Another month come and gone with just a few developments in Indiana copyright and trademark lawsuits. Some interesting cases were filed this month that should have an update next month.
Midcontinent Independent System Operator, Inc. v. Sullivan (SD, 1/18/2021) – On 3/10/21, the Defendant was granted another extension to file their Answer until 3/24/2021.
Schnebelt v. Anglotopia, LLC (ND, filed 1/18/2021) – On 3/10/21, the Plaintiff filed a Notice of Settlement indicating that “The parties have reached a settlement in principle. Plaintiff will filed a notice of dismissal by May 28, 2021.” So this lawsuit is basically over, likely just pending full payment from Defendant to Plaintiff.
Noble Romans, Inc. v. Gateway Triangle Corp. et al. (SD, filed 2/5/2021) – The Defendants have filed an Answer and Motion to Dismiss for Failure to State a Claim (see below). The Answer is almost entirely just general denials but does include Counterclaims (starting at page 21) that tell some of the Defendants’ side of the story. Allegedly, Noble Roman’s was attempting to use a few minor protocol breaches to force the Defendants’ into signing a 4-year lease agreement. The Counterclaims also allege abusive litigation practices and abuse of process. The Defendants are asking for dismissal of the Complaint, damages against the Plaintiffs, and attorneys’ fees.
Defense counsel are Ronald J. Waicukauski and Carol Nemeth Joven of Price Waicukauski Joven & Catlin, LLC.
The Motion to Dismiss addresses Noble Roman’s failure to make factual allegations of any specific wrongful conduct. If, per the Defendants’ Counterclaims, Noble Roman’s wanted a protracted legal battle, this is the first opportunity for it to spend some serious legal money defending deficiencies in the Complaint.
It should be noted that the original Noble Roman’s counsel who filed the Complaint is not among the team currently litigating the case, who it turns out might be on cleanup duty.
Motion to Dismiss for Failure to State a Claim:
Heartland Consumer Products LLC v. Speedway, LLC (SD, filed 2/5/2021) – No update yet
Indianapolis Bouldering, LLC v. BP Holdings Co. LLC et al. (SD, filed 2/11/2021) – No update yet
Watch Communications v. Jarman et al. (SD, filed 3/8/2021) – No update yet
La Michoacana Meat Market TM Holdings, LLC v. Lopez et al. (SD, filed 3/9/2021) – No update yet
La Michoacana Meat Market TM Holdings, LLC v. Galan et al. (ND, filed 3/9/2021) – No update yet