Progressive Casualty Insurance Co. et al v. Drive Trademark Holdings LP et al

Filing 111

ORDER ADOPTING REPORT AND RECOMMENDATION for 71 Motion for Summary Judgment filed by Progressive Casualty Insurance Co., Progressive DLP Corp. (Granted in part, Denied in part); and Adopting 94 Report and Recommendation. Signed by Judge Leonard P. Stark on 9/26/11. (ntl)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF DELAWARE

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PROGRESSIVE CASUALTY
INSURANCE CO., ET AL.,
Plaintiffs,
v.
DRIVE TRADEMARK HOLDINGS LP,
ET AL.,

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Civil Action No. 09-902-LPS-MPT

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Defendants.

ORDER
And now this

:I~t;y of September, 2011,

For the reasons set forth by the Court during the hearing on September 22,2011,

IT IS HEREBY ORDERED that:
1. Plaintiffs' and defendants' Objections (D.1. 95, 96) to Magistrate Judge
Thynge's Report and Recommendation (D.L 94) are OVERRULED and the Report and
Recommendation is hereby ADOPTED.
2. Plaintiffs' motion for partial summary judgment (D.1. 71) is GRANTED in part
and DENIED in part - granted with respect to Count I and denied with respect to Count II.
Delaware counsel are reminded of their obligations to infonn out-of-state counsel
of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately

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of any problems regarding compliance with this Order.

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UNITED STATES DISTRICT JUDGE

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