Long John Silver's, Inc. et al v. Nickleson et al
| Long John Silver's, Inc. and A&W Restaurants, Inc. |
| Patrick Nickleson, Patrick Nickleson Enterprises, LLC, Patricia Nickleson Enterprises, LLC and PBJ Enterprises, LLC |
| 3:2011cv00093 |
| February 18, 2011 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| John G. Heyburn |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
94
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 4/26/13 denying 80 Motion for Reconsideration. Plaintiffs motion for summary judgment is now fully briefed, and the Court will consider it in due course. cc:counsel (DAK)
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Filing
87
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 3/6/13 sustaining 69 Motion for Protective Order. Parties to comply as set forth. cc:counsel (DAK)
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Filing
82
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 2/11/13 sustaining in part and denying in part 36 Motion for Summary Judgment. Defendants Nickleson (in his individual capacity), Patrick Nickleson, LLC, and PBJ Enterprises, LLC lack st anding to pursue the counterclaims and as such, their counterclaims ARE DISMISSED. Only Defendant Patricia Nickleson, LLC, may maintain the surviving Counterclaims. With respect to Count I, the MFA claim for failure to timely register the FDD is DISM ISSED. With respect to Count II, the rescission claim as to all other franchise and collateral agreements between Plaintiffs and Defendants, aside from the Inver Grove Franchise Agreement, is DISMISSED; the remaining claim in Count II is Patricia Nickleson, LLCs rescission claim of the Inver Grove Franchise Agreement. With respect to Count III, the fraud by omission claim is DISMISSED; only Patricia Nickleson, LLCs common law intentional misrepresentation claim remains. cc:counsel (DAK)
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Filing
71
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 1/4/2013; 48 motion to transfer venue, or in the alternative, to abstain, is DENIED. The Court will consider other pending motions in due course. cc:counsel (TLB)
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Filing
24
MEMORANDUM OPINION AND ORDER Signed by Judge John G. Heyburn, II on 10/21/2011; For the reasons set forth in Opinion, 19 Motion to Dismiss or in the alternative transfer venue is DENIED. cc:counsel (JSS)
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