Court Adopts Most of Magistrate's Recommendations in Kucala Enter. Case

Posted on December 15, 2004 by K&L Gates

Kucala Enter., Ltd. V. Auto Wax Co., Inc., 2003 WL 21230605 (N.D. Ill. Oct. 27, 2003)

Ruling on plaintiff's objections to the report and recommendations of the magistrate, the court declined to enter the ultimate sanction of default. The court adopted the factual findings of the magistrate, and adopted his recommendations with the one exception that the court would allow the plaintiff to proceed on its claim of non-infringement and to defend the infringement counterclaim, "on the condition that all discovery be made forthwith." 2003 WL 22433095, at *7.

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