Genick Bar-Meir v. North American Die ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-2661
    ___________
    Genick Bar-Meir,                       *
    *
    Appellant,                 *
    *
    v.                               * Appeal from the United States
    * District Court for the
    North American Die Casting             * District of Minnesota.
    Association,                           *
    *      [UNPUBLISHED]
    Appellee.                  *
    ___________
    Submitted: November 27, 2002
    Filed: December 26, 2002
    ___________
    Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.
    ___________
    PER CURIAM.
    Genick Bar-Meir filed this action against the North American Die Casting
    Association (NADCA), requesting an order that the domain name “nadca.org” should
    remain with him. NADCA filed counterclaims under the Lanham Act, 
    15 U.S.C. § 1051
     et seq., seeking injunctive relief and damages. We previously affirmed in an
    interlocutory appeal the district court’s1 grant of injunctive relief and summary
    1
    The Honorable Richard H. Kyle, United States District Judge for the District
    of Minnesota, adopting the report and recommendations of the Honorable Susan
    Richard Nelson, United States Magistrate Judge for the District of Minnesota.
    judgment to NADCA, and we now affirm the remaining pretrial orders2 that Bar-Meir
    challenges on appeal.
    We hold the district court did not abuse its discretion in any of its discovery
    rulings. See SDI Operating P’ship v. Neuwirth, 
    973 F.2d 652
    , 655 (8th Cir. 1992)
    (standard of review). We also hold the court did not abuse its discretion in refusing
    to impose the costs of personal service on NADCA, given that Bar-Meir did not show
    compliance with Federal Rule of Civil Procedure 4(d)(2)(D); or in refusing to
    continue a hearing on the summary judgment motion, see Wisland v. Admiral
    Beverage Corp., 
    119 F.3d 733
    , 737 (8th Cir. 1997) (district court is given wide
    authority and discretion to manage its caseload), cert. denied, 
    522 U.S. 1112
     (1998).
    We further hold the district court did not err in denying Bar-Meir’s motion to vacate
    the reference to the magistrate judge. See 
    28 U.S.C. § 636
    (b)(1). We do not consider
    the propriety of the district court’s damages award, as Bar-Meir did not argue the
    issue on appeal. See Fed. R. App. P. 28(a)(9)(A) (appellant’s brief must contain
    contentions on issues presented and reasons for them); Etheridge v. United States,
    
    241 F.3d 619
    , 622 (8th Cir. 2001) (claims not argued on appeal are abandoned).
    Accordingly, we affirm.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    2
    Magistrate Judge Nelson.
    -2-
    

Document Info

Docket Number: 02-2661

Filed Date: 12/26/2002

Precedential Status: Non-Precedential

Modified Date: 4/18/2021