Yellow Book USA Inc et al v. Brandeberry

Filing 130

POST-APPEAL BRIEFING ORDER. Signed by Judge Thomas M Rose on 3/26/13. (kje1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
YELLOW BOOK USA, INC., et al.,
Case No. 3:10-CV-025
Plaintiffs,
Judge Thomas M. Rose
-vSTEVEN M. BRANDEBERRY,
Defendant.
______________________________________________________________________________
POST-APPEAL BRIEFING ORDER
______________________________________________________________________________
Yellowbook appealed this Court’s Entry and Order Granting Brandeberry’s Motion for
Summary Judgment and Granting In Part and Overruling In Part Yellowbook’s Motion for
Partial Summary Judgment. (Doc. #61.) Yellowbook also appealed this Court’s Entry and Order
Overruling Yellowbook’s Motion for Attorneys’ Fees. (Doc. #109.)
As a result, the Sixth Circuit has determined that Yellowbook is entitled to injunctive
relief and damages for trademark infringement. The Sixth Circuit has also remanded the matter
for this Court to determine the attorneys’ fees, if any, to be awarded to Yellowbook as a result of
the Jury verdict returned in Yellowbook’s favor on August 24, 2011. Id.
The Mandate on the Sixth Circuit’s remand was issued on March 22, 2013. Also,
Brandeberry’s Attorney has been granted leave to withdraw and has not yet been replaced.
Therefore, the Parties are given until not later than twenty-one (21) days following entry
of this Order to submit initial briefs not exceeding twenty (20) pages in length that address the
injunctive relief and additional damages, if any, that should be awarded and the attorneys’ fees
that should be awarded. The Parties may then submit simultaneous reply briefs fourteen (14)

days following the submission of the latest-filed initial brief. Following the submission of
simultaneous reply briefs, the matters will be at issue.
DONE and ORDERED in Dayton, Ohio this Twenty Sixth day of March, 2013.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Steven M. Brandeberry at his last address of record

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