Lovely Skin, Inc. v. Ishtar Skin Care Products, LLC
Case Number: 8:2010cv00087
Filed: March 3, 2010
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Presiding Judge: Thomas D. Thalken
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1121 Trademark Infringement
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 21, 2012 Opinion or Order Filing 213 MEMORANDUM OPINION - After reviewing the motion, briefs, evidence, and relevant law, the Court finds the motion 182 should be denied. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 5, 2012 Opinion or Order Filing 201 ORDER - The motion 199 is granted; plaintiff shall have until November 12, 2012, to file its response to defendant's motion for attorneys' fees and costs. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 12, 2012 Opinion or Order Filing 180 ORDER - The motion is granted; Nicholas Clatterbuck is deemed withdrawn as counsel for defendant. Said counsel shall be removed from receiving notices of filings in this matter. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 3, 2012 Opinion or Order Filing 176 MEMORANDUM OPINION - Ishtar maintains that this is an "exceptional case"within the meaning of 15 U.S.C. § 1117(a), justifying the award of attorney fees and costs. The parties have not specifically addressed the issue of attorney fee s. The Court declines to decide this issue without appropriate motion and briefing by the parties. Costs will be assessed against the plaintiff. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (AOA)
August 27, 2012 Opinion or Order Filing 169 ORDER - The motion 168 is granted; plaintiff shall have until August 27, 2012, to file its initial closing argument brief. Defendant shall have until September 10, 2012, to file its responsive brief. All other deadlines contained in the Court's July 23, 2012, order are extended two business days. Ordered by Senior Judge Lyle E. Strom. (AOA)
July 23, 2012 Opinion or Order Filing 161 ORDER - Lovely Skin's initial closing argument brief is due on or before August 24, 2012. Ishtar's responsive brief is due on or before September 7, 2012. Lovely Skin will inform the Court by September 10, 2012, as to whether it inten ds to file a reply brief. If Lovely Skin elects to file a reply brief, Lovely Skin shall do so on or before September 14, 2012. To the extent that the reply brief contains argument regarding Ishtar's counterclaims, Ishtar will inform the Court by September 17, 2012, as to whether it intends to file a surreply brief. If Ishtar elects to file a surreply brief, Ishtar shall do so on or before September 19, 2012. Ordered by Senior Judge Lyle E. Strom. (AOA)
February 6, 2012 Opinion or Order Filing 138 MEMORANDUM AND ORDER - Ishtar's motion for summary judgment (Filing No. 89 )is denied. Lovely Skin's motion for summary judgment (Filing No. 103 ) is denied. Ishtar's motion to strike jury demand (Filing No. 98 ) is granted. Ishtar 's motion to exclude the expert report and testimony of James T. Berger (Filing No. 92 ) is denied. Ishtar's motion to exclude the expert report and testimony of Megan Driscoll (Filing No. 95 ) is denied. Lovely Skin's motion t o clarify (Filing No. 131 ) is granted. This Court's previous order granting Ishtar's motion to compel (Filing No. 109 ) is affirmed, with the exception that Lovely Skin must now comply with the order by February 17, 2012. A second ame nded progression order setting the date for trial will be issued by the Court forthwith. Lovely Skin's responses to Ishtar's Requests for Production of Documents 32 and 37 are subject to a Protective Order and shall be disclosed only in designated ways as listed in this Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 13, 2011 Opinion or Order Filing 111 ORDER - The motion 110 is granted; Bobby A. Ghajar of Pillsbury Winthrop Shaw Pittman, LLP, is deemed withdrawn as counsel for defendant. Said counsel shall be removed from receiving notices of filings in this matter. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 6, 2011 Opinion or Order Filing 109 MEMORANDUM AND ORDER - Ishtar's motion to compel (Filing No. 83 ) is granted to the extent stated in this Memorandum and Order; 2) Lovely Skin shall have until December 16, 2011, to substantively respond to Requests for Production of Documents Nos. 32 and 37 ; 3) At Lovely Skin's discretion, any information filed with the Court as responses to Requests for Production of Documents Nos. 32 and 37 shall be filed under seal; and 4) No attorney fees and costs are awarded. Ordered by Senior Judge Lyle E. Strom. (JAB)
August 26, 2011 Opinion or Order Filing 73 ORDER - The motion 66 is granted; plaintiff shall have until September 6, 2011, to furnish written reports of expert witnesses identified to testify at trial. Defendant shall advise the Court on or before September 12, 2011, whether it needs additional time to procure expert witnesses. Ordered by Senior Judge Lyle E. Strom. (KBJ)
February 28, 2011 Opinion or Order Filing 56 ORDER - The Motion to Extend 55 is granted. Plaintiff shall have until March 18, 2011, in which to respond to interrogatories and request for production of documents propounded by defendant. Ordered by Senior Judge Lyle E. Strom. (KBJ)
January 7, 2011 Opinion or Order Filing 50 ORDER - The planning conference before the undersigned is rescheduled for: Monday, January 24, 2011, at 9 a.m. Room 3190, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (KBJ)
December 14, 2010 Opinion or Order Filing 47 ORDER - Scheduling Conference set for 1/19/2011 08:00 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
December 8, 2010 Opinion or Order Filing 43 ORDER approving and adopting the 42 Stipulation. The parties shall have until December 13, 2010, to file their Rule 26(f) report. Ordered by Senior Judge Lyle E. Strom. (MKR)
October 18, 2010 Opinion or Order Filing 39 ORDER granting 38 Motion to Withdraw as Attorney. Amber Allred is deemed withdrawn as counsel of record for defendant. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 30, 2010 Opinion or Order Filing 37 ORDER granting 30 Motion to Restrict. Exhibits 9 and 10 are restricted pursuant to the E-Government Act. Ordered by Senior Judge Lyle E. Strom. (JAE)
June 23, 2010 Opinion or Order Filing 25 ORDER approving 24 Stipulation. IT IS ORDERED that the parties shall file their Rule 26(f) report within three weeks after the Court rules on defendant's motion to dismiss. Ordered by Senior Judge Lyle E. Strom. (TCL )
June 15, 2010 Opinion or Order Filing 23 ORDER granting 21 Defendant's Motion to Restrict pursuant to the E-Government Act. Exhibit A to the declaration of Sharokin Vardeh is restricted. Ordered by Senior Judge Lyle E. Strom. (JAB)
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