Crabar/GBF, Inc. v. Wright et al
| Crabar/GBF, Inc. |
| Mark Wright and Wright Printing Co. |
| 8:2016cv00537 |
| December 9, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| F.A. Gossett |
| Trademark |
| 15 U.S.C. ยง 44 Trademark Infringement |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
711
ORDER The Receiver's Fee Application (filing 709 ) is granted. Mark Wright shall pay the Receiver's reasonable fees and expenses in the amount of $32,700 on or before May 10, 2024. The Receiver's payment shall be tendered to t he Clerk of the Court, who shall then forward it to the Receiver. The Receiver shall complete IRS Form W-9 and submit the completed form to the Clerk of the Court via email at NEDml_FinancialAdmin@ned.uscourts.gov so that funds may be distributed. Ordered by Senior Judge John M. Gerrard. (E-mailed to finance)(LRM)
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Filing
708
ORDER - The receivership, filing 693 , is terminated. The charging order, filing 665 , is terminated. Pursuant to Fed. R. Civ. P. 62(b), execution on the September 19, 2023, judgment, and the November 8, 2023, cost award is stayed as to defendant M ark Wright until 30 days after the final disposition of the pending appeal before the United States Court of Appeals for the Eighth Circuit. The funds deposited by Mark Wright pursuant to filing 665 shall remain in an interest-bearing account in the registry of the Court until further order of the Court. The Receiver shall file an application for fees, following NECivR 54.4, on or before April 1, 2024. Ordered by Senior Judge John M. Gerrard. (LKO)
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Filing
704
MEMORANDUM AND ORDER - The Receiver retains all of the powers allowed by filing 693 . The Receiver shall have the additional power to examine the assets of Mark Wright and Wright Printing Company, including the origination and servicing of any and all loans by, between, or among them. On or before March 5, 2024, Mark Wright, or an entity possessing assets payable to Mark Wright, may pay into the registry of the Court funds in an amount up to and including $4,000,000 as security for the Se ptember 19, 2023, judgment and November 8, 2023, cost award against Mark Wright. The Clerk of the Court shall accept such funds and deposit them into an interest-bearing account until further order of the Court. The Receiver shall file a third report and recommendation on or before April 1, 2024.Ordered by Senior Judge John M. Gerrard. (LKO)
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Filing
693
MEMORANDUM AND ORDER The plaintiff's motion to appoint Trenten P. Bausch as receiver for Mark Wright (filing 670 ) is granted. Trenten P. Bausch is appointed to serve as receiver over Mark Wright's transferable interests in 121 Court, L LC, and 11616 "I" Street, LLC. The Clerk of the Court is directed to add Trenten P. Bausch to this case as an interested party and provide him with notice of this order via CM/ECF. Mark Wright shall fully cooperate with the receivership in all matters. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
677
ORDER regarding 675 Suggestion of Bankruptcy. This case is stayed as to defendant Mardra Sikora. Filing 666 is denied as to defendant Sikora without prejudice to reassertion after the bankruptcy stay is no longer in effect. Filing 667 is denied wi thout prejudice to reassertion after the bankruptcy stay is no longer in effect. Beginning March 7, 2024, and every 90 days thereafter until the bankruptcy proceedings are complete, defendant Sikora shall file a report on this Court's docket which explains the current status of the bankruptcy proceedings. Ordered by Senior Judge John M. Gerrard. (DCD)
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Filing
665
MEMORANDUM AND ORDER The defendants' motion to stay execution of judgment (filing 634 ) is denied. Crabar's application for a charging order (filing 611 ) is granted. The defendants' objection (filing 638 ) is overruled. Crabar' ;s motion for leave to restrict (filing 663 ) is granted. Crabar's motion for leave to file a sur-reply brief (filing 664 ) is denied as moot. The transferable interests of Mark Wright in 121 Court, LLC and 11616 "I" Street, LLC, ar e charged with payment of the unsatisfied amount of the judgment. This Order shall constitute a lien on all of Mark Wright's interests in 121 Court, LLC, and 11616 "I" Street, LLC. Upon receipt of this Order, 121 Court, LLC, and 11616 "I" Street, LLC, are hereby required to pay into the registry of the Court any distribution that would otherwise be paid to Mark Wright, sufficient to satisfy the judgment. The Clerk of the Court shall accept such funds and deposit them i nto an interest-bearing account until further order of the Court. Crabar shall serve 121 Court, LLC, and 11616 "I" Street, LLC, with a copy of this Order and shall file proof of such service with the Court. The parties shall meet and confe r on stipulating to who will act as a receiver on or before December 6, 2023. Crabar shall file a motion or stipulation for appointment of a receiver on or before December 8, 2023. The Clerk of the Court shall set a case management deadline for December 8, 2023, with the following docket text: Check for motion or stipulation for appointment of receiver. Ordered by Senior Judge John M. Gerrard. (E-mailed to Finance) (LRM)
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Filing
588
MEMORANDUM AND ORDER denying 536 Motion for Judgment as a Matter of Law; granting in part and denying in part 538 Motion to Alter or Amend the Judgment; granting in part and denying in part 513 Motion for Attorney Fees. A separate, amended judgment will be entered. Ordered by Senior Judge John M. Gerrard. (Westhoff, Kaitlyn)
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Filing
572
MEMORANDUM AND ORDER The plaintiff's objection (filing 571 ) is overruled. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
555
MEMORANDUM AND ORDER The defendants' motion to stay enforcement of judgment (filing 522 ) is granted in part and denied in part. As to Mark Wright, Jamie Fredrickson, and Alexandra Kohlhaas, execution on the April 20, 2023, judgment is not sta yed beyond June 2, 2023, unless the defendants post a bond or other security pursuant to Fed. R. Civ. P. 62(b). As to Mardra Sikora and Wright Printing, execution on the April 20, 2023, judgment is stayed until 30 days after the Court rules on the pe nding Rule 50 and Rule 59 post-trial motions. No asset of Wright Printing or Mardra Sikora may be transferred, (i) outside the ordinary course of business, (ii) for less than a reasonably equivalent value, or (iii) to an insider, without permission f rom the Court. Wright Printing and Mardra Sikora shall maintain or preserve, without any spoliation, all banking, tax, and financial records in their possession or control. Wright Printing and Mardra Sikora shall not incur any additional debt without permission from the Court. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
527
MEMORANDUM AND ORDER The defendants' motion to stay enforcement of judgment (filing 525 ) is granted in part. Execution on the April 20, 2023, judgment is stayed until June 2, 2023. The plaintiff shall respond to the defendants' motion on or before May 30, 2023. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
481
ORDER that the defendants' objection (filing 473 ) is granted in part and denied in part. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
463
MEMORANDUM AND ORDER The defendants' motion in limine (filing 431 ) is granted in part and denied in part as set forth above. Ordered by Senior Judge John M. Gerrard. (LRM)
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Filing
445
MEMORANDUM AND ORDER granting 372 plaintiff's Motion to Reinstate; denying 378 plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part 382 defendants' Motion for Summary Judgment; denying 389 defendants' Motion to Exclude; granting 418 plaintiff's Motion in Limine; taking under advisement 431 defendants' Motion in Limine. Ordered by Judge John M. Gerrard. (DCD)
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Filing
352
ORDER - Plaintiff's Motion for Protective Order (Filing No. 344 ) is granted. The Court overrules Defendants' objections to Plaintiff's Highly Confidential-Attorneys' Eyes Only Information designation of Schedules 6.1, 6.2, 7.1, 10.0, and 10.1 attached to Mr. Beros Expert Report. Ordered by Magistrate Judge Michael D. Nelson. (KMM)
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Filing
320
FIFTH AMENDED CASE PROGRESSION ORDER - A status conference to discuss case progression and the parties' interest in settlement remains scheduled with the undersigned magistrate judge on October 22, 2021, at 9:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings remains scheduled with the undersigned magistrate judge on April 8, 2022, at 9:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
287
CASE PROGRESSION ORDER (AMENDED) - The pretrial conference is cancelled and will be rescheduled at a later date. A status conference to discuss case progression and the parties' interest in settlement remains scheduled with the undersigned magis trate judge on September 18, 2020, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. A status conference to discuss dispositive motions, the pretrial conference and trial dates, and settlement status will be held with the undersigned magistrate judge on January 4, 2021, at 11:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
255
FINAL PROGRESSION ORDER (AMENDED) - that the Stipulation to Enter Amended Progression Schedule (Filing No. 254 ) is granted, and the final progression order is as follows: The trial scheduled for October 21, 2019, is cancelled and will be res cheduled at a later date. The Pretrial Conference is scheduled before the undersigned magistrate judge on March 1, 2021, at 10:00 a.m., and will be conducted in chambers. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to nelson@ned.uscourts.gov, in Word format, by 3:00 p.m. on February 22, 2021. A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magi strate judge on September 18, 2020, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The deposition deadline for fact witnesses is June 5, 2020. The deposition deadline for expert witnesses is October 2, 2020. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
253
MEMORANDUM AND ORDER - IT IS ORDERED: Crabar's motion to set aside (filing 242 ) is granted. Fredrickson's and Kohlhaas' motion to dismiss (filing 226 ) is denied. The defendants' motion to dismiss (filing 228 ) is granted in part and denied in part as set forth above. Ordered by Chief Judge John M. Gerrard. (TCL)
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Filing
223
ORDER - Plaintiff's Motion for Leave to File Second Amended Complaint (Filing No. 154 ) is granted. Plaintiff shall file its proposed Second Amended Complaint on or before December 31, 2018. Defendants may file their responsive pleading(s) with in sixty (60) days after the Second Amended Complaint is filed. Defendants Motion to Strike Declarations of Elissa Isaacs and David Crysler (Filing No. 172 ) is denied. Plaintiff's first Motion to Compel (Filing No. 191 ) is denied, without pr ejudice. Plaintiffs second Motion to Compel (Filing No. 195 ) is denied, without prejudice. The current case progression deadlines are suspended pending the parties submission of a joint proposed amended case progression schedule within fourteen (14) days of the filing of all responses to the amended complaint and resolution of any motions to dismiss. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
150
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Jury Trial set for 6/17/2019 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 5/31/2019 at 10:00 AM in Chambers before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
137
MEMORANDUM AND ORDER - Crabar's motion for partial summary judgment (filing 56 ) as to § 5.1 (c) is denied. Wright and Wright Printing's motion for partial summary judgment (filing 75 ) as to §§ 5.1 (c) and (e) is granted. Crabar's motion to dismiss (filing 65 ) Wright Printing's counterclaim is granted. Wright and Wright Printing's counterclaim is dismissed. Ordered by Judge John M. Gerrard. (LKO)
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Filing
116
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE that the Stipulated Motion to Extend Certain Deadlines in Final Progression Order (Filing No. 113 ) is granted. Ordered by Magistrate Judge Michael D. Nelson.(LAC)
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Filing
32
STIPULATED PROTECTIVE ORDER and Confidentiality Agreement granting 31 Joint Motion for Protective Order. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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Filing
20
ORDER that this matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might rea sonably be questioned." Upon review of the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Chief Judge Laurie Smith Camp. (LAC)
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