Merry Sixfinger Christmas !!
12-24-08 What I got from Jim Alton were three different filings: 1) "Writ of Injunction" 2) "Permanent Injunction" and 3) "Final Judgement". Guess it turns out that that Christmas Eve also was "Final Judgement" Day. Whoa! The bottom line on all this was that I was ordered to stop selling my sixfinger foam hands, which was already moot anyway. I had to keep a notice on my site saying that my sixfinger foam hand was not licensed by Auburn University. I could not have any pictures on the site with the words "Auburn and "War Eagle" on them.
The Judge also concluded that "exceptional circumstances as defined in Burger King v, Pilgram's Pride Corp., 15 F.3d 166, 168 (11th Cir. 1994) do not exist and declines to award attorney's fees". The Judge also ordered that I be served these papers by U.S. Marshall.
In the "Final Judgement" the Judge ruled that "each party to bear it's own cost" and "all pending deadlines are terminated and all pending motions are hereby DENIED as moot",
12-24-08 Day, Christmas Eve....Place, My House....Time 7:50am......There was a loud banging on my front door. I went out and was met by U.S. Marshall Jim Alton with papers in hand. Jim ask how I was doin' and wished me a Merry Christmas and said he had the Judge's "Permanent Injunction" , as he looked down and flipped through the paperes. He handed the papers to me and I walked him to his SUV. We chatted a minute about why it took so long for me to get these papers. I told him that the Judge had ruled on the 11th and this was 13 days later. He fumbled through some of his papers after saying that he had be given the papers on the previous Friday and that he had been to my house a few times since then but I wasn't home. I ask why he hadn't called first and he just looked a bit puzzled and shrugged. I told him I had been home most of the time. It was obvious that continuing to talk about this was not going to clear up the mystery any further so I wished him a Merry Christmas again and he did the same and off he went. So there I was with the papers in hand and the Fat Lady had sung. The Auburn Federal Sixfinger Foam Hand War was over, well maybe. Who knows? My sixfinger foam hand is in the history books but the team took care of that long before this Court. So on this day Auburn University and Santa still know where my house is.
The Judge also concluded that "exceptional circumstances as defined in Burger King v, Pilgram's Pride Corp., 15 F.3d 166, 168 (11th Cir. 1994) do not exist and declines to award attorney's fees". The Judge also ordered that I be served these papers by U.S. Marshall.
In the "Final Judgement" the Judge ruled that "each party to bear it's own cost" and "all pending deadlines are terminated and all pending motions are hereby DENIED as moot",
12-24-08 Day, Christmas Eve....Place, My House....Time 7:50am......There was a loud banging on my front door. I went out and was met by U.S. Marshall Jim Alton with papers in hand. Jim ask how I was doin' and wished me a Merry Christmas and said he had the Judge's "Permanent Injunction" , as he looked down and flipped through the paperes. He handed the papers to me and I walked him to his SUV. We chatted a minute about why it took so long for me to get these papers. I told him that the Judge had ruled on the 11th and this was 13 days later. He fumbled through some of his papers after saying that he had be given the papers on the previous Friday and that he had been to my house a few times since then but I wasn't home. I ask why he hadn't called first and he just looked a bit puzzled and shrugged. I told him I had been home most of the time. It was obvious that continuing to talk about this was not going to clear up the mystery any further so I wished him a Merry Christmas again and he did the same and off he went. So there I was with the papers in hand and the Fat Lady had sung. The Auburn Federal Sixfinger Foam Hand War was over, well maybe. Who knows? My sixfinger foam hand is in the history books but the team took care of that long before this Court. So on this day Auburn University and Santa still know where my house is.
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