Kerzner International Limited et al v. Monarch Casino & Resort, Inc. et al

Filing 464

MINUTE ORDER re 459 Proposed Pretrial Order filed by Golden Road Motor Inn, Inc., Monarch Casino & Resort, Inc. ( Submission of Proposed form of judgment due by 10/29/2010.) Signed by Judge Edward C. Reed, Jr on 10/07/10. (Copies have been distributed pursuant to the NEF - LG)

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F!: 1VI E P ' !F y7 h D E' it'iE l ilD l !:' 2O $jh N tl' . E S(JIF ?.pL t 8t282 !ISL ; :2 ; 1: t' F k (1 . j - ( iq) ) yj k UN ITE D STATES DISTRICT CO RT DISTRlCT O F NEVADA - ->C. . . . f .iL Jt '. RENO, NEVADA KER ZN ER INTERNATIONAL LIMITED, an d KERZNER INTERNATIONAL RESORTS, Plaint iff s , E' v! . L,.ky t.. ,.r 'o .tk - ..yj ,.: . =, . . ) prn 1' '!n ' ' 3:06-cv-00232-ECR-RAM M TNU TE S OF THE COURT O ct obe r M ONARC H CASINO & RESORT, TNC ., GOL DEN ROAD MOTOR INN , INC ., De fen dant s . PRE SEN T : EDWARD C . REED, JR . U . S . DISTRICT JUDGE Deput y Clerk: COLLEEN LARSEN Reporter : NONE A PPEA R IN G Coun sel Coun sel Plaintiff l ) s Defend an t t ) s NONR A PPEA R IN G NONE A PPEA RTNG M IN UTE ORDER IN CHAMBERS Parties filed a proposed joint pretrial order ( 459) on September 13, # Kerzner International Limited et al v. Monarch Casino & Resort, Inc. et al 2 01 0 . The only issue to be determined at trial is whether Plaintiffs can p rove fame, within the meaning of Gruro Giaante S. A . de C . . v . Dallo & Co ., V Doc. 464 39l F. d 1088 (9th Cir. 2004), of Kerzner's Atlantis mark in Las Vegas as of 3 Ap r il , 1996. Plaintiffs concede that they cannot prove the sole dispositive issue . Proposed Joint Pretrial Qrder at 3 ( 459). # Plaintiffs request that the Court enter judgment against Plaintiffs. Id. ( 459). We will treat # Plaintiffs' request as a motion to dismiss and for entry of judgment. Defendants object, alleging that Plaintiffs are trying to exclude evidence and artificially limit the record. Id. at 4 ( 459) # However, p roc eedin g with a trial when the sole factual issue has been conceded b y Plaintiff would be a waste of judicial resources. IT IS , THEREFORE , HEREBY ORDERED that Plaintiff's motion to dismiss and for entry of judgment is GRKNTED. IT IS FURTHER ORDEQRR th at Defendants shall submit a proposed form of 2 judgment within twenty one ( 1) days. Plaintiffs shall have fourteen (14) days to file objections to the proposed judgment, and Defendants shall have fourteen ( 4) days to file a reply in support of their proposed judgment. 1 LA NCE W ILSON , CL ERK By /s/ Dep uty Clerk

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