Yellow Book USA Inc et al v. Brandeberry

Filing 152

ENTRY AND ORDER GIVING BRANDEBERRY TEN (10) DAYS TO RESPOND OR A WARRANT WILL BE ISSUED FOR HIS ARREST. Signed by Judge Thomas M Rose on 3/26/14. (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 GIVING BRANDEBERRY TEN (10) DAYS TO
RESPOND OR A WARRANT WILL BE ISSUED FOR HIS ARREST
______________________________________________________________________________
Steven M. Brandeberry (“Brandeberry”) was ordered to appear and 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. A show cause hearing was set for March 25, 2014. (Doc. #148.)
Brandeberry was required to 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 Judgment in this matter. (Doc. #140.) In an un-notarized letter dated November 19, 2013,
and received by the 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 (now known as hibu Inc.). (Doc. #144.) Brandeberry’s letter
indicates that he believes that he will need a clear address for Yellowbook so that he can assign
the mark to Yellowbook. That “clear” address has now been provided to him by Yellowbook.
(Doc. #146.)
Brandeberry elected to not attend the Show Cause Hearing that was conducted on March
25, 2014. Brandeberry’s attendance at the show cause hearing was ordered by the Court.

On the morning of March 25, 2014, the Court received two completed forms that purport
to assign the mark to Yellowbook (now hibu Inc.). The forms were received via U.S. Mail and
included no further information. A return address on the envelope indicates that the forms were
from Brandeberry.
The Court does not know if these forms have been properly filed with the Ohio Secretary
of State. Thus, the Court has no evidence that Brandeberry has complied with all of the terms of
the Permanent Injunction.
Since Brandeberry has not presented evidence that he has complied with the terms of the
Permanent Injunction and since he elected to not attend the Court’s Show Cause Hearing as he
was ordered to do, he has yet to show cause as to why he should not be held in contempt of this
Court. Brandeberry has ten (10) days from the entry of this Court to provide proof that he has
complied with the terms of the Permanent Injunction, including properly transferring the mark to
hibu Inc., or a warrant will be issued for his arrest.
DONE and ORDERED in Dayton, Ohio this Twenty-Sixth Day of March, 2014.

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

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