DESIGN RESOURCES, INC. v. LEATHER INDUSTRIES OF AMERICA, et al
| DESIGN RESOURCES, INC. |
| LEATHER INDUSTRIES OF AMERICA, NICHOLAS J. CORY, ASHLEY FURNITURE INDUSTRIES, INC. and TODD WANEK |
| 1:2010cv00157 |
| February 26, 2010 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| WALLACE W. DIXON |
| WILLIAM L. OSTEEN JR. |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Filing
252
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/29/2016as set out herein, that the Motion for Attorney's Fees filed by Defendant Leather Industries of America (Doc. 239 ) and the Motion for Attorneys' ; Fees Defendant Ashley Furniture Industries, Inc. (Doc. 242 ) are GRANTED and that Plaintiff Design Resources, Inc., shall pay attorneys' fees in the amount of $250,676 to Defendant Leather Industries of America and attorney's fees in the amount of $274,036 to Defendant Ashley Furniture Industries, Inc. (Taylor, Abby)
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Filing
250
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 12/08/2015,that this court holds in abeyance Defendants' motions for attorneys' fees, (Docs. 239 , 242 ), and ORDERS that all parties engage in consultation regarding attorneys' fees, as required by Local Rule 54.2, within forty-five days of this Order. If the parties believe a mediator would be appropriate, this court will consider the appointment of a mediator. Finally, this court interprets consult to require a good-faith effort and not simply an exchange of emails, demands or refusals. If the consultation does not resolve this matter, the parties shall file one joint status report stating that a consultation was held and despite the good-faith effort of the parties and counsel, no resolution was reached. (Taylor, Abby)
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Filing
215
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 08/19/2014, as set out herein. ORDERED that Plaintiff Design Resources, Inc.'s Motion for Partial Summary Judgment against Defendant Leather Industries of America (Doc. 102 ) is DENIED, that Plaintiff Design Resources, Inc.'s Motion for Partial Summary Judgment against Defendant Ashley Furniture Industries, Inc. (Doc. 104 ) is DENIED, that Defendant Leather Industries of Amer ica's Motion for Summary Judgment as to All Counts (Doc. 123 ) is GRANTED, that Defendant Ashley Furniture's Motion for Summary Judgment (Doc. 119 ) is GRANTED, and that this action is dismissed. FURTHER that Defen dant Ashley Furniture's consent motion for extension of time (Doc. 95 ) to file a response to Plaintiff's motion for relief, the parties' joint motion to modify limitations on length of summary judgment briefs (Doc. 116 ), and the parties' agreed motion to extend deadline (Doc. 161 ) are GRANTED. For the reasons stated in this paragraph, IT IS FURTHER ORDERED that Plaintiff Design Resources, Inc.'s motion for relief from Ashley's spoliation of evidence (Doc. 86 ) is DENIED AS MOOT (evidence would go to Ashley's intent and is not relevant to this order); Defendant Ashley Furniture's motion to strike (Doc. 150 ) is DENIED AS MOOT; Defendant Leather Industries of A merica's motion for leave to file a supplemental memorandum (Doc. 154 ) is DENIED AS MOOT (email from Peplinski was considered in reaching conclusion; summary judgment was granted in favor of LIA); Defendant Ashley Furniture's mo tion to exclude the expert testimony of Mann, Armistead, and Epperson (Doc. 170 ) is DENIED AS MOOT (relevant to damages, not liability); Defendant Ashley Furniture's motion to strike untimely expert reports of Mann, Armistead, and Ep person (Doc. 172 ) is DENIED AS MOOT (damages); Defendant Leather Industries of Americas motion to exclude the testimony of Design Resources, Inc.'s proposed experts (Doc. 175 ) is DENIED AS MOOT (damages); and Ashley's motion to strike surreply and declaration of Jerry Epperson (Doc. 205 ) is DENIED AS MOOT (damages).(Taylor, Abby)
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