NATIVE AMERICAN ARTS, INC. v. BUD K WORLDWIDE, INC.

Full title: NATIVE AMERICAN ARTS, INC., Plaintiff, v. BUD K WORLDWIDE, INC., Defendant

Court: United States District Court, M.D. Georgia, Valdosta Division

Date published: Jun 22, 2011

Civil Action 7:10-CV-124 (HL) (M.D. Ga. Jun. 22, 2011)

Opinion

Civil Action 7:10-CV-124 (HL).

June 22, 2011

ORDER

HUGH LAWSON, District Judge

On June 15, 2011, Defendant filed its Motion to Exclude Tony Eriacho Jr. as an Expert (Doc. 64). In a subsequent filing, Plaintiff states that it is withdrawing its offer of Mr. Eriacho's expert report in support of its response to Defendant's Motion to Dismiss. In light of Plaintiff's statement, the Motion to Exclude (Doc. 64) is denied as moot.¹ Mr. Eriacho's expert report will not be considered by the Court in ruling on Defendant's Motion to Dismiss. Further, Defendant's Motion to Strike (Doc. 57) and Motion to Withdraw Document (Doc. 71) are also denied as moot.

1 Of course, in the event Plaintiff survives the Motion to Dismiss, Defendant will be entitled to re-file its Motion to Exclude at a later time if Defendant deems it necessary.

SO ORDERED, this the 22^nd day of June, 2011.