UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
May 28, 2010
GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA AND EMBASSY OF THE LIBYAN ARAB JAMAHIRIYA, PLAINTIFFS,
AHMAD MISKI, DEFENDANT.
The opinion of the court was delivered by: Reggie B. Walton United States District Judge
This matter came before the Court for a hearing on several pending motions, namely: (1) the defendant's Motion to Show Cause;*fn1 (2) Plaintiff Libyan Government's Motion for Summary Judgment; (3) the defendant's Motion to Strike or Deny Plaintiffs' Summary Judgment Motion and Motion for Sanctions; and (4) the defendant's Motion to Strike or Dismiss Plaintiff "Embassy of the Libyan Arab Jamahiriya." At the May 28, 2010 hearing on these motions, the defendant also made an oral motion seeking to have the Court reconsider its earlier ruling in its January 25, 2010 Memorandum Opinion and accompanying Order that he had failed to timely request a jury trial and it was therefore waived, or alternatively, seeking leave to file a written motion setting forth his basis for such relief. All motions were opposed.*fn2
Based on the parties' filings and their oral arguments presented at the May 28, 2010 hearing, the governing legal authority, and for the reasons set forth by the Court during that hearing and supplemented by this Order, it is hereby
ORDERED the defendant's Motion to Show Cause is GRANTED IN PART to the extent that the defendant seeks additional discovery, but only to the extent set forth in this Order, and DENIED IN PART as to all remaining relief sought by the defendant. Specifically, discovery shall be reopened until July 30, 2010, for the defendant to make limited inquires to a representative for the plaintiffs, and to have the plaintiffs respond to the interrogatories that were submitted in Defendant's Second Set of Interrogatories Directed to Plaintiffs/Counter Defendants, which was originally submitted untimely on July 30, 2009. As to the extent of the inquires that can be presented to the plaintiffs' representative, those inquires are limited to subject matters relevant to the plaintiffs' claims, as well as an exceptionally limited inquiry into whether the plaintiffs knew that the defendant had any of the specific contracts and prospective business relationships or expectancies with third parties that are the subject to the defendant's counterclaims. If the plaintiffs' representative affirmatively admits that the plaintiffs knew of such contracts or business relationships or expectancies, the defendant is permitted to inquire further into the plaintiffs' knowledge, but if the plaintiffs' representative denies any such knowledge, no further inquiry is authorized. It is further
ORDERED that thePlaintiff Libyan Government's Motion for Summary Judgment is DENIED IN PART as to the plaintiffs' claims since there are questions of material fact as to the defendant's intent and alleged bad faith, as well as whether any mark used by the defendant was confusingly similar to any trademark owned by the plaintiffs, factual disputes that cannot be resolved at the summary judgment stage, and DENIED WITHOUT PREJUDICE IN PART as to the defendant's counterclaims. It is further
ORDERED that the defendant's Motion to Strike or Deny Plaintiffs' Summary Judgment Motion and Motion for Sanctions is DENIED because the Court finds that no conduct worthy of sanctions or basis for striking the plaintiffs' motion has been identified by the defendant. It is further
ORDERED that the defendant's Motion to Strike or Dismiss Plaintiff "Embassy of the Libyan Arab Jamahiriya" is GRANTED IN PART in so far as the plaintiffs are ordered to amend their complaint within 10 days of the date of this Order to provide the additional alternative nomenclature used by the United States Department of State to identify what the plaintiffs self-identify as the "Embassy Of The Libyan Arab Jamahiriya." It is further
ORDERED that the defendant's oral motion seeking reconsideration of the Court's finding that the defendant had waived any right he may have had to have a jury consider his counterclaims by failing to timely make a jury demand is DENIED.*fn3 It is further
ORDERED that the following schedule shall apply to any further dispositive motions for judgment: the proponent of a motion shall file the motion by August 27, 2010; the opponent shall file any opposition by September 24, 2010; and the proponent of the motion shall file any reply to the opposition by October 8, 2010. It is further
ORDERED that the parties shall appear before this Court for a hearing on any pending motions on November 19, 2010, at 10 a.m. in Courtroom 16 of the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001.