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12-1462 - De Boulle Diamond & Jewelry Inc v. Boulle LTD et al


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12-1462 - De Boulle Diamond & Jewelry Inc v. Boulle LTD et al
July 31, 2014
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court finds and concludes that Plaintiffs are not entitled to summary judgment on Defendant's counterclaims and third-party claims for trademark infringement and unfair competition under federal and state law because they have not established beyond peradventure that such claims were released by the 1993 Settlement Agreement. Accordingly, the Court recommends that (1) Plaintiffs' motion for summary judgment (Doc. 68) should be DENIED and (2) Defendant's cross-motion for summary judgment (Doc. 86) and supplemental motion for summary judgment (Doc. 147) should be GRANTED with respect to Plaintiffs' claims and causes of action and DENIED with respect to its own claims for trademark infringement and unfair competition. Plaintiffs' claims and causes of action should be dismissed with prejudice. Defendant's counterclaims and third-party claims should proceed to trial in the District Court. (see order) (Ordered by Magistrate Judge Paul D Stickney on 7/31/2014) (mcrd)
August 29, 2014
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MEMORANDUM OPINION AND ORDER: Having reviewed the pleadings, file, and record in this case, and the 154 findings and conclusions of the magistrate judge, the court determines that the magistrate judge's findings and conclusions are correct, and accepts them as those of the court. For the reasons stated herein, the court (1) denies Plaintiff and Third-Party Defendant's 147 Motion for Summary Judgment on Defendant's counterclaims and third-party claims; (2) grants Defendant's Cross-Motion for Summary Judgment on all of Plaintiff's claims and causes of action; and (3) denies Defendant's Motion for Summary Judgment on its own counterclaims and third-party claims. Plaintiff Boulle Ltd.'s claims against Defendant are dismissed with prejudice. Defendant's counterclaims and third-party claims of trademark infringement, unfair competition, misappropriation, and state-law dilution will proceed to trial. Further, the court grants Defendant's 167 Motion to Realign the Parties. The court therefore directs the clerk of the court to change the caption of this action to reflect this realignment. (Ordered by Judge Sam A Lindsay on 8/29/2014) (ctf)
September 5, 2014
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MEMORANDUM ORDER granting in part and denying in part 83 Motion to Exclude Testimony of Defendant's Proferred Expert Steven Dennis. (Ordered by Magistrate Judge Paul D Stickney on 9/5/2014) (skt)
August 25, 2015
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Memorandum Opinion and Order. The court grants in part and denies in part 279Plaintiffs Motion for Entry of Judgment and denies 280 De Boulles Motion for a Finding that this is an Exceptional Case. (Ordered by Judge Sam A Lindsay on 8/25/2015) (ndt)
August 22, 2016
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FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Pursuant to the provisions of 28 U.S.C. ยง 636(b) and an order of the District Court, this motion has been referred to the United States Magistrate Judge. The Court recommends that Plaintiffs motion for attorney fees based upon the 1993 Settlement Agreement be DENIED. (see order) (Ordered by Magistrate Judge Paul D Stickney on 8/22/2016) (mcrd)
October 6, 2016
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Order Accepting 332 Findings and Recommendations on Case. Plaintiff's 299 Motion for Attorney's Fees is denied. (Ordered by Judge Sam A Lindsay on 10/6/2016) (rekc)