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14-284 - JDR Industries, Inc. v. McDowell et al


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14-284 - JDR Industries, Inc. v. McDowell et al
May 27, 2015
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MEMORANDUM AND ORDER that the parties are directed to submit briefs (and any necessary evidentiary materials) on the issues discussed in this order regarding the MOTION for Preliminary Injunction 8 filed by JDR Industries, Inc. Simultaneous briefs and materials shall be submitted by June 9, 2015. Absent further order of the Court, no further briefing will be permitted. After submitting such materials, if the parties believe that a hearing would be helpful in resolving JDR's motion for a preliminary injunction, they shall contact the Court, on or before June 16, 2015, to set a date and time for such hearing. Ordered by Judge John M. Gerrard. (JSF)
July 30, 2015
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ORDER - After conferring with counsel,1) With the exception of the mandatory disclosure deadline, all dates in the court's current progression order, (Filing No. 28), including the pretrial conference scheduled for November 11, 2015, the jury trial is scheduled for November 30, 2015, and the conference call scheduled for September 1, 2015, are set aside.2) Within ten (10) days after the court rules on the pending motion for preliminary injunction, (Filing No. 8), summary judgment motion, (Filing No. 34), and motion to dismiss, (Filing No. 50), the parties shall contact the undersigned magistrate judge's chambers to set a new progression schedule for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 4, 2015
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MEMORANDUM AND ORDER that JDR's Motion for Preliminary Injunction (filing 8) is denied as moot. JDR's Motion for Partial Summary Judgment (filing 34) is granted in part and denied in part. Defendants' Motion to Dismiss Second Cause of Action of Defendants' Counterclaim (filing 50) is granted. Defendants' claim under the Nebraska Consumer Protection Act is dismissed. Ordered by Judge John M. Gerrard. (MBM)
September 14, 2015
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ORDER granting 57 Motion to Amend Complaint. Plaintiff's amended complaint, a copy of which is attached to its motion, shall be filed on or before September 18, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
November 6, 2015
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ORDER granting 89 Email Motion for Telephone Conference.1) Plaintiff's Motion for Telephone Conference, (Filing No. 89), is granted. Telephone Conference is set for 11/19/2015 at 3:30 pm.2) Counsel for the Plaintiff shall notify pro se defendants, James L. Vance and J.L. Vance, L.L.C. of the telephone conference and file poof of notice with the Court.3) Call-in instructions will be filed separately. Counsel for the Plaintiff shall provide instructions to pro se defendants, once filed.4) The parties are instructed to provide the undersigned a brief summary of the disputed issues, no more than 10 pages, on or before 11/18/2015.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 12, 2015
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ORDER that Plaintiff's Motion to Strike 81 is granted, and the Answer filed on behalf of Defendant J.L. Vance, L.L.C. by it co-defendant, James L. Vance 80 is stricken. On or before November 24, 2015, Defendant J.L. Vance, L.L.C. shall obtain the services of counsel and have that attorney file an appearance and Answer on its behalf, in the absence of which the court may file an entry and/or judgment of default against it without further notice. The clerk shall mail a copy of this order to Defendant J.L. Vance, L.L.C. at: J.L. Vance, L.L.C., c/o James L. Vance, Registered Agent, 5356 North 29th Street, Omaha, Nebraska 68111. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (JSF)
November 12, 2015
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AGREED PROTECTIVE ORDER - Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 4, 2016
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FINDINGS AND RECOMMENDATION regarding Order95 to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that a default be entered against Defendant J.L. Vance, L.L.C. without further notice. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
January 27, 2016
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation (filing 108) are adopted. The Clerk of Court is directed to enter a default against defendant J.L. Vance, L.L.C. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party ) (LAC) Modified on 1/27/2016 to include copy mailed to pro se party. (LAC).
January 28, 2016
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ORDER - After conferring with counsel,1) Plaintiff's motion to compel, (Filing No. 102), is denied without prejudice to Plaintiff's efforts to obtain the information by subpoena or other methods allowed by law from in possession of Defendant McDowell's property following his death.2) Plaintiff's motion to compel, (Filing No. 105), is granted. On or before February 18, 2016, James Vance shall produce to Plaintiff his business records and those of J.L. Vance LLC (including but not limited to purchase orders, delivery documents, receipts, contracts, and the like) dating back to December 1, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(JAB)
January 28, 2016
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ORDER - 1) The motion to withdraw filed by Michael F. Polk as counsel of record for LaGrange Supply Co, L.L.C., (filing no. 111), is granted.2) LaGrange Supply Co, L.L.C., cannot litigate in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before February 18, 2016, it shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may file an entry and/or judgment of default against it without further notice.3) Michael F. Polk shall promptly mail a copy of this order to the heirs of decedent Edwin K. McDowell, and file a certificate of service stating the date and the manner of service, and the names and addresses served. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 1/28/2016 to reflect copy mailed to pro se parties. (JAB)
January 29, 2016
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ORDER regarding 109 Suggestion of Death. A suggestion of death has been filed on behalf of named defendant, now decedent, Edwin K McDowell. (Filing No. 109). As such, this case is stayed as to Defendant McDowell pending revival of such claims. On or before March 25, 2016, Plaintiff shall file a notice stating the claims against Edwin K. McDowell have been revived in accordance with Nebraska law, in the absence of which such claims may be dismissed with prejudice for want of prosecution. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 21, 2016
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FINDINGS, RECOMMENDATION, AND ORDER to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that a default and/or default judgment be entered against Defendant LaGrange Supply Co., L.L.C. without further notice. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed)(JAB)
April 12, 2016
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led to pro se parties) (LAC) Modified on 4/12/2016 to include copies mailed (LAC).MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation (filing 128) are adopted. The Clerk of Court is directed to enter a default against defendant LaGrange Supply Co., L.L.C. Ordered by Judge John M. Gerrard. (Copy mai
September 23, 2016
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red by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 9/26/2016 to add (Copy mailed to pro se party) (GJG).ORDER granting 151 Motion to Stay, and denying motions for summary judgment 83, 98, and 150 and the related motions 115 and 135, without prejudice to re-filing after the Douglas County Court rules on the pending probate issues. Orde
November 19, 2016
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ORDER setting deadlines for renewed summary judgment. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 18, 2017
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MEMORANDUM AND ORDER granting 158 JDR's MOTION to dismiss Michael E. McDowell in his capacity as Trustee of the Edwin K. McDowell Revocable Trust; granting in part and denying in part JDR's MOTION for Summary Judgment (Renewed)159. The magistrate judge shall progress this matter to final disposition. Ordered by Judge John M. Gerrard. (CCB)
June 16, 2017
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ORDER ON PERMANENT INJUNCTION that the Plaintiff is the sole lawful owner of the registered and distinctive mark LAGRANGE which has been registered with the United States Patent and Trademark Office at Registration No. 4,114,106. That Defendants and their affiliates are hereby permanently enjoined and restrained from and shall immediately terminate all use, in any manner whatsoever, of the Mark and any confusingly similar derivatives, which injunction includes, but is not limited to: a. the use in any manner of the Mark, and any other term or terms likely to cause confusion therewith, b. the use in any manner of the Mark in connection with Defendants' goods or services; and c. otherwise engaging in any other acts or conduct which would cause consumers to erroneously believe that Defendants' goods or services are somehow sponsored by, authorized by, licensed by, or in any other way associated with JDR. That if Defendants, or any of them individually, are found by the Court to be in contempt of, or otherwise to have violated this Order, in addition to the other remedies available to Plaintiff for contempt or violation of this Order, Plaintiff may seek entry of a temporary restraining order and a preliminary injunction and that in addition, Plaintiff shall be entitled, in addition to any damages caused by Defendants' contempt or violation of this Order, to seek to recover its attorneys' fees, costs and other expenses incurred in enforcing this Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)