Dentsply International, Inc. V. Dental Brands for Less LLC
Plaintiff: Dentsply International, Inc.
Defendant: Dental Brands for Less LLC
Case Number: 1:2015cv08775
Filed: November 6, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Lorna G. Schofield
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051
Jury Demanded By: Plaintiff
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Date Filed Document Text
July 17, 2020 Opinion or Order Filing 416 OPINION AND ORDER re: 404 MOTION for Reconsideration Counterclaim Plaintiff Dental Brands for Less LLC's Fed.R.Civ.Proc. 54(b) Motion to Reconsider ECF No. 113, and to Reinstate Counterclaim (ECF No. 61), Count One (For Unlawful Co nspiracy in Unreasonable Restraint filed by Dental Brands for Less LLC. For the reasons herein, Defendant's motion pursuant to Rule 54(b) is denied. The Court of Clerk is respectfully directed to close docket no. 404. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/17/2020) (cf)
May 19, 2020 Opinion or Order Filing 415 ORDER: With respect to the parties' recent letters (Docket ## 411-414), the Court's Order of May 6, 2020 (Docket # 408), is a schedule for discovery exclusively on the issue of damages. The references to "all discovery" therein re fer to such damages discovery. Fact discovery on the issue of damages is permitted. With respect to the request to compel the deposition of Mr. Casey (Docket # 411), that request is denied without prejudice. Defendant should take a Rule 30(b)(6) depo sition on the damages topics it raises and if it is determined that answers are insufficient, a new application may be made compliant with paragraph 2.A of the Courts Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/2020) (ama)
April 2, 2020 Opinion or Order Filing 396 OPINION AND ORDER: For the foregoing reasons, Plaintiff's motion for summary judgment is DENIED. Dental Brands motion for summary judgment as to trademark infringement (Count I), false advertising (Count II), state unfair competition (Count VII) and state deceptive trade practices (Count VIII) is DENIED. Plaintiff should consider whether it will voluntarily dismiss any of the surviving claims, as any damages are likely duplicative, and multiple claims with different legal requirement s may be confusing to the jury. Dental Brands' motion for summary judgment as to federal and state trade dilution (Counts III, IV) and tortious interference with contracts (Count V) is GRANTED. A separate trial ready order will be issued. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/2/2020) (cf)
October 27, 2016 Opinion or Order Filing 113 OPINION AND ORDER re: 72 MOTION to Stay . filed by Dentsply International, Inc., 84 MOTION to Dismiss . filed by Dentsply International, Inc., 89 AMENDED MOTION to Dismiss . filed by Dentsply Internat ional, Inc.. For the foregoing reasons, Dentsply's motion to dismiss is GRANTED as to Count One and Count Three of the Counterclaims, but DENIED as to Count Two. The Clerk of Court is directed to close the motions at Dkt. Nos. 72, 84 and 89. (Signed by Judge Lorna G. Schofield on 10/27/2016) (kgo)
July 5, 2016 Opinion or Order Filing 75 OPINION AND ORDER. For the foregoing reasons, Defendant's motion is GRANTED as to the claims for tortious interference with contract (only for contracts where Plaintiff was not a party) and tortious interference with business relations, but DENI ED as to all other claims. The Clerk of Court is directed to close the motion at Dkt. No. 36. SO ORDERED. re: 36 MOTION to Dismiss Second Amended Complaint filed by Dental Brands for Less LLC. (Signed by Judge Lorna G. Schofield on 7/5/2016) (rjm)
March 4, 2016 Opinion or Order Filing 28 OPINION AND ORDER re: 15 MOTION to Change Venue and Alternatively to Dismiss First Amended Complaint filed by Dental Brands for Less LLC: For the foregoing reasons, Defendant's motion is DENIED. In accordance with Individual Rule III.B.4, the parties shall propose a briefing schedule for Defendant's pending motion to dismiss. (Signed by Judge Lorna G. Schofield on 3/4/2016) (tn)
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Plaintiff: Dentsply International, Inc.
Represented By: Larry Benjamin Miller
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Defendant: Dental Brands for Less LLC
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