STOLLER V SOCIETY FOR PREVENTION, No. 09-1189 (Fed. Cir. 2009)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2009-1187 (Opposition No. 91/156,061) LEO STOLLER, Appellant, v. SOCIETY FOR PREVENTION OF TRADEMARK ABUSE, Appellee, and GO DADDY SOFTWARE, INC., Appellee. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. 2009-1189 (Opposition No. 91/117,366) LEO STOLLER, Appellant, v. THE SOCIETY FOR THE PREVENTION OF TRADEMARK ABUSE LLC (substituted for Central Mfg. Co.), Appellee, and STEALTH LABORATORIES, LLC, Appellee. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. ON MOTION Before LINN, Circuit Judge. ORDER Leo Stoller moves for leave to proceed in forma pauperis. The Society for the Prevention of Trademark Abuse LLC (SPTA) moves to dismiss Stoller's appeals. Go Daddy Software, Inc. joins SPTA's motion to dismiss. Stoller moves for an extension of time to respond to the motion to dismiss and submits a response to the motion to dismiss. Stoller moves to consolidate the above-captioned appeals with appeal nos. 2008-1569 et al. The court determines that SPTA should include any arguments concerning the court's jurisdiction in its briefs, if appropriate. Appeal nos. 2008-1569 et al. were dismissed for failure to pay the filing fee and thus the court denies the motion to consolidate the above-captioned appeals with appeal nos. 2008-1569 et al. Accordingly, IT IS ORDERED THAT: (1) The motions for leave to proceed in forma pauperis are denied. Stoller must pay a separate docketing fee for each appeal within 21 days of the date of filing of this order or these appeals will be dismissed. No extensions will be granted to pay the fees. 2009-1187, 2009-1189 2 The motions to dismiss are denied. (2) The motions for extensions of time to respond to the motions to dismiss are granted. The motions to consolidate are denied. FOR THE COURT APR 2 0 2009 /s/ Jan Horbalv Jan Horbaly Clerk Date cc: Leo Stoller Lance G. Johnson, Esq. Donna H. Catalfio, Esq. Scott J. Major, Esq. FON WI APR 2 0 2009 JWr riUllota CLERK s17 2009-1187, 2009-1189 Meer THE F 3

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