Air Master Awning, Inc. v. Green Windows, Corp. et al
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|Date Filed||#||Document Text|
|September 28, 2018
OPINION AND ORDER re 13 MOTION to Dismiss for Failure to State a Claim , 29 MOTION for Leave to File Document Amended Complaint. The Court GRANTS co-defendants' request for dismissal pursuant to Fed. R. Civ. P. 12(b)(6) of p laintiff's claim of copyright infringement under 17 U.S.C. § 101, et seq., and request for preliminary injunction under Fed. R. Civ. P. 65(a), ECF No. 13. As such, said claims are hereby DISMISSED WITHOUT PREJUDICE. The Court GRANTS plainti ff's motion seeking leave to amend the complaint to include a claim of trademark infringement under 15 U.S.C. 1051, et seq., ECF No. 29. As such, PLAINTIFF SHALL RE-FILE ITS PROPOSED AMENDED COMPLAINT at ECF No. 29-1 as a separate docket entry, and CO-DEFENDANTS ARE GRANTED TWENTY-ONE (21) DAYS from the date of filing of the amended complaint to file their answers to the amended complaint. The parties are bound by the Case Management Calendar as follows: Pending i nitial disclosures (if any) and exchange of witness lists due by 11/2/2018. Discovery due by 3/8/2019. Dispositive Motions due by 4/21/2019. Opposition to Dispositive Motions due by 5/19/2019. The CASE IS HEREBY REFERRED TO A UNITED STATE S MAGISTRATE JUDGE for the setting of a status conference, at a time to be designated by the Magistrate Judge, and a settlement conference after May, 2019, at the conclusion of dispositive motion practice. If settlement does not materialize, the Court will set a Pre-trial and Trial schedule. Signed by U.S. District Judge Aida M. Delgado-Colon on 9/28/2018.(wm)
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