Chesney v. Harneet Pasricha et al

Filing 18

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 8/1/2014. Discovery due by 9/1/2014. Dispositive Motions due by 4/1/2015. Jury Trial set for 8/18/2015 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 8/7/2015 10:00 AM before Senior Judge John T. Nixon. Signed by Magistrate Judge E. Clifton Knowles on 4/1/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KENNY CHESNEY,
Plaintiff,
v.
HARNEET PASRICHA d/b/a
COUNTY WEST and T.M.
ENTERPRISES NY INC. a/k/a
T.M. ENTERPRISES INC. a/k/a
T & M ENTERPRISES,
Defendants.

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No. 3:14-cv-00154
Judge Nixon
Magistrate Judge Knowles
JURY DEMAND

INITIAL CASE MANAGEMENT ORDER
A.

JURISDICTION:

The court has federal question jurisdiction pursuant to 28

U.S.C. §§ 1331, 1338(a), 1338(b), and 1332(a), diversity jurisdiction pursuant to
28 U.S.C. §1332(a), and supplemental jurisdiction pursuant to 28 U.S.C. § 1367.
B.

BRIEF THEORIES OF THE PARTIES:
1)

PLAINTIFF:

Plaintiff alleges that Defendants are infringing his

trademarks, copyright, and rights of personal publicity under federal and state
law, have breached a settlement agreement between the parties, and are engaging
in unfair competition and fraud by having advertised and sold, and continuing to
advertise and sell, goods bearing Plaintiff’s trademarks, copyrights, name, image,
and/or persona. Plaintiff seeks a declaratory judgment that Defendants’ actions
are infringing; a permanent injunction against Defendants; impoundment and
destruction of all infringing goods; statutory, contractual, and common law

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damages; and attorneys’ fees and interest, as provided by statute and the contract
between the parties.
2)

DEFENDANT: Defendants deny that they have breached the contract

between the parties, and deny that they are infringing on Plaintiff’s trademarks,
copyrights, and/or rights of personal publicity.
C.

ISSUES RESOLVED: Jurisdiction.

D.

ISSUES STILL IN DISPUTE: Liability and damages.

E.

INITIAL DISCLOSURES:

The parties shall exchange initial disclosures

pursuant to Fed. R. Civ. P. 26(a)(1) on or before May 1, 2014. Deadline for filing
Motions to Amend the Pleadings is August 1, 2014.
F.

DISCOVERY: The parties shall complete all written discovery and depose all
fact witnesses on or before September 1, 2014. Discovery is not stayed during
dispositive motions, unless ordered by the court. The deadline for filing discovery-related
Motions regarding fact discovery is September 10, 2014.

G.

DISCLOSURE OF EXPERTS: The plaintiff shall identify and disclose all

expert witnesses and expert reports, if any, on or before October 1, 2014. The
defendant shall identify and disclose all expert witnesses and reports, if any, on or
before November 1, 2014.

Rebuttal experts, if any, shall be identified and

disclosed (along with expert reports) on or before December 1, 2014.
H.

DEPOSITIONS OF EXPERT WITNESSES:

The parties shall depose all

expert witnesses on or before February 1, 2015.
I

.JOINT MEDIATION REPORT: The parties shall file a joint mediation report

on or before January 16, 2015.
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J.

Dispositive Motions: The parties shall file all dispositive motions on or before April 1, 2015.
Responses to dispositive motions shall be filed within twenty (20) days after the
ling of the motion. Optional replies may be filed
within ten (10) days after the filing of the response. Briefs shall not exceed 20
pages except upon leave of court. No motion for partial summary judgment shall
be filed except upon leave of court. Any party wishing to file such a motion shall
first file a separate motion that gives the jurisdiction for filing a partial summary
judgment motion in terms of overall economy of time and expense for the parties,
counsel and the court.
K.

ESTIMATED LENGTH OF TRIAL: The parties have demanded a jury trial
and estimate the length of the trial to be approximately two (2) weeks.
The trial is set for August 18, 2015, before Judge Nixon. The pretrial conference is set for
August 7, 2015, at 10:00 a.m.

IT IS SO ORDERED.

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E. Clifton Knowles, U.S. Magistrate Judge

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