`OFFICE
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Mailed:
`
`October 1, 2003
`
`Opposition No. 91118919
`
`STERLING SOFTWARE, INC.
`
`v.
`
`ATWOOD DANIEL COOL
`
`
`
`Thomas W. Wellington
`Interlocutory Attorney,
`Trademark Trial and Appeal Board:
`
`As reset by the Board on June 11, 2003, the deadline
`
`for filing an answer was scheduled for July 11, 2003.
`
`On August 14, 2003, applicant filed its answer.
`
`On August 27, 2003, and without having associated
`
`applicant’s answer with the proceeding filed, the Board
`
`issued a notice of default in this proceeding which allowed
`
`applicant time to show cause why default judgment should
`
`not be entered against applicant for failure to file an
`
`answer.
`
`On September 18, 2003, applicant filed a motion to
`
`suspend proceedings and reschedule the time for applicant
`
`to answer.
`
`
`
`On September 19, 2003, applicant filed a response to
`
`the notice of default and asked the Board to disregard its
`
`September 18, 2003 paper.
`
`Based on the information
`
`provided by applicant in its response, the notice of
`
`default mailed on June 11, 2003, is hereby set aside.
`
`See
`
`Fed. R. Civ. P. 55; and TBMP § 317.
`
`The motion to suspend
`
`is considered withdrawn.
`
`Applicant’s answer (filed August 14, 2003) is noted
`
`and entered.
`
`Discovery is open and the close of discovery and trial
`
`dates are reset as follows:
`
`THE PERIOD FOR DISCOVERY TO CLOSE:
`
`January 20, 2004
`
`30-day testimony period for party in
`position of plaintiff to close:
`
`April 19, 2004
`
`30-day testimony period for party in
`position of defendant to close:
`
`June 18, 2004
`
`15-day rebuttal testimony period for
`plaintiff to close:
`
`August 2, 2004
`
`In each instance, a copy of the transcript of
`
`testimony together with copies of documentary exhibits,
`
`must be served on the adverse party within thirty days
`
`after completion of the taking of testimony. Trademark
`
`Rule 2.l25.
`
`
`
`Briefs shall be filed in accordance with Trademark
`
`Rule 2.128(a) and (b). An oral hearing will be set only
`
`upon request filed as provided by Trademark Rule 2.l29.
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