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12-2899 - Select Comfort Corporation v. Baxter et al


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12-2899 - Select Comfort Corporation v. Baxter et al
January 13, 2016
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MEMORANDUM OPINION AND ORDER. 1. Plaintiffs' Motion for Partial Summary Judgment (Doc. No. 233) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiffs are entitled to summary judgment on Counterclaim II. b. Plaintiffs are entitled to summary judgment on Defendants' unclean hands defense to the extent that it is based on Plaintiffs' alleged purchase of competitor' keywords. c. Plaintiffs' motion is denied in all other respects.2. Dires Defendants Motion for Summary Judgment (Doc. No. 221) is GRANTED IN PART and DENIED IN PART as follows: a. Dires Defendants are entitled to summary judgment on Plaintiff's unjust enrichment claim (Count IX). b. Dires Defendants are entitled to summary judgment on Plaintiffs' claim of successor liability. c. Dires Defendants' motion is denied in all other respects.3. Baxters Motion for Summary Judgment (Doc. No. 226) is GRANTED IN PART and DENIED IN PART as follows: a. Baxter is entitled to summary judgment on Plaintiff's unjust enrichment claim (Count IX). b. Baxter is entitled to summary judgment on Plaintiffs' claim of successor liability. c. Baxter's motion is denied in all other respects. (Written Opinion) Signed by Judge Donovan W. Frank on 1/13/2016. (BJS)
October 25, 2016
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MEMORANDUM OPINION AND ORDER. 1. Dires Defendants' Motion to Exclude Testimony of Plaintiffs' Expert, Sarah Butler (Doc. No. 277) is DENIED. 2. Dires Defendants' Motion to Exclude in Part Testimony of Plaintiffs' Expert, Hal Poret (Doc. No. 280) is DENIED. 3. Dires Defendants' Motion to Exclude Testimony of Plaintiffs' Expert, Theodore Davis (Doc. No. 283) is GRANTED in light of the Court' dismissal of Defendants' Counterclaim III. 4. Dires Defendants' Motion to Exclude Expert Testimony of Renee Marino (Doc. No. 287) is DENIED. 5. Plaintiffs' Motion to Exclude Report and Opinions of Uli Widmaier (Doc. No. 291) is GRANTED in light of the Courts dismissal of Defendants Counterclaim III. 6. Plaintiffs' Motion for Reconsideration (Doc. No. 325) of the Court's Memorandum Opinion and Order (Doc. No. 270) is GRANTED IN PART for the reasons described above insofar as the Court dismisses Counterclaim III.(Written Opinion) Signed by Judge Donovan W. Frank on 10/25/2016. (BJS)
December 5, 2016
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MEMORANDUM OPINION AND ORDER. 1. Defendants' Request for Leave to File a Motion for Reconsideration (Doc. No. 334) is DENIED. 2. Defendants' Motion for Leave to Amend (Doc. No. 333) is DENIED. Defendants' motion is untimely, prejudicial to Plaintiff, and not based on good cause for the relief requested. 3. Defendants' Motion to Continue Trial Date (Doc. No. 450) is MOOT. 4. Defendants' Joint Motion to Consolidate Actions (Doc. No. 459) is DENIED. However, in the event that the parties waive a jury trial in this action and, instead, opt for a court trial, the Court is willing to receive evidence that would bear on both this action and the related declaratory judgment action. (See Order for rulings on Motions in Limine.)(Written Opinion) Signed by Judge Donovan W. Frank on 12/5/2016. (BJS)