Henry Wadsforth Longfellow was invoked by the Court in an Opinion and Order for the Amazon/Ligonier perfumery lawsuit. The Court followed an evocative Longfellow passage about “Ships that pass in the night” with its own damning assessment of the state of the lawsuit:
“There are cases in which all that is shared in the parties’ briefs is the caption. The most mundane facts are passionately disputed. Unfavorable facts are misrepresentations. Unfavorable case law is not just distinguishable, it is irrelevant and misleading. Differing interpretations of evidence are absurd. Every action of opposing counsel is performed with malice.
These cases tax the Court needlessly. Rather than address the salient legal issues, the Court must check and re-check threshold factual matters and blackletter law. Motions cannot be decided before evidentiary objections, and objections to those objections, are resolved. The Court functions less as an adjudicative body and more as a schoolmarm.
This, unfortunately, looks to be one of those cases.”
See the full Opinion and Order below for the rest of the Court’s analysis.
The Omi in a Hellcat lawsuit may also require a schoolmarm soon to intervene in the parties’ dispute over jurisdictional discovery, which has seen charges of obfuscation and improper objections.
Which lawsuits are you following most closely?
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – The Defendants filed a Reply in Support of their Motion for Summary Judgment on August 25, 2022.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – Discovery deadlines have been extended by motion to October 4, 2022.
AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS (SD, filed 7/22/2021) – No update this month.
RE/MAX, LLC et al. v. Dulin et al. (SD, filed 8/24/2021) – The lawsuit was dismissed with prejudice on September 1, 2022.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The parties’ discovery deadlines were extended by motion on September 2, 2022.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – No update this month.
Edutainment Live, LLC v. Video Game Palooza et al. (SD, filed 10/11/2021) – No update this month.
Innovative Sports Management Inc. v. La Jalisco LLP (SD, filed 12/15/2021) – No update this month.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – Amazon’s Motion to Transfer Venue was granted on September 6, 2022. The case will be transferred from the Northern District of Indiana to the Southern District of Indiana, so we’ll be able to continue to follow it on this blog.
Reid v. Stephenson (SD, filed 1/27/2022) – The Complaint was served on Lance Stephenson on August 30, 2022. No further update.
Microsoft Corporation v. Solution Hat, LLC d/b/a Think Global et al. (SD, filed 2/25/2022) – The court granted permanent injunction against the Defendants and the lawsuit was dismissed.
NuStar Enterprises LLC v. Reloaded Merch LLC et al. (ND, filed 4/1/2022) – The parties are in the midst of a jurisdictional discovery dispute, and are now awaiting the Court’s ruling on a fully-briefed Motion to Compel Jurisdictional Discovery. The latest filing (below) finds the Plaintiff lamenting the Defendants’ “continued obfuscation” and discovery responses “rife with additional improper objections.” Stay tuned for the Court’s rulings.
Mapes v. Top Tier Marketers LLC d/b/a Artfily et al. (SD, filed 4/4/2022) – Some internal court administration took place over the last month, but no substantive updates.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – On August 17, the Plaintiff filed its Answer to the counterclaims of Defendants Havel and Weaver.
Defendant Bartel filed an Answer on September 9, 2022.
Lafayette Venetian Blind, Inc. v. Coulisse Distribution LLC et al. (ND, filed 6/29/2022) – No update yet.
PUMA SE et al. v. Brooks Sports, Inc. (SD, filed 7/8/2022) – Even more attorneys have made pro hac vice appearances this month, but there are no substantive updates.
Broadcast Music, Inc. et al v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon et al. (SD, filed 7/27/2022) – BMI filed a Motion for Clerk’s Entry of Default on September 6, 2022.
Schwartz v. Kilroy’s North America, LLC et al (SD, filed 8/5/2022) – On August 25, 2022, Defendant Kilroy’s North America, LLC was dismissed from the lawsuit. Amanda C. Couture has appeared as counsel for the remaining defendants, Kilroy’s on Kirkwood and Kilroy’s Sports.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – Oakley filed Affidavits of Service on September 12, 2022, so we can anticipate the Defendant’s Answer in the next month.
Honest Ave Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – Certificates of Service were filed on September 13, 2022. Stay tuned for updates.