Lawn Managers, Inc. v. Progressive Lawn Managers, Inc.
Plaintiff: Lawn Managers, Inc.
Defendant: Progressive Lawn Managers, Inc.
Case Number: 4:2016cv00144
Filed: February 4, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Jefferson
Presiding Judge: David D. Noce
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 30, 2021 Opinion or Order Filing 273 MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that the motion of plaintiff for leave to use the deposition of the Lindell Bank custodian (Doc. 249 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiff to use the transcript of the state court proceedings (Doc. 251 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiff to file under seal a document offered at the April 28, 2021, hearing (Doc. 270 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiff for a preliminary injunction (Doc. 215 ) is denied. See Transcript of Motion Hearing on April 28, 2021, at 178 (Doc. 266 ). Signed by Magistrate Judge David D. Noce on 9/30/2021. (JMP)
May 12, 2021 Opinion or Order Filing 267 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of plaintiff for attorney fees and costs (Doc. 188 ) is sustained, in that for the period July 1, 2018 through September 23, 2020, defendant must pay plaintiff reasonable attorney fees in the amount of $42,031.80 ($38,406.80 for attorney Ryan and $3,625.00 for attorney Heller) and $107.86 for costs, for a total of $42,139.66. Signed by Magistrate Judge David D. Noce on 5/12/2021. (AFO)
August 31, 2018 Opinion or Order Filing 159 MEMORANDUM AND ORDER AWARDING ATTORNEY'S FEES: IT IS HEREBY ORDERED that the motion of plaintiff for attorney fees and costs (Doc. 131 ) are GRANTED IN PART and DENIED IN PART. The Court finding that the following amounts are reasonable compen sation, rounded to the nearest dollar, for plaintiff's legal representation, IT IS FURTHER ORDERED that defendant pay plaintiff the following amounts as reasonable attorney fees: (SEE ORDER FOR COMPLETE DETAILS) Signed by Magistrate Judge David D. Noce on 8/31/2018. (CLO)
July 13, 2018 Opinion or Order Filing 143 MEMORANDUM AND ORDER REGARDING POST-JUDGMENT MOTIONS: IT IS HEREBY ORDERED that the motion of defendant to alter, amend, or seek relief from judgment (Doc. 125 ) is sustained in part, in that: a. Paragraph 1(B) is struck and replaced with the fol lowing: 1. B. If defendant continues to use the name "Progressive Lawn Managers," these three words must be contiguous, each word being of the same font and the word "Progressive" being of a font size at least twice as large as that of the words "Lawn Managers;" and b. Paragraph 8 of the Judgment Order is struck without replacement. In all other respects, the motion is DENIED. IT IS FURTHER ORDERED that defendants supplemental motion to alter, amend, or seek rel ief from judgment (Doc. 137) is sustained, in that Paragraph 4 of the Judgment Order is struck and replaced with the following: Defendant must notify any government agency, domain name registrar, bank, business directory, telephone directory, listi ng company, advertising listing, and any such other entity that defendant has used or provided contact information to since January 1, 2015, that it is no longer using the name Lawn Managers. Defendant must direct all such entities to change their records to reflect defendants correct name. IT IS FURTHER ORDERED that for the clarity of the record a Supplemental Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 7/13/18. (JAB)
June 11, 2018 Opinion or Order Filing 122 MEMORANDUM OPINION - An appropriate Judgment Order is filed herewith.. Signed by Magistrate Judge David D. Noce on 6/11/18. (KKS)
September 28, 2017 Opinion or Order Filing 78 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants motion to exclude the testimony of plaintiffs expert Fernando Torres (ECF No. 66 ) is GRANTED in part. Mr. Torres may not offer irrelevant factual evidence or legal testimony, but may offer the remainder of the opinions contained in his expert report. Signed by Magistrate Judge David D. Noce on 9/28/17. (JAB)
July 27, 2017 Opinion or Order Filing 64 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for summary judgment (Doc. 53 ) on the affirmative defenses of consent, waiver, release, and collateral estoppel is sustained. IT IS FURTHER ORDERED that plaintiff's mot ion for summary judgment (Doc. 53 ) on the affirmative defense of unclean hands is denied. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Doc. 53 ) on the counterclaim is denied. Signed by Magistrate Judge David D. Noce on 7/27/2017. (CLO)
January 9, 2017 Opinion or Order Filing 42 MEMORANDUM AND ORDER STAYING ACTION PENDING STATE COURT RESOLUTION: IT IS HEREBY ORDERED that this federal court action is stayed until such time as it is shown that the state courts have finally adjudicated the property interests of the state cour t parties in the subject trademark. IT IS FURTHER ORDERED that the parties must file documentary reports on the status of the subject state court proceedings' final resolution of the property interests of the state court parties in the subject trademark. These reports must be filed in this federal action every two calendar months, on or about the first day of the month, with the first report being filed on or about April 1, 2017. IT IS FURTHER ORDERED that all pending motions (ECF Nos. 33 , 37 ) are denied without prejudice. Signed by Magistrate Judge David D. Noce on 1/9/17. (JAB)
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Plaintiff: Lawn Managers, Inc.
Represented By: Norah J. Ryan
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Defendant: Progressive Lawn Managers, Inc.
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