Quality First Roofing, Inc. v. Cedar Valley Exteriors, Inc.

Filing 94

MEMORANDUM AND ORDER - The Motion for Summary Judgment (filing no. 72 ) is denied. The Daubert Motion to Exclude Proposed Testimony of Cedar Valley's expert witness Melissa Snelson (filing no. 78 ) is denied. The motions to restrict (filing no. 74 , filing no. 79 and filing no. [83) are granted. Once filed, my chambers will provide Magistrate Judge Zwart with a copy of this Memorandum and Order by e-mail. Ordered by Senior Judge Richard G. Kopf. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
QUALITY FIRST ROOFING, INC.,
a Nebraska corporation,
Plaintiff,
v.
CEDAR VALLEY EXTERIORS,
INC., a Minnesota corporation,
Defendant.

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8:13CV321

MEMORANDUM AND ORDER

Generically speaking (pun intended), this is a case about two trademarks held
by Cedar Valley. Cedar Valley’s federal trademarks are identified by Serial Nos.
77142831 and 77143590.
Among other things, Quality First seeks a declaration of invalidity. Cedar
Valley in turn asserts that the marks are valid, and it seeks relief against Quality First
for violation of the marks. Interestingly, this complex case solely involves use of the
color orange.
Quality First has filed a motion for summary judgment. That motion will be
denied because there are material facts in dispute. That said, I compliment counsel
on both sides for their excellent briefs. Even I understood the issues.
Quality First also wants me to exclude Cedar Valley’s expert witness, a CPA,
under the Daubert case. That motion will be denied as well subject to rulings on
objections when the witness testifies.
IT IS ORDERED that:

1.

The Motion for Summary Judgment (filing no. 72) is denied.

2.

The Daubert Motion to Exclude Proposed Testimony of Cedar Valley’s
expert witness Melissa Snelson (filing no. 78) is denied.

3.

The motions to restrict (filing no. 74, filing no. 79 and filing no. 83) are
granted.

4.

Once filed, my chambers will provide Magistrate Judge Zwart with a
copy of this Memorandum and Order by e-mail.1

DATED this 29th day of April, 2015.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

1

I remind counsel, and I am sure Judge Zwart will as well, that I expect counsel
to confer and submit agreed jury instructions and an agreed verdict form. If counsel
don’t agree, and I have the sense that they did not seriously try to agree, I will be
unpleasant. I will not tolerate dueling jury instructions or a verdict form where there
is no good reason.
2