DUNCANSON v. WINE AND CANVAS IP HOLDINGS LLC et al
| MEGAN AROON DUNCANSON |
| TAMRA MCCRACKEN, ANTHONY SCOTT, WINE AND CANVAS DEVELOPMENT, LLC, WINE AND CANVAS IP HOLDINGS LLC, WNC OF CINCINNATI LLC, WNC OF COLUMBUS LLC, WNC OF DAYTON LLC, WNC OF DES MOINES LLC, WNC OF DETROIT LLC, WNC OF FORT WAYNE LLC, WNC OF LAS VEGAS LLC, WNC OF NAPA SONOMA LLC, WNC OF ODESSA LLC, WNC OF PORTLAND LLC, WNC OF SAN FRANCISCO LLC and WNC OF SOUTH BEND LLC |
| 1:2016cv00788 |
| April 11, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Denise K. LaRue |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
313
ORDER - Having exhausted their several opportunities afforded by the Court to establish the appropriateness of the consent decrees in this litigation, the parties' Amended Joint Motion for Entry of Consent Decrees, [Dkt. 309 ], is denied. Th e parties may convert their proposed consent decrees into joint stipulations of dismissal; the failure to do so will prompt a show cause order to explain why sua sponte dismissal by the Court should not be entered. Plaintiff's Motion to Enforce Settlement, [Dkt. 293 ], and Motion for Extension of Time, [Dkt. 304 ], are denied as moot. (See Order.) Copy to Tony Pagan, Jr. via US Mail Signed by Judge Sarah Evans Barker on 3/26/2021. (NAD)
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Filing
308
ORDER - The parties' Joint Motion for Consent Decrees, Dkt. 306 , is denied (again) without prejudice. The parties are ordered to revise and resubmit corrected filings along with a renewed motion within twenty-one days from the date of this Order in accordance with these findings and directives. Alternatively, the parties may convert their previous "Consent Decrees" into joint stipulations of dismissal and file those as a means of concluding once and for all this protracted litigation. (See Order.) Signed by Judge Sarah Evans Barker on 7/17/2020. (NAD)
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Filing
270
ORDER TO SHOW CAUSE - Plaintiff is ordered to show cause no later than January 31, 2020, why her claims against the Default Defendants should not be dismissed for lack of prosecution and/or to take some definitive step to advance the litigation of her claims towards final resolution. Plaintiffs Motion in Limine Dkt. 265 is denied. Signed by Judge Sarah Evans Barker on 1/16/2020. Copy Mailed.*** SEE ORDER ***(CKM)
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Filing
268
ENTRY ON PLAINTIFF'S 255 MOTION FOR SUMMARY JUDGMENT AS TO DEFAULTED DEFENDANTS. Ms. Duncanson has not yet sought a default judgment, pursuant to Rule 55(b), having moved for summary judgment instead as to damages. After exhaustive resear ch, we have located only one prior case in our Circuit where a party invoked Rule 56 to determine damages, in lieu of proceeding under Rule 55 (b), after an entry of default establishing liability. In light of the two-step process contemplated in Rule 55 and given the posture of that case, the Teamsters court concluded that the better vehicle for seeking damages following an entry of default is through an application for default judgment, pursuant to Rule 55(b), not by a motion for summar y judgment on damages under Rule 56. We adopt the Teamsters court's analysis holding that Rule 55(b) provides the proper vehicle for Ms. Duncanson to establish the damages, if any, to which she is entitled against the Default Defendants. For the reasons detailed above, Plaintiff's Motion for Summary Judgment is DENIED. (See Order for details.) Signed by Judge Sarah Evans Barker on 9/30/2019. (NAD)
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Filing
243
ORDER granting 202 Plaintiff's Motion for Leave to File Excess Pages and denying 206 Plaintiff's Motion for Summary Judgment. ***SEE ORDER FOR DETAILS*** Signed by Judge Sarah Evans Barker on 9/30/2018. (LDH)
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