106 1 revamped motion.pdf


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Case 2:11-cv-08305-ODW-PLA Document 106-1 Filed 02/12/13 Page 3 of 7 Page ID #:674

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TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT at 1:30 p.m. on March 18, 2013, or as soon

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thereafter as it can be heard, at courtroom 11 of the above-entitled court, located at

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312 North Spring Street, Los Angeles, CA 90012-4701, Plaintiff Slep-Tone

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Entertainment Corporation (“Plaintiff”) will and hereby move the Court to reconsider

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its Order dated January 15, 2013 (Docket No. 104).

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This motion is made pursuant to Rule 60(b)(6), and, in the alternative, Rule

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59(e), of the Federal Rules of Civil Procedure, and on the grounds that Defendants

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Kelly Sugano and Taka-O are not the “prevailing party” as defined by the Ninth

10 Circuit Court of Appeals for the purposes of the fee-shifting provision contained in the
11 Lanham Act.
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This motion is made following the telephone conference of counsel which took

13 place on February 12, 2013, and will be based on this Notice, the accompanying
14 memorandum of points and authorities, as well as the pleadings, files, and records in
15 the above-entitled action, and any such oral and documentary evidence as may be
16 presented prior to or at the hearing on this motion.
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Respectfully submitted,

18 Dated: February 12, 2013

FOX ROTHSCHILD LLP

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By

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/Alan C. Chen/
Alan C. Chen
Attorneys for Plaintiff,
SLEP-TONE ENTERTAINMENT
CORPORATION

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NOTICE OF MOTION AND MOTION FOR RECONSIDERATION
LA1 285578v3 02/12/13