WINE & CANVAS DEVELOPMENT LLC v. WEISSER et al
| WINE & CANVAS DEVELOPMENT LLC |
| ART UNCORKED, CHRISTOPHER MUYLLE, THEODORE WEISSER, WWW.ART-UNCORKED.COM and YN CANVAS CA, LLC |
| 1:2011cv01598 |
| December 2, 2011 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Tanya Walton Pratt |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
662
ORDER ON DEFENDANT CHRISTOPHER MUYLLE'S 651 SUPPLEMENTAL PETITION UNDER THE LANHAM ACT FOR POST NOVEMBER 30, 2014 FEES - Under Section 1117(a) of the Lanham Act, as the prevailing party in an exceptional case, Mr. Muylle is entitled to an award of his attorney fees and costs. Therefore, the Court GRANTS Mr. Muylle's Supplemental Fee Petition (Filing No. 651 ). Mr. Muylle requested supplemental fees in the amount of $200,832.50 and costs in the amount of $7,702.73 fo r a total award of $208,535.23. The Court reduces the requested amount by $80.00 for the duplicate time entry found in Mr. Muylle's fee statements. Thus, WNC is ORDERED to pay Mr. Muylle an award of attorney fees and costs in the amount of $208,455.23 for fees and costs incurred from December 1, 2014, through October 31, 2017. (See Order.) Signed by Judge Tanya Walton Pratt on 9/24/2018. (NAD)
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Filing
649
ORDER - 612 MOTION FOR RELIEF FROMJUDGMENT AND ORDER ON COSTS is denied. See order for details. Signed by Judge Tanya Walton Pratt on 10/26/2017. (MEJ)
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Filing
640
ORDER denying without prejudice 620 Motion for turnover of trademarks; denying 627 Motion to Strike or disregard unsupported factual assertions and denying 629 Motion to Strike and alternatively denying 629 Motion for Extension of Time (See Order for further details). Signed by Judge Tanya Walton Pratt on 7/7/2017. (CBU)
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Filing
638
ENTRY ON WNC'S 616 Motion for Leave to Take Depositions and to Extend Response Deadline; Alternatively, Motion to Strike with Prejudice. WNC's Motion for Leave to Take Depositions and to Extend Respon se Deadline; Alternatively, Motion to Strike with Prejudice is GRANTED as follows: WNC is granted leave to conduct depositions of Weisser's counsel, Ronald Waicukauski and Carol Nemeth Joven. The depositions shall be limited to inquiring into the factual basis for Weisser's Rule 60 (b) motion (Filing No. 612). The depositions shall be limited to thirty minutes ea ch and, if Weisser's counsel desire, the depositions shall be conducted at their offices in order to minimize disruption. The depositions shall be conducted no later than twenty-one (21) days from the date of this Entry, and WNC shall respond to Weisser's Rule 60(b) motion no later than fourteen (14) days after the depositions are completed. See Entry for additional information. Signed by Judge Tanya Walton Pratt on 6/27/2017. (SWM)
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Filing
551
ORDER on Wine & Canvas Parties' Renewed Motion for Judgment as a Matter of Law and For New Trial - The Court DENIES WNC Parties' Renewed Motion for Judgment as a Matter of Law and for New Trial (Filing No. 513 ). Signed by Judge Tanya Walton Pratt on 10/28/2015. (TRG)
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Filing
535
ORDER granting 457 Motion for Attorney Fees. Under Section 1117(a) of the Lanham Act, as the prevailing party in an exceptional case, Mr. Muylle is entitled to an award of his attorney fees and costs. Therefore, the Court GRANTS Mr. Muylle's Fee Petition (Filing No. 457), and WNC is ORDERED to pay Mr. Muylle an award of attorney fees and costs in the amount of $175,882.68. (See Order). Signed by Judge Tanya Walton Pratt on 9/15/2015. (MAC)
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Filing
510
FINDINGS OF FACT AND CONCLUSIONS OF LAW ; Default Judgment is entered against Defendant YN Canvas CA, LLC in the amount of $5,088.39 on WNC's breach of contract claim. WNC is entitled to recover its costs of this action from Defaulted De fendants Theodore Weisser, YN Canvas CA, LLC, and Weisser Management Group, LLC. Pursuant to Local Rule 54-1, WNC must submit its bill of costs within fourteen (14) days of the date of this Order. Counsel is encouraged to review Seventh Circuit ca se law and the federal statutes governing costs. WNC is also granted injunctive relief, and the Defaulted Defendants are enjoined as set forth in this Entry. Final judgment shall be entered accordingly. Signed by Judge Tanya Walton Pratt on 5/1/2015.(CKM)
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Filing
480
ORDER ON 477 MOTION TO STRIKE - Because WNC Parties ignored the local rule governing the length of response briefs and filed an oversized brief, the Court GRANTS Mr. Muylle's Motion to Strike WNC Parties' response brief. Therefore, Fil ing No. 475 is stricken from the record. The Court grants leave to WNC Parties to file a belated response to Mr. Muylle's fee petition. The Court will accept the first 35 pages of the Amended Response (Filing No. 479-6) as WNC Parties' response, and it shall be deemed filed as of the date of this Entry. **SEE ORDER**. Signed by Judge Tanya Walton Pratt on 1/28/2015. (MGG)
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Filing
471
ORDER on Pending Motions - striking 459 Motion for Judgment as a Matter of Law; striking 460 Motion to Alter or Amend Judgment; granting in part 461 Motion to Stay; denying 462 Motion for Oral Argument; denying 463 Motion to Disqualify Counsel; denying 465 Motion for Pre-Hearing Conference; and denying 466 Motion for Leave to Conduct Expedited Discovery and Depositions. WNC Parties are granted an extension of time to file a response to Mr. Muylle's fee petition to January 15, 2015. Signed by Judge Tanya Walton Pratt on 1/9/2015. (TRG)
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Filing
464
ORDER on Motion to Set Aside Default - Because Mr. Weisser has not shown good cause to set aside the default, his Motion to Set Aside Default (Filing No. 449 ) is DENIED. Pursuant to Fed. R. Civ. Pro. 55(b)(2) an evidentiary hearing on the merits of the case and damages is set for February 3, 2015 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 12/31/2014. (TRG)
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Filing
454
ORDER on Pending Matters and Briefing Schedule - WNC Parties may file a response to Mr. Weisser's Motion to Set Aside Default no later than Thursday, December 11, 2014. A reply brief, if any, is due by Thursday, December 18, 2014. Additionally, on December 2, 2014, the WNC Parties filed an Emergency Motion for Relief from Judgment (Filing No. 451 ). Said motion is stricken as premature as the Court has not yet entered final judgment. Signed by Judge Tanya Walton Pratt on 12/4/2014.(TRG)
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Filing
428
ENTRY on Objections to Demonstrative Exhibits. Signed by Judge Tanya Walton Pratt on 11/15/2014. (See Entry for details)(TRG)
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Filing
426
ORDER on WNC Parties' Request for Judicial Notice - WNC Parties' request (Dkt. 417 ) is GRANTED in part and DENIED in part. Signed by Judge Tanya Walton Pratt on 11/14/2014. (Copy mailed to Theodore Weisser) (TRG)
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Filing
408
ENTRY on Defendant Theodore Weisser's Failure to Show Cause - The Court finds Defendant Theodore Weisser in default as to liability for the claims asserted against him in Plaintiff Wine & Canvas Development LLC's Amended Complaint. No partial judgment shall issue at this time. The matter shall be set for hearing on damages following the trial of the remaining defendant. Signed by Judge Tanya Walton Pratt on 11/10/2014. (copy mailed to Theodore Weisser)(TRG)
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Filing
385
ENTRY on Emergency Motion for Certificate of Appealability and Stay - Wine & Canvas' Emergency Motion for Certificate of Appealability and Stay (Filing No. 372 ) is DENIED. Signed by Judge Tanya Walton Pratt on 10/20/2014. (TRG)
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Filing
367
ORDER on Pending Motions - Wine & Canvas' Motion for Extension of Time (Filing No. 361 ) is GRANTED. Wine & Canvas' final pretrial documents are due NO LATER THAN 5 P.M. FRIDAY, OCTOBER 10, 2014. Wine & Canvas' Motion for Reconsiderat ion (Filing No. 353 ) is DENIED. Wine & Canvas' Motion in Limine (Filing No. 348 ) is DENIED. Mr. Muylle's Motion in Limine (Filing No. 345 ) is GRANTED in part and DENIED in part. Signed by Judge Tanya Walton Pratt on 10/9/2014. (Copy mailed to Theodore Weisser) (TRG)
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Filing
342
ENTRY on Counter Defendant's Motion for Summary Judgment - Wine & Canvas' Motion for Summary Judgment (Filing No. 266 ) is GRANTED. Mr. Weisser's counterclaim is DISMISSED. Signed by Judge Tanya Walton Pratt on 8/15/2014. (TRG) (Main Document 342 replaced on 8/15/2014) (TRG).
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Filing
295
ORDER - denying 289 Motion for Reconsideration; *** SEE ORDER ***. Signed by Judge Tanya Walton Pratt on 4/15/2014. Copy Mailed. (CKM) Modified on 4/16/2014 to reflect correct file date (TRG).
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Filing
287
ORDER denying 255 Appeal of Magistrate Judge Decision to District Court. The deposition of Mr. McCracken may resume consistent with the Magistrate Judge's rulings contained in Docket entry 256. Signed by Judge Tanya Walton Pratt on 4/8/2014 (dist made) (CBU)
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Filing
269
ORDER - ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted her Report and Recommendation (Dkt. 261) on Christopher Muylle's Motion to Dismiss (Dkt. 182). The parties were afforded due opportunity pursuant to statute and t he rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Tanya Walton Pratt on 2/25/2014. Copy Mailed(CKM)
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Filing
263
ORDER - The Court DENIES Plaintiff's Verified Motion for Rule to Show Cause, to Compel and For Sanctions Against Defendant and Counterclaimant Christopher Muylle. [Dkt. 170 .]. Signed by Magistrate Judge Denise K. LaRue on 2/14/2014. Copy Mailed. (JD)
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Filing
210
ORDER - granting 131 Motion for Clerk's Entry of Default. The Clerk of Courts is ordered to enter default against the Third Party Counterclaim Defendants Theodore Weisser, YN Canvas CA, LLC, and Weisser Management Group, LLC, as well as Defendants Weisser Management Group, LLC and YN Canvas CA, LLC. Signed by Judge Tanya Walton Pratt on 11/22/2013. Copy Mailed. (CKM)
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Filing
184
AMENDED ENTRY ON REPORT & RECOMMENDATIONS - The Report & Recommendation for Dkt. 106 (Dkt. 144 ) is ADOPTED as modified in this Entry. The objection (Dkt. 151 ) is SUSTAINED in part and OVERRULED in part. Plaintiff Wine & Canvas's and Third P arty Defendants', Anthony Scott, Tamra McCracken and Donald McCracken, Motion to Dismiss Christopher Muylle's Counterclaim and Third-Party Complaint (Dkt. 106 ) is GRANTED in part and DENIED in part. The Report & Recommendations for Dkt. 133 (Dkt. 145 ) is ADOPTED as modified in this Entry. The objection (Dkt. 150 ) is SUSTAINED. Plaintiff Wine & Canvas's and Third Party Defendants', Anthony Scott, Tamra McCracken and Donald McCracken, Motion to Dismiss Theodore Weisser's Counterclaim and Third-Party Complaint (Dkt. 133 ) is DENIED. Signed by Judge Tanya Walton Pratt on 11/7/2013. Copy Mailed.(JD)
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Filing
138
ORDER granting 105 Defendant Christopher Muylle's Application for Attorney's Fees. Signed by Magistrate Judge Denise K. LaRue on 7/31/2013. c/m (TMA)
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Filing
112
ENTRY - Wine & Canvas's Motion for More Definite Statement from Mr. Muylle (Dkt. 46 ) is TERMINATED as moot. Wine & Canvas's Motion for More Definite Statement from Mr. Weisser (Dkt. 53 ) is GRANTED in that Mr. Weisser is directed to identify and attach the licensing agreement referenced in Count I of his Counter-Claim, and DENIED in all other respects. Signed by Judge Tanya Walton Pratt on 7/2/2013. Copy Mailed. (JD)
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Filing
32
ENTRY ON PENDING MOTIONS - Defendants' Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 16 ) is DENIED regarding Mr. Weisser and YN Canvas and GRANTED with respect to AU Website; Defendants' Motion to Dismiss for Failure to Sta te a Claim (as to Counts I, IV, and IX) (Dkt. 14 ) is GRANTED WITHOUT PREJUDICE; Defendants' Motion to Dismiss for Failure to State a Claim (as to Counts X and XI) (Dkt. 14 ) is GRANTED; Defendants' Motion to Strike (Count VI) is GRANTED; and Plaintiff's Motion to Strike Portions of Defendants' Reply Brief (Dkt. 30 ) is DENIED AS MOOT. Signed by Judge Tanya Walton Pratt on 8/7/2012.(JD) Removed document restriction on 8/8/2012 (JD).
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