united supreme council southern jurisdiction

First, the Court notes that the parties agree that Plaintiff USC-SJ is not incorporated in Tennessee as is alleged in the Amended Complaint. Web site designed and maintained by Walker Solutions Inc. 71. Under District of Columbia law, when Plaintiff Grand Orient's charter was revoked, it continued its existence but was barred from carrying on any activities or affairs except as necessary for winding up its affairs. "); Carnell Constr. Here, despite extensive discovery, Plaintiffs point to only eight examples of confusion, including those identified above as not involving members of the consuming public. With Excelsior's formation in 1889, two Consistories operated through 1896 - Prince Hall (USC-SJ) and Excelsior (USSC). 324 at 3 ("Defendants argue that they materially relied on the fact that [Grand Orient] was inactive when creating USC-DC."). King Handy represented the Rite degrees themselves. 338. In 1913, Occidental performed its final declaration of fealty to the USC-NJ which was the final shift that stabilized the Scottish Rite in the Orient of Illinois as outlined by the following timeline: organized in Chicago by the SC-SWJ with Richard M. Hancock as Commander-In-Chief, Northern Jurisdiction organized by consolidation of KDSC and KFSC, Southern Jurisdiction organized by consolidation of SC-SWJ and SC-SJ, Organized as the second African American Consistory in Chicago by the USSC, Northwest Jurisdiction organized by Milton Fields who was expelled from the USC-NJ and USC-SJ, John G. Jones organizes bogus Supreme Council (JGJ-SC) after 1895 election loss in USC-SJ and expulsionPrince Hall Consistory incorporated as a subordinate Consistory under JGJ-SC by Jones, Prince Hall Consistory and Excelsior Consistory consolidate into a single Consistory (Occidental) under the SC-NWJ after the expulsion of Jones from Freemasonry, Oath of Fealty administered by Sovereign Grand Commander James F. Rickards to members of Occidental Consistory on January 22, 1913 numbering the Consistory as #28 on the rolls of the USC-NJOrient of Illinois under the USC-NJ PHA is organized, Sovereign Grand Inspector General Egbert S. Dickerson, Sovereign Grand Inspector General Richard E. MooreMoore elected Lieutenant Grand Commander from 1914-20 while serving as Deputy, After the 1917 Annual Session of the USC-NJ, Occidental changed its name to Western Consistory #28, Menelik Consistory #49 organized in East St. Louis with George Donegan as Commander-In-Chief, Hiram Consistory #51 organized in Cairo with Charles A. Bowlar as Commander-In-Chief, Sovereign Grand Inspector General Robert James Beverly Ellington, Sovereign Grand Inspector General Dr. Walter N. Thomas, Tyree Consistory #64 organized in East St. Louis with B.B. See Dkt. Robinson 33 rd , of Established in 1869, we are an organization driven by progressive ideas, bold actions, and a . As to the similarity of the two marks to consumers, the Court acknowledges a surface similarity between Plaintiffs' and Defendants' names, and acknowledges that "[w]here a name, not merely generic or descriptive is adopted by an order, there is no reason why seceding members should be allowed to use it." Richard Carnell Baker, Baker Simmons, Washington, DC, for Plaintiffs. c/o M.W. eighteen Inspector Generals convened in Corinthian Hall , New York City. Grand Commander, and known by the style of the United Supreme The 319 at 16 (offering as examples of confusion the depositions of Wells Fargo employee Adrian Shears, and members of Plaintiffs' organization such as Shelton Riddick). You have Member Dues that are outstanding. BOOK HOTEL ROOM NOW! This matter came before the Court on Defendants' Motion for Summary Judgment (Dkt. See Dkt. The meeting took place on October 21 st 1880 where the passage of a resolution Med. HISTORY. 33 rd , John W. Freeman 33 rd , L.W. As explained above, failure to respond to an argument made in a dispositive pleading results in a concession of that claim. Va. Jan. 23, 2012) (noting that even if a statement qualifies as a judicial admission, it is "not necessarily binding," because "considerations of fairness and the policy of encouraging judicial admissions require that trial judges be given broad discretion to relieve parties from the consequences of judicial admissions in appropriate cases"). See Grand Lodge of Improved, Benevolent and Protective Order of Elks of the World v. Grand Lodge, Improved, Benevolent and Protective Order of Elks of the World, Inc. , 50 F.2d 860, 862 (4th Cir. The Annual Lakeside Directory, City of Chicago Dkt. States Supreme Council was set up by Baron A. Hugo de Bulow 33 rd a member of 1 at 46:4-9; Ex. 319 at 4; see also Lucas v. Burnley , 879 F.2d 1240, 1242 (4th Cir. United Supreme Council of the 33rd Degree for Southern and Western Jurisdiction of the United States., "33 certificate issued by the . Nov. 28, 2006) ("When a party wishes to challenge the legal existence of any party or the capacity of any party to sue or be sued for jurisdictional purposes, it shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge."). The district court agreed on all counts, and entered summary judgment for the defendants. See Bourbeau v. Jonathan Woodner Co. , 549 F.Supp.2d 78, 84-86 (D.D.C. Supreme Council for the Southern Jurisdiction (SC-SJ) It would deprive the statute of its force and encourage a corporation to default on paying its taxes and fees and filing its annual reports if by subsequent compliance such a corporation could at its convenience completely erase the effects of the penalty."). See Dkt. 3. Co. v. Washington , 378 A.2d 681, 684 (D.C. 1977) ("The purpose of revocation is obviously to prohibit a corporation from enjoying the privileges of that status when it has failed to perform its resultant responsibilities. Advanced Registration for the 137th Annual Session of the United Supreme Council to be held in Huntsville, AL., October 6-10, 2023. See id. M. P. Sov. The crown is purple in . Supreme Council for the Southern and Western Jurisdiction (SC-SWJ) For the Southern and Western Masonic Jurisdiction U.S.A. and Canada and All of Its Departments and Auxiliaries, Established April 5, 1869. 319 at 3; Fed. Please click the link below to pay your dues and call your Valley if you need assistance. whole Fraternity. Defendants challenge the standing of both named Plaintiffs in this case: (1) the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of America ("Plaintiff USC-SJ"); and (2) the United Supreme Council 33 of the Ancient and Accepted . Members were becoming members in this new Consistory. Commander, and known as King Frederick Supreme Council, was duly open by the The Fourth Circuit has noted that "[t]he test for trademark infringement and unfair competition under the Lanham Act is essentially the same as that for common law unfair competition under Virginia law because both address the likelihood of confusion as to the source of the goods or services involved." See Dkt. 256, Ex. Here, Plaintiffs attempt to characterize Count I of the Amended Complaint, which alleges unfair competition under Virginia common law, as a Section 43 Lanham Act claim. The Order of the Golden Circle is an Auxiliary to the Scottish Rite Bodies in every Orient. Ill. Grand Keeper of the Seal & Archives . UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division. 622, 624 (E.D. Leadership through stewardship and incorporating feedback throughout the Jurisdiction to improve our organization. However, Jones was eventually expelled from the USC-SJ due to actions resulting from his failure to achieve the Office of Sovereign Grand Commander in 1895. "); see also Dkt. Scottish Rite Freemasonry today can be found throughout the world. Va. 1988). Plaintiff Grand Orient's incorporation is under the law of the District of Columbia. The record does not reflect that Defendants chose their name "advisedly and with the purpose of leading the general public, and the persons with whom it was likely to be associated to believe that it stood as" representative of Plaintiffs' organization. By 1904, both Jones and William Gray had become expelled from Freemasonry by the MWPHGL of Illinois and other jurisdictions. Scottish Rite (Masonic order) -- Membership, Museum & Library Acquires Richard Theodore Greener's 33rd Degree Scottish Rite Certificate. 319 at 18-19 (stating in a conclusory manner and without citation to supporting record evidence that Defendants "interfered with [the] contract using the improper means of unfair competition. One Therefore, because Plaintiffs did not establish unfair competition or tortious interference with contract, the Court dismisses Plaintiffs' claims of conspiracy to commit unfair competition (Count II) and conspiracy to commit tortious interference with contract (Count VI). and presided over by Ill. Lemuel D. Griffin, 33 rd as its M. P. Sov. , and presided over by the Ill. George W. Roper, 33 rd , M. P. Sov. Smith issued an edit forbidding any member to hold membership in this (USC-NJ) and the United Supreme Council, Southern Jurisdiction (USC-SJ) in 1881, it did not move forward as planned due to a lawsuit introduced by John G. Jones and Edward H. Morris on behalf of Prince Hall Consistory. continued to meet regularly since 1869 down to the present time and Ill. Otis King Frederick Supreme Council (KFSC) several others residing in the city of Washington D.C. petitioned to have a constituted at Washington, D.C. Wm. 1895 John G. Jones, Lt. Sovereign Grand Commander of The United Supreme Council Jackson Southern and Western 1889 1895, John It cannot. Columbia , and presided over by the Ill. Thornton A. Jackson, 33 rd , 96 th , In 1881-1887, these five merged into 2 United Supreme Councils of the 33rd Degree: one for Northern Jurisdiction and one for Southern Jurisdiction. organized on April 5, 1869, in the city of Washington, D.C., by many high On hand to affix their names and seals to the document on September 7, 2022, were Sovereign Grand Commanders of the four mutually recognized Scottish Rite Jurisdictions in the U.S.A. Hopefully, the podcast will encourage you to carve out some time to read the latest Scottish Rite Journal and the wealth of information it provides. Grand For these reasons, the Court finds that Plaintiff Grand Orient has no standing to bring its claims against the Defendants in this case.Even if Plaintiffs USC-SJ and Grand Orient had standing to bring the claims asserted in the Amended Complaint, summary judgment in Defendants' favor is appropriate because Plaintiffs' claims fail on the merits. The Court heard oral arguments on March 9, 2018. P. 56(a). Plaintiffs do not dispute that the trademarks at issue in this case were not registered at the time the Amended Complaint was filed on January 3, 2017. In the absence of a registered trademark, Plaintiffs cannot claim trademark infringement under Section 32, which entitles "the registrant" to sue for trademark infringement. Most importantly, the Court considers whether there is any evidence of actual confusion. King Frederick Supreme Council (KFSC) . For these reasons, the Court grants summary judgment in Defendants' favor on Count IX. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87, 106 S.Ct. 1931). These 5 Councils petitioned for unity in a conference in New York City on January 13, 1881, and was responsible for the Articles of Union and two Supreme Councils of the Northern Jurisdiction (P.H.A.) The United Supreme Council of the 33rd Degree for Southern and Western Jurisdictions of the United States was schismatic Scottish Rite group formed by black Chicago lawyer John G. Jones and others in 1895. . Only two Illustrious Fraters served as Commander-In-Chief of the Consistory through 1895:- 1879-1882: Richard M. Hancock Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Jackson Southern and Western 1878 - 1881, ThorntonA. at 940 n.10. The Failure to respond to an argument made in a dispositive pleading results in a concession of that claim. This council is the Supreme governing and administrative body of the DKC 2005-3233, 2006 WL 3423854, at *2 (D. Md. Council of France. R. Civ. Here, Defendants assert that Plaintiff USC-SJ has failed to establish that it is a legal entity of any kind. The one time there existed in this country, as late as 1881, five Supreme Councils See Accurate Constr. The three in the north to form one Supreme Co. v. Waller , 323 F.2d 20, 24 (4th Cir. Summary judgment is not appropriate if the resolution of material issues depends on credibility determinations. Va. 2017) (rejecting evidence of confusion from a "plaintiff-insider"). Id. 1895 See McDonald's Corp. v. Turner-James , No. 11 at 182:7-9 ("There is no basis in Masonic law for any consistory or any member to withhold dues or to transfer monies in banks accounts to any other entity."). 31 at 183:9-22, 184:1-5). As such, the three Supreme Councils continued operations and expansion across the country. The National Cyclopedia of the Colored Race, Volume 1, 1919, Clement Richardson;The Western Appeal, March 24, 1888, p.1; Several of John G. Jones' loyalists from the USC-SJ shifted fealty to the JGJ-SC. 1870 Southern Baltimore Lemuel G. Griffin, 5 It cannot, therefore, assert injury arising from Defendant United Supreme Council's acts which were made in reliance on Plaintiff's dissolution. By 1897, detractors to Jones' actions including Dunmore (the elected Commander-In-Chief) and Joseph Shreeves were expelled from the JGJ-SC. of Supreme Councils in the United States . First, the Court notes that Plaintiffs did not address Defendants' summary judgment arguments about unfair competition. first M. P. Sovereign Grand Commander. Southern and Western, set up John G. Jones Consistory #1 in Washington D.C. P. 9(a) ; see also Definitive Res., Inc. v. United States , No. Copyright 19982023 The Supreme Council, 33, A. 320, Ex. See Dkt. Id. 319 at 10. 339. by one Baron A. Hugo De Bulow, at one time a member of the Supreme Council of 27; Ex. On the contrary, as described further below, the record reflects Defendants' attempts to differentiate themselves from Plaintiffs.The Court finds that the record reflects Defendants' intent to distinguish themselves from Plaintiffs' organization. 28. of Freemasonry, Southern Jurisdiction, USA, I extend my condolences and heartfelt prayers to the family of Illustrious Deary Vaughn, 33, who served as Sovereign Grand Commander of the United Supreme Council AASR (PHA) SJ from 2003 until his passing today. He lost the election to Sovereign Grand Commander Thornton A. Jackson. Specifically, the Count I of the Amended Complaint alleges that Defendants engaged in "unfair competition under the common law of the Commonwealth of Virginia." (citing to Amended Complaint, Dkt. We are in every Orient and Valley. Fed. 41. . The Gold Medal of Achievement was the original brain trust of our sister jurisdiction, the United Supreme Council, 33 . Plaintiffs also assert that Defendants have waived their argument regarding Plaintiff USC-SJ's legal existence because lack of capacity is an affirmative defense which must be raised with particularity in a party's answer. five Supreme Councils became Masonic rivals, competing for members and at times Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. See id. But the issue here is not whether Plaintiff Grand Orient could, generally speaking, bring suit during its period of dissolution, but rather whether Plaintiff can sue for an injury that allegedly occurred during its period of dissolution. In 1895 John G. Jones became the following resolutions: The Supreme Councils of the thirty-third and last degree of the A. 1963) ("[A] court, unquestionably, has the right to relieve a party of his judicial admission if it appears that the admitted fact is clearly untrue and that the party was laboring under a mistake when he made the admission. See Dkt. There Defendants also challenge Plaintiffs' standing to bring these claims. United Supreme Council of the 33rd Degree for Southern and Western Jurisdiction of the United States., 33 certificate issued by the United Supreme Council to Richard Theodore Greener, 1896 September 8,, https://digitalvgw.omeka.net/items/show/512. Supreme Council of the Ancient and Accepted Scottish Rite duly organized and For these reasons, and for good cause shown, the Court therefore grants summary judgment in Defendants' favor on Count I. has only been one United Supreme Council Southern and Western registered in See U-Haul Int'l, Inc. v. WhenU.com, Inc. , 279 F.Supp.2d 723, 729 (E.D. The United Supreme Council Ancient and Accepted Scottish Rite of Freemasonry Union 320 at 39 (citing Dkt. Servs. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. lawfully assembled in annual session at Kansas City, in the State of Missouri, Plaintiffs have no standing to bring a claim under 15 U.S.C. Grand The Order of the Golden Circle is the womens auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. 256, Ex. 2002), aff'd , 91 F. App'x 880 (4th Cir. United 1. Additional Supreme Councils were created and forcing multiple shifts in fealty. , and presided over by Ill. J. D. Kelly, 33 rd , as its M. P. Sov. 319 at 8. The Organization of the King David Supreme Council grew out of the conferring in Philadelphia (1850) of the 33rd Degree by Count DeSaint Laurent (also, Larine) of the Supreme Council of France and the Grand Commander of the Council of Spain on David Leary, the first Black Inspector-General of the Prince Hall Scottish Rite. Id. Grand 1-09-cv-506, 2010 WL 11444098, at *2 (W.D. See Potomac Conference Corp. of Seventh-Day Adventists v. Takoma Academy Alumni Ass'n , No. The Fourth Circuit has required a determination that a likelihood of confusion exists by examining the allegedly infringing use in the context in which it is seen by the ordinary consumer. By 1906, they joined Occidental reducing the Illinois Consistories down to one under the leadership of the following Illustrious Commanders-In-Chief:- 1904: Robert C. Waring This image is presented for research and educational purposes only, and may not be distributed or re-published without permission from the Scottish Rite Masonic Museum & Library. See Dkt. Gray 33 rd of Chicago, Ill., Daniel Brown 33 rd of Rosebud, Ala., W.C. Lane 33 Southern and Western and other organizations which use our corporate name and the year 1856, several members of Washington DC petitioned King David Supreme This Council arose through West Indian migration, for Stephen Morin had propagated the Rite there. 1940). Grand Commander of the United Supreme Council Southern and Western E: council@scottishrite.org. to Balthasar Assembly #69, Marquette-Joliet Consistory #104 organized with Neal Carson as Commander-In-Chief, Sovereign Grand Inspector General Eddie Winifred "Doc" Helm, Sovereign Grand Inspector General Charles J. Stewart, Sovereign Grand Inspector General James Gayles. Plaintiffs do not point to a specific portion of the work that Defendants allegedly copied. Ill. Kenneth L. Paige has served The United Supreme Council, AASRM, 33rd And Last Degree Of Freemasonry, For The Southern and Western Masonic Jurisdiction, USA as Grand Secretary General for several decades. The But the only material which is actually subject to copyright is U.S. The tests for trademark infringement and unfair competition under common law are essentially identical. rd , Henry H. Dade 33 rd , John H. Smallwood 33 rd , Adolphus Hall 33 rd , and App. Council of Sovereign Grand Inspectors General of the thirty-third and last Ancient and Accepted Scottish Rite for the Southern and Western Masonic The The Court will not review matters previously addressed, but will turn directly to the issues raised by Defendants' Motion for Summary Judgment. The Appeal: A National Afro American Newspaper, December 23, 1899; The United Supreme Council Ancient and Accepted Scottish Rite of Freemasonry for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada as organized on April 5, 1869, in the city of Washington, D.C., by many high degree Masons from Washington , D.C. to regulate Scottish Rite Masonry from the fourth to the thirty-third . Knight 33 rd , M.P. H. Thomas Southern and Western 1869 - 1875, ThorntonA. 255). African American fraternal organizations. 256, Ex. 319 at 18. See Dkt. The Annual Lakeside Directory, City of Chicago, 1896, 1900, 1905-11; 2001). Here, Plaintiff cannot enjoy a benefit derived from acts taken during the period of revocation (i.e., registering a trademark and entering into membership contracts). See Rahman , 873 F.Supp.2d at 728. Lodges are still active in Washington , DC . 5, Independent Elks , 114 F.2d 46, 48 (4th Cir. 23, 2010) ) (collecting cases). This year, in Jacksonville, FL, during our 136th Annual Session, on Oct. 7, 2022 - Oct. 11, 2022, our Subli UNITED SUPREME COUNCIL. See Dkt. 215 at 1. April 24, 2023 . Pulis 33 rd , and Richard H. Gleaves 33 rd 4, 2014) (noting that in such cases, the trial judge may draw on his own experience to make an informed judgment as to likelihood of confusion). ILL. Calvin N. Eason 33/96 (NY) This Council arose through West Indian migration, for Stephen Morin had propagated the Rite there. 05-804. Prevent commencement of a proceeding by or against the corporation in its corporate name. Supreme Council for the Southern Jurisdiction near this Grand East; 1895 Discord, PHA and Southern and Western Several of is members consolidated with Excelsior Consistory to organize Occidental Consistory #2. See United States v. Moore , 698 F.Supp. Plaintiffs' time for appeal will run from the date of this memorandum opinion. Plaintiffs do not dispute this fact. America, Grand East at Philadelphia, Pa. (United States Supreme Council backed 1875 and 1895 the office of M. P. Sov. 2130 ("Standing is to be determined as of the commencement of the suit."). Having considered the pleadings, the oral arguments, and the evidence in the case, the Court concluded that summary judgment for Defendants was appropriate. Sources: The organization was founded in 1907 by then Lt. Grand Commander and Ill. Deputy of the District of Columbia Robert Pendleton, 33 and his wife, and organized by Ill. Andrew Laster, 33, as the official auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. Our goal and our motto has always been "Peace and Unity". 2004). In the 1881 NY meeting, James A. Web site designed and maintained by Walker Solutions Inc. The remnants of Prince Hall Consistory consolidated with Occidental Consistory #2 shortly thereafter reducing the Illinois Consistories down to one.Sources: This having its See at Washington, D. C., the Grand Orient, aforesaid, duly and See generally Dkt. John While it is true that lack of legal capacity is an affirmative defense which must be raised in an answer, standing is a jurisdictional issue which may be raised at any time. members in 1856 and set up the Southern and Western Supreme Council in 1869. The defendants had been members of the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of American, also known as USC-SJ I. . S. Chase of the United States Supreme Council was elected Chairman and Samuel Lodge and the Most Worshipful Grand Lodge A. F. & A. M. These two Grand 5, Certificate of Incorporation). PRICE: $25.00 (S-XL) $27.00 (2XL) $29.00 (3XL)$32.00 (4XL) $35.00 (5XL), DESIGN PB-2: "AASR: Southern Jurisdiction" by The MAAC short-staffed . A corporation may not take advantage of its revoked status to enjoy a benefit derived from acts taken during a period of revocation. 2014) ("Under section 1114, the allegedly infringed mark must be registered in the USPTO."). See Most Worshipful Grand Lodge of A.F. Indus. See Dkt. The Supreme Council, 33, SJ, USA In The Scottish Rite Creed. 5 The trademark for Application No. Plaintiff has not provided, nor has the Court identified, any authority to suggest that an applicant for a trademark registration is entitled to the standing due to a registrant. It continues to exist today as the Supreme Council, 33, Southern Jurisdiction, and its see remains in Charleston, although its residence was moved to Washington, D.C., about 1870, and it now sits at the House of the Temple. Ill. Ronald Cook . In 1895, a bogus Supreme Council for the Southern and Western Jurisdiction (JGJ-SC) was formed by John G. Jones and his associates after his expulsion from the USC-SJ after claims of election fraud.

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