WINE & CANVAS DEVELOPMENT LLC v. WEISSER et al
Filing
426
ORDER on WNC Parties' Request for Judicial Notice - WNC Parties' request (Dkt. 417 ) is GRANTED in part and DENIED in part. Signed by Judge Tanya Walton Pratt on 11/14/2014. (Copy mailed to Theodore Weisser) (TRG)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
WINE & CANVAS DEVELOPMENT LLC,
)
)
Plaintiff,
)
)
v.
)
)
CHRISTOPHER MUYLLE,
)
)
Defendant.
)
______________________________________ )
)
CHRISTOPHER MUYLLE,
)
)
Counter Claimant,
)
)
v.
)
)
)
WINE & CANVAS DEVELOPMENT LLC,
)
)
Counter Defendant.
______________________________________ )
)
)
CHRISTOPHER MUYLLE,
)
)
Third Party Plaintiff,
)
)
v.
)
TAMARA SCOTT, DONALD McCRACKEN, )
)
and ANTHONY SCOTT,
)
)
Third Party Defendants.
)
Case No. 1:11-cv-01598-TWP-DKL
ORDER ON WNC PARTIES’ REQUEST FOR JUDICIAL NOTICE
This matter is before the Court on Plaintiff Wine & Canvas Development LLC and Third
Party Defendants Tamara Scott, Donald McCracken, and Anthony Scott’s (collectively “WNC
Parties”) Request for Judicial Notice of Adjudicative Facts (Filing No. 417). WNC Parties request
that the Court take judicial notice of five “adjudicative facts.” Defendant Christopher Muylle (“Mr.
Muylle”) filed a response to WNC Parties’ request for judicial notice (Filing No. 419). For the
following reasons, WNC Parties’ request is GRANTED in part and DENIED in part.
1. WNC Parties request that the Court take judicial notice of the parties to this case, but
they include the defaulted defendants in the instruction on judicial notice. The jury trial is between
only Mr. Muylle and WNC Parties. Judicial notice on the defaulted defendants does not appear to
be relevant to the issues to be tried and may lead to confusion. WNC Parties’ request is DENIED.
2. WNC Parties next request that the Court take judicial notice of the parties to this case,
including the defaulted defendants, and the claims asserted against those defendants. This request
presents the claims in a misleading manner. Additionally, the jury trial is between only Mr. Muylle
and WNC Parties. Again, judicial notice on the defaulted defendants does not appear to be relevant
to the issues to be tried and may lead to confusion. WNC Parties’ request is DENIED.
3. WNC Parties next request that the Court take judicial notice that the Court has
conclusively found the defaulted defendants jointly and severally liable for each of the claims
asserted by Wine & Canvas. This is not factually accurate. WNC Parties’ request is DENIED.
4. WNC Parties request that the Court take judicial notice that Theodore Weisser and Mr.
Muylle asserted counterclaims against Wine & Canvas. Defendant Theodore Weisser is in default,
and claims or counterclaims regarding Mr. Weisser will not be presented to the jury. Judicial notice
on the Mr. Weisser’s claims does not appear to be relevant to the issues to be tried and may lead
to confusion. WNC Parties’ request is DENIED as to Mr. Weisser. The Court GRANTS the
request as to Mr. Muylle and will take judicial notice that Mr. Muylle asserted a counterclaim
against Wine & Canvas for cancellation of Wine & Canvas’ trademark and for violations of
California’s franchising laws.
2
5. WNC Parties request that the Court take judicial notice that the Court ruled against
Theodore Weisser and Mr. Muylle and in favor of Wine & Canvas on the asserted counterclaims
against Wine & Canvas. Claims or counterclaims regarding Mr. Weisser will not be presented to
the jury and judicial notice as requested does not appear to be relevant to the issues of trial.
Instructing the jury on Mr. Weisser may lead to confusion. WNC Parties’ request is DENIED as
to Mr. Weisser. The Court GRANTS the request as to Mr. Muylle and will take judicial notice
that the Court ruled against Mr. Muylle and in favor of Wine & Canvas on Mr. Muylle’s
counterclaims against Wine & Canvas for cancellation of Wine & Canvas’ trademark and for
violations of California’s franchising laws.
During trial, counsel for WNC Parties may renew his request for judicial notice of certain
facts if they are accurate and relevant to matters before the jury.
SO ORDERED.
Date: 11/14/2014
DISTRIBUTION:
Theodore Weisser
14640 Morelli Lane
Sebastopol, California 95472
P. Adam Davis
DAVIS & SARBINOFF LLP
adavis@d-slaw.com
Carol Nemeth Joven
PRICE WAICUKAUSKI & RILEY
cnemeth@price-law.com
Ronald J. Waicukauski
PRICE WAICUKAUSKI & RILEY
rwaicukauski@price-law.com
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?