Candella, LLC et al v. Liown Electronics Co. Ltd. et al

Filing 85

ORDER The Court hereby orders parties in the above-captioned matters to submit briefing to address the effect of the Candella, LLC-Luminara Worldwide, LLC merger, if any, on the pending motions before the Court in Case No. 14-cv-3103 and Case No. 14- cv-3112. The brief by counsel for Candella, LLC, and Luminara Worldwide, LLC in Case No. 14-cv-3103 (SRN/FLN), and Luminara Worldwide, LLC, Michael O. Shaughnessy, John W. Jacobson, QVC, Inc., and Darice, Inc. in Case No. 14-cv-3112 (SRN/FLN) shall b e filed no later than January 28, 2015. The response brief by counsel for Liown Electronics Co. Ltd., et al. in Case No. 14-cv-3103 (SRN/FLN), and Shenzhen Liown Electronic Co., Ltd. in Case No. 14-cv-3112 (SRN/FLN) shall be filed no later than February 11, 2015. (Written Opinion) Signed by Judge Susan Richard Nelson on 01/14/2015. Associated Cases: 0:14-cv-03103-SRN-FLN, 0:14-cv-03112-SRN-FLN(ILV)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Candella, LLC, and Luminara Worldwide,
LLC,

Case No. 14-cv-3103 (SRN/FLN)

Plaintiffs,
ORDER
v.
Liown Electronics Co. Ltd., Liown
Technologies/Beauty Electronics, LLC,
Shenzhen Liown Electronics Co. Ltd.,
Boston Warehouse Trading Corp., Abbott
of England (1981), Ltd.,
Defendants.

Daniel R. Hall, Joseph W. Anthony, Courtland C. Merrill, Anthony Ostlund Baer &
Louwagie PA, 90 South 7th Street, Suite 3600, Minneapolis, MN 55402, for Plaintiffs.
Devan V. Padmanabhan, Erin O. Dungan, Nadeem Schwen, Brooks F. Poley, Paul J.
Robbennolt, Winthrop & Weinstine, PA, 225 South 6th Street, Suite 3500, Minneapolis,
MN 55402, for Defendants.

Shenzhen Liown Electronic Co., Ltd.,

Case No. 14-cv-3112 (SRN/FLN)

Plaintiff,
v.

ORDER

Luminara Worldwide, LLC, Michael O.
Shaughnessy, John W. Jacobson, QVC,
Inc., Darice, Inc.,
Defendants.

Devan V. Padmanabhan, Erin O. Dungan, Brooks F. Poley, Paul J. Robbennolt, Winthrop
& Weinstine, PA, 225 South 6th Street, Suite 3500, Minneapolis, MN 55402, for
Plaintiff.
Daniel R. Hall, Joseph W. Anthony, Courtland C. Merrill, Anthony Ostlund Baer &
Louwagie PA, 90 South 7th Street, Suite 3600, Minneapolis, MN 55402, for Defendants.

SUSAN RICHARD NELSON, United States District Judge
These matters are before the Court on Defendants’ Motions to Dismiss in
Candella, LLC et. al. v. Liown Electronics Co. Ltd [Doc. No. 18, 46]; and Defendants’
Motions to Dismiss in Shenzhen Liown Electronics Co., Ltd. v. Luminara Worldwide,
LLC, et al. [Doc. No. 15, 37]. For the reasons that follow, the Court orders parties in
both above-captioned cases to submit additional briefing.
On January 12, 2015, the Court received a letter from Courtland C. Merrill, who
represents Candella, LLC, and Luminara Worldwide, LLC in Case No. 14-cv-3103
(SRN/FLN), and Luminara Worldwide, LLC, Michael O. Shaughnessy, John W.
Jacobson, QVC, Inc., and Darice, Inc. in Case No. 14-cv-3112 (SRN/FLN). According
to the letter and the supplemental copy of the certificate of merger, Candella, LLC and
Luminara Worldwide, LLC have merged under the laws of the State of Delaware. (See
Merrill’s Letter at 1, 3 [Doc. No. 83].) Mr. Merrill stated in his letter that “[i]f the Court
would like for the parties to address the effect of the merger on the pending motion[s],
[he] would be happy to provide the Court with additional information.” (Id. at 1.)
Accordingly, the Court hereby orders parties in the above-captioned matters to
submit briefing to address the effect of the merger, if any, on the pending motions before
the Court in Case No. 14-cv-3103 and Case No. 14-cv-3112. Counsel for Candella, LLC,
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and Luminara Worldwide, LLC in Case No. 14-cv-3103 (SRN/FLN), and Luminara
Worldwide, LLC, Michael O. Shaughnessy, John W. Jacobson, QVC, Inc., and Darice,
Inc. in Case No. 14-cv-3112 (SRN/FLN), shall submit a single brief of no more than five
(5) pages in length on or before January 28, 2015. Likewise, counsel for Liown
Electronics Co. Ltd., et al. in Case No. 14-cv-3103 (SRN/FLN), and Shenzhen Liown
Electronic Co., Ltd. in Case No. 14-cv-3112 (SRN/FLN), shall file a single response brief
of no more than five (5) pages in length on or before February 11, 2015.
THEREFORE, IT IS HEREBY ORDERED THAT:
1. Plaintiffs and Defendants in both above-captioned cases submit supplemental
briefing, as set forth herein;
a. The brief by counsel for Candella, LLC, and Luminara Worldwide, LLC in
Case No. 14-cv-3103 (SRN/FLN), and Luminara Worldwide, LLC,
Michael O. Shaughnessy, John W. Jacobson, QVC, Inc., and Darice, Inc. in
Case No. 14-cv-3112 (SRN/FLN) shall be filed no later than January 28,
2015; and
b. The response brief by counsel for Liown Electronics Co. Ltd., et al. in Case
No. 14-cv-3103 (SRN/FLN), and Shenzhen Liown Electronic Co., Ltd. in
Case No. 14-cv-3112 (SRN/FLN) shall be filed no later than February 11,
2015.

Dated: January 14, 2015

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Court Judge

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