Bouncing Bear Botanicals, Inc. et al v. KTW Enterprises, Ltd. et al

Filing 132

MEMORANDUM AND ORDER overruling Defendants KTW Enterprises, LTD. and Ryan Scott A/K/A Bo Scott's 58 Motion For Stay Of Preliminary Injunction Hearing And Discovery, Or In The Alternative Motion For Protective Order. Further, Plaintiffs' [ 89] Motion for Leave to File Surreply To Motion For Stay Of Discovery (Doc. 58), and Plaintiffs' 44 Motion To Set A Preliminary Injunction Hearing Date are sustained. A Preliminary Injunction Hearing is set for 10/5/2011 and 10/6/2011 at 09:30 AM in Courtroom 476 (KHV) before Chief Judge Kathryn H. Vratil. Signed by Chief Judge Kathryn H. Vratil on 9/28/2011. (mg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BOUNCING BEAR BOTANICALS, INC.;
JONATHAN SLOAN and BRAD MILLER;

)
)
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Plaintiffs,
)
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v.
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KTW ENTERPRISES, LTD.; RYAN SCOTT, )
a/k/a BO SCOTT; and ALEX DIMOV, d/b/a
)
ALLEGRAND ENTERPRISES;
)
)
Defendants.
)
__________________________________________)

CIVIL ACTION
No. 10-4138-KHV

MEMORANDUM AND ORDER
Bouncing Bear Botanicals, Inc., Jonathan Sloan and Brad Miller bring suit against KTW
Enterprises, Ltd., Ryan Scott and Alex Dimov, alleging violations of the Lanham Act, 15 U.S.C.
§ 1121 et seq., and various supplemental state law tort claims and trademark violations. See
Complaint (Doc. #1) filed Nov. 10, 2011. This matter is before the Court on Defendants KTW
Enterprises, LTD. And Ryan Scott a/k/a Bo Scott’s Motion For Stay Of Preliminary Injunction
Hearing And Discovery, Or In The Alternative Motion For Protective Order (Doc. #58) filed
March 9, 2011, Plaintiffs’ Motion For Leave To File Surreply To Motion For Stay Of Discovery
(Doc. 58) (Doc. #89) filed May 27, 2011 and plaintiffs’ Motion To Set A Preliminary Injunction
Hearing Date (Doc. #44) filed February 22, 2011.
As a preliminary matter, the Court sustains as uncontested Plaintiffs’ Motion For Leave
To File Surreply To Motion For Stay Of Discovery (Doc. 58) (Doc. #89) filed May 27, 2011.
See D. Kan. Rule 7.4(b).
As to Defendants KTW Enterprises, LTD. And Ryan Scott A/K/A Bo Scott’s Motion For

Stay Of Preliminary Injunction Hearing And Discovery, Or In The Alternative Motion For
Protective Order (Doc. #58) filed March 9, 2011, movants ask the Court to stay the preliminary
injunction hearing and discovery pending its ruling on their motion to dismiss for lack of
jurisdiction, or in the alternative, to enter a protective order granting essentially the same relief.
On September 21, 2011, the Court overruled movants’ motion to dismiss. See Memorandum and
Order (Doc. #123). The Court did not set a preliminary injunction hearing prior to ruling, and it
thus effectively gave movants a portion of the relief which they sought in their motion. Further,
as plaintiffs have noted, movants affirmatively sought discovery from plaintiffs after filing this
motion. Thus, it appears to the Court that at this point, movants have achieved the relief which
they seek.

The Court therefore overrules movants’ motion.

To the extent the Court has

incorrectly interpreted movants’ position, they may file another motion which clarifies the relief
they seek.
Finally, the Court sustains plaintiffs’ Motion To Set A Preliminary Injunction Hearing
Date (Doc. #44) filed February 22, 2011 and sets a hearing for October 5 and 6, 2011 at 9:30
a.m. The Court understands that defense attorney Mr. DuBroff is unavailable on October 5, but
expects that co-counsel or local counsel can handle the hearing. Because plaintiffs have no
motion for preliminary injunction on file, the Court directs plaintiffs to file such a motion if the
current facts are other as represented in the briefs on the motion for a hearing date.
IT IS THEREFORE ORDERED that Defendants KTW Enterprises, LTD. And Ryan
Scott A/K/A Bo Scott’s Motion For Stay Of Preliminary Injunction Hearing And Discovery, Or
In The Alternative Motion For Protective Order (Doc. #58) filed March 9, 2011, be and hereby is
OVERRULED.
IT IS FURTHER ORDERED that Plaintiffs’ Motion For Leave To File Surreply To

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Motion For Stay Of Discovery (Doc. 58) (Doc. #89) filed May 27, 2011 and plaintiffs’ Motion
To Set A Preliminary Injunction Hearing Date (Doc. #44) filed February 22, 2011, be and hereby
are SUSTAINED.
IT IS FURTHER ORDERED that a preliminary injunction hearing is set for 9:30 a.m.
on October 5 and 6 in Courtroom 476 of the Robert J. Dole U.S. Courthouse in Kansas City,
Kansas.
Dated this 28th day of September, 2011 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge

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