002)

09-23--02 (9) Notice of REQUEST for a Pre-Motion Conference Pursuant to Rule 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction filed by Ann Hahn. (Mierzejewski, Elizabeth) (Entered: 09-25-2002). (pdf format)

08-15-02 (8) SUMMONS Returned Executed by pro se Robert Novak. Bechtel Corporation served on 8-15-2002, answer due 9-4-2002 filed by pro se Robert Novak. (Mierzejewski, Elizabeth) (Entered: 09-24-2002).

08-05-02 (7) NOTICE of Request for a Pre-Motion Conference filed by Cynthia S. Powers. (Mierzejewski, Elizabeth) (Entered: 08-19-2002).

08-02-02 (6) SUMMONS Returned Executed by pro se Robert Novak. Cynthia S. Powers served on 7-17-2002, answer due 8-6-2002 filed by pro se Robert Novak. (Mierzejewski, Elizabeth) (Entered 08-05-2002).

07-29-02 (5) LETTER dtd 7-29-02 from Gregory L. Stelzer to Mr. Benn re: The materials sent to the Court, (motion to dismiss for lack of personal jurisdiction, with supporting papers) are being returned for the same reason recited in the correspondence dtd 7-16-02. (Mierzejewski, Elizabeth) (Entered: 08-05-2002). (pdf format)

07-25-02 (4) LETTER dtd 7-24-02 from John R. Benn to Judge Hurley re: Request for a pre-motion conference with respect to intended 12(b) motions. Request that the conference be held telephonically, due to the distances involved. (Mierzejewski, Elizabeth) (Entered: 07-30-2002).

07-16-02 (2) LETTER dtd 7-16-02 from Gregory Stelzer to Mr. Benn re: Because the Motion papers were filed in contravention of this Court's clearly articulated procedures, they are being returned undocketed and without consideration. (Mierzejewski, Elizabeth) (Entered: 07-18-2002)

06-05-02 (3) AMENDED COMPLAINT. Filed by pro se Robert Novak. (Related document(s) 1) (Mierzejewski, Elizabeth) (Entered: 07-22-2002)

05-1702 (1) COMPLAINT (PDF) filed and summons issued as to defendant(s) Active Window Publications, Inc., Thomas Barr, Vince Chan, John Doe, Ann Hahn, Robert Hudson, Cynthia S. Powers, Mary Roe, Mark Rosenstein. Filing fee $150.00. Receipt number: 6237. Filed by pro se Robert Novak. (Attchments: #1 Civil Cover Sheet) (Duong, Susan) Modified on 7-2-2002 (Duong, Susan). (Entered: 05-20-2002)