Yellow Book USA Inc et al v. Brandeberry

Filing 148

ENTRY AND ORDER RESETTING BRANDEBERRY'S SHOW CAUSE HEARING FOR MARCH 25, 2014. Show Cause Hearing RESET for 3/25/2014 at 1:30 PM in Courtroom 2 - Dayton before Judge Thomas M Rose. Signed by Judge Thomas M Rose on 2/14/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
YELLOW BOOK USA, INC., et al.,
Case No. 3:10-CV-025
Plaintiffs,
Judge Thomas M. Rose
-vSTEVEN M. BRANDEBERRY,
Defendant.
______________________________________________________________________________
ENTRY AND ORDER RESETTING BRANDEBERRY’S SHOW CAUSE
HEARING FOR MARCH 25, 2014
______________________________________________________________________________
On December 17, 2013, this Court issued a Third Amended Order To Show Cause. (Doc.
#143.) Therein, Steven M. Brandeberry (“Brandeberry”) was ordered to appear before this Court
on Friday, January 24, 2014, to show cause as to why he should not be held in contempt for
failing to respond to this Court’s Second Amended Show Cause Order. On January 6, 2014,
Brandeberry’s Show Cause Hearing was reset to February 25, 2014. (Doc. #145)
The Second Amended Show Cause Order required Brandeberry to show cause as to why
he should not be held in contempt of this Court’s order that he make a written report under oath
setting forth in detail the manner and form in which he has complied with the Permanent
Injunction that is part of the Final Judgement in this matter. (Doc. #140.)
In an un-notarized letter dated November 19, 2013, and received by this Court on January
2, 2013, Brandeberry indicates that he has complied with the Permanent Injunction that is part of
the Final Judgment except that he has not yet assigned the AMTEL name to Yellowbook. (Doc.
#144.) This letter indicates that Brandeberry believes that he will need a clear address for
Yellowbook to assign the mark to Yellowbook.

The Permanent Injunction that is part of the Final Judgment asserts that Brandeberry
must “immediately assign to Yellowbook and/or cancel the AMTEL trademark registration with
the Ohio Secretary of State. The Court fails to see why Brandeberry needs “some clear address”
for Yellowbook to cancel the AMTEL trademark registration with the Ohio Secretary of State.
Further, at this point, taking any action regarding this trademark does not show cause as
to why Brandeberry should be held in contempt for failing to comply with this Court’s Order.
Thus, an action for contempt of Court against Brandeberry is still pending.
However, in the interests of justice and of finally closing this case, Brandeberry is given
another thirty (30) days from entry of this Order to “immediately assign to Yellowbook and/or
cancel the AMTEL trademark registration with the Ohio Secretary of State.” Yellowbook was
ordered to immediately provide an address to Brandeberry so that he can assign the AMTEL
trademark to it if he so wishes. Yellowbook now indicates that it has done so. (Doc. #146.)
Finally, Brandeberry was ordered to appear before this Court on Tuesday, February 25,
2014 at 9:30 a.m. to show cause as to why he should not be held in contempt. However, because
Brandeberry did not pick up at least some of his certified mail, the Court cannot confirm that he
received the Order requiring him to appear on February 25, 2014. Therefore, Brandeberry’s
Show Cause Hearing is reset for March 25, 2014. Brandeberry is order to appear before the
Court on March 25, 2014 at 1:30 p.m. in Courtroom #2 of the Federal Building at 200 West
Second Street in Dayton, Ohio, to show cause as to why he should not be held in contempt of
Court.
Further, the Court is ordering the U.S. Marshal to serve this Order on Brandeberry and
confirm that it has done so. Should Brandeberry make a written report to the Court under oath

-2-

that he has complied with the Permanent Injunction, particularly the item requiring transfer or
cancellation of the AMTEL trademark registration, the Court may, in its discretion, cancel the
March 25, 2014 hearing.
DONE and ORDERED in Dayton, Ohio this Fourteenth Day of February, 2014.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record and Steven M. Brandeberry

-3-