Flexible Innovations Ltd v. IdeaMax et al
Flexible Innovations Ltd |
Eugene Lee, IdeaMax and Aekyung Lee |
4:2014cv00321 |
May 8, 2014 |
US District Court for the Northern District of Texas |
Fort Worth Office |
Tarrant |
Terry R Means |
Trademark |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 31 Memorandum Opinion and Order: The court ORDERS that the claims and causes of action asserted by plaintiff in Count 5 of plaintiff's complaint, as alleged in paragraph 38 on page 9 of such complaint, be, and are hereby, severed into a separate action to be carried on the docket of this court as Case No. 4:14-CV-884-A, bearing the style "Flexible Innovations Ltd., Plaintiff, v. IdeaMax, Eugene Lee, and Aekyung Lee, Defendants," and that the clerk of court include in the papers o f such severed action a copy of the complaint, with accompanying exhibits, filed by plaintiff on May 8, 2014, along with a copy of this order. The court further ORDERS that by November 10, 2014, plaintiff file an amended complaint in Case No. 4:14-CV -884-A limiting its claims and causes of action to the claims and causes of action alleged in Count 5 of the complaint in the instant action, and that defendants file and serve an answer to such Count 5 allegations in Case No. 4:14-CV-884-A by Novemb er 21, 2014. The court further ORDERS that all claims and causes of action asserted by plaintiff against defendants in its complaint in the instant action other than the Count 5 contempt claims and causes of action be, and are hereby, dismissed bec ause of plaintiff's failure to carry its burden of establishing in personam jurisdiction over defendants as to such dismissed claims and causes of action. The court determines that there is no just reason for delay in, and hereby directs, entry of final judgment as to such dismissal. (Ordered by Judge John McBryde on 10/31/2014) (mdf) |
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