Lighting & Supplies, Inc. v. Sunlite USA Corporation

Justia Dockets & Filings Second Circuit New York Eastern District Lighting & Supplies, Inc. v. Sunlite USA Corporation

Lighting & Supplies, Inc. v. Sunlite USA Corporation

Plaintiff:	Lighting & Supplies, Inc.
Defendant:	Sunlite USA Corporation
Case Number:	1:2014cv04344
Filed:	July 16, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 44 Trademark Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 17, 2015	Filing 84 MEMORANDUM & OPINION. The parties stipulate entry of a preliminary injunction. Defendants' motion [at 30 ] for a bond is denied. Defendant Mikail's 70 motion to vacate the default judgment against him is granted. Plaintiff' ;s 58 motion for an entry of the default judgment is denied. Defendant Mikail's 83 untimely answer is accepted. On October 8, 2014, plaintiff filed a 19 second amended complaint. A motion to amend the pleadings to substitute the real party of interest is granted on consent. The pleadings are amended to add Spotlite USA Corporation as a defendant. The case caption shall be amended to reflect this change. Plaintiff's 69 motion to dismiss defendant Sunlite USA w ithout prejudice is denied. Defendants deny all elements of the second amended complaint. Completion of discovery is respectfully referred to the magistrate judge. Discovery shall be expedited. The magistrate judge shall engage the parties in settlement discussions. The magistrate shall oversee settlement over 1) the terms of a final injunction; and 2) any possible damages. Trial on any damages shall commence on August 11, 2015 at 10:00 a.m. in Courtroom l OB South. Jury selection will occur on August 10, 2015 at 10:00 a.m. in Courtroom lOB South. At the request of plaintiff, the court shall select the jury. Argument on in limine motions will be heard on August 3, 2015 at 10:00 a.m. in Courtroom 1OB South. Representatives from plaintiff and defendant, as well as defendant Mikail, shall appear in person at the in limine hearing. By July 27, 2015 at 10:00 a.m., the parties shall submit prop osed jury charges with verdict sheets, in limine motions, and supporting briefs. They shall exchange and docket: (1) lists of pre-marked exhibits proposed for use at trial and stipulations regarding admissibility; (2) lists of poten tial witnesses together with brief summaries of proposed testimony; (3) stipulations with respect to all undisputed facts; and (4) proposed voir dire. Copies shall be provided to the court. All expert reports shall be exchanged by July 27, 2015. Damages shall be calculated up to the first day of trial. The jury shall determine damages. Ordered by Judge Jack B. Weinstein on 6/16/2015. (Barrett, C)

Date Filed

Document Text

June 17, 2015

Filing 84 MEMORANDUM & OPINION. The parties stipulate entry of a preliminary injunction. Defendants' motion [at 30 ] for a bond is denied. Defendant Mikail's 70 motion to vacate the default judgment against him is granted. Plaintiff' ;s 58 motion for an entry of the default judgment is denied. Defendant Mikail's 83 untimely answer is accepted. On October 8, 2014, plaintiff filed a 19 second amended complaint. A motion to amend the pleadings to substitute the real party of interest is granted on consent. The pleadings are amended to add Spotlite USA Corporation as a defendant. The case caption shall be amended to reflect this change. Plaintiff's 69 motion to dismiss defendant Sunlite USA w ithout prejudice is denied. Defendants deny all elements of the second amended complaint. Completion of discovery is respectfully referred to the magistrate judge. Discovery shall be expedited. The magistrate judge shall engage the parties in settlement discussions. The magistrate shall oversee settlement over 1) the terms of a final injunction; and 2) any possible damages. Trial on any damages shall commence on August 11, 2015 at 10:00 a.m. in Courtroom l OB South. Jury selection will occur on August 10, 2015 at 10:00 a.m. in Courtroom lOB South. At the request of plaintiff, the court shall select the jury. Argument on in limine motions will be heard on August 3, 2015 at 10:00 a.m. in Courtroom 1OB South. Representatives from plaintiff and defendant, as well as defendant Mikail, shall appear in person at the in limine hearing. By July 27, 2015 at 10:00 a.m., the parties shall submit prop osed jury charges with verdict sheets, in limine motions, and supporting briefs. They shall exchange and docket: (1) lists of pre-marked exhibits proposed for use at trial and stipulations regarding admissibility; (2) lists of poten tial witnesses together with brief summaries of proposed testimony; (3) stipulations with respect to all undisputed facts; and (4) proposed voir dire. Copies shall be provided to the court. All expert reports shall be exchanged by July 27, 2015. Damages shall be calculated up to the first day of trial. The jury shall determine damages. Ordered by Judge Jack B. Weinstein on 6/16/2015. (Barrett, C)

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Plaintiff: Lighting & Supplies, Inc.
Represented By:	Bernard Malina
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Defendant: Sunlite USA Corporation
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