Viahart said his brain flakes are as famous as Nike by Amazon now that his lawyer is stepping down

Viahart said his brain flakes are as famous as Nike by Amazon now that his lawyer is stepping down

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, July 22 — Wills Point, Texas-based Viahart believes its “Brain Flakes” brand is as well-known as Coca-Cola and Nike. So he files a complaint.

On February 22, U.S. District Court for the Southern District of New York, Judge Gregory H. Woods, held a hearing. Inner City Press has it covered.

Judge Woods asked Viahart’s attorney the basis of Brain Flakes’ claim to fame.

The response quoted Amazon reviews, even Pinterest posts.

Update of February 24: to enlarge the notice, and to be sensitive
as so many others are not, we also noted “the Brain Flakes articles in the Wall Street Journal and the New York Times”.

Judge Woods advised that it be covered in future memoirs. He refused to remain uncovered.

On December 2, Judge Woods held another proceeding in the case, and Inner City Press covered it again. It was now an amended complaint.

On March 17, 2022, this: “VOLUNTARY DISMISSAL STIPULATION It is stipulated and agreed by and between the parties and/or their respective counsel(s) that the aforementioned action is voluntarily dismissed, with prejudice to ( x) Defendant(s) Playlearn USA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure Document filed by Viahart, LLC Proposed Document for Consideration and process through the Personal Clerk’s Office (No action required by Chambers)… (Susser, Steven).”

But on June 14, Judge Woods held another conference and Inner City Press covered it again. There was talk of a second amended complaint.

On July 18, Judge Woods held another conference and Inner City Press covered it again. Subsequently, Judge Woods ordered that “Defendants CK’s objections to Document Requests Nos. 1 and 11 be sustained and Defendants CK’s objections to Document Requests Nos. 6, 7, 8, 9, 16 and 21 are dismissed. The parties are ordered to meet expeditiously and confer on the time frame for the CK Defendants to produce documents that respond to the aforementioned document requests.The Court accepts the oral undertaking of the CK Defendants at the July 18 conference. 2022 that Defendants CK will respond to Examination #4 no later than July 25, 2022. (Signed by Judge Gregory H. Woods on 07/18/2022).”

On July 22, Judge Woods allowed the plaintiff’s attorney to step down and raised the specter of a dismissal if a new attorney is not found: “ORDER granting [118]
Request for resignation as a lawyer. On July 22, 2022, the Court held a teleconference to discuss Carlson, Gaskey & Olds, PC’s motion to withdraw as counsel of plaintiff’s record. See Dkt. No. 118. For the reasons stated in the record at this conference, the motion of Carlson, Gaskey & Olds, PC is granted. As noted in the record at the July 22, 2022 conference, this matter is adjourned until August 12, 2022 to allow Plaintiff to seek and retain replacement counsel. In the event that the plaintiff retains a new lawyer before August 12, 2022, the suspension will be lifted upon the filing of a notice to appear by this lawyer. If Plaintiff’s attorney has not filed a Notice to Appear by August 12, 2022, the Court will understand that Plaintiff has elected to end this litigation and expects to dismiss the case for failure to pursuit. The Clerk of the Court is ordered to: terminate the motion pending at Dkt. No. 118. Remove lawyers Steven Craig Susser and Brian Tobin from the list of lawyers active in this case; Stay this case until August 12, 2022; and update Plaintiff’s address on file and send a copy of this Order to Plaintiff at: Viahart, LLC, 1321 Upland Dr., #6481, Houston, TX 77043. Attorney Steven Craig Susser and Brian Tobin have been terminated. (Signed by Judge Gregory H. Woods on 7/22/2022).”

Case is Viahart, LLC v Creative Kids Online, LLC et al., 20-cv-9943 (Woods)

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Darryl A. Chapin