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15-844 - Michael Kors, L.L.C. v. Hernandez International, Inc. et al


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15-844 - Michael Kors, L.L.C. v. Hernandez International, Inc. et al
October 27, 2016
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MEMORANDUM AND ORDER. The Court concludes that the seized items displayed counterfeit Kors Marks, and that there is a likelihood of confusion between the Kors Mark and the counterfeit marks. It is therefore ORDERED that Plaintiff Kors Evidentiary Objections to Hernandezs Spoliation Motion Evidence [Doc. # 40-7] are OVERRULED in part in accordance with this Memorandum and Order. It is further ORDERED that Defendant Hernandezs Motion for Sanctions [Doc. # 34]is DENIED. It is further ORDERED that Defendant Hernandezs Motion for Summary Judgment [Doc. # 34] is DENIED. It is further ORDERED that Defendant Hernandezs Motion for Continuance [Doc. # 34] is DENIED. It is furtherORDERED that Defendant Hernandezs Motions to Strike Ralph Richard,Jr., Stephanie Voyles and Joel Voyles [Docs. # 31, # 32, # 33] are GRANTED inpart in accordance with this Memorandum and Order and DENIED in all otherrespects. It is further ORDERED that Defendant Hernandezs Objections to and Motions to Strike Kors Partial Summary Judgment Evidence [Doc. # 41-2] is GRANTED in part in accordance with this Memorandum and Order and DENIED in all other respects. It is further ORDERED that Plaintiff Kors Motion to Exclude the Expert Testimony of Michael Santoni is GRANTED. It is furtherORDERED that Plaintiff Kors Motion for Partial Summary Judgment [Doc. # 35] is GRANTED in limited part in accordance with this Memorandumand Order and DENIED in all other respects. It is furtherORDERED that the parties must mediate this case before Docket Call. (Signed by Judge Nancy F Atlas) Parties notified. (wbostic, 4)