Appliance Liquidation Outlet, LLC v. Axis Supply Corporation et al
| Texas Western District Court | |
| Judge: | Xavier Rodriguez |
| Case #: | 5:21-cv-00768 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Aug 13, 2021 |
| Terminated: | May 01, 2023 |
| Last checked: Wednesday Feb 09, 2022 2:38 AM CST |
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Defendant
Abkot Properties LLC
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Defendant
Axis Supply Corporation
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Represented By
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Plaintiff
Appliance Liquidation Outlet, LLC
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Represented By
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GPO
Aug 17 2023
ORDER GRANTING IN PART AND DENYING IN PART 56 Motion to Amend Judgment. The motion is GRANTED insofar as the Court will remove Defendants guests andtenants from the permanent injunction. An amended Final Judgment will be issued separately. The motion is DENIED on all other bases. Signed by Judge Xavier Rodriguez. (wg) |
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GPO
Nov 07 2023
REPORT AND RECOMMENDATIONS re 73 Motion for Attorney Fees filed by Appliance Liquidation Outlet, LLC, 52 Motion for Attorney Fees filed by Appliance Liquidation Outlet, LLC. The United States District Clerk shall serve a copy of this report and recommendation on all parties by either electronic transmittal to all parties represented by attorneys registered asa filing user with the clerk of court, or by mailing a copy by certified mail, return receipt requested, to those not registered. Signed by Judge Richard B. Farrer. (wg) |
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GPO
Jan 24 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 80 Report and Recommendations, GRANTED IN PART/DENIED IN PART 52 MOTION for Attorney Fees filed by Appliance Liquidation Outlet, LLC, GRANTD IN PART/DENIED IN PART 73 MOTION for Attorney Fees PLAINTIFFS MOTION FOR ADDITIONAL ATTORNEYS FEES filed by Appliance Liquidation Outlet, LLC.,Signed by Judge Xavier Rodriguez. (wg) |
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GPO
May 22 2024
t time, ALO is DIRECTED to re-urge a motion for writ of execution. Signed by Judge Xavier Rodriguez. (wg)ORDER DENYING re 84 MOTION Issue Opposed Writ re 78 Order, 83 Order Adopting/Rejecting Report and Recommendations, Terminate Motions, filed by Appliance Liquidation Outlet, LLC., Should Axis wish to stay proceedings to enforce the attorneys fees and costs awarded, Axis is DIRECTED to post a supersedeas bond in the amount of $102,128.28 no later than June 14, 2024.If Axis fails to post a supersedeas bond pursuant to this Order and ALO wishes to obtain a writ of execution at tha |
| Docket last updated: 2 hours ago |
| Monday, August 05, 2024 | ||
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order
Order on Motion for Miscellaneous Relief
Mon 08/05 9:24 AM
Text Order DENYING90 Unopposed Motion for Writ of Execution entered by Judge Xavier Rodriguez in light of the Fifth Circuit's93 Mandate vacating the fee award. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc) |
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| Monday, July 29, 2024 | ||
| 93 | 93
appeal
USCA Judgment/Mandate
Thu 08/01 3:40 PM
Certified copy of USCA JUDGMENT/MANDATE Remanding57 Notice of Appeal (E-Filed) filed by Axis Supply Corporation, Notice of Appeal,, filed by Axis Supply Corporation,74 AMENDED Notice of Appeal (E-Filed) filed by Axis Supply Corporation, AMENDED Notice of Appeal, filed by Axis Supply Corporation.***This cause was considered on the record on appeal and was argued by counsel. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. We REVERSE the judgment as to the Appliance Liquidation mark and AFFIRM as to the Appliance Liquidation Outlet mark. Accordingly, we MODIFY parts one, two, and three of the injunction to remove reference to the Appliance Liquidation mark. We also MODIFY part four to read, Causing confusion or the likelihood of confusion, mistake, or deception between Plaintiff and Defendant, including the confusing use of Appliance Liquidation. Finally, we VACATE the fee award.IT IS FURTHER ORDERED that each party bear their own costs on appeal. The judgment or mandate of this court shall issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. See Fed. R. App. P. 41(b). The court may shorten or extend the time by order. See 5th Cir. R. 41 I.O.P.***(dtg) |
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Att: 1
TRANSMITTAL LETTER FROM USCA5
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