Premier Pool Management Corp. v. Lusk et al
| Premier Pool Management Corp. |
| Franklin Dean Lusk and Jason Lusk |
| 2:2011cv02896 |
| November 2, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| Garland E. Burrell |
| Trademark |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
20
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/3/12 RECOMMENDING that Plaintiff Premier Pool Management Corp.'s ("PPMC") motion for default judgment 12 be granted in part; U.S. Registration No. 3,574, 382 for the mark PREMIER POOL CONSTRUCTION, INC. be cancelled; Defendant Dean Lusk, and all persons acting in concert or active participation with him, be permanently enjoined from: (a) directly or indirectly wrongfully interfering with PPMC and the use of its marks, including the mark PREMIER POOLS & SPAS (the "PPMC Mark"); (b) directly or indirectly wrongfully interfering with PPMC's contractual or business relationships with its licensees or vendors;(c) claiming that defendant Dean Lusk is the owner of U.S. Registration No.3,574,382; (d) asserting any ownership of the mark PREMIER POOL CONSTRUCTION, INC. (the "PPCI Mark"); and (e) making any false statements about PPMC or its ownership of the PPMC Mark; PPMC be a warded costs in the amount of $1191.87;PPMC be awarded attorneys' fees in the amount of $9,741.00; Judgment be entered for PPMC; and The Clerk of Court be directed to close this case. Referred to Judge Garland E Burrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
18
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/25/12 ORDERING that, within seven days of this order, plaintiff's counsel shall file a supplemental declaration. (Kastilahn, A)
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Filing
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ORDER DISCHARGING 7 ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 4/12/2012. Pursuant to Mr. Leonard's Declaration, the Status Conference has been CONTINUED to 7/9/2012 at 9:00 AM in Courtroom 10 (GEB). A further Status Report shall be filed no later than 14 days prior to Conference Hearing. (Marciel, M)
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Filing
7
ORDER to SHOW CAUSE and CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 2/16/12: Status Conference RESET for 4/23/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff is ORDERED to Show Cause (O SC) in a writing to be filed no later than 2/27/12, why sanctions should not be imposed against it and/or its counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. The written response shall also state whether Plaintiff or its counsel is at fault, and whether a hearing is requested on the OSC. Show Cause Response due by 2/27/2012. If a hearing is requested, it will be held on 4/23/12 at 9:00 a.m. just prior to the Status Conference. A status report shall be filed no later than 14 days prior to the Status Conference. Further, Plaintiff is notified under Rule 4(m) of the Federal Rules of Civil Procedure that failure to serve Defendant Jason Lusk dba Smartproseo with process within the 12 0 day period prescribed in that Rule may result in the unserved defendant being dismissed. To avoid dismissal, on or before 3/5/12, Plaintiff shall file proof of service for this defendant or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period. (Meuleman, A)
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