WWP v. Wounded Warriors
Plaintiff: WWP
Defendant: Wounded Warriors
Case Number: 8:2007cv00370
Filed: September 17, 2007
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
County: Douglas
Presiding Judge: F. A. Gossett
Presiding Judge: Lyle E. Strom
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 8, 2012 Opinion or Order Filing 525 ORDER granting 517 Motion to Release Deposited Funds - The funds deposited with the Clerk of the United States District Court by Great Western Bank in the amount of $7,641.10 shall be released to WWP, Inc. The funds shall be released to WWP, Inc.'s attorney of record. Ordered by Senior Judge Lyle E. Strom. (E-mailed to Financial) (TEL)
December 29, 2011 Opinion or Order Filing 511 MEMORANDUM AND ORDER - Defendant's motion for entry of partial satisfaction of judgment (Filing No. 489 ) is granted. Defendant has partially satisfied the judgment entered against it in this case in the total amount of $898,241.73. Plaintiffs motion to amend caption (Filing No. 497 ) is granted. The caption in this case is amended to reflect plaintiffs name change to Wounded Warrior Project, Inc. Ordered by Senior Judge Lyle E. Strom. (GJG)
December 13, 2011 Opinion or Order Filing 506 ORDER granting 504 Plaintiff's motion for leave to file request for oral argument out of time. Oral argument on all pending motions is scheduled for Tuesday, December 20, 2011, at 10 a.m. Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 21, 2011 Opinion or Order Filing 498 ORDER - IT IS ORDERED: That the non-exempt funds held by the garnishee Great Western Bank in the amount of $7,641.10 be transferred to the Court for payment to WWP, Inc., which is entitled to the same. Upon compliance with the order, garnishee Great Western Bank is released and discharged. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed) (TEL)
September 2, 2011 Opinion or Order Filing 494 ORDER granting 493 Motion to Extend - Plaintiff shall have until September 12, 2011, to file its response to defendant's motion for partial satisfaction of judgment. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 20, 2011 Opinion or Order Filing 487 ORDER granting 486 Motion for Release of Funds. IT IS ORDERED: That the non-exempt funds held by the garnishee Great Western Bank in the amount of $57,867.61 be transferred to the Court for payment to WWP, Inc., which is entitled to the same. Upon compliance with the order, garnishee Great Western Bank is released and discharged. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to garnishee Great Western Bank as directed) (Copy to financial) (TEL)
January 6, 2011 Opinion or Order Filing 475 ORDER granting 474 Motion for Release of Funds. The funds deposited with the Clerk of the United States District Court by Great Western Bank in the amount of $25,986.94 shall be released to WWP, Inc. The funds shall be released to WWP, Inc.s attorney of record: Wounded Warrior Project, Inc., c/o Steven Nardizzi, 7020 A.C. Skinner Parkway, Suite 100, Jacksonville, FL 32256. Ordered by Senior Judge Lyle E. Strom. (copy to financial specialist)(ADB, )
December 8, 2010 Opinion or Order Filing 473 ORDER granting 472 Motion for Release of Funds. The non-exempt funds held by the garnishee Great Western Bank in the amount of $25,986.97 be transferred to the Court for payment to WWP, Inc., which is entitled to the same. Upon compliance with the order, garnishee Great WesternBank is released and discharged. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed)(ADB, )
July 9, 2010 Opinion or Order Filing 450 ORDER granting 446 Motion for Release of Funds. The funds deposited with the Clerk of the United States District Court by PayPal, Inc., and D.A. Davidson & Co., Inc., shall be released to WWP, Inc. The funds shall be released to WWP, Inc.'s attorney of record at the address listed on the order. Ordered by Senior Judge Lyle E. Strom. (GJG)(Copy to Financial)
June 18, 2010 Opinion or Order Filing 426 ORDER granting 425 Motion for Release of Bond Obligation; WWPs preliminary injunction bond, Bond Number 105014911 is fully and unconditionally discharged and released. Travelers Casualty and Surety Company of America, its parents, affiliates and subsidiaries are hereby released from any and all past, present and future liability under said bond. Ordered by Senior Judge Lyle E. Strom. (copy to Financial Specialist) (ADB, )
May 27, 2010 Opinion or Order Filing 417 ORDER that Magistrate Judge Gossett is recused from holding the debtors exam. Pursuant to 28 U.S.C. § 636, IT IS ORDERED that the MOTION for Judgment Debtor's Exam in Aid of Execution 403 is referred to Magistrate Judge Thomas D. Thalken. Ordered by Senior Judge Lyle E. Strom. (ADB, )
May 26, 2010 Opinion or Order Filing 416 ORDER that the MOTION for Judgment Debtor's Exam in Aid of Execution 403 is referred to Magistrate Judge F.A. Gossett. Ordered by Senior Judge Lyle E. Strom. (ADB, )
May 5, 2010 Opinion or Order Filing 409 ORDER that the motion to withdraw application to determine garnishee liability 399 is withdrawn. The hearing scheduled for May 13, 2010, is cancelled. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 29, 2010 Opinion or Order Filing 355 ORDER TO WITHDRAW DEFENDANT'S EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Ordered by Senior Judge Lyle E. Strom. (CJP)
January 28, 2010 Opinion or Order Filing 351 ORDER AND AMENDED JUDGMENT - Pursuant to the memorandum opinion 350 entered herein this date, Defendant's renewed motion for judgment as a matter of law or alternative motion for a new trial or to alter or amend the judgment 334 is denied; a nd 2) Plaintiff's motion to alter or amend judgment 336 is granted to the extent consistent with the memorandum opinion entered this date. Judgment entered in this matter shall be amended to reflect the findings of fact and conclusions of law contained in the memorandum opinion. Defendant is permanently enjoined from using the http://www.woundedwarriors.org/ website. This injunction includes permanently prohibiting defendant from placing any content on the http://www.woundedwarriors.org/ website and from redirecting, linking, or otherwise transferring visitors to the http://www.woundedwarriors.org/ website to any other website. Ordered by Senior Judge Lyle E. Strom. (KBJ)
January 5, 2010 Opinion or Order Filing 348 ORDER - The plaintiff's motion to amend caption 346 is granted. The docket and caption and all other necessary references in this action shall be and the same are amended to recognize and reflect that defendant's name was changed on April 27, 2009, from Wounded Warriors, Inc., to Wounded Warriors Family Support, Inc. Ordered by Senior Judge Lyle E. Strom. (KBJ)
September 21, 2009 Opinion or Order Filing 312 ORDER denying 299 motion in limine as to the admissibility of evidence relating to the granting of the preliminary injunction, subject to the Court providing the jury with an appropriate limiting instruction. Ordered by Senior Judge Lyle E. Strom. (JDR)
September 17, 2009 Opinion or Order Filing 302 ORDER - Defendant's motion in limine 236 is denied. Plaintiff's motion to strike expert report 251 is reserved pending the Court's review of the deposition of Mr. Hein taken by the plaintiff. A complete copy of that deposition should be furnished to the Court on or before Friday, September 18, 2009. Ordered by Senior Judge Lyle E. Strom. (KBJ)
September 11, 2009 Opinion or Order Filing 278 ORDER - That plaintiff's motion to withdraw its motion to compel 277 is granted. The Motion to Compel 270 is deemed withdrawn. Ordered by Senior Judge Lyle E. Strom. (KBJ)
August 31, 2009 Opinion or Order Filing 268 ORDER- that the defendant's request to withdraw the 256 Motion to Compel is granted. The motion to compel 256 and related documents 157 and 158 are deemed withdrawn. Ordered by Senior Judge Lyle E. Strom. (MKR)
August 20, 2009 Opinion or Order Filing 248 ORDER approving and adopting 247 stipulation; denying 232 motion to strike. Ordered by Senior Judge Lyle E. Strom. (JDR)
July 24, 2009 Opinion or Order Filing 228 MEMORANDUM AND ORDER - Defendant's motion for leave to file supplemental index of evidence 202 is granted. Plaintiff's motion for partial summary judgment 150 is granted in part and denied in part; defendant's counterclaims for trademark infringement and unfair competition are dismissed; the motion is denied in all other respects. Defendant's motion for partial summary judgment 187 is denied. Ordered by Senior Judge Lyle E. Strom. (KBJ)
July 20, 2009 Opinion or Order Filing 226 ORDER - Defendant's motion to extend deadline to disclose expert witness 224 is granted in part; defendant shall have until July 28, 2009, to file its expert witness disclosure and report. Ordered by Senior Judge Lyle E. Strom. (KBJ)
June 10, 2009 Opinion or Order Filing 215 MEMORANDUM AND ORDER - WWP's motion to strike 164 is denied; Wounded Warriors's motion to compel 157 is denied; Wounded Warriors's motion to extend response deadline 160 is granted; Wounded Warriors's brief in opposition to motion for partial summary judgment (Filing No. 185) is hereby deemed timely filed. Wounded Warriors's motion to extend expert witness disclosure 162 is denied as moot. Wounded Warriors's objection to issuance of subpoena duces tecum 198 is overruled; WWP's motion to dismiss its first and second claims for relief 204 is granted, without prejudice. Ordered by Senior Judge Lyle E. Strom. (KBJ)
May 28, 2009 Opinion or Order Filing 210 AMENDED FINAL PROGRESSION ORDER granting 173 Motion to Amend; Depositions due 08/31/09; Pretrial Conference set for 09/03/09 at 9:30 AM before Magistrate Judge F. A. Gossett; Jury Trial set for 9/21/09 at 09:00 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
April 28, 2009 Opinion or Order Filing 190 ORDER - A scheduling conference is set for: Friday, May 15, 2009, at 10 a.m. in the chambers of the undersigned, Suite 3190, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska regarding MOTION to Extend Expert Witness Disclosure 162 , and the MOTION to Amend Progression Order 173 . Ordered by Senior Judge Lyle E. Strom. (KBJ)
March 23, 2009 Opinion or Order Filing 156 ORDER - The motion to Extend time to submit plaintiff's expert report 153 is granted; plaintiff shall have until April 9, 2009, to file its expert disclosure and report. Ordered by Senior Judge Lyle E. Strom. (KBJ)
February 12, 2009 Opinion or Order Filing 148 ORDER - Defendant Wounded Warriors's motion to dismiss and motion to strike 109 is granted in part. The references to damages and/or civil penalties in WWP's third cause of action are stricken. The references to attorney's fees in WWP's fifth, sixth, and seventh causes of action are stricken. The motion is denied in all other respects. Ordered by Senior Judge Lyle E. Strom. (JAE, )
February 10, 2009 Opinion or Order Filing 147 ORDER - The Joint Stipulation 146 is adopted and approved. The deadline for plaintiff's expert report is March 9, 2009. The deadline for defendant's expert report is April 2, 2009. The deadline for nonexpert witness disclosures is Marc h 25, 2009. The deadline for filing Daubert motions is April 13, 2009. The deadline for discovery cutoff is April 24, 2009. The deadline for the filing of motions for summary judgment is April 27, 2009. All other deadlines in the Court's final progression order remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (KBJ)
February 5, 2009 Opinion or Order Filing 145 ORDER - Wounded Warrior's motion 133 for withdrawal of motion to quash Deposition notices and request for expedited relief (Filing No. 129) and objection to Rule 30(b)(6) deposition notice (Filing No. 123) is granted. Filing Nos. 103 , 105 , 123 , and 129 are denied as moot. Ordered by Senior Judge Lyle E. Strom. (KBJ)
January 9, 2009 Opinion or Order Filing 139 ORDER - The Joint Stipulation to Extend expert witness disclosure and expert witness testimony deadlines 138 is approved and adopted. The deadline for plaintiff's expert report is February 9, 2009. The deadline for defendant's expert report is March 2, 2009. The deadline for filing Daubert motions is March 13, 2009. All other deadlines in the Court's final progressionorder remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (KBJ)
October 16, 2008 Opinion or Order Filing 120 ORDER - The Motion to Extend 119 is granted. Plaintiff shall have until November 14, 2008, to file its reply brief in support of WWP's motion to compel a discovery response 105 . Ordered by Senior Judge Lyle E. Strom. (KBJ)
October 7, 2008 Opinion or Order Filing 115 ORDER - Plaintiff's Motion to Extend 114 is granted. Plaintiff shall have until October 16, 2008, to file its reply brief in support of WWP's motion to compel a discovery response 105 . Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Plaintiff: WWP
Represented By: Thomas J. Kenny
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Defendant: Wounded Warriors
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