Hunter Douglas, Inc. et al v. Nien Made Enterprise Co. Ltd. et al

Filing 156

MINUTE ENTRY for Motions Hearing held before Chief Judge Marcia S. Krieger on 7/21/2014. Motion to Dismiss 107 is GRANTED as to defendant Nien Made Enterprises Co. Ltd and the Report and Recommendations 151 is Adopted. OBJECTIONS/APPEAL OF MAGISTRATE JUDGE DECISION to District Court is 90 GRANTED/SUSTAINED. 146 Motion for Hearing/Conference is DENIED as premature. Court Reporter: Terri Lindblom. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: July 21, 2014

Civil Action No. 13-cv-01412-MSK-MJW
Parties:

Counsel Appearing:

HUNTER DOUGLAS, INC.;
RUSSELL L. HINCKLEY, SR., Executor of the Estate of
Andrew J. Toti, on behalf of the Estate of Andrew J. Toti,

Frederick Whitmer
Miranda Rogers
Christopher Reed

Plaintiff,
v.
International Window Treatments, Inc.;
Nien Made Enterprise Co. Ltd.;
Norman International, Inc.;
Norman International Colorado, LLC;
Richfield Window Coverings, Inc. d/b/a Nien Made U.S.A.;
Global Custom Commerce, Inc. d/b/a Blinds.com;
Nien Advanced Solutions d/b/a Norman Window Fashions;
Norman International Arizona, LLC;
Norman International Dallas, LLC;
Norman International Florida, LLC;
Norman International Illinois, LLC;
Norman International Las Vegas, LLC;
Norman International San Jose, LLC;
Norman International Virginia, LLC

Douglas Sawyer
Kourtney Merrill

Defendants.

COURTROOM MINUTES
HEARING:

Motions

3:02 p.m.

Court in session.

The Court addresses the Motion to Dismiss (Doc. #107) and the Magistrate Judge’s
Recommendation (Doc. #151).

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
No further argument.
Oral findings and conclusions of law are made of record and incorporated herein.
ORDER:

Motion to Dismiss (Doc. #107) is GRANTED as to defendant Nien Made
Enterprises Co. Ltd, the plaintiff’s objections are OVERRULED and the
Recommendation of the Magistrate Judge (Doc. #151) is ADOPTED.

The Court addresses defendants’ objection/Appeal (Doc. #90) of Magistrate Judge Decision
(Doc. #86).
Argument.
ORDER:

Defendants’ Objection/Appeal (Doc. #90) are SUSTAINED. Based on new
facts, the Court declines to adopt the decision of the Magistrate Judge (Doc. #86)
on the Motion to Stay (Doc. #74). A stay is imposed until there is a determination
by the Patent Office on the most recent petition.

ORDER:

Motion for Hearing/Conference (Doc. #146) is DENIED as premature.

3:36 p.m.

Court in recess.

Total Time: 33 minutes.
Hearing concluded.