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10-157 - DESIGN RESOURCES, INC. v. LEATHER INDUSTRIES OF AMERICA, et al


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10-157 - DESIGN RESOURCES, INC. v. LEATHER INDUSTRIES OF AMERICA, et al
September 28, 2012
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MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 09/28/2012. For the reasons set forth herein, IT IS HEREBY ORDERED that Defendant Cory's and Defendant Wanek's motions to dismiss for lack of personal jurisdiction (Docs. 20, 26) are hereby GRANTED. IT IS FURTHER ORDERED that Plaintiff's request for leave to conduct jurisdictional discovery is DENIED.(Taylor, Abby)
September 28, 2012
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motion to dismiss the Lanham Act claim is DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss for Failure to State a Claim (Doc. 22) filed by Defendants Ashley Furniture Industries, Inc., and Todd Wanek, and the Joint Motion to Dismiss all Counts of Plaintiff's Complaint Pursuant to Rule 12(b)(6) (Doc. 25) filed by Defendants Leather Industries of America and Dr. Nicholas J. Cory are DENIED WITHOUT PREJUDICE. A ruling on the legal sufficiency of Plaintiff's state law claims will be deferred to the next dispositive stage of litigation pursuant to Fed. R. Civ. P. 12(i). All arguments for judgment now appearing in the motion to dismiss may be incorporated into any summary judgment motions and briefs, if such motions are filed. However, for clarity of the record, those arguments should be specifically set out in those briefs and not simply incorporated by reference in a later brief.(Taylor, Abby)MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 09/28/2012. For the reasons stated herein, IT IS HEREBY ORDERED that Defendant Leather Industries' motion to dismiss (Doc. 25) is DENIED IN PART. The
August 19, 2014
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 08/19/2014, as set out herein. ORDERED that Plaintiff Design Resources, Inc.'s Motion for Partial Summary Judgment against Defendant Leather Industries of America (Doc. 102) is DENIED, that Plaintiff Design Resources, Inc.'s Motion for Partial Summary Judgment against Defendant Ashley Furniture Industries, Inc. (Doc. 104) is DENIED, that Defendant Leather Industries of America's Motion for Summary Judgment as to All Counts (Doc. 123) is GRANTED, that Defendant Ashley Furniture's Motion for Summary Judgment (Doc. 119) is GRANTED, and that this action is dismissed. FURTHER that Defendant Ashley Furniture's consent motion for extension of time (Doc. 95) to file a response to Plaintiff's motion for relief, the parties' joint motion to modify limitations on length of summary judgment briefs (Doc. 116), and the parties' agreed motion to extend deadline (Doc. 161) are GRANTED. For the reasons stated in this paragraph, IT IS FURTHER ORDERED that Plaintiff Design Resources, Inc.'s motion for relief from Ashley's spoliation of evidence (Doc. 86) is DENIED AS MOOT (evidence would go to Ashley's intent and is not relevant to this order); Defendant Ashley Furniture's motion to strike (Doc. 150) is DENIED AS MOOT; Defendant Leather Industries of America's motion for leave to file a supplemental memorandum (Doc. 154) is DENIED AS MOOT (email from Peplinski was considered in reaching conclusion; summary judgment was granted in favor of LIA); Defendant Ashley Furniture's motion to exclude the expert testimony of Mann, Armistead, and Epperson (Doc. 170) is DENIED AS MOOT (relevant to damages, not liability); Defendant Ashley Furniture's motion to strike untimely expert reports of Mann, Armistead, and Epperson (Doc. 172) is DENIED AS MOOT (damages); Defendant Leather Industries of Americas motion to exclude the testimony of Design Resources, Inc.'s proposed experts (Doc. 175) is DENIED AS MOOT (damages); and Ashley's motion to strike surreply and declaration of Jerry Epperson (Doc. 205) is DENIED AS MOOT (damages).(Taylor, Abby)
December 8, 2015
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nterprets consult to require a good-faith effort and not simply an exchange of emails, demands or refusals. If the consultation does not resolve this matter, the parties shall file one joint status report stating that a consultation was held and despite the good-faith effort of the parties and counsel, no resolution was reached. (Taylor, Abby)MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 12/08/2015, that this court holds in abeyance Defendants' motions for attorneys' fees, (Docs. 239, 242), and ORDERS that all parties engage in consultation regarding attorneys' fees, as required by Local Rule 54.2, within forty-five days of this Order. If the parties believe a mediator would be appropriate, this court will consider the appointment of a mediator. Finally, this court i
September 29, 2016
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/29/2016 as set out herein, that the Motion for Attorney's Fees filed by Defendant Leather Industries of America (Doc. 239) and the Motion for Attorneys' Fees Defendant Ashley Furniture Industries, Inc. (Doc. 242) are GRANTED and that Plaintiff Design Resources, Inc., shall pay attorneys' fees in the amount of $250,676 to Defendant Leather Industries of America and attorney's fees in the amount of $274,036 to Defendant Ashley Furniture Industries, Inc. (Taylor, Abby)