`
`ESTTA Tracking number:
`
`ESTTA851113
`
`Filing date:
`
`10/10/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91234475
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Westguard Insurance Company
`
`Jeffrey H. Kaufman
`Muncy, Geissler, Olds & Lowe, P.C.
`4000 Legato Road, Suite 310
`Fairfax, VA 22033
`UNITED STATES
`Email: mailroom@mg-ip.com, jhk@mg-ip.com
`
`Motion to Extend
`
`Jeffrey H. Kaufman
`
`jhk@mg-ip.com, mailroom@mg-ip.com
`
`/Jeffrey H. Kaufman/
`
`10/10/2017
`
`Opposers Motion for Extension of Time to Respond to Applicants Discovery Re-
`quests.pdf(96822 bytes )
`
`
`
`Attorney Docket No.: WGRD.US.00037.L
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Westguard Insurance Company,
`
`
`Opposer,
`
`
` v.
`
`Hanover Stone Partners, LLC
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`
` Opposition No.: 91/234,475
` Appln. Serial No. 87/142,642
`
`
`
`Mark:
`WorkersComp Guard
`
`
`
`
`
`
`
`
`
`OPPOSER’S MOTION FOR EXTENSION OF TIME TO RESPOND
`TO APPLICANT’S DISCOVERY REQUESTS
`
`Westguard Insurance Company (“Westguard” or “Opposer”) hereby moves the
`
`Trademark Trial and Appeal Board (“Board”), pursuant to 37 CFR § 2.120(a) and Fed. R. Civ. P.
`
`6(b), for an extension of time to respond to Hanover Stone Partners, LLC (“Hanover” or
`
`“Applicant”) discovery requests (interrogatories and document requests) served on September 8,
`
`2017. Opposer requests that it be granted 30 days to respond to the discovery responses from the
`
`date the Board decides this Motion.
`
`Concurrently with this Motion, Opposer has moved the Board to compel responses to
`
`Opposer’s discovery responses (Paper #5), including a request to suspend proceedings pending a
`
`decision on Opposer’s motion to compel.
`
`
`
`
`
`
`
`Good cause exists for the granting of this Motion. The parties were engaged in
`
`settlement discussions. Applicant offered a settlement proposal through its counsel in an email
`
`dated August 25, 2017. Thereafter, Applicant served its discovery requests by email on
`
`September 8, 2017. On September 13, 2017, Opposer responded to Applicant’s settlement
`
`proposal in an email rejecting the settlement proposal, but offering a counter-proposal.
`
`Applicant responded by email on September 28, 2017, in effect, rejecting Opposer’s counter-
`
`proposal.
`
`When serving Applicant’s discovery requests on Opposer on September 8, 2017,
`
`Applicant’s counsel stated: “As I stated in my prior e-mail, I’m happy to give you extra time to
`
`respond [to discovery] if needed.” Despite the previous offers of an extension of time for
`
`Opposer to respond to the discovery, Applicant’s counsel, in an email exchange earlier today,
`
`indicated that Applicant would not consent to an extension of the deadline for Opposer to
`
`respond to Applicant’s discovery requests.
`
`
`
`- 2 -
`
`
`
`In view of the pending Motion to Compel, as well as the previous offers by Applicant to
`
`grant an extension of Opposer’s deadline, Opposer submits that it has shown good cause for the
`
`granting of this Motion. Opposer requests that it be allowed 30 days from the Board’s decision
`
`on this Motion to respond to Applicant’s Interrogatories and Request for Documents.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: October 10, 2017
`
`JHK/klk
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Westguard Insurance Company
`
`
` /JHK/
`Jeffrey H. Kaufman
`Muncy, Geissler, Olds & Lowe, P.C.
`4000 Legato Road, Suite 310
`Fairfax, VA 22033
`(703) 649-3800
`fax (703) 991-9188
`e-mail: JHK@MG-IP.COM
`Counsel for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true copy of the foregoing OPPOSER’S MOTION FOR
`
`EXTENSION OF TIME TO RESPOND TO APPLICANT’S DISCOVERY REQUESTS
`
`was served on counsel for Applicant, this 10th day of October, 2017 by sending same by email to:
`
`John A. Mattoon, Jr.
`Ford Marrin Esposito Witmeyer & Gleser, L.L.P.
`at: jamattoon@FMEW.com
`
`
`__________________________________________
`Kim Kanelopoulos
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
