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16-144 - Lawn Managers, Inc. v. Progressive Lawn Managers, Inc.


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16-144 - Lawn Managers, Inc. v. Progressive Lawn Managers, Inc.
January 9, 2017
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urt parties in the subject trademark. These reports must be filed in this federal action every two calendar months, on or about the first day of the month, with the first report being filed on or about April 1, 2017. IT IS FURTHER ORDERED that all pending motions (ECF Nos. 33, 37) are denied without prejudice. Signed by Magistrate Judge David D. Noce on 1/9/17. (JAB) Modified on 3/10/2017 (KKS).(VACATED per Order #49) MEMORANDUM AND ORDER STAYING ACTION PENDING STATE COURT RESOLUTION: IT IS HEREBY ORDERED that this federal court action is stayed until such time as it is shown that the state courts have finally adjudicated the property interests of the state court parties in the subject trademark. IT IS FURTHER ORDERED that the parties must file documentary reports on the status of the subject state court proceedings' final resolution of the property interests of the state co
July 27, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for summary judgment (Doc. 53) on the affirmative defenses of consent, waiver, release, and collateral estoppel is sustained. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Doc. 53) on the affirmative defense of unclean hands is denied. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Doc. 53) on the counterclaim is denied. Signed by Magistrate Judge David D. Noce on 7/27/2017. (CLO)
September 28, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants motion to exclude the testimony of plaintiffs expert Fernando Torres (ECF No. 66) is GRANTED in part. Mr. Torres may not offer irrelevant factual evidence or legal testimony, but may offer the remainder of the opinions contained in his expert report. Signed by Magistrate Judge David D. Noce on 9/28/17. (JAB)
June 11, 2018
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MEMORANDUM OPINION - An appropriate Judgment Order is filed herewith.. Signed by Magistrate Judge David D. Noce on 6/11/18. (KKS)
July 13, 2018
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ting company, advertising listing, and any such other entity that defendant has used or provided contact information to since January 1, 2015, that it is no longer using the name Lawn Managers. Defendant must direct all such entities to change their records to reflect defendants correct name. IT IS FURTHER ORDERED that for the clarity of the record a Supplemental Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 7/13/18. (JAB)MEMORANDUM AND ORDER REGARDING POST-JUDGMENT MOTIONS: IT IS HEREBY ORDERED that the motion of defendant to alter, amend, or seek relief from judgment (Doc. 125) is sustained in part, in that: a. Paragraph 1(B) is struck and replaced with the following: 1. B. If defendant continues to use the name "Progressive Lawn Managers," these three words must be contiguous, each word being of the same font and the word "Progressive" being of a font size at least twice as large as that of the words "Lawn Managers;" and b. Paragraph 8 of the Judgment Order is struck without replacement. In all other respects, the motion is DENIED. IT IS FURTHER ORDERED that defendants supplemental motion to alter, amend, or seek relief from judgment (Doc. 137) is sustained, in that Paragraph 4 of the Judgment Order is struck and replaced with the following: Defendant must notify any government agency, domain name registrar, bank, business directory, telephone directory, lis