Gioconda Law Group PLLC v. Kenzie
||Gioconda Law Group PLLC
||Arthur Wesley Kenzie
||June 22, 2012
||US District Court for the Southern District of New York
||Foley Square Office
||J. Paul Oetken
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
Available Case Documents
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|May 31, 2013
MEMORANDUM AND ORDER denying 40 Motion to Appoint Rule 706 Experts. The plaintiff, Gioconda Law Group PLLC (GLG), commenced this action against Arthur Wesley Kenzie (Kenzie), who is proceeding pro se, asserting claims for federal cybersquatting, tr ademark infringement, false designation of origin and unlawful interception and disclosure of electronic communications... and for related New York State law claims. Before the Court is Kenzies motion, made pursuant to Rule 706 of the Federal Rules o f Evidence, for the Court to: (a) appoint an independent expert witness to assist in assessing the evidence with regards to (1) the Uniform Domain Name Dispute Resolution Policy (UDRP); (2) alleged violations of The Wiretap Act; (3) alleged violation s of the Lanham Act; (4) alleged violations of the Anti-Cybersquatting Consumer Protection Act; (5) a trade-mark fair use defense in the intersecting contexts of information/network/cyber security and cybersquatting; [and] (6) proposed extensions to the Electronic Communications Privacy Act; and (b) [apportion] all costs of such experts to the plaintiff. The plaintiff opposes the motion. For the foregoing reasons, the defendant's motion for the Court to appoint an expert witness(es), pursuant to Rule 706 of the Federal Rules of Evidence, Docket Entry No. 40, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/31/2013) Copies Mailed By Chambers. (rsh).
|April 23, 2013
MEMORANDUM AND ORDER: denying 26 Motion for Judgment on the Pleadings. For the foregoing reasons, Plaintiffs motion for judgment on the pleadings is DENIED. The Clerk of Court is directed to close the motion at Dkt. No. 26. SO ORDERED.(Signed by Judge J. Paul Oetken on 4/23/2013) (ama)
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