JOE HAND PROMOTIONS, INC. v. VS JR, INC., C-12-31. (2012)
Court: District Court, S.D. Texas
Number: infdco20120716c69
Visitors: 10
Filed: Jul. 12, 2012
Latest Update: Jul. 12, 2012
Summary: ORDER NELVA GONZALES RAMOS, District Judge. Before the Court are two motions having to do with the determination of the applicable statute of limitations: (1) "Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 24); and (2) "Defendants' Motion for Summary Judgment and Opposition/Response to Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 27). The Court finds that this question is governed by Prostar v. Massachi, 239
Summary: ORDER NELVA GONZALES RAMOS, District Judge. Before the Court are two motions having to do with the determination of the applicable statute of limitations: (1) "Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 24); and (2) "Defendants' Motion for Summary Judgment and Opposition/Response to Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 27). The Court finds that this question is governed by Prostar v. Massachi, 239 ..
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ORDER
NELVA GONZALES RAMOS, District Judge.
Before the Court are two motions having to do with the determination of the applicable statute of limitations: (1) "Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 24); and (2) "Defendants' Motion for Summary Judgment and Opposition/Response to Plaintiff's Motion to Strike Defendants' Affirmative Defense & Brief in Support" (D.E. 27). The Court finds that this question is governed by Prostar v. Massachi, 239 F.3d 669 (5th Cir. 2001) (per curiam) and that the three-year limitations period governing actions under the federal Copyright Act is applicable. This action was filed within three years of the alleged wrongdoing.
The Plaintiff's Motion (D.E. 24) is GRANTED and the Defendants' statute of limitations defense is STRICKEN. The Defendants' Motion (D.E. 27) is DENIED.
ORDERED.
Source: Leagle
