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09-1091 - Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al


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09-1091 - Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al
May 25, 2010
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ORDER denying 73 Motion to Dismiss; denying 104 Motion for Preliminary Injunction (Written Opinion). Signed by Judge Joan N. Ericksen on May 25, 2010. (slf)
September 23, 2010
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ORDER : IT IS ORDERED THAT:1.Movants Motion for Stay Pending Interlocutory Review [Docket No. 180] is DENIED.2.Movants Motion to Certify Order for Interlocutory Review [Docket No. 184] is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on September 23, 2010. (slf)
June 27, 2011
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ORDER : IT IS ORDERED THAT:1.Wal-Marts Motion for Partial Summary Judgment [Docket No. 284] is GRANTED.2.Summary judgment is granted in favor of Wal-Mart and against Aviva as to count three, the Lanham Act claim, of the Amended Complaint. (Written Opinion) Signed by Judge Joan N. Ericksen on June 27, 2011. (slf)
June 27, 2011
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ORDER : IT IS ORDERED THAT:1.Avivas Motion for Permanent Injunction [Docket No. 353] is DENIED.LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion) Signed by Judge Joan N. Ericksen on June 27, 2011. (slf)
September 23, 2011
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ORDER : IT IS ORDERED THAT:1.Defendants Motion for Summary Judgment [Docket No. 418] is GRANTED IN PART.2.Summary judgment is granted in favor of Defendants Fingerhut, Menard, and Kmart and against Aviva as to Count Three, the Lanham Act claim, and Count Four, the Minnesota UDTPA claim, of the Amended Complaint. (Written Opinion). Signed by Judge Joan N. Ericksen on September 23, 2011. (slf)
November 8, 2011
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ORDER : IT IS ORDERED THAT:1.Manleys Motion for Summary Judgment [Docket No. 425] is GRANTED IN PART and DENIED IN PART.2.Summary judgment in favor of Manley is GRANTED as to Avivas recovery of actual damages, but is DENIED in all other respects.3.Manleys Motion to Exclude the Expert Testimony of Hal Poret [Docket No. 433] is DENIED.4.Manleys Motion to Exclude the Expert Testimony of Dr. Michael J. Houston [Docket No. 431] is GRANTED.5.Manleys Motion to Exclude the Expert Testimony of Dr. David A. Krauss [Docket No. 440] is DENIED.6.Manleys Motion to Exclude the Expert Testimony of Frances McCloskey [Docket No. 438] is GRANTED IN PART and DENIED IN PART.7.Manleys Motion to Exclude the Expert Testimony of Frances McCloskey is GRANTED as to McCloskeys opinions regarding Avivas monetary damages, but is DENIED as to McCloskeys opinions regarding Manleys profits.8.Avivas Motion to Exclude the Expert Testimony of Manleys Rebuttal Experts [Docket No. 436] is DENIED. (Written Opinion). Signed by Judge Joan N. Ericksen on November 8, 2011. (slf)
February 28, 2012
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ORDER re 510 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 508 Order on Motion to Alter/Amend/Correct Other Orders.IT IS ORDERED THAT:1.The magistrate judges January 3, 2012 Order [Docket No. 508] is AFFIRMED. (Written Opinion). Signed by Judge Joan N. Ericksen on February 28, 2012. (slf)
July 18, 2012
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MARKMAN ORDER (Written Opinion). Signed by Judge Joan N. Ericksen on July 18, 2012. (slf)
August 6, 2012
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ORDER denying 624 Motion for Summary Judgment (Written Opinion). Signed by Judge Joan N. Ericksen on August 6, 2012. (slf)
November 7, 2012
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ORDER granting in part and denying in part 616 Motion for Summary Judgment (Written Opinion). Signed by Judge Joan N. Ericksen on November 7, 2012. (CBC)
December 3, 2012
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ORDER granting 686 Motion for Partial Summary Judgment. (Written Opinion) Signed by Judge Joan N. Ericksen on December 3, 2012. (CBC)
January 8, 2013
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REPORT AND RECOMMENDATION that: 1. Aviva's Motion for Sanctions [Docket No. 635] be GRANTED in part and DENIED in Part. 2. Default judgment be entered in Avivas favor on its Lanham Act and Minnesota Deceptive Trade Practices Act claims for an amount to be determined by the District Court upon proof of damages, and attorneys fees and costs at the District Courts discretion. 3. Judgment be entered in favor of Aviva and against Manley Toys, Ltd. in the amount of $362,438.00, in addition to all amounts it awards for damages, fees and costs associated with Avivas claims under the Lanham Act and Minnesota Deceptive Trade Practices Act. Objections to R&R due by 1/22/2013. Signed by Magistrate Judge Janie S. Mayeron on 1/8/13. (jam)
February 6, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATION 722 - IT IS ORDERED THAT: (1) Avivas Motion for Sanctions 635 is GRANTED in part and DENIED in part. (2) Default judgment is entered in Avivas favor on its claims under the Lanham Act and Minnesota Deceptive Trade Practices Act, for an amount to be determined by this Court upon proof of damages, and attorneys fees and costs at the Courts discretion. (3) Aviva shall submit to the Court proof of its damages on its Lanham Act claims. Manley is not permitted to oppose this submission. (4)Judgment is entered in favor of Aviva and against Manley in the amount of $362,438.00, in addition to any amounts Aviva may be awarded for damages, fees, and costs associated with Avivas claims under the Lanham Act and Minnesota Deceptive Trade Practices Act. (Written Opinion) Signed by Judge Joan N. Ericksen on February 6, 2013. (CBC)
February 27, 2013
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ORDER granting 770 Aviva's Motion for Voluntary Dismissal and denying as moot 776 Aviva's Motion to Expedite. (SEE ORDER FOR FURTHER DETAILS) (Written Opinion) Signed by Judge Joan N. Ericksen on February 27, 2013. (CBC)
May 2, 2013
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ORDER regarding telephonic conference (please see order for details). (Written Opinion) Signed by Judge Joan N. Ericksen on May 2, 2013. (CBC)
May 3, 2013
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ORDER: The magistrate judge's March 20, 2013 Order 797 is AFFIRMED in part and VACATED in part. The award of sanctions against Defendant Manley is AFFIRMED. The award of sanctions against Lobbin and the Eclipse Group is VACATED. Lobbin and the Eclipse Group are now under notice of the potential sanctions being considered against them. They may submit to the Court any additional evidence or arguments as to why they should not be sanctioned for their role in the failed Rule 30(b)(6) deposition on or before May 17, 2013. Aviva may respond on or before May 24, 2013. (Please see order for complete details.) (Written Opinion) Signed by Judge Joan N. Ericksen on May 3, 2013. (CBC)
July 23, 2013
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ORDER re. sanctions. (Written Opinion) Signed by Judge Joan N. Ericksen on July 23, 2013. (CBC)
August 16, 2013
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ORDER: The Clerk of Court is directed to unseal the Order dated August 6, 2013 822. (Please see order for complete details.) (Written Opinion) Signed by Judge Joan N. Ericksen on August 16, 2013. (CBC)
October 16, 2013
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ORDER: Manley's Motion to Extend Time to File Notice of Appeal 836 is DENIED. Manley, Fingerhut, Menard, and Kmart's Motion to Amend Final Judgment 837 is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 16, 2013. (CBC)
February 24, 2014
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ORDER denying 829 Motion for Attorney Fees and denying 862 Motion for Review of Taxation of Costs. (Written Opinion) Signed by Judge Joan N. Ericksen on February 24, 2014. (CBC)
January 27, 2015
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ORDER re Limited Remand. (Written Opinion) Signed by Judge Joan N. Ericksen on January 27, 2015. (CBC)
January 23, 2017
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ORDER denying 961 Motion for Sanctions. The hearing on January 27, 2017, is cancelled. (Written Opinion) (Please see Order for details.) Signed by Judge Joan N. Ericksen on January 23, 2017. (CBC)