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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UN ITE D STATES DISTRICT CO RT DISTRlCT O F NEVADA
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RENO, NEVADA
KER ZN ER INTERNATIONAL LIMITED, an d KERZNER INTERNATIONAL RESORTS, Plaint iff s ,
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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.
Dockets.Justia.com
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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