Apple Hill Growers v. El Dorado Orchards, Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 APPLE HILL GROWERS, No. 2:17-cv-02085 DJC CKD 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EL DORADO ORCHARDS, INC., et al., 15 Defendants. 16 17 Plaintiff Apple Hill Growers (AHG) brought this action for trademark infringement 18 against defendant El Dorado Orchards, Inc. (EDO) and individual defendants Brad and Kandi 19 Visman, officers of defendant EDO (“the Vismans”).1 This action proceeds on the First 20 Amended Complaint (FAC). (ECF No. 17.) Before the court are the parties’ cross-motions for 21 summary judgment. (ECF Nos. 77 & 79.) Each party has filed an opposition, ECF Nos. 80 & 82, 22 and a reply, ECF Nos. 87 & 88. On April 4, 2023, the motions were submitted without oral 23 argument. (ECF No. 101.) For the reasons set forth below, the undersigned recommends that 24 plaintiff’s motion be denied, and defendants’ motion be granted in part and denied in part. 25 //// 26

27 1 The Vismans’ son Mason Visman was one of the original defendants,…