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11-1598 - WINE & CANVAS DEVELOPMENT LLC v. WEISSER et al


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11-1598 - WINE & CANVAS DEVELOPMENT LLC v. WEISSER et al
August 7, 2012
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ENTRY ON PENDING MOTIONS - Defendants' Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 16) is DENIED regarding Mr. Weisser and YN Canvas and GRANTED with respect to AU Website; Defendants' Motion to Dismiss for Failure to State a Claim (as to Counts I, IV, and IX) (Dkt. 14) is GRANTED WITHOUT PREJUDICE; Defendants' Motion to Dismiss for Failure to State a Claim (as to Counts X and XI) (Dkt. 14) is GRANTED; Defendants' Motion to Strike (Count VI) is GRANTED; and Plaintiff's Motion to Strike Portions of Defendants' Reply Brief (Dkt. 30) is DENIED AS MOOT. Signed by Judge Tanya Walton Pratt on 8/7/2012.(JD) Removed document restriction on 8/8/2012 (JD).
July 2, 2013
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ENTRY - Wine & Canvas's Motion for More Definite Statement from Mr. Muylle (Dkt. 46) is TERMINATED as moot. Wine & Canvas's Motion for More Definite Statement from Mr. Weisser (Dkt. 53) is GRANTED in that Mr. Weisser is directed to identify and attach the licensing agreement referenced in Count I of his Counter-Claim, and DENIED in all other respects. Signed by Judge Tanya Walton Pratt on 7/2/2013. Copy Mailed. (JD)
July 31, 2013
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ORDER granting 105 Defendant Christopher Muylle's Application for Attorney's Fees. Signed by Magistrate Judge Denise K. LaRue on 7/31/2013. c/m (TMA)
September 11, 2013
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REPORT AND RECOMMENDATIONS re 106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WINE & CANVAS DEVELOPMENT LLC, ANTHONY SCOTT, DONALD MCCRACKEN and TAMARA SCOTT c/m. Signed by Magistrate Judge Denise K. LaRue on 9/11/2013.(SWM) Modified on 9/12/2013 (SWM).
September 11, 2013
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REPORT AND RECOMMENDATIONS re 133 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE COUNTERCLAIM OF THEODORE WEISSER filed by WINE & CANVAS DEVELOPMENT LLC c/m. Signed by Magistrate Judge Denise K. LaRue on 9/11/2013.(SWM)
September 23, 2013
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REPORT AND RECOMMENDATIONS re 111 MOTION to Dismiss, filed by CHRISTOPHER MUYLLE. Signed by Magistrate Judge Denise K. LaRue on 9/23/2013. Copy Mailed. (JD) Modified docket text to add "copy mailed" on 9/23/2013 (JD).
October 8, 2013
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REPORT AND RECOMMENDATIONS re 140 Motion for Leave to File Third-Party Counterclaim and to Join Third-Party Counterclaim Defendants. Signed by Magistrate Judge Denise K. LaRue on 10/8/2013. Copy Mailed. (JD)
October 17, 2013
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REPORT AND RECOMMENDATIONS re 113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Seek Leave of Court filed by CHRISTOPHER MUYLLE. Signed by Magistrate Judge Denise K. LaRue on 10/17/2013.(CBU) Modified on 10/17/2013 (CBU)(copy sent to Theodore Weisser)
November 7, 2013
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ENTRY ON REPORT & RECOMMENDATIONS - The Report & Recommendation for Dkt. 106 (Dkt. 144) is ADOPTED as modified in this Entry. The objection (Dkt. 151) is SUSTAINED in part and OVERRULED in part. Mr. Muylle's Motion to Dismiss (Dkt. 106) is GRANTED in part and DENIED in part. The Report & Recommendations for Dkt. 133 (Dkt. 145) is ADOPTED as modified in this Entry. The objection (Dkt. 150) is SUSTAINED. Third-Party Defendants' Motion for Leave to File Third-Party Counterclaim and to Join Third-Party Counterclaim Defendants (Dkt. 133) is DENIED. Signed by Judge Tanya Walton Pratt on 11/7/2013. Copy Mailed. (JD) Added "copy mailed" on 11/7/2013 (JD).
November 7, 2013
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ENTRY ON REPORT & RECOMMENDATIONS - The Report & Recommendations for Dkt. 111 (Dkt. 155) is ADOPTED in full. Mr. Muylle's Motion to Dismiss (Dkt. 111) is GRANTED in part and DENIED in part. The Report & Recommendations for Dkt. 113 (Dkt. 163) is ADOPTED in full. Mr. Muylle's Motion to Dismiss (Dkt. 113) is DENIED as moot. The Report & Recommendations for Dkt. 140 (Dkt. 160) is ADOPTED in full. Third-Party Defendants' Motion for Leave to File Third-Party Counterclaim and to Join Third-Party Counterclaim Defendants (Dkt. 140) is DENIED. Signed by Judge Tanya Walton Pratt on 11/7/2013. Copy Mailed.(JD)
November 7, 2013
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AMENDED ENTRY ON REPORT & RECOMMENDATIONS - The Report & Recommendation for Dkt. 106 (Dkt. 144) is ADOPTED as modified in this Entry. The objection (Dkt. 151) is SUSTAINED in part and OVERRULED in part. Plaintiff Wine & Canvas's and Third Party Defendants', Anthony Scott, Tamra McCracken and Donald McCracken, Motion to Dismiss Christopher Muylle's Counterclaim and Third-Party Complaint (Dkt. 106) is GRANTED in part and DENIED in part. The Report & Recommendations for Dkt. 133 (Dkt. 145) is ADOPTED as modified in this Entry. The objection (Dkt. 150) is SUSTAINED. Plaintiff Wine & Canvas's and Third Party Defendants', Anthony Scott, Tamra McCracken and Donald McCracken, Motion to Dismiss Theodore Weisser's Counterclaim and Third-Party Complaint (Dkt. 133) is DENIED. Signed by Judge Tanya Walton Pratt on 11/7/2013. Copy Mailed.(JD)
November 13, 2013
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REPORT AND RECOMMENDATIONS re 125 Second MOTION to Compel , For Rule to Show Cause, For Sanctions, Including Dismissal of Claims and for Default Judgment should be DENIED. Signed by Magistrate Judge Denise K. LaRue on 11/13/2013 (copy sent to Theodore Weisser)(CBU)
November 22, 2013
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ORDER - granting 131 Motion for Clerk's Entry of Default. The Clerk of Courts is ordered to enter default against the Third Party Counterclaim Defendants Theodore Weisser, YN Canvas CA, LLC, and Weisser Management Group, LLC, as well as Defendants Weisser Management Group, LLC and YN Canvas CA, LLC. Signed by Judge Tanya Walton Pratt on 11/22/2013. Copy Mailed. (CKM)
February 4, 2014
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REPORT AND RECOMMENDATIONS re 182 MOTION to Dismiss. Signed by Magistrate Judge Denise K. LaRue on 2/4/2014. Copy Mailed. (JD) Modified on 2/5/2014 (JD).
February 14, 2014
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ORDER - The Court DENIES Plaintiff's Verified Motion for Rule to Show Cause, to Compel and For Sanctions Against Defendant and Counterclaimant Christopher Muylle. [Dkt. 170.]. Signed by Magistrate Judge Denise K. LaRue on 2/14/2014. Copy Mailed. (JD)
February 25, 2014
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ORDER - ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted her Report and Recommendation (Dkt. 261) on Christopher Muylle's Motion to Dismiss (Dkt. 182). The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Tanya Walton Pratt on 2/25/2014. Copy Mailed(CKM)
April 8, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 187 Report and Recommendations and the objection is OVERRULED as moot. Signed by Judge Tanya Walton Pratt on 4/8/2014 (dist made)(CBU)
April 8, 2014
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ORDER denying 255 Appeal of Magistrate Judge Decision to District Court. The deposition of Mr. McCracken may resume consistent with the Magistrate Judge's rulings contained in Docket entry 256. Signed by Judge Tanya Walton Pratt on 4/8/2014 (dist made) (CBU)
April 15, 2014
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ORDER - denying 216 Motion for Reconsideration *** SEE ORDER ***. Signed by Judge Tanya Walton Pratt on 4/15/2014. Copy Mailed. (CKM)
April 15, 2014
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ENTRY - ON MOTION TO STRIKE; Mr. Muylle's Motion to Strike (Dkt. 282) is GRANTED. Wine & Canvas's Response in Opposition to Muylle's Motion for Summary Judgment; and, Countermotion for Summary Judgment against All Defendants (Dkt. 278) is STRICKEN. Additionally, Wine & Canvas's Response in Opposition to Strike and Request for Leave to Amend (Dkt. 284) is STRICKEN as it fails to comply with LR 7-1(a). Wine & Canvas is given seven (7) days from the date of this Entry to file a response within the stated limit of 35 pages. Signed by Judge Tanya Walton Pratt on 4/15/2014. Copy Mailed. (CKM)
April 15, 2014
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ORDER - denying 289 Motion for Reconsideration; *** SEE ORDER ***. Signed by Judge Tanya Walton Pratt on 4/15/2014. Copy Mailed. (CKM) Modified on 4/16/2014 to reflect correct file date (TRG).
August 15, 2014
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ENTRY on Motions for Summary Judgment - Wine & Canvas' Motion for Summary Judgment (Filing No. 189) is DENIED. Mr. Muylle's Motion for Summary Judgment (Filing No. 264) is GRANTED in part and DENIED in part. Wine & Canvas' and Third Party Defendants' Motion for Summary Judgment (Filing No. 309) is GRANTED in part and DENIED in part. Wine & Canvas' Count I and Count II claims, trademark infringement and false designation of origin, remain set for trial isolated to the time period after November 18, 2011. Trial also remains set on Mr. Muylle's claim for abuse of process and fees under the Lanham Act. Signed by Judge Tanya Walton Pratt on 8/15/2014. (TRG)
August 15, 2014
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ENTRY on Counter Defendant's Motion for Summary Judgment - Wine & Canvas' Motion for Summary Judgment (Filing No. 266) is GRANTED. Mr. Weisser's counterclaim is DISMISSED. Signed by Judge Tanya Walton Pratt on 8/15/2014. (TRG) (Main Document 342 replaced on 8/15/2014) (TRG).
October 9, 2014
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ORDER on Pending Motions - Wine & Canvas' Motion for Extension of Time (Filing No. 361) is GRANTED. Wine & Canvas' final pretrial documents are due NO LATER THAN 5 P.M. FRIDAY, OCTOBER 10, 2014. Wine & Canvas' Motion for Reconsideration (Filing No. 353) is DENIED. Wine & Canvas' Motion in Limine (Filing No. 348) is DENIED. Mr. Muylle's Motion in Limine (Filing No. 345) is GRANTED in part and DENIED in part. Signed by Judge Tanya Walton Pratt on 10/9/2014. (Copy mailed to Theodore Weisser) (TRG)
October 20, 2014
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ENTRY on Emergency Motion for Certificate of Appealability and Stay - Wine & Canvas' Emergency Motion for Certificate of Appealability and Stay (Filing No. 372) is DENIED. Signed by Judge Tanya Walton Pratt on 10/20/2014. (TRG)
November 10, 2014
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ENTRY on Defendant Theodore Weisser's Failure to Show Cause - The Court finds Defendant Theodore Weisser in default as to liability for the claims asserted against him in Plaintiff Wine & Canvas Development LLC's Amended Complaint. No partial judgment shall issue at this time. The matter shall be set for hearing on damages following the trial of the remaining defendant. Signed by Judge Tanya Walton Pratt on 11/10/2014. (copy mailed to Theodore Weisser)(TRG)
November 14, 2014
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ENTRY on Objections to Court's Proposed Issue Instruction and Verdict Forms - The issue instruction and verdict forms attached to this Entry will be submitted to the jury. Signed by Judge Tanya Walton Pratt on 11/14/2014. (Attachments: # (1) Verdict Forms, # (2) Issue Instruction)(copy mailed to Theodore Weisser)(TRG) Modified on 11/14/2014 (TRG). (Main Document 424 replaced on 11/14/2014) (TRG).
November 14, 2014
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ORDER on WNC Parties' Request for Judicial Notice - WNC Parties' request (Dkt. 417) is GRANTED in part and DENIED in part. Signed by Judge Tanya Walton Pratt on 11/14/2014. (Copy mailed to Theodore Weisser) (TRG)
November 15, 2014
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ENTRY on Objections to Demonstrative Exhibits. Signed by Judge Tanya Walton Pratt on 11/15/2014. (See Entry for details)(TRG)
December 4, 2014
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ORDER on Pending Matters and Briefing Schedule - WNC Parties may file a response to Mr. Weisser's Motion to Set Aside Default no later than Thursday, December 11, 2014. A reply brief, if any, is due by Thursday, December 18, 2014. Additionally, on December 2, 2014, the WNC Parties filed an Emergency Motion for Relief from Judgment (Filing No. 451). Said motion is stricken as premature as the Court has not yet entered final judgment. Signed by Judge Tanya Walton Pratt on 12/4/2014.(TRG)
December 31, 2014
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ORDER on Motion to Set Aside Default - Because Mr. Weisser has not shown good cause to set aside the default, his Motion to Set Aside Default (Filing No. 449) is DENIED. Pursuant to Fed. R. Civ. Pro. 55(b)(2) an evidentiary hearing on the merits of the case and damages is set for February 3, 2015 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 12/31/2014. (TRG)
January 9, 2015
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ORDER on Pending Motions - striking 459 Motion for Judgment as a Matter of Law; striking 460 Motion to Alter or Amend Judgment; granting in part 461 Motion to Stay; denying 462 Motion for Oral Argument; denying 463 Motion to Disqualify Counsel; denying 465 Motion for Pre-Hearing Conference; and denying 466 Motion for Leave to Conduct Expedited Discovery and Depositions. WNC Parties are granted an extension of time to file a response to Mr. Muylle's fee petition to January 15, 2015. Signed by Judge Tanya Walton Pratt on 1/9/2015. (TRG)
January 28, 2015
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ORDER ON 477 MOTION TO STRIKE - Because WNC Parties ignored the local rule governing the length of response briefs and filed an oversized brief, the Court GRANTS Mr. Muylle's Motion to Strike WNC Parties' response brief. Therefore, Filing No. 475 is stricken from the record. The Court grants leave to WNC Parties to file a belated response to Mr. Muylle's fee petition. The Court will accept the first 35 pages of the Amended Response (Filing No. 479-6) as WNC Parties' response, and it shall be deemed filed as of the date of this Entry. **SEE ORDER**. Signed by Judge Tanya Walton Pratt on 1/28/2015. (MGG)
May 1, 2015
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ; Default Judgment is entered against Defendant YN Canvas CA, LLC in the amount of $5,088.39 on WNC's breach of contract claim. WNC is entitled to recover its costs of this action from Defaulted Defendants Theodore Weisser, YN Canvas CA, LLC, and Weisser Management Group, LLC. Pursuant to Local Rule 54-1, WNC must submit its bill of costs within fourteen (14) days of the date of this Order. Counsel is encouraged to review Seventh Circuit case law and the federal statutes governing costs. WNC is also granted injunctive relief, and the Defaulted Defendants are enjoined as set forth in this Entry. Final judgment shall be entered accordingly. Signed by Judge Tanya Walton Pratt on 5/1/2015.(CKM)
September 15, 2015
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ORDER granting 457 Motion for Attorney Fees. Under Section 1117(a) of the Lanham Act, as the prevailing party in an exceptional case, Mr. Muylle is entitled to an award of his attorney fees and costs. Therefore, the Court GRANTS Mr. Muylle's Fee Petition (Filing No. 457), and WNC is ORDERED to pay Mr. Muylle an award of attorney fees and costs in the amount of $175,882.68. (See Order). Signed by Judge Tanya Walton Pratt on 9/15/2015. (MAC)
October 28, 2015
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ORDER on Wine & Canvas's Motion to Correct Error, Reconsider, and Vacate Order on Petition for Fees Under the Lanham Act - The Court DENIES WNC's Motion to Correct Error, Reconsider, and Vacate Order on Petition for Fees Under the Lanham Act (Filing No. 536). Signed by Judge Tanya Walton Pratt on 10/28/2015. (TRG) **Emailed to USCA re #15-2088** Modified on 10/30/2015 (LBT).
October 28, 2015
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ENTRY on Plaintiff Wine & Canvas Development LLC's Submission on Bill of Costs - WNC's Bill of Costs (Filing No. 517) is GRANTED in part and DENIED in part. The Court finds that WNC is entitled to recover under 28 U.S.C. § 1920 the sum of $10,593.17. Costs are taxed against Weisser in favor of WNC on its Bill of Costs in the total sum of $10,593.17. Signed by Judge Tanya Walton Pratt on 10/28/2015.(TRG)
October 28, 2015
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ENTRY on Defendant Christopher Muylle's Submission on Bill of Costs - Muylle's Bill of Costs (Filing No. 518) is GRANTED in part and DENIED in part. The Court finds that Muylle is entitled to recover under 28 U.S.C. § 1920 the sum of $1,661.30. Costs are taxed against WNC Parties in favor of Muylle on his Bill of Costs in the total sum of $1,661.30. Signed by Judge Tanya Walton Pratt on 10/28/2015.(TRG)
October 28, 2015
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and For Other Relief (Filing No. 512). Signed by Judge Tanya Walton Pratt on 10/28/2015. (TRG) **Emailed to USCA re: #15-2088** Modified on 10/30/2015 (LBT).ORDER on Wine & Canvas Parties' Motion to Alter or Amend Judgment, For a New Trial, For Relief from Judgment, and for Other Relief - The Court DENIES WNC Parties' Motion to Alter or Amend Judgment, For a New Trial, For Relief from Judgment,
October 28, 2015
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ORDER on Wine & Canvas Parties' Renewed Motion for Judgment as a Matter of Law and For New Trial - The Court DENIES WNC Parties' Renewed Motion for Judgment as a Matter of Law and for New Trial (Filing No. 513). Signed by Judge Tanya Walton Pratt on 10/28/2015. (TRG) **Emailed to USCA re #15-2088** Modified on 10/30/2015 (LBT).
June 27, 2017
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ENTRY granting Defendant Christopher Muylle's 600 Motion to Compel. See Entry. Signed by Judge Tanya Walton Pratt on 6/27/2017. (SWM)
June 27, 2017
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ENTRY ON WNC'S 616 Motion for Leave to Take Depositions and to Extend Response Deadline; Alternatively, Motion to Strike with Prejudice. WNC's Motion for Leave to Take Depositions and to Extend Response Deadline; Alternatively, Motion to Strike with Prejudice is GRANTED as follows: WNC is granted leave to conduct depositions of Weisser's counsel, Ronald Waicukauski and Carol Nemeth Joven. The depositions shall be limited to inquiring into the factual basis for Weisser's Rule 60 (b) motion (Filing No. 612). The depositions shall be limited to thirty minutes each and, if Weisser's counsel desire, the depositions shall be conducted at their offices in order to minimize disruption. The depositions shall be conducted no later than twenty-one (21) days from the date of this Entry, and WNC shall respond to Weisser's Rule 60(b) motion no later than fourteen (14) days after the depositions are completed. See Entry for additional information. Signed by Judge Tanya Walton Pratt on 6/27/2017. (SWM)
July 7, 2017
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ORDER denying without prejudice 620 Motion for turnover of trademarks; denying 627 Motion to Strike or disregard unsupported factual assertions and denying 629 Motion to Strike and alternatively denying 629 Motion for Extension of Time (See Order for further details). Signed by Judge Tanya Walton Pratt on 7/7/2017. (CBU)
October 26, 2017
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ORDER - 612 MOTION FOR RELIEF FROMJUDGMENT AND ORDER ON COSTS is denied. See order for details. Signed by Judge Tanya Walton Pratt on 10/26/2017. (MEJ)