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Slep-Tone Entertainment Corp. v. Kelly

United States District Court, D. South Carolina, Columbia Division

August 22, 2014

Slep-Tone Entertainment Corporation, Plaintiff,
v.
Jeremy Kelly d/b/a DJ Slinky d/b/a Kelly Entertainment; Linda Y. Love d/b/a Red Eyed Karaoke; Shelly Omeara d/b/a DJ Shelly; and Shooter's Grill & Pub, Inc., Defendants.

REPORT AND RECOMMENDATION

PAIGE J. GOSSETT, Magistrate Judge.

Plaintiff Slep-Tone Entertainment Corporation ("Slep-Tone") filed this action alleging claims of trademark infringement, 15 U.S.C. § 1114; unfair competition, 15 U.S.C. § 1125; and violation of the South Carolina Unfair Trade Practices Act, S.C. Code Ann. §§ 39-5-20, et seq. The court previously granted the defendants' motions to sever this action and ordered that

the claims against all but the first-named Defendant, Jeremy Kelly d/b/a DJ Slinky d/b/a Kelly Entertainment, shall be severed from this action. Slep-Tone is granted twenty-one (21) days to file new, separate actions against each of the remaining severed defendants (with benefit of relation back) and pay the requisite filing fees. Failure to do so will result in the court recommending dismissal with prejudice of the claims not pursued against those defendants.

(ECF No. 120 at 3-4.) In accordance with that Order, Slep-Tone filed a new, separate civil action against Defendant Linda Y. Love d/b/a Red Eyed Karaoke, C/A No. 3:14-3386-MGL, and was granted an extension of time to file a new civil action against Defendant Shooter's Grill & Pub, Inc. (ECF No. 125). Therefore, the court recommends that Defendant Linda Y. Love d/b/a Red Eyed Karaoke be dismissed as a party to this action. Further, because Slep-Tone has not pursued a new civil action against Defendant Shelly Omeara d/b/a DJ Shelly, the court recommends that its claims against Defendant Omeara be dismissed with prejudice.


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