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Trademark | South Carolina
Amend/Correct
Joint MOTION to Amend/Correct Scheduling Order by Buc-ee's Ltd. Response to Motion due by 7/29/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(St Clair, Timothy)
Order on Motion for Leave to File Order on Motion to Amend/Correct Order on Motion for Preliminary Injunction Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
TEXT ORDER. As the undersigned ruled in today's hearing, the court has considered the parties' filings and the arguments presented by counsel and finds the following: the plaintiffs' 30 47 motions for leave to file sur-replies to the defendants' motions to dismiss are granted; defendant Michael Mikota's 23 motion to dismiss is granted in part and denied in part specifically, the motion is granted under Eleventh Amendment immunity as to the plaintiffs' claims for monetary damages and is denied as to the plaintiffs' claims for injunctive relief; the 28 motion to dismiss of defendant Spartanburg Community College Foundation, Inc. ("the Foundation") is denied; the plaintiffs' 54 motion for leave to file a second amended complaint is denied as to the addition of a claim for violation of Dr. Pilley's right of publicity against both defendants and is granted as to the addition of a direct copyright infringement claim against both defendants; and the plaintiffs' 55 motion for a preliminary injunction is denied based on their failure to establish that they are likely to suffer irreparable harm in the absence of preliminary relief and that the balance of equities tips in their favor. By July 29, 2026, the plaintiffs are directed to file their second amended complaint in accordance with the court's rulings with no additional allegations outside those of the proposed second amended complaint. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Kevin McDonald on 07/15/2026.(jens, )
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