10 results for 'judge:"Pregerson"'.
J. Pregerson grants in part Nike's motion for attorney fees in a trademark dispute. A company alleged that Nike and Nordstrom infringed upon its stylized “N” design in their “Nordstrom x Nike” collaboration. The court found that the company owner "misled by omission" his relationship with another party, who turned out to be his mother, and that the relationship was significant regarding proof of the sale of branded products during the relevant period. The company was ordered to pay attorney fees for the discovery misconduct. Days before the scheduled ESI investigation, the company owner alleged that all devices that were scheduled to be searched had been stolen from his car. Nike seeks "full" attorney fees, arguing that the case is "exceptional" due to the discovery misconduct. Nike is awarded $1,491,634 in attorney fees and costs.
Court: USDC Central District of California, Judge: Pregerson, Filed On: April 19, 2024, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Attorney Fees
J. Pregerson denies in part California Highway Patrol officers' motion to dismiss a driver's allegations of excessive force, malicious prosecution and deliberate indifference to medical needs after he was pulled over and arrested for driving under the influence despite allegedly passing several field sobriety tests and agreeing to a breath test which was not administered. All charges against the driver were dropped following a blood test. The driver alleges he was thrown to the ground without cause, suffering a torn rotator cuff, shoulder injuries and back injuries. The officers are not entitled to qualified immunity on the excessive force claim. The officers withdrew their request to dismiss the malicious prosecution claim.
Court: USDC Central District of California, Judge: Pregerson, Filed On: January 24, 2024, Case #: 2:23cv5926, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Pregerson finds that the district court improperly dismissed an inmate's claim that federal prison officials denied him treatment for Hepatitis C but held that the lower court properly dismissed his claim that federal prison officials discriminated against him by denying treatment. The claim arose within an existing context as established by another matter in which prison officials were deliberately indifferent to an inmate’s asthma. Reversed in part.
Court: 9th Circuit, Judge: Pregerson, Filed On: December 11, 2023, Case #: 21-35582, Categories: Prisoners' Rights
J. Pregerson grants a motion from Nike and Nordstrom for terminating sanctions based on N.T.A.A.'s discovery misconduct in its litigation alleging that Nordstrom continuously branded its products with a specially designed "N" that belonged to N.T.A.A. The business owner of N.T.A.A. intentionally destroyed or attempted to destroy electronically stored information (ESI) relevant to this case, and the ESI investigation revealed the possible existence of numerous devices, accounts and user names that the business owner did not disclose.
Court: USDC Central District of California, Judge: Pregerson, Filed On: November 3, 2023, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Discovery
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J. Pregerson grants the LA Times' and another news source's motions to intervene and unseal six video exhibits relating to use of force incidents in Los Angeles County Jail facilities that were filed as part of a "putative class action complaint alleging a pervasive pattern of excessive force being utilized against inmates in Los Angeles County jail facilities." The news sources' motions to intervene are timely.
Court: USDC Central District of California, Judge: Pregerson, Filed On: September 12, 2023, Case #: 2:12cv428, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Pregerson denies a police officer's motion for summary judgment regarding a family's excessive force claims relating to an incident where the officer shot and killed a man with a gun. Multiple witness accounts contradict the officer's version of events, and none of them heard the officer identify himself or tell the man to drop the gun before he shot him multiple times. "A reasonable factfinder could well question [the officer's] account of events, and thus the reasonableness of his use of deadly force."
Court: USDC Central District of California, Judge: Pregerson, Filed On: September 6, 2023, Case #: 2:20cv6447, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Pregerson grants a media company's motion to dismiss an individual's negligence claim following a data breach in which his email address and login information were accessed. Hackers obtaining the individual's email address and login does not rise to the level of identity theft, and the individual does not show how obtaining his "personal music listening history" is comparable to social security numbers, credit card information or other sensitive personal information. The individual knew that he had not provided any sensitive information when he used the app.
Court: USDC Central District of California, Judge: Pregerson, Filed On: August 29, 2023, Case #: 2:20cv4855, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Tort, Negligence
J. Pregerson denies in part Southwest Airlines' motion for summary judgment regarding a Black passenger's claim of racial discrimination. The passenger alleges that two employees pointed at her and laughed at her, that a flight attendant smelled the beverage she brought on board the plane but did not smell the beverages that non-Black passengers brought on board, and that she was told to cover up her outfit, which a flight attendant found to be revealing, and which she did cover with a borrowed t-shirt before being removed from the plane. Video evidence "does not unequivocally support Southwest’s entire characterization of the events at issue." Whether the passenger's "interactions with Southwest employees might reflect harassment or otherwise wrongful conduct are also questions for a jury to decide." The passenger's intentional infliction of emotional distress claim continues.
Court: USDC Central District of California, Judge: Pregerson, Filed On: May 19, 2023, Case #: 2:21cv451, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights