`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mailed:
`
`November 23, 2004
`
`Opposition Nos.91116937
`91118765
`91118909
`91120690
`91124081
`91124107
`91124123
`91150163
`91150304
`
`STERLING SOFTWARE, INC.
`
`v.
`
`COOL PARTNERS, L.L.C.
`
`Karen Kuhlke, Attorney:
`
`It has come to the attention of the Board that the
`
`above-noted oppositions are suitable for consolidation
`
`inasmuch as they involve the same parties and common
`
`questions of law and fact. Fed. R. Civ. P. 42(a).
`
`Consolidation is discretionary with the Board, and may
`
`be ordered upon motion granted by the Board, or upon
`
`stipulation of the parties approved by the Board, or upon
`
`the Board’s own initiative.
`
`See, for example, Wright &
`
`Miller, Federal Practice and Procedure:
`
`Civil §2383 (2004);
`
`Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154
`
`(TTAB 1991) (Board’s initiative).
`
`
`
`The Board file will be maintained in Opposition No.
`
`91116937 as the “parent” case, but all papers filed herein
`
`must include the proceeding numbers of the consolidated
`
`cases, as set forth above.
`
`It is noted that there is an outstanding notice of
`
`default in Opposition No. 91120960, which is hereby
`
`discharged in view of applicant’s timely filed answer.
`
`Further, it is noted that all of the above-noted
`
`proceedings have been suspended pending resolution of
`
`applicant’s bankruptcy proceeding.
`
`In response to a status
`
`inquiry issued in Opposition Nos. 91118765 and 91124081,
`
`applicant indicated that the bankruptcy proceeding is still
`
`open. In view of these responses and this consolidation,
`
`applicant need no longer respond to the status inquiries
`
`issued in Opposition Nos. 91116937, 91120690 and 91150163.
`
`Finally, the requests to withdraw as applicant’s
`
`attorney filed in Opposition Nos. 91118909 and 91124123 are
`
`granted, and the law firm of Munsch Hardt Kopf & Harr P.C.
`
`no longer represents applicant in these proceedings.
`
`The
`
`request to serve all correspondence in behalf of applicant
`
`on Guy S. Neal, Sidley Austin Brown & Wood, 1501 Kay Street
`
`NW, Washington, DC 20005 is noted and applicant’s
`
`correspondence address has been updated in all proceedings
`
`to reflect that change.
`
`2
`
`
`
`Inasmuch as the bankruptcy proceeding is ongoing these
`
`consolidated proceedings remain suspended pending final
`
`determination of the bankruptcy action.1
`
`Within twenty days after such final determination, the
`
`interested party should call up this proceeding for
`
`appropriate action.
`
`During the suspension period the Board
`
`should be notified of any address changes for the parties or
`
`their attorneys.
`
`A copy of this order has been sent to all persons
`
`listed below.
`
`cc:
`
`Marc Hubburd
`Munsch Hardt Kopf & Harr P.C.
`1445 Ross Avenue, Suite 4000
`Dallas, TX 75202
`
`Anita Nesser
`Baker Botts, LLP
`2001 Ross Avenue, Suite 600
`Dallas, Texas 75201-2980
`
`Guy Neal
`Sidley Austin Brown & Wood
`1501 Kay Street NW
`Washington, DC 20005
`
`1 If and when proceedings are resumed, dates will be reset,
`including time for applicant to file an answer to the notice of
`opposition in Opposition No. 91150304.
`
`3
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