Ornua Foods North America, Inc. v. Abbey Specialty Foods, LLC

Background

The opinion is an order issued after an initial pretrial conference held on May 30, 2023. The text identifies Ornua Foods North America, Inc., and other plaintiffs, and Abbey Specialty Foods, LLC, as the defendant. It does not describe the underlying claims or the parties’ arguments.

Motion

Abbey filed an amended motion seeking dismissal of the complaint and summary judgment. The court denied that motion without prejudice to renewal on a summary-judgment motion after discovery. The opinion does not provide the court’s substantive reasoning, stating only that the reasons were discussed during the initial pretrial conference.

Discovery and deadlines

The court limited discovery for this phase of the case to materials relevant to the likelihood of confusion, using the factors identified by the United States Court of Appeals for the Second Circuit in Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961). Document discovery was due by August 31, 2023. The defendant was permitted one deposition of its witness designated under Federal Rule of Civil Procedure 30(b)(6), to be completed by September 30, 2023.

The defendant’s renewed summary-judgment motion was due October 31, 2023. The plaintiffs’ opposition was due November 21, 2023, and the defendant’s reply was due November 28, 2023.

Disposition

Judge J. Paul Oetken denied the amended motion to dismiss and for summary judgment without prejudice to renewal after discovery. The Clerk of Court was directed to close the motions at ECF Nos. 19 and 24. The order does not state whether any claim was dismissed or whether either side prevailed on the underlying dispute.