Sater Design Collections Inc, The v. Wingard Properties Inc et al
| Sater Design Collections Inc, The |
| Wingard Properties Inc, James T Wingard and Deborah Wingard |
| 4:2008cv04101 |
| December 22, 2008 |
| US District Court for the District of South Carolina |
| Copyright Office |
| Horry |
| Terry L Wooten |
| Defendant |
| Federal Question |
| 28:1338 Copyright Infringement |
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Filing
176
CONSENT JUDGMENT. This action, having come before the Court upon the stipulation of Plaintiff, The Sater Design Collection, Inc., and Defendants, The Lowrey Group, Inc. and Robert C. Lowrey, and all issues having been duly con sidered, it is hereby ORDERED AND ADJUDGED that Plaintiff, The Sater Design Collection, Inc., shall recover the sum of $79,025.60 from Defendants, The Lowrey Group, Inc. and Robert C. Lowrey, jointly and severally, with interest thereon, at the rate of 0.16% per annum. Signed by Honorable Terry L Wooten on 7/18/2011. (mcot, )
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Filing
165
ORDER RULING ON REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Magistrate Judge's 159 Report is ACCEPTED. For the reasons articulated by the Magistrate Judge, the plaintiff's 129 motion for summary ju dgment is GRANTED in part and DENIED in part. It is GRANTED with respect to the Second, Third and Thirteenth Defenses raised by defendants Wingard Properties, Inc., James T. Wingard, and Deborah Wingard in their 93 answer to the plaintiff's s econd amended complaint. More specifically, summary judgment is GRANTED on the issues of whether the plaintiff has sufficiently stated a cause of action upon which relief may be granted; whether its claims are barred by the applicable statute of lim itations, applicable statute of repose, or the doctrine of laches; and whether its claims are barred by the defense of copyright misuse. The plaintiff's motion for summary judgment is DENIED as to all other issues. The plaintiff's 128 m otion for final default judgment against defendant The Lowrey Group, Inc. is also GRANTED in part and DENIED in part. More specifically, this Court enters final default judgment against The Lowrey Group on the issue of liability but denies the plain tiff's request for the entry of specific damages against The Lowrey Group at this stage of the litigation. Finally, the 127 motion for summary judgment filed by the defendants Deborah Wingard and James T. Wingard is DENIED. Signed by Honorable Terry L Wooten on 5/4/2011. (prou, )
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Filing
115
ORDER RULING ON REPORT AND RECOMMENDATIONS. The Report of theMagistrate Judge is ACCEPTED 95 . For the reasons articulated by the Magistrate Judge, the answer filed by Robert C. Lowery on behalf of The Lowery Group, Inc., 52 , is hereby STRICKEN from the record, and the Clerk of Court is hereby directed to make an entry of default as to defendant The Lowery Group, Inc. Signed by Honorable Terry L Wooten on 7/9/2010. (mcot, )
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