Judge Kernodle denied the third party’s motion to quash a subpoena issued in a case pending in his court for the reason that FRCP 45(a)(3) requires motions to quash subpoenas to be issued in the court for the district where compliance is required, here the Northern District of Georgia, just a few states down I-20 from Tyler. (Interestingly, Ian Fleming has no fewer than two women in his novels describe James Bond as resembling Carmichael).
Plaintiff DIRECTV sought expedited discovery prior to the scheduling conference to serve third-party subpoenas. The court denied the unopposed motion, citing the plaintiff’s failure to request injunctive relief as it contended it would, or to attach the proposed subpoenas to allow the court to determine whether the requested scope of discovery was appropriately balanced between the scope of discovery and the privacy interests of defendants.
The court determined to lift the stay after some, but not all, of the PTAB/CAFC proceedings.
Most JMOLs get denied. That was certainly the case here following a damages retrial.
A Tyler division jury before Judge Schroeder awarded the plaintiff $659,106.40 in this damages retrial.
Mostly limine with a side of motion to exclude and a doggie bag of MSJ and expert rulings.
Pretty solid set of post-verdict motions at issue in this 54 page opinion, which ordered a new trial on damages.
A Tyler jury in Judge Jeremy Kernodle’s court found largely for the defendant in this case, after the parties dropped copyright infringement and other claims during the trial.
Judge Kernodle just finished what I believe is Tyler’s first in-person trial of the year.
54 of them actually, and they are allegedly counterfeiting toys, requiring these findings and injunction.
