Sorrell Holdings LLC v. Infinity Headwear & Apparel, LLC

Filing 63

ORDER denying 59 Motion for Reconsideration and providing the Court's interpretation of "figurative handle." Signed by Honorable Barry A. Bryant on November 30, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SORRELL HOLDINGS, LLC
PLAINTIFF
vs.

Case No. 4:16-cv-04019

INFINITY HEADWEAR &APPAREL, LLC

DEFENDANT

ORDER
Plaintiff, Sorrell Holdings, LLC , filed a Motion for Clarification and Reconsideration of the
Court's Claim Construction Order. ECF No. 59. Defendant, Infinity Headwear & Apparel, LLC,
filed its response. ECF No. 62. The parties have consented to the jurisdiction of a United States
Magistrate Judge to conduct any and all proceedings in this case, including conducting the trial,
ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 33.
The Court having reviewed the pleadings finds as follows:
Plaintiff requests clarification of the of the Court's construction of "figurative handle" due
to an inconsistency between the construction contained in the Order (ECF No. 57, Pg.9) as compared
to language used in Exhibit B to the order. (ECF No. 57, Pg. 14). To be clear, the Court construes
"figurative handle" to mean "a figure, resemblance, or likeness which is designed especially
to be grasped by the hand."
Further, Plaintiff's request for reconsideration of the Court's construction of "figurative
handle" and "cinch" is DENIED.
DATED this 30th day of November 2018.

Barry A. Bryant

/s/
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE