Fifty-Six Hope Road Music, Ltd. et al v. AVELA., Inc. et al
Plaintiff: Fifty-Six Hope Road Music, Ltd. and Zion Rootswear, LLC
Defendant: A.V.E.L.A., Inc. and Leo Valencia
Case Number: 2:2008cv00105
Filed: January 23, 2008
Court: US District Court for the District of Nevada
Office: Las Vegas Office
County: Clark
Presiding Judge:
Presiding Judge: Peggy A. Leen
Presiding Judge: Philip M. Pro
Nature of Suit: Trademark
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 16, 2017 Opinion or Order Filing 540 ORDER. IT IS HEREBY ORDERED that 527 Plaintiff's Motion to Enforce Sanctions Award is GRANTED, in part. Michael Adele, Esq. is sanctioned in the amount of $1,500. Mr. Adele is ordered to pay Plaintiffs the $1,500 sanction award no later than 9/18/2017. Signed by Magistrate Judge George Foley, Jr on 8/16/17. (Copies have been distributed pursuant to the NEF - MR)
January 4, 2017 Opinion or Order Filing 521 JUDGMENT on Attorney Fees in favor of Fifty-Six Hope Road Music, Ltd. against A.V.E.L.A., Inc. Signed by Clerk of Court Debra K. Kempi on 1/4/17. (Copies have been distributed pursuant to the NEF - ADR)
November 17, 2016 Opinion or Order Filing 517 ORDER. IT IS HEREBY ORDERED that 509 Plaintiffs' Third Motion to Compel Discovery and 511 Plaintiffs' Motion for Sanctions are granted. IT IS FURTHER ORDERED that Counsel for Plaintiffs shall, no later than 15 days from entry of this order, serve and file a memorandum, supported by the affidavit of counsel, establishing the amount of attorneys fees and costs incurred in the depositions and motions addressed in this order. Signed by Magistrate Judge George Foley, Jr on 11/16/16. (Copies have been distributed pursuant to the NEF - ADR)
May 5, 2015 Opinion or Order Filing 482 ORDER Granting 480 Stipulation Re Release of Deposit from Registry. Signed by Judge Andrew P. Gordon on 5/5/15. (Copies have been distributed pursuant to the NEF - cc: Finance - TR)
November 19, 2014 Opinion or Order Filing 470 ORDER Granting 469 Motion for Leave to File Exhibit Under Seal. Signed by Magistrate Judge George Foley, Jr on 11/19/2014. (Copies have been distributed pursuant to the NEF - SLR)
January 30, 2013 Opinion or Order Filing 443 JUDGMENT on Attorney Fees in favor of Plaintiffs Fifty-Six Hope Road Music, Ltd. and Zion Rootswear, LLC and against Defendants A.V.E.L.A., Inc., X One X Movie Archive, Inc., and Leo Valencia in the amount of $1,518,687.94, consisting of $ ;860,938.87 in attorneys fees through November 2, 2010 and $657,749.07 in attorneys fees from November 2, 2010 through the end of the case. Signed by Clerk of Court, Lance S. Wilson on 01/30/2013. (Copies have been distributed pursuant to the NEF - AC)
January 14, 2013 Opinion or Order Filing 438 ORDER Granting in part and Denying in part 390 Motion for Attorney Fees. The Motion is denied as to Defendants Jem Sportswear, Inc. and Central Mills, Inc. The Motion is granted as to Defendants A.V.E.L.A., Inc.; X One X Movie Archive, Inc.; and L eo Valencia to the extent more fully set forth in this Order. FURTHER ORDERED that Plaintiffs shall prepare and file within fifteen (15) days from the date of this Order a proposed form of order consistent with the Courts instructions regarding which fees appropriately are included within the award. Signed by Judge Philip M. Pro on 1/14/13. (Copies have been distributed pursuant to the NEF - MMM)
October 12, 2012 Opinion or Order Filing 414 ORDER Denying 396 Defendants' Renewed Motion for Judgment as a Matter of.Law, or in the Alternative, Motion for New Trial or Amendment of Judgment. Signed by Judge Philip M. Pro on 10/12/12. (Copies have been distributed pursuant to the NEF - EDS)
July 3, 2012 Opinion or Order Filing 385 ORDER Granting in Denying in Part 329 Motion for Entry of Judgment For An Award Of Defendants Profits. GRANTED to the extent that Defendant JEM shall, within 30 days of the date of this Order pay to Plaintiff s the sum of $413,638.29, Defend ant Freeze shall, within 30 days of the date of this Order pay to Plaintiffs the sum of $19,246.54, the AVELA Defendants shall, within 30 days of this Order pay to Plaintiffs the sum of $348,543.00 as and for lost profits. Denying in all ot her respects Plaintiffs Motion for Entry of Judgment for an Award of Defendants Profits and Increased Profits and For Increased Profits Pursuant to 15 U.S.C. §1117. The Clerk of Court shall forthwith enter Judgment in accord with the monetary awards Ordered above. Signed by Judge Philip M. Pro on 7/3/2012. (Copies have been distributed pursuant to the NEF - SLR)
June 27, 2012 Opinion or Order Filing 384 ORDER granting 383 Motion to Substitute Attorney. Attorney Melissa W. Woo-Allen added. Attorney Byron T Ball and Douglas D. Winter terminated. Signed by Judge Philip M. Pro on 6/27/12. (Copies have been distributed pursuant to the NEF - ECS)
May 29, 2012 Opinion or Order Filing 381 ORDER that the letter received from Pricepoint shall be filed by the Clerk of Court. Any Party or Non-Party seeking to recover attorney's fees or costs related to this action shall do so by filing an appropriate motion which the Court will consider after full briefing in the ordinary course. Signed by Judge Philip M. Pro on 5/29/12. (Copies have been distributed pursuant to the NEF - ECS)
May 18, 2012 Opinion or Order Filing 378 ORDER that Plaintiffs Motion for Contempt 344 is DENIED. Defendant AVELAs Countermotion for Attorneys Fees and Costs 355 is DENIED. Signed by Judge Philip M. Pro on 5/18/12. (Copies have been distributed pursuant to the NEF - ECS)
April 16, 2012 Opinion or Order Filing 376 ORDER Granting 362 Motion to Permit Consideration of Late Filed Brief and Setting Hearing on 344 MOTION to Find AVELA Defendants in Contempt and 329 MOTION for Judgment. Motion Hearing set for 5/16/2012 09:30 AM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 4/16/12. (Copies have been distributed pursuant to the NEF - ASB)
April 12, 2012 Opinion or Order Filing 375 ORDER that Plaintiff's Voluntary Withdrawal of 344 Motion for Contempt is GRANTED. Dada is dismissed from this action as pertains to Plaintiffs' Motion for Contempt. Signed by Judge Philip M. Pro on 4/12/12. (Copies have been distributed pursuant to the NEF - ECS)
August 4, 2011 Opinion or Order Filing 351 ORDER that counel for Pricepoint Accessories d/b/a Section 8, Inc., and JGR Copa LLC, may enter a limited appearance on behalf of their clients for the purpose of responding to 344 MOTION to Find AVELA Defendants in Contempt. Attorney Gaston Krou b added. Counsel to file Verified Petitions for Admission to this Court Pro Hac Vice. The Court will suspend the local counsel requirement. Signed by Judge Philip M. Pro on 8/4/11. (Copies have been distributed pursuant to the NEF - cc: Gaston Kroub - EDS)
April 12, 2011 Opinion or Order Filing 317 ORDER Granting 316 Notice of Substitution of Attorney John Yates in place and stead of Attorney Douglas D. Winter as to Jem Sportswear. Signed by Judge Philip M. Pro on 4/12/11. (Copies have been distributed pursuant to the NEF - EDS)
March 7, 2011 Opinion or Order Filing 309 ORDER that discovery is reopened until 6/7/11. IT IS FURTHER ORDERED that Plaintiffs shall have until 6/21/11 within which to file motion for disgorgement of profits. Defendants' response due 7/5/11. Plaintiffs' reply due 7/15/11. Signed by Judge Philip M. Pro on 3/7/11. (Copies have been distributed pursuant to the NEF - EDS)
February 14, 2011 Opinion or Order Filing 307 PARTIAL MONETARY JUDGMENT and Permanent Injunction in favor of Plaintiffs and against the A.V.E.L.A. Defendants in the amount of $300,000, jointly and severally, with interest at the rate of 1.88%. Signed by Judge Philip M. Pro on 2/14/11. (Copies have been distributed pursuant to the NEF - EDS)
January 17, 2011 Opinion or Order Filing 278 ORDER Granting 272 Motion to Seal 271 Exhibits F and G re 270 Motion in Limine. Signed by Judge Philip M. Pro on 1/17/11. (Copies have been distributed pursuant to the NEF - EDS)
November 2, 2010 Opinion or Order Filing 224 ORDER Granting 218 Motion to Submit Additional Evidence Re: Order Adjudicating Defendants Motion for Summary Judgment as to Plaintiffs Right of Publicity Claim; IT IS FURTHER ORDERED that Summary Judgment is hereby entered in favor of Defen dants and against Plaintiffs on Plaintiffs claim for violation of Publicity Rights under Nevada law. IT IS FURTHER ORDERED 221 Defendants Request for Sanctions is DENIED. Signed by Judge Philip M. Pro on 11/2/2010. (Copies have been distributed pursuant to the NEF - DXS)
October 13, 2010 Opinion or Order Filing 220 ORDER denying 205 Motion to Bifurcate Trial.; denying 217 Motion for Leave to File a Surreply in Opposition. Signed by Judge Philip M. Pro on 10/13/2010. (Copies have been distributed pursuant to the NEF - SD)
September 2, 2010 Opinion or Order Filing 211 ORDER Granting 169 Motion in Limine to Preclude Testimony by Witnesses Not Properly Disclosed Pursuant to FRCP 26, to the extent that Defendants shall be precluded from offering in their case in chief as witnesses in support of their claims or defenses, the testimony of Judy Steele, Robert Ross, and Jeff Marine. Signed by Judge Philip M. Pro on 9/1/2010. (Copies have been distributed pursuant to the NEF - SD)
September 1, 2010 Opinion or Order Filing 210 ORDER Granting 165 Motion in Limine to Exclude Evidence of Trademarks Not Alleged in this Action. Plaintiffs shall be precluded at trial from introducing evidence relating to trademarks such as TUFF GONG, ROOTS ROCK REGGAE, and CATCH A FIRE, whichare not alleged by Plaintiffs forming the basis for the claims of trademarkinfringement at issue in this case. Signed by Judge Philip M. Pro on 9/1/2010. (Copies have been distributed pursuant to the NEF - SD)
August 31, 2010 Opinion or Order Filing 208 ORDER granting 176 Motion in Limine. The Court will grant Plaintiffs motion as to the specifically identified exhibits. (see Order for further details)The Court also will grant Plaintiffs motion to the extent it seeks to preventDefendants from pr oducing at trial any new documents or eliciting testimony regarding unauthorized third party use outside the parameters of what the parties have exchanged in discovery. The discovery deadline has passed, and production of any new documents or evidenc e would prejudice Plaintiff. This Court previously denied Defendants motion to reopen discovery on this issue, and the Court will not revisit the matter. Signed by Judge Philip M. Pro on 8/31/2010. (Copies have been distributed pursuant to the NEF - SD)
February 25, 2010 Opinion or Order Filing 145 ORDER Granting in part and Denying in part 113 Motion for Summary Judgment. Denying 114 Motion for Summary Judgment. Pretrial order due 3/26/10. Trial set for 7/13/10 at 9:00am in 7C. Calendar Call set for 7/7/10 at 9:00am 7C. Signed by Judge Philip M. Pro on 2/25/10. (Copies have been distributed pursuant to the NEF - AXM)
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Plaintiff: Fifty-Six Hope Road Music, Ltd.
Represented By: Mark G Tratos
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Plaintiff: Zion Rootswear, LLC
Represented By: Mark G Tratos
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Defendant: A.V.E.L.A., Inc.
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Defendant: Leo Valencia
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