Intellectual Property Law

This Court's Getting a Little Tired of Defendant's Motions for Reconsideration

By Michael Atkins

In Adidas America, Inc. v. Calmese, the District of Oregon denied the pro se defendant’s motion for reconsideration. In fact, it’s getting a little tired of his motions.

The introduction to the court’s order says it all:

“For the reasons that follow, the Court DENIES Defendant’s Second Motion for Leave to File a Third Motion for Reconsideration and further ORDERS Defendant not to make, file, or seek leave to file any additional motions with respect to any of the rulings, opinions, or orders addressed in this Order or related to the Court’s adoption of Magistrate Judge Stewart’s Amended Findings and Recommendation in this matter and ORDERS Defendant not to file any motion to reconsider this Opinion and Order.”

I guess the third time’s not a charm.

The court denied Adidas’ motion for sanctions but cautioned defendant Michael Calmese that failure to abide by its order could result in the court’s striking his pleadings, finding him in default, and allowing Adidas to pursue the relief it seeks without his having any additional opportunity to defend himself in the case.

The case cite is Adidas America, Inc. v. Calmese, 2010 WL 1641161, No. 08-91 (D. Or. April 20, 2010).

Full post as published by Seattle Trademark Lawyer on April 28, 2010 (boomark / email).