53 results for 'judge:"Robart"'.
J. Robart denies Boeing summary judgment for the trade secrets misappropriation claim in the aircraft manufacturer's complaint alleging that Boeing infringed on the manufacturer's hybrid-electric and electric aircraft technology. Boeing argues that the manufacturer does not present expert testimony to back its claim, but the substance of the expert's report establishes a genuine dispute as to whether the alleged trade secrets were readily ascertainable.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 22, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Trade Secrets, Experts
J. Robart denies summary judgment to the nutrition supplement company for the contract claim in its complaint alleging that the advertising agency breached the contract by demanding payment for expenses and creative services. The nutrition supplement company does not state which provisions of the contract the advertising agency breached.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 1, 2024, Case #: 2:22cv1063, NOS: Other Contract - Contract, Categories: Contract
J. Robart grants summary judgment and $874,400 to the trust fund for its complaint that the construction company did not make the required employee benefit contributions. The construction company does not rebut the trust fund's evidence that the former did not make the required contributions when the construction company did not report certain compensable hours for its bargaining unit employees, and that the construction company also overpaid certain contributions during the January 2021 through September 2022 audit period.
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 29, 2024, Case #: 2:22cv799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Robart denies the computer hardware manufacturer's motion for a temporary restraining order in its complaint alleging that the IT services company refused to return $6.4 million-worth of Bitcoin after it failed to provide sufficient power and energy to the manufacturer's Bitcoin miners. The manufacturer does not show a likelihood of irreparable harm without a temporary restraining order because the evidence shows that the IT services company already agreed to return the manufacturer's high-powered computers, specifically on a "staggered monthly schedule extending through July of this year."
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 18, 2024, Case #: 2:24cv319, NOS: Other Contract - Contract, Categories: Restraining Order, Contract
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J. Robart grants the widower's motion for sanctions in his complaint alleging that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. The radio program host did not answer the widower's discovery requests for 11 months, and their counsel only said that the radio program host simply missed the electronic service, which is not an adequate response.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 26, 2024, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Robart dismisses Amazon's false advertising claim accusing the listed seller of selling counterfeit Nite Ize STEELIE products on Amazon's platform by using both his own name and several pseudonyms. Amazon does not plausibly allege that the listed seller is liable under this claim, because Amazon does not allege that the listed seller made false statements in their commercial advertisements to influence consumers or to compete with Amazon.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 12, 2024, Case #: 2:19cv990, NOS: Trademark - Property Rights, Categories: Trademark, False Advertising
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Robart grants the aircraft manufacturer's motion to seal its Dec. 29, 2023 letter to the court in its lawsuit accusing Boeing of infringing on the aircraft manufacturer's hybrid-electric and electric aircraft technology. Boeing does not oppose this motion, which the aircraft manufacturer puts forth because its interrogatory responses "in part reflect Zunum’s confidential and proprietary business information and may reflect information Zunum learned from documents that Boeing produced in this litigation and designated confidential."
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 31, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Robart orders a supplemental briefing on the manufacturer's motion to dismiss the metal supplier's complaint that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. The metal supplier seems to misunderstand the previous order to argue for the sufficiency of its patent allegations, so it has until Feb. 9, 2024 to file a supplemental brief addressing this. The manufacturer and its co-defendants may file an optional supplemental reply to that supplemental brief by no later than Feb. 16, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 29, 2024, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Robart denies the hospital's motion for a protective order relating to its claim that the certified registered nurse anesthetist's interrogatories contain multiple discrete subparts that should be considered separate interrogatories, which relate to the registered nurse's lawsuit accusing the hospital of wrongfully firing her after refusing to give her a medical exemption for a Covid-19 vaccine. The hospital does not explain the basis for its argument that other interrogatories contain multiple discrete subparts, because it does not demonstrate “that a particular subpart of a particular interrogatory introduces a separate and distinct line of inquiry from the one that precedes it, and which could fairly and logically be counted as a new interrogatory against the presumptive limit.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 18, 2024, Case #: 2:23cv83, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Discovery
J. Robart dismisses the registered nurse's lawsuit accusing the hospital of writing a negative performance review in retaliation for her disability accommodation request and report of sexual harassment in the workplace. The nurse's complaint is "not a model of clarity," as it does not present clear evidence that the hospital failed to take immediate action to address the sexual harassment against her, nor does the nurse produce evidence that the hospital intended to discriminate against her due to her disability.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 5, 2024, Case #: 2:22cv536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Robart denies the glass infuser company's requests for entry of a permanent injunction and for an order directing the destruction of infringing products against the tobacco shop. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which describes the sale of one counterfeit G Pro Vaporizer displaying one infringing mark instead of the wider injunction relating to “the counterfeit G Pen product identified in the complaint and any other unauthorized G Pen product, counterfeit, copy or colorful imitation thereof.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 26, 2023, Case #: 2:23cv402, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Robart grants the widower's motion for case-dispositive sanctions against pro se defendant Louis Clyde Holder, which relates to his complaint that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. Holder violated the court's discovery orders issued on three separate occasions by not responding to them and by not appearing for a hearing. The widower may file a motion for attorney fees incurred in bringing his sanctions motion and entry of default by no later than Jan. 5, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 13, 2023, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Robart dismisses the former ironworker's complaint that the industrial machinery manufacturing company's hoisting apparatus infringes on his patent for a device "for use with a crane in positioning an object at a desired distance inside an opening of a building." The former ironworker does not state a plausible claim for relief because he points to conclusory statements in his complaints without sufficient factual allegations.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 8, 2023, Case #: 2:23cv562, NOS: Patent - Property Rights, Categories: Patent
J. Robart grants the insured's motion to remand his complaint claiming that the insurance company is obligated to cover his claim for an accident with an at-fault, underinsured motorist. The insured successfully argues that he raises a viable common law bad faith insurance claim against the insurance company's adjuster, and thus there is no fraudulent joinder to justify keeping this case in federal court.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 8, 2023, Case #: 2:23cv1575, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Robart denies the biopharmaceutical company's motion to seal the Dana Berkowitz declaration related to its complaint accusing the multinational pharmaceutical company of taking credit for the biopharmaceutical company's development of a Covid-19 vaccine. The ingredients listed in the biopharmaceutical company's amended complaint are not trade secrets, and while it may redact information about confidential discussions or agreements with suppliers, the biopharmaceutical company is warned against attempting to redact entire document pages.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 5, 2023, Case #: 2:22cv334, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Covid-19
J. Robart partially grants the timeshare owners leave to amend their complaint accusing Happy Hour Media Group of not truly assisting them in "exiting" their timeshare obligations in various resort properties. The timeshare owners filed their motion to amend within 21 days of Happy Hour Media Group filing its motion to dismiss and no one filed a responsive pleading, so the timeshare owners shall file an amended complaint by Dec. 15, 2023.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 5, 2023, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Class Action
J. Robart denies the Christian humanitarian aid organization summary judgment against the job applicant's complaint that the former rescinded its job offer because the applicant is a married lesbian. The organization argues that the applicant's claims are barred by Title VII's religious organization exemptions, but it cannot invoke the religious employer exemption because her claims are based on sex and sexual orientation, not religious discrimination.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 28, 2023, Case #: 2:21cv920, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Robart awards the steel framing manufacturer $594,500 in attorney fees and $135,600 in costs, and awards Clarkwestern Dietrich Building Systems LLC $766,600 in attorney fees and $48,500 in costs, for the steel framing manufacturer's complaint that the company founder and others violated a patent order by infringing on the steel framing manufacturer's products.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 21, 2023, Case #: 2:18cv659, NOS: Other Contract - Contract, Categories: Patent, Attorney Fees, Contract
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the tobacco shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid others against performing the listed actions."
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 16, 2023, Case #: 2:23cv1198, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Robart grants the metal supplier leave to file an amended complaint adding third-party Clarkwestern Dietrich Building Systems LLC as a co-plaintiff in its lawsuit alleging that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. ClarkDietrich is a necessary party in this action, because it is an exclusive licensee that has "an interest relating to the subject of th[is] action," and its absence from this case may impede its ability to protect that interest.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 8, 2023, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Patent
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the tobacco shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid others against performing the listed actions."
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 8, 2023, Case #: 3:23cv5181, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Robart grants the glass infuser company $5,000 in statutory damages and $687 in litigation costs for its complaint alleging that the tobacco shop and its owner sold unauthorized counterfeit glass infusers bearing the glass infuser company's "Studenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv374, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Robart denies the glass infuser company's requests for entry of a permanent injunction and for an order directing the destruction of infringing products against the tobacco shop. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which describes the sale of one counterfeit Studenglass glass infuser with one unspecified Studenglass mark as opposed to the wider injunction relating to “the counterfeit Stündenglass product identified in the complaint and any other unauthorized Stündenglass product.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv314, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Robart awards the glass infuser company $5,000 in statutory damages and $592 in litigation costs against the tobacco shop and its owner for selling counterfeit glass infusers beating the glass infuser company's "Stundenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, the tobacco shop sold at least one item bearing the mark and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv318, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Robart awards the glass infuser company $5,000 in statutory damages and $687 in litigation costs against the tobacco shop and its owner for selling unauthorized glass infusers bearing the glass infuser company's "Studenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv321, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the cigar shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid” others against performing the listed actions.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 6, 2023, Case #: 2:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Injunction