Fifty-Six Hope Road Music, Ltd. et al v. AVELA., Inc. et al

Filing 376

ORDER Granting 362 Motion to Permit Consideration of Late Filed Brief and Setting Hearing on 344 MOTION to Find AVELA Defendants in Contempt and 329 MOTION for Judgment. Motion Hearing set for 5/16/2012 09:30 AM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 4/16/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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FIFTY-SIX HOPE ROAD MUSIC, LTD.,
et al.,

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Plaintiffs,
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v.

A.V.E.L.A., INC., et al.,
Defendants.

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2:08-cv-00105-PMP-GWF
ORDER

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Before the Court for consideration is Plaintiffs’ Motion to Find Defendant

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A.V.E.L.A, Inc., and Licensees Pricepoint Accessories DBA Section 8, Inc., Funko,

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LLC, JGR Copa, LLC, C&D Visionary, Inc., and DADA Entertainment in Contempt

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of Court (Doc. #344).

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Defendant A.V.E.L.A., and Licensees Pricepoint, and JGR Copa have filed

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Oppositions to Plaintiffs’ Motion for Contempt, and Counter Motions for Costs and

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Attorneys Fees (Docs. #355, #357 and #359).

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On September 21, 2011, Plaintiff filed a Withdraw of the Motion for

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Contempt as to Licensee DADA Entertainment only (Doc. #367), which this Court

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has now granted (Doc. #375).

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A review of the Court’s docket shows that to date, no response to

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Plaintiffs’ Motion for Contempt has been filed by Licensee Funko, LLC or C&D

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Visionary, Inc. Additionally, the Second Supplemental Declaration of Timothy

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Ervin (Doc. #369) filed December 5, 2011 on behalf of Plaintiff avers that conduct

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giving rise to Plaintiffs’ Motion for Contempt continues. The Court concludes that a

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hearing is necessary to address the issues raised in Plaintiffs’ Motion for Contempt,

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as well as on the Counter Motions for Attorney’s Fees and Costs.

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IT IS THEREFORE ORDERED that a hearing on Plaintiffs’ to Find

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Defendant A.V.E.L.A, Inc., and Licensees Pricepoint Accessories DBA Section 8,

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Inc., Funko, LLC, JGR Copa, LLC, C&D Visionary, Inc., and DADA Entertainment

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in Contempt of Court (Doc. #344) is hereby set for Wednesday, May 16, 2012 at

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the hour of 9:30 a.m. in Courtroom 7C, before the undersigned.

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IT IS FURTHER ORDERED that counsel for Plaintiffs and Defendants

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shall appear personally for the hearing on Plaintiffs’ Motion for Contempt. The

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Court will, however, permit counsel for non-parties to participate in the hearing by

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telephone in the event they wish to do so.

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IT IS FURTHER ORDERED that non-party JGR Copa, LLC’s Motion to

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Permit Consideration of Late Filed Brief (Doc. #362) is GRANTED to the limited

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extent that it will be considered by the Court in determining the merits of Plaintiffs’

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Motion for Contempt (Doc. #344).

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IT IS FURTHER ORDERED that hearing is set for the same date and

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time on Plaintiff’s Motion for Entry of Judgment for an Award of Defendants’

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Profits and for Increased Profits Pursuant to 15 U.S.C. §1117 (Doc. #329).

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DATED: April 16, 2012.

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PHILIP M. PRO
United States District Judge

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