Paraíba Lawsuit: Where is it now?

Paraíba Lawsuit: Where is it now?

So where were we? Oh yes, on October 27th, in the case brought by David Sherman/Paraiba.com, Inc., et al., vs. the American Gem Trade Association, Inc., et al., regarding the use of the name “Paraíba” to describe cuprian tourmalines from any country of origin, the U.S. District Court for the Northern District of California dismissed Sherman’s case, “with prejudice for failure to respond to the court’s order to show cause, and for failure to diligently prosecute.”

For many, this meant that the battle over the use of term “paraiba” was officially dead.

But for Sherman, it was just a bump in the road to justice.

Sherman filed for a "Rule 60 Motion" to rehear the case. The court placed his hearing on the docket for early January. “At the judge’s request,” said Sherman, “the hearing for the motion was put over until January 9th.” And that date has come and gone.

According to Sherman, he has asked the Judge for “a little more time on the Rule 60 Motion.” Sherman has been talking with several law firms regarding the case, but at this point has not made a decision as to which firm will be representing him in court. “So it’s going to drag on for a bit, but I will let you know what the judge says. Until then, the case is alive and well. I am still very hopeful about getting my day in court over the Paraíba issue. We are talking to some great lawyers.”

Sherman has assured JCK that he does now have an attorney keeping up with the Court’s requirements.