Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 118

ORDER Denying 102 MOTION to Compel Discovery filed by Weather Underground, Incorporated and Discovery extended to 12/10/2010 - Signed by Magistrate Judge Virginia M Morgan. (JJoh)

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Doc. 118

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

THE WEATHER UNDERGROUND, INC., Plaintiff, v. NAVIGATION CATALYST SYSTEMS, INC., Defendant.1 ________________________________/ ORDER This is an action in which plaintiff filed suit against defendant alleging cybersquatting under the Anti-Cybersquatting Consumer Protection, 15 U.S.C. § 1125(d), trademark infringement under the Lanham Act, 15 U.S.C. § 1114(1), false designation of origin under the Lanham Act, 15 U.S.C. § 1125(a), and dilution by blurring and tarnishment under the Lanham Act, 15 U.S.C. §1125(c). Plaintiff also alleges claims of unfair competition and trademark infringement, civil conspiracy, contributory trademark infringement, and vicarious trademark infringement under Michigan law. The matter comes before the court on plaintiff's "Motion and Memorandum for an Order Compelling Compliance with May 25, 2010 Order Compelling Discovery and to Compel Production" (D/E #102). Defendant filed a response in opposition to CIVIL ACTION NO. 09-10756 DISTRICT JUDGE MARIANNE O. BATTANI MAGISTRATE JUDGE VIRGINIA M. MORGAN

All of the other defendants named in the complaint; Basic Fusion, Inc., Connexus, Corp., and Firstlook, Inc., have been dismissed due to a lack of personal jurisdiction (D/E #29).

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that motion (D/E #115) and a hearing was held on September 10, 2010. For the reasons stated on the record on that hearing, it is ordered that plaintiff's motion be DENIED. It is further ordered that: (2) Parties have stipulated to the appointment of a special master, who will be identified and duties outlined in an order to be presented for signature to this court on or before September 16, 2010. Parties have agreed to share the costs of a special master equally. (3) Parties have agreed to extend discovery to December 10, 2010. This date was approved by chambers of the district court. This will be the final extension of dates. SO ORDERED. S/Virginia M. Morgan Virginia M. Morgan United States Magistrate Judge

Dated: September 10, 2010

PROOF OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record via the Court's ECF System and/or U. S. Mail on September 10, 2010. s/Jane Johnson Case Manager to Magistrate Judge Virginia M. Morgan