Sream, Inc. v. Quickys Discount

Sream, Inc. v. Quickys Discount

Plaintiff:	Sream, Inc.
Defendant:	Quickys Discount
Case Number:	2:2017cv08243
Filed:	August 25, 2017
Court:	US District Court for the Eastern District of Louisiana
Office:	New Orleans Office
County:	Out of State
Presiding Judge:	Jay C. Zainey
Presiding Judge:	Joseph C. Wilkinson
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	None

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Date Filed	Document Text
March 1, 2019	Filing 82 ORDER AND REASONS - IT IS ORDERED that the Motions to Dismiss Sream's claims under 15 U.S.C. § 1114 filed by Defendants Superior Discount, Guide-One National Insurance Company, and India Imports LLC in case no. 17-8177; Defendant Joseph Tru ong, Inc. in case no. 17-8179; Defendants MKM Group, LLC and India Imports, LLC in case no. 17-8184; Defendant Dock Quick Stop, LLC in case no. 17-8191; Defendants M&S Fuel, LLC and India Imports, LLC in case no. 17-8205; Defendant E-Z Pick, Inc. in case no. 17-8216; Defendants Discount-N-Out, LLC and India Imports, LLC in case No. 17-8238; and Defendant Quickys Discount in case no. 17-8243 are GRANTED and Sream's claims under 15 U.S.C. § 1114 are DISMISSED WITH PREJUDICE in those acti ons. Pursuant to the Court's sua sponte determination of its subject matter jurisdiction, Sream's claims under 15 U.S.C. § 1114 are DISMISSED WITH PREJUDICE against all Defendants in the following captioned cases: 17-8177; 17-8179; 17 -8180; 17-8184; 17-8186; 17-8191; 17-8193; 17-8205; 17-8216; 17-8218; 17-8238; 17-8242; 17-8243; 17-8244; 17-8246; and 17-8252. The Motions to Dismiss Sream's claims under 15 U.S.C. § 1125 are DENIED. IT IS FURTHER ORDERED that the reques ts for Rule 11 sanctions made by Defendant Joseph Truong, Inc. in case no. 17-8179; Defendant E-Z Pick, Inc. in case no. 17-8216; and Defendant Quickys Discount in case no. 17-8234 are DENIED. IT IS FURTHER ORDERED that the Motions for Leave to Amen d Complaint to Add Additional Party Plaintiff filed by Sream are GRANTED. Sream is given leave to file an amended complaint in the following captioned cases by no later than Monday, March 11, 2019: 17-8177; 17-8179; 17-8180; 17-8184; 17-8186; 17-819 1; 17-8193; 17-8205; 17-8216; 17-8218; 17-8238; 17-8242; 17-8243; 17-8244; 17-8246; and 17-8252. The amended complaint shall be signed by counsel for both Sream, Inc. and Roor International BV, shall have all referenced exhibits attached, and shall properly name each Defendant. IT IS FURTHER ORDERED that the Motions to Stay filed by Defendant Superior Discount, LLC in case no. 17-8177; Defendant MKM Group, LLC in case no. 17-8184; Defendant Discount-N-Out, LLC in case no. 17-8238; and Defendant Quickys Discount in case no. 17-8243 are DENIED. Signed by Judge Susie Morgan on 3/1/19.(sbs)

Date Filed

Document Text

March 1, 2019

Filing 82 ORDER AND REASONS - IT IS ORDERED that the Motions to Dismiss Sream's claims under 15 U.S.C. § 1114 filed by Defendants Superior Discount, Guide-One National Insurance Company, and India Imports LLC in case no. 17-8177; Defendant Joseph Tru ong, Inc. in case no. 17-8179; Defendants MKM Group, LLC and India Imports, LLC in case no. 17-8184; Defendant Dock Quick Stop, LLC in case no. 17-8191; Defendants M&S Fuel, LLC and India Imports, LLC in case no. 17-8205; Defendant E-Z Pick, Inc. in case no. 17-8216; Defendants Discount-N-Out, LLC and India Imports, LLC in case No. 17-8238; and Defendant Quickys Discount in case no. 17-8243 are GRANTED and Sream's claims under 15 U.S.C. § 1114 are DISMISSED WITH PREJUDICE in those acti ons. Pursuant to the Court's sua sponte determination of its subject matter jurisdiction, Sream's claims under 15 U.S.C. § 1114 are DISMISSED WITH PREJUDICE against all Defendants in the following captioned cases: 17-8177; 17-8179; 17 -8180; 17-8184; 17-8186; 17-8191; 17-8193; 17-8205; 17-8216; 17-8218; 17-8238; 17-8242; 17-8243; 17-8244; 17-8246; and 17-8252. The Motions to Dismiss Sream's claims under 15 U.S.C. § 1125 are DENIED. IT IS FURTHER ORDERED that the reques ts for Rule 11 sanctions made by Defendant Joseph Truong, Inc. in case no. 17-8179; Defendant E-Z Pick, Inc. in case no. 17-8216; and Defendant Quickys Discount in case no. 17-8234 are DENIED. IT IS FURTHER ORDERED that the Motions for Leave to Amen d Complaint to Add Additional Party Plaintiff filed by Sream are GRANTED. Sream is given leave to file an amended complaint in the following captioned cases by no later than Monday, March 11, 2019: 17-8177; 17-8179; 17-8180; 17-8184; 17-8186; 17-819 1; 17-8193; 17-8205; 17-8216; 17-8218; 17-8238; 17-8242; 17-8243; 17-8244; 17-8246; and 17-8252. The amended complaint shall be signed by counsel for both Sream, Inc. and Roor International BV, shall have all referenced exhibits attached, and shall properly name each Defendant. IT IS FURTHER ORDERED that the Motions to Stay filed by Defendant Superior Discount, LLC in case no. 17-8177; Defendant MKM Group, LLC in case no. 17-8184; Defendant Discount-N-Out, LLC in case no. 17-8238; and Defendant Quickys Discount in case no. 17-8243 are DENIED. Signed by Judge Susie Morgan on 3/1/19.(sbs)

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Plaintiff: Sream, Inc.
Represented By:	Jacques F. Bezou, Jr.
Represented By:	Erica A. Hyla
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Defendant: Quickys Discount
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