NICHOLAS v. THE NATIONAL FOOTBALL LEAGUE et al

Filing 3

MEMORANDUM ORDER RE: FAILURE TO PAY FILING FEE OR FILE MOTION TO PROCEED IN FORMA PAUPERIS. Plaintiff shall pay the full filing fee or file a Motion to Proceed In Forma Pauperis on or before January 30, 2014. Failure to do so will be grounds for dismissal. Mailed to pro se Plaintiff at both addresses on record. Signed by Judge Arthur J. Schwab on 1/16/2014. (lcb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS NICHOLAS,
Plaintiff,

14cv61
ELECTRONICALLY FILED

v.
THE NATIONAL FOOTBALL LEAGUE,
NEW YORK GIANTS FOOTBALL CLUB,
INC., NEW YORK JETS FOOTBALL
CLUB, INC.
Defendants.
MEMORANDUM ORDER RE: FAILURE TO PAY FILING FEE OR
FILE IN FORMA PAUPERIS MOTION
Pro Se Plaintiff filed claims against the National Football League (“NFL”), New York
Giants Football Club Inc. (“New York Giants”), and New York Jets Football Club Inc. (“New
York Jets”) because they deceive fans because they claim to be based in New York State but
have stadiums in New Jersey. Doc. No. 2. Plaintiff alleges that he has been injured because he
has purchased over $6,500 worth of team merchandise (from 1996-2008) and was misled by the
teams’ names. Plaintiff alleges that Defendants have violated the Lanham Act, 15 U.S.C. §
1125, and “false destination of origin” and moves this Court to issue a preliminary injunction
enjoining the teams from broadcasting, marketing, merchandising, and copyrighting. Id.
The Court notes that Plaintiff has not paid the required filing fee or filed an appropriate In
Forma Pauperis Motion. Therefore, the matter is not properly before this Court. Plaintiff shall
pay the required filing fee or file an appropriate In Forma Pauperis Motion on or before January
30, 2014. Failure to do so will result in the case being dismissed. The Court will conduct its

screening function to determine if Plaintiff’s Complaint is frivolous once Plaintiff pays a filing
fee or files a Motion to Proceed In Forma Pauperis.

SO ORDERED this 16th day of January, 2014,
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

All Registered ECF Counsel and Parties
Address as of 1/16/2014
Thomas Nicholas
JB6273
301 Institution Dr.
Bellefonte, PA 16823
Address beginning on 1/20/14
Thomas Nicholas
23 Hasbrouck Ave
Butler, NJ 07405

2