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Contract: Other | Florida Southern
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Leave to File Order on Motion for Extension of Time Order on Expedited Motion
ORDER GRANTING in part 68 Plaintiff, US Health Drugstore Inc.'s Motion for Leave to Amend. By September 17, 2026, Plaintiff shall file its amended pleading as a separate docket entry. Defendant, Pharma Developpment SAS's Motion to Dismiss 67 is DENIED as moot. Plaintiff, US Health Drugstore Inc.'s Motion for Extension of Deadlines 69 and Amended Motion for Extension of Deadlines 70 are DENIED as moot. Signed by Chief Judge Cecilia M. Altonaga on 9/15/2026. See attached document for full details. (nt)
Trademark | New York Eastern
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Default Judgment
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby adopts, in its entirety, the well-reasoned 23 Report and Recommendation of the Honorable Vera M. Scanlon. It has been more than fourteen days since the filing of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See, e.g., Singh v. Anmol Food Mart, Inc., No. 22-CV-5475 (RER) (JAM), 2025 WL 611121, at *1 (E.D.N.Y. Feb. 26, 2025) (reviewing Report and Recommendation without objections for clear error). The 19 Motion for Default Judgment is granted as to Plaintiff's Lanham Act claims of trademark infringement under 15 U.S.C. § 1114(1), and false designation of origin and unfair competition under 15 U.S.C. § 1125(a), and denied as to the remaining claims. Plaintiff is awarded $35,000 in statutory damages under 15 U.S.C. § 1117(c)(2), post-judgment interest on the total damages at the rate set forth in 28 U.S.C. § 1961, and the filing fee cost. Plaintiff is also granted injunctive relief in the form of a permanent injunction as set forth in Chief Mag. Judge Scanlon's 23 Report and Recommendation. The Clerk of Court is respectfully directed to enter default judgment in accordance with this Order. Ordered by Judge Nina R. Morrison on 9/15/2026. (JK)
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