WINE & CANVAS DEVELOPMENT LLC v. WEISSER et al

Filing 112

ENTRY - Wine & Canvas's Motion for More Definite Statement from Mr. Muylle (Dkt. 46 ) is TERMINATED as moot. Wine & Canvas's Motion for More Definite Statement from Mr. Weisser (Dkt. 53 ) is GRANTED in that Mr. Weisser is directed to identify and attach the licensing agreement referenced in Count I of his Counter-Claim, and DENIED in all other respects. Signed by Judge Tanya Walton Pratt on 7/2/2013. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
WINE & CANVAS DEVELOPMENT LLC,
Plaintiff,
v.
THEODORE WEISSER,
CHRISTOPHER MUYLLE,
YN CANVAS CA, LLC,
WEISSER MANAGEMENT GROUP, LLC,
Defendants.
______________________________________
CHRISTOPHER MUYLLE,
THEODORE WEISSER,
TAMARA SCOTT, ANTHONY SCOTT,
WINE & CANVAS DEVELOPMENT LLC,
DONALD MCCRACKEN,
Counter Claimants,
v.
WINE & CANVAS DEVELOPMENT LLC,
WINE & CANVAS DEVELOPMENT LLC,
CHRISTOPHER MUYLLE,
Counter Defendants.
______________________________________
CHRISTOPHER MUYLLE,
Third Party Plaintiffs,
v.
TAMARA SCOTT, ANTHONY SCOTT,
DONALD MCCRACKEN,
Third Party Defendants.

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Case No. 1:11-cv-01598-TWP-DKL

ENTRY ON MOTIONS FOR MORE DEFINITE STATEMENT
This matter is before the Court on Counter-Defendant, Wine & Canvas Development
LLC’s (“Wine & Canvas”), Motions for More Definite Statement against Counter-Claimants
Christopher Muylle (Dkt. 46) and Theodore Weisser (Dkt. 53). Having considered the Motions,
the Court makes the following rulings:
I. DISCUSSION
A.

Wine & Canvas’s Motion for More Definite Statement from Mr. Muylle (Dkt. 46)
On April 30, 2013, Mr. Muylle filed an Amended Answer with Counter-Claim against

Wine & Canvas (Dkt. 66). Thereafter, on June 18, 2013, Wine & Canvas filed an Amended
Answer to the Amended Counter-Claim (Dkt. 101). A motion for more definite statement is
properly granted only where a major ambiguity or omission in the complaint renders it
unanswerable. Such motions are made because the claims made are so vague or ambiguous that
the party making the motion cannot reasonably frame a response. See Fed. R. Civ. P. 12(e).
Because Mr. Muylle has filed an answer, there can no longer be a need for a more definite
statement. Therefore, Wine & Canvas’s Motion for More Definite Statement from Mr. Muylle
(Dkt. 46) is TERMINATED as moot.
B.

Motion for More Definite Statement from Theodore Weisser (Dkt. 53)
Wine & Canvas states that it cannot adequately answer Mr. Weisser’s Counter-Claim

(Dkt. 52) Counts I and II, without more information. Specifically, Count I references a license
agreement, but this agreement is not attached to the Counter-Claim. As for Count II, Wine &
Canvas argues that it does not contain sufficient factual allegations to form the basis of Mr.
Weisser’s claim that Wine & Canvas’s registered trademark is merely descriptive or lacks
distinctiveness. The Court agrees with Wine & Canvas that Mr. Weisser should have attached
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the licensing agreement at issue to the Counter-Claim. However, as to Count II, the substance
and pleading is identical to Count III in Mr. Muylle’s Amended Counter-Claim, to which Wine
& Canvas has already made a response. Therefore, the Court finds that Mr. Weisser’s CounterClaim Count II contains sufficient information to which Wine & Canvas can respond.
Accordingly, Wine & Canvas’s Motion for More Definite Statement from Mr. Weisser (Dkt. 53)
is GRANTED in part and DENIED in part.
II. CONCLUSION
Wine & Canvas’s Motion for More Definite Statement from Mr. Muylle (Dkt. 46) is
TERMINATED as moot. Wine & Canvas’s Motion for More Definite Statement from Mr.
Weisser (Dkt. 53) is GRANTED in that Mr. Weisser is directed to identify and attach the
licensing agreement referenced in Count I of his Counter-Claim, and DENIED in all other
respects.

SO ORDERED.

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

07/02/2013
Date: _______________

DISTRIBUTION:
Theodore Weisser
25 Rodeo Avenue, Apt. 2
Sausalito, California 94965

Ronald J. Waicukauski
PRICE WAICUKAUSKI & RILEY
[e-mail]

P. Adam Davis
DAVIS & SARBINOFF LLP
[e-mail]

Charles Johnson Meyer
WOODARD EMHARDT MORIARTY
MCNETT & HENRY, LLP
[e-mail]

Carol Nemeth Joven
PRICE WAICUKAUSKI & RILEY
[e-mail]

William A. McKenna
WOODARD EMHARDT MORIARTY
MCNETT & HENRY, LLP
[e-mail]
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