Texas Western District Court
Judge:Leon Schydlower
Referred: Derek T Gilliland
Case #: 6:25-cv-00424
Nature of Suit840 Property Rights - Trademark
Cause28:2201 Declaratory Judgment
Case Filed:Sep 12, 2025
Terminated:Nov 21, 2025
Last checked: Wednesday Mar 11, 2026 2:51 AM CDT
Counter Defendant
Gibson, Inc.
Represented By
Stephen D. Howen
The Law Office Of Steven Howen
contact info
Counter Plaintiff
DiMarzio, Inc.
Represented By
Zachary Klein
Fox Rothschild LLP
contact info
Andy Nikolopoulos
Fox Rothschild LLP
contact info
Mark S. Hanna
Fox Rothschild LLP
contact info
Ronald Bienstock
Fox Rothschild LLP
contact info
Defendant
DiMarzio, Inc.
1388 Richmond Terrace
Staten Island, NY 10310
Represented By
Zachary Klein
Fox Rothschild LLP
contact info
Andy Nikolopoulos
Fox Rothschild LLP
contact info
Mark S. Hanna
Fox Rothschild LLP
contact info
Ronald Bienstock
Fox Rothschild LLP
contact info
Defendant
Does 1 through 10
Plaintiff
Gibson, Inc.
209 10th Ave S Suite 460
Nashville, TN 37203
Represented By
Stephen D. Howen
The Law Office Of Steven Howen
contact info


Docket last updated: 06/12/2026 11:59 PM CDT
Tuesday, November 25, 2025
misc Acknowledgment of District Case Transfer Tue 11/25 3:41 PM
Case transferred from TXWD has been received and opened in Eastern District of New York District as case number 1:25-cv-06542. (cap)
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Friday, November 21, 2025
21 21 minutes Motion Hearing Fri 11/21 1:17 PM
Minute Entry for proceedings held before District Judge Leon Schydlower. Motion Hearing held on 11/21/2025 re10 Opposed MOTION to Transfer Case MOTION TO TRANSFER VENUE filed by DiMarzio, Inc. Case called for a Motions Hearing held in person. Parties announced ready. Statements and arguments of counsel heard. Hearing concluded. (Minute entry documents are not available electronically.) (Court Reporter April Balcombe.) (cap)
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order Order on Motion to Transfer Case Fri 11/21 1:23 PM
Text Order GRANTING10 Motion to Transfer Case entered by District Judge Leon Schydlower. For the reasons stated on the record during the November 21st hearing, the motion to transfer venue to the Eastern District of New York is GRANTED. After analyzing the relevant private and public interest factors, no factors weigh in favor of retention in the Western District of Texas and the remaining factors either weigh in favor of transfer to the Eastern District of New York or are neutral. The defendant, nearly all of its witnesses, and all records are in the Eastern District of New York, and this case has no connection whatsoever to the Waco Division of the Western District of Texas. The Clerk shall transfer this case to the Eastern District of New York. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LS)
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utility Case Transferred Out - District Transfer Fri 11/21 4:02 PM
Case transferred to District of Eastern District of New York. (cap)
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Friday, November 14, 2025
20 20 respm Reply to Response to Motion Fri 11/14 9:07 AM
REPLY to Response to Motion, filed by DiMarzio, Inc., re10 Opposed MOTION to Transfer Case MOTION TO TRANSFER VENUE filed by Defendant DiMarzio, Inc.(Nikolopoulos, Andy)
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Att: 1 Affidavit,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit
order Order on Motion for Extension of Time to Answer Fri 11/14 3:55 PM
Text Order GRANTING19 Motion for Extension of Time to Answer entered by District Judge Leon Schydlower. Plaintiff's deadline to respond to Defendant's counterclaims is December 1, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cplc)
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Thursday, November 13, 2025
19 19 motion Extension of Time to File Answer Thu 11/13 3:42 PM
Unopposed MOTION for Extension of Time to File Answer to Defendant's Counterclaims by Gibson, Inc..(Howen, Stephen)
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Att: 1 Proposed Order
18 18 1 pgs order Order ~Util - Set Motion Hearings Thu 11/13 9:39 AM
ORDER SETTING MOTIONS HEARING for 11/21/2025 09:00 AM before District Judge Leon Schydlower. Signed by District Judge Leon Schydlower. (lad)
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Friday, November 07, 2025
17 17 misc Pro Hac Vice Letter Fri 11/07 2:04 PM
Pro Hac Vice Letter for EA. (cap)
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Att: 1 Pro Hac Vice Ltr for AB,
Att: 2 Pro Hac Vice Ltr for KS
16 16 respm Response in Opposition to Motion Fri 11/07 1:04 PM
Response in Opposition to Motion, filed by Gibson, Inc., re10 Opposed MOTION to Transfer Case MOTION TO TRANSFER VENUE filed by Defendant DiMarzio, Inc.(Howen, Stephen)
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Att: 1 Affidavit Andrea E. Bates,
Att: 2 Exhibit A - Petition for Cancellation,
Att: 3 Exhibit B - DiMarzio Cancellation IDs,
Att: 4 Exhibit C - DiMarzio Discovery Responses,
Att: 5 Exhibit D - DiMarzio Email to Guitar Center,
Att: 6 Exhibit E - Matt Grayson LinkedIn,
Att: 7 Exhibit F - Flights Bozeman to Dallas,
Att: 8 Exhibit G - Flights Bozeman to NYC,
Att: 9 Exhibit H - Flights Nashville to Dallas
Tuesday, October 28, 2025
order Order on Motion to Appear Pro Hac Vice Tue 10/28 5:55 PM
Text Order GRANTING13 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by District Judge Leon Schydlower. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LS)
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order Order on Motion to Appear Pro Hac Vice Tue 10/28 5:56 PM
Text Order GRANTING14 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by District Judge Leon Schydlower. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LS)
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order Order on Motion to Appear Pro Hac Vice Tue 10/28 6:02 PM
Text Order GRANTING15 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by District Judge Leon Schydlower. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LS)
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Monday, October 27, 2025
15 15 motion Appear Pro Hac Vice Mon 10/27 11:44 AM
MOTION to Appear Pro Hac Vice by Andy Nikolopoulos Mark Hanna ( Filing fee $ 100 receipt number ATXWDC-20898630) by on behalf of DiMarzio, Inc..(Nikolopoulos, Andy)
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Att: 1 Proposed Order
14 14 motion Appear Pro Hac Vice Mon 10/27 11:38 AM
MOTION to Appear Pro Hac Vice by Andy Nikolopoulos Zachary Klein ( Filing fee $ 100 receipt number ATXWDC-20898577) by on behalf of DiMarzio, Inc..(Nikolopoulos, Andy)
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Att: 1 Proposed Order
13 13 motion Appear Pro Hac Vice Mon 10/27 11:32 AM
MOTION to Appear Pro Hac Vice by Andy Nikolopoulos Ronald Bienstock ( Filing fee $ 100 receipt number ATXWDC-20898475) by on behalf of DiMarzio, Inc..(Nikolopoulos, Andy)
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Att: 1 Proposed Order
Friday, October 24, 2025
12 12 misc Pro Hac Vice Letter Fri 10/24 2:00 PM
Pro Hac Vice Letter for RB.(cap)
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Att: 1 PHV Ltr for MH,
Att: 2 PHV Ltr for ZK
11 11 answer Answer to Complaint Counterclaim Fri 10/24 1:41 PM
ANSWER to1 Complaint,, with Jury Demand , COUNTERCLAIM against Gibson, Inc. by DiMarzio, Inc..(Nikolopoulos, Andy)
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10 10 motion Transfer Case Fri 10/24 1:39 PM
Opposed MOTION to Transfer Case MOTION TO TRANSFER VENUE by DiMarzio, Inc..(Nikolopoulos, Andy)
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Att: 1 Affidavit,
Att: 2 Affidavit,
Att: 3 Affidavit,
Att: 4 Affidavit,
Att: 5 Affidavit,
Att: 6 Affidavit,
Att: 7 Affidavit,
Att: 8 Affidavit,
Att: 9 Proposed Order
Wednesday, October 08, 2025
9 9 misc Disclosure Statement (Rule 7) Wed 10/08 10:42 AM
RULE 7 DISCLOSURE STATEMENT filed by DiMarzio, Inc.. (Nikolopoulos, Andy)
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order Order on Motion for Extension of Time to Answer Wed 10/08 11:08 AM
Text Order GRANTING8 Motion for Extension of Time to Answer entered by District Judge Leon Schydlower. Defendant's deadline to file an answer or otherwise respond is extended from October 10, 2025, to October 24, 2025, as requested. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LS)
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utility Set/Reset Answer Deadline Thu 10/09 8:48 AM
Reset Deadlines: DiMarzio, Inc. answer due 10/24/2025. Clerk's note: per d.e. #6, answer due date seems to have been miscalculated at 11/17/2025. Corrected here. (lad)
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Tuesday, October 07, 2025
8 8 motion Extension of Time to File Answer Tue 10/07 10:33 AM
Unopposed MOTION for Extension of Time to File Answer by DiMarzio, Inc..(Nikolopoulos, Andy)
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Att: 1 Proposed Order
Tuesday, September 30, 2025
7 7 3 pgs order Order Reassigning Case Thu 10/02 9:39 AM
ORDER REASSIGNING CASE. Case reassigned to District Judge Leon Schydlower for all proceedings. Judge Alan D Albright no longer assigned to case. Signed by Judge Alan D Albright. (cap)
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utility Case No Longer Referred to Magistrate Judge Thu 10/02 9:38 AM
CASE NO LONGER REFERRED to Magistrate Judge Derek T. Gilliland. (cap)
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Monday, September 22, 2025
6 6 service Summons Returned Executed as to USA Mon 09/22 2:55 PM
SUMMONS Returned Executed by Gibson, Inc.. DiMarzio, Inc. served on 9/16/2025, answer due 11/17/2025. (Howen, Stephen)
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5 5 service Certificate of Service Mon 09/22 12:13 PM
CERTIFICATE OF SERVICE by Gibson, Inc. (Howen, Stephen)
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Friday, September 12, 2025
4 4 service Summons Issued Fri 09/12 4:14 PM
Summons Issued as to DiMarzio, Inc.. (nnw)
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3 3 misc Disclosure Statement (Rule 7) Fri 09/12 2:50 PM
RULE 7 DISCLOSURE STATEMENT filed by Gibson, Inc.. (Howen, Stephen)
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2 2 service Request for Issuance of Summons Fri 09/12 2:45 PM
REQUEST FOR ISSUANCE OF SUMMONS by Gibson, Inc.. (Howen, Stephen)
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1 1 52 pgs cmp Complaint Fri 09/12 2:42 PM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-20713207), filed by Gibson, Inc..(Howen, Stephen) (Attachment 1 replaced on 9/12/2025) (nnw)
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Att: 1 Civil Cover Sheet,
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misc Remark (No Doc#) Fri 09/12 4:02 PM
All parties shall flatten all documents before e-filing and shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/Judges-information/standing-orders/ (nnw)
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utility Case Assigned/Reassigned Case Referred to Magistrate Judge Fri 09/12 4:04 PM
Case assigned to Judge Alan D Albright and referred to Judge Derek T. Gilliland. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (nnw)
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