SI03, Inc. v. Musclegen Research, Inc.
| SI03, Inc. |
| Musclegen Research, Inc. and Does 1-10 |
| 1:2016cv00274 |
| November 22, 2016 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Cape Girardeau |
| Abbie Crites-Leoni |
| Trademark |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
134
MEMORANDUM AND ORDER re: 108 Second MOTION to Compel Depositions filed by Plaintiff SI03, Inc., 106 MOTION for Leave to Amend Answer MOTION for Protective Order filed by Defendant Musclegen Research, Inc., 111 First SEALED MOTION to Enjoin Defendant's Continued Sales filed by Plaintiff SI03, Inc., 132 Third MOTION to Compel Discovery Responses filed by Plaintiff SI03, Inc., 114 SEAL ED MOTION to Freeze Defendant's Assets and For Expedited Discovery filed by Plaintiff SI03, Inc., 121 MOTION for Leave to File Second Amended Complaint filed by Plaintiff SI03, Inc. IT IS HEREBY ORDERED that Def endant Musclegen Research, Inc.'s Motion for Leave to File Amended Answer and for a Protective Order (ECF No. 106) is GRANTED in part and DENIED in part; the Motion is GRANTED as to the Motion for Leave to File Amended Answer and DENIED as to th e Motion for Protective Order. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket Defendant's Second Amended Answer and Affirmative Defenses, which was submitted as an attachment 106-3 to the Motion for Leave, and termina te the counterclaim parties on the docket sheet. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File a Second Amended Complaint (ECF No. 121) is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff's Motion to Compel the Depositions of Defendant and its Employees (ECF No. 108) is GRANTED, and Defendant shall cooperate with Plaintiff and make its witnesses available for deposition on separate days between March 10, 2021, and March 22, 2021. IT IS FURTHER ORDERED that on the Court's own motion, the Case Management Order (ECF No. 75) is AMENDED as follows: The parties shall complete all discovery by April 2, 2021, and file all dispositive motions by May 3, 2021, with oppositions due 30 days after the mot ion is filed, and replies due 14 days after the opposition is filed. The CMO otherwise remains in full force and effect, including the August 16, 2021 trial date. IT IS FURTHER ORDERED that Plaintiff's Motion for a Temporary Restraining Order Di recting Defendant to Immediately Cease Sales and Marketing of Genepro (ECF No. 111), and Plaintiff's Motion for a Temporary Restraining Order Freezing Defendant's Assets (ECF No. 114), are DENIED.IT IS FURTHER ORDERED that Plaintiff's Motions for Expedited Discovery (ECF Nos. 111, 114) are GRANTED to the extent that Defendant shall respond to all outstanding discovery requests by March 8, 2021. IT IS FINALLY ORDERED that Plaintiff's Third Motion to Compel Discovery Responses (ECF No. 132) is DENIED as moot, without prejudice. (Discovery Completion due by 4/2/2021, Dispositive Motions due by 5/3/2021.) Signed by District Judge Ronnie L. White on 2/26/21. (CSG)
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Filing
104
MEMORANDUM AND ORDER re: 99 First MOTION to Compel Discovery filed by Plaintiff SI03, Inc. IT IS HEREBY ORDERED that Plaintiff's Motion to Compel Discovery Responses (ECF No. 99) is GRANTED as set forth above. IT IS FURTHER ORDERED that Defendant's objections are OVERRULED. IT IS FURTHER ORDERED that Defendant shall serve appropriately amended responses to Plaintiff's discovery requests, produce all responsive documents and information, and serve a privilege log, within fourteen (14) days of the date of this Order. Signed by District Judge Ronnie L. White on 11/6/20. (CSG)
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Filing
67
MEMORANDUM AND ORDER re: 63 MOTION to Dismiss Case filed by Defendant Musclegen Research, Inc. IT IS HEREBY ORDERED that Defendant Musclegen, Inc.'s Motion to Dismiss is GRANTED in part and DENIED in part; the Motion is GRANTED a s to Plaintiffs common law unjust enrichment claim in Count III, which will be dismissed without prejudice, and DENIED as to Counts I and II. [ECF No. 63] IT IS FURTHER ORDERED that Defendant shall file its Answer to the Complaint within the time permitted by Rule 12(a)(4). An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on 5/13/20. (CSG) (Main Document 67 replaced on 5/13/2020) (CSG).
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Filing
59
MEMORANDUM AND ORDER re: 53 MOTION for Relief from Default Judgment (Doc. 29) and Permanent Injunction (Doc. 28) filed by Defendant Musclegen Research, Inc. IT IS HEREBY ORDERED that Defendant Musclegen Research, Inc.'s Motion fo r Relief (ECF No. 53) is GRANTED. IT IS FURTHER ORDERED that the Default Judgement (ECF No. 29) is VACATED. Defendant Musclegen Research, Inc. is granted fourteen days from the date of this Memorandum and Order to file an answer or otherwise respond to Plaintiff SI03, Inc.'s Complaint. Signed by District Judge Ronnie L. White on 12/9/19. (CSG)
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Filing
28
MEMORANDUM AND ORDER re: 25 MOTION for Default Judgment filed by Plaintiff SI03, Inc., 19 MOTION for Default Judgment filed by Plaintiff SI03, Inc. IT IS HEREBY ORDERED that Plaintiff SI03, Inc.'s Motion and Re newed Motion for Default Judgment and Entry of Permanent Injunction (ECF No. 19, 25) is GRANTED. IT IS FURTHER ORDERED that a Permanent Injunction is entered in this case. IT IS FURTHER ORDERED that no later than 21 days from the date of this Order, Defendant MuscleGen Research, Inc. shall recall and remove all products and printed materials that include a claim as set forth above. IT IS FURTHER ORDERED that no later than 10 days from the date of this Order, Plaintiff shall submit a form AO 133 Bill of Costs for the Court's consideration. IT IS FINALLY ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order on Defendant via regular mail and certified mail to the following address: MuscleGen Research, Inc., 2425 Kildaire Farm Road, Suite 407, Cary, NC 28518. A separate judgment of default shall accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on 12/12/17. (CSG)
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