Case number 1:18-cv-07217
Fromageries Bel S.A. et al v. Emmi Roth USA, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 7, 2020 | 124 | Main Document (5) Docket Text: MAILED Patent/Trademark report with certified copy of minute order [122], [123] dated 2/6/20 to Patent Trademark Office, Alexandria, VA. (kp, ) |
| Feb 7, 2020 | 124 | Certified Minute Order (6) |
| Feb 6, 2020 | 122 | order on motion to approve consent judgment (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The motion for entry of consent judgment[116] is granted. Civil case terminated. (rao, ) |
| Feb 6, 2020 | 123 | order (5) Docket Text: CONSENT JUDGMENT Signed by the Honorable Martha M. Pacold on 2/6/2020:(rao, ) |
| Jan 30, 2020 | 120 | order on motion to approve consent judgment (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Motion hearing held on 1/30/2020 regarding motion to approve consent judgment[116]. The parties are directed to resubmit the Consent Judgment Order as modified in open court. Plaintiffs' motion for entry of consent judgment[116] is entered and continued. (rao, ) |
| Jan 30, 2020 | 121 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The status hearing set for 2/4/2020 is stricken. (rao, ) |
| Jan 15, 2020 | 119 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The motion for entry of consent judgment[116] is entered and continued to 1/30/2020 at 9:15 a.m. Consistent with the Court's standing order concerning settlement, the parties are directed to review the following Seventh Circuit cases regarding the retention of federal jurisdiction to enforce the terms of a settlement agreement: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006, and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002). The parties are further directed to review the article, "What's an Attorney to Do? Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases," by Judge Denlow, which may be accessed at: http://www.ilnd.uscourts.gov/ assets/ documents/ forms/ judges/DENLOW/FederalJurisdiction.pdf. The parties should confirm that their proposed consent judgment complies with the relevant caselaw. Additionally, the parties should consult the court's standing order concerning proposed orders and should resubmit their proposed judgment (including any changes, if they believe any are necessary) in accordance with the standing order on or before 1/27/2020. (rao, ) |
| Jan 9, 2020 | 116 | Main Document (2) Docket Text: MOTION by Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to approve consent judgment (Attachments: # (1) Text of Proposed Order)(Healey, Brendan) |
| Jan 9, 2020 | 116 | Text of Proposed Order (5) |
| Jan 9, 2020 | 117 | notice of motion (3) Docket Text: NOTICE of Motion by Brendan J. Healey for presentment of motion to approve consent judgment[116] before Honorable Martha M. Pacold on 1/16/2020 at 09:30 AM. (Healey, Brendan) |
| Jan 9, 2020 | 118 | terminate referral (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: In light of the parties' settlement, (see R. 116), all matters relating to the referral of this action have been concluded. The referral is closed and the case is returned to the assigned District Judge. Mailed notice (Kim, Young) |
| Dec 30, 2019 | 114 | status report (2) Docket Text: STATUS Report Joint Report on Pending Settlement and Request for Extension of Time to File Documents for In Camera Review with Consent by Biery Cheese, Co., EB Snacks, LLC, Emmi Roth USA, Inc. (Kocoras, Peter) |
| Dec 30, 2019 | 115 | order on motion to compel (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: In light of the joint status report, (R. 114), Plaintiffs' motion to compel [96] is denied without prejudice. As such, Defendants are not required to submit any documents for an in camera review at this time. If necessary, Plaintiffs may file a one-page statement by January 10, 2020, seeking to renew the motion to compel. Plaintiffs are not to re-file the motion. Mailed notice (Kim, Young) |
| Dec 26, 2019 | 113 | text entry (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: In connection with the pending motion to compel, (R. 96), Defendants are ordered to email the following 10 documents to the court by 3:00 p.m. on December 30, 2019, for an in camera review: PRIV 164, PRIV 165, PRIV 166, PRIV 174, PRIV 367, PRIV 377, PRIV 411, PRIV 674, PRIV 685, and PRIV 748. The court took the following steps to select this sample of documents for review: (1) listed the subject documents as they appear on page two of the motion to compel, (R. 96 at 2), on an Excel document (the total count is 100 documents, not 97), giving the court a line number for each document; (2) removed EMMI 94651 and EMMI 94657 from this list because Defendants have agreed to produce them to Plaintiffs without any redactions, (R. 101 at 12-13); (3) used the random number generator (https://stattrek.com) to randomly select 10 numbers within the range of 1 to 98; (4) the generator produced numbers 17, 18, 19, 26, 37, 40, 46, 72, 74, and 82; and (5) the court used these numbers as the line numbers on the Excel document to identify the sample of 10 subject documents withheld. Mailed notice (Kim, Young) |
| Dec 7, 2019 | 112 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Defendants' motion to disregard [108] is denied because this type of motion is not necessary. In the Northern District of Illinois, parties are not permitted to send letters to the court or file letters on the docket and this district disfavors motions to strike. In the future, the court suggests that the better approach to address a similar concern is to file a motion (with a notice of motion) seeking leave to file a sur-reply instanter to point out to the court that certain argument should be considered to have been waived or forfeited. Having said that, the court will consider Document Nos. 108 and 109 when ruling on Plaintiffs' motion to compel, (R. 96).Mailed notice (Kim, Young) |
| Dec 4, 2019 | 111 | status hearing (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 12/4/2019 and continued to 2/4/2020 at 9:45 a.m. (rao, ) |
| Dec 3, 2019 | 109 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. by Brendan J. Healey (Healey, Brendan) |
| Dec 3, 2019 | 110 | Response (3) Docket Text: RESPONSE by Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to motion for miscellaneous relief[108] (Healey, Brendan) |
| Nov 27, 2019 | 108 | motion for miscellaneous relief (2) Docket Text: MOTION by Defendants Biery Cheese, Co., EB Snacks, LLC to Disregard New Argument in Plaintiffs' Reply Brief (Jenike-Godshalk, Jesse) |
| Nov 26, 2019 | 107 | reply to response to motion (13) Docket Text: REPLY by Bel Brands USA, Inc., Fromageries Bel S.A. to MOTION by Counter Defendants Bel Brands USA, Inc., Bel Brands USA, Inc., Fromageries Bel S.A., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to compel and Exs. A-P REDACTED[96] Reply In Support of Motion to Compel (Baron, Steven) |
| Nov 25, 2019 | 106 | order on motion to withdraw as attorney (1) Docket Text: ORDER: George Desh's motion for leave to withdraw his appearance as counsel for Plaintiffs/Counter-Defendants Fromageries Bel S.A. and Bel Brands USA, Inc. [104] is granted. The motion hearing set for 12/5/2019 is stricken. Signed by the Honorable Martha M. Pacold on 11/25/2019. Mailed notice. (kp, ) |
| Nov 22, 2019 | 103 | status report (6) Docket Text: STATUS Report Joint Status by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Nov 22, 2019 | 104 | motion to withdraw as attorney (3) Docket Text: MOTION by Attorney George V. Desh to withdraw as attorney for Bel Brands USA, Inc., Bel Brands USA, Inc., Bel Brands USA, Inc., EB Snacks, LLC, Fromageries Bel S.A., Fromageries Bel S.A., Fromageries Bel S.A.. No party information provided (Desh, George) |
| Nov 22, 2019 | 105 | notice of motion (2) Docket Text: NOTICE of Motion by George V. Desh for presentment of motion to withdraw as attorney, [104] before Honorable Martha M. Pacold on 12/5/2019 at 09:30 AM. (Desh, George) |
| Nov 15, 2019 | 98 | motion for leave to file (4) Docket Text: MOTION by Defendants Biery Cheese, Co., EB Snacks, LLC, Emmi Roth USA, Inc. for leave to file Document Under Seal (Kocoras, Peter) |
| Nov 15, 2019 | 99 | notice of motion (3) Docket Text: NOTICE of Motion by Peter John Kocoras for presentment of motion for leave to file[98] before Honorable Young B. Kim on 11/22/2019 at 11:00 AM. (Kocoras, Peter) |
| Nov 15, 2019 | 101 | Main Document (17) Docket Text: MEMORANDUM by Biery Cheese, Co., EB Snacks, LLC, Emmi Roth USA, Inc. in Opposition to motion to compel, [96] (Attachments: # (1) Exhibit 1. - Declaration of Jon Rohloff, # (2) Exhibit 2. - Excerpt from Plaintiffs' Privilege Log, # (3) Exhibit 3. - Exerpt from Sep. 17, 2019 Letter (Redacted))(Kocoras, Peter) |
| Nov 15, 2019 | 101 | Exhibit 1. - Declaration of Jon Rohloff (3) |
| Nov 15, 2019 | 101 | Exhibit 2. - Excerpt from Plaintiffs' Privilege Log (2) |
| Nov 15, 2019 | 101 | Exhibit 3. - Exerpt from Sep. 17, 2019 Letter (Redacted) (2) |
| Nov 15, 2019 | 102 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Defendants' unopposed motion for leave to file under seal [98] is granted. Appearance on November 22, 2019, is not required to present this motion. Mailed notice (Kim, Young) |
| Nov 7, 2019 | 97 | order on motion to seal (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for leave to file under seal [93] is granted. Appearance on November 12, 2019, is not required. Mailed notice (ma,) |
| Nov 6, 2019 | 93 | motion to seal (3) Docket Text: MOTION by Counter Defendants Bel Brands USA, Inc., Bel Brands USA, Inc., Fromageries Bel S.A., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to seal motion to compel (Baron, Steven) |
| Nov 6, 2019 | 94 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion to seal[93] before Honorable Young B. Kim on 11/12/2019 at 11:00 AM. (Baron, Steven) |
| Nov 6, 2019 | 96 | Main Document (15) Docket Text: MOTION by Counter Defendants Bel Brands USA, Inc., Bel Brands USA, Inc., Fromageries Bel S.A., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to compel and Exs. A-P REDACTED (Attachments: # (1) Exhibit A-P)(Baron, Steven) |
| Nov 6, 2019 | 96 | Exhibit A-P (20) |
| Oct 30, 2019 | 91 | Main Document (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The parties are directed to file a joint status report by 11/22/2019. The Court will hold a status hearing in open court on 12/4/2019 at 9:45 a.m. (Attachments: # (1) Reassignment Status Report) (rao, ) |
| Oct 30, 2019 | 91 | Reassignment Status Report (2) |
| Oct 30, 2019 | 92 | text entry (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties reported to the court that they are still working towards resolving their outstanding discovery issues. At the parties' request, the briefing schedule for the parties' motions to compel is stricken and reset as follows: (1) motions to compel to be filed by November 6, 2019; (2) responses to the motions, if timely filed, are due by November 16, 2019; and (3) replies thereto are due by November 26, 2019. Mailed notice (ma,) |
| Oct 8, 2019 | 90 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties reported to the court that they identified written discovery issues and are working towards resolving them. At the parties' request, the status hearing scheduled for October 10, 2019, is cancelled. If the parties are not able to resolve their written discovery issues, they are to file their motion to compel by October 30, 2019. Responses to the motions, if timely filed, are due by November 13, 2019, and replies thereto are due by November 20, 2019. Mailed notice (ma,) |
| Sep 17, 2019 | 89 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held. Parties reported that they have completed their production of discovery materials and privilege logs. They are now in the process of reviewing each side's discovery production. A status hearing is scheduled for October 10, 2019, at 10:30 a.m. by phone to discuss whether there are any issues with the parties' production and whether motions are necessary to resolve those issues. The conference call number is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) |
| Aug 29, 2019 | 88 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Status hearing set before Judge Gettleman on 2/13/2020 is stricken. Mailed notice (cn). |
| Aug 23, 2019 | 87 | assigning/reassigning Case (11) Docket Text: EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0025 Pursuant that to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Martha M. Pacold; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Martha M. Pacold; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Martha M. Pacolds webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts criminal case assignment system thirty days from the entry of this Order so that she shall receive a full share of such cases. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/23/2019.(aee, ) |
| Aug 7, 2019 | 86 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held. Parties reported that they are making progress to reduce the number of emails and attachments for review. Defendant Emmi Roth has until August 30, 2019, to supplement its ESI production. Emmi also has until September 13, 2019, to provide a privilege log if any responsive emails and or attachments have been withheld. A status hearing is scheduled for September 17, 2019, at 11:00 a.m. in courtroom 1019 for an update on the status of ESI and to discuss the number of depositions the parties anticipate taking. Mailed notice (ma,) |
| Aug 5, 2019 | 85 | notice of change of address (1) Docket Text: NOTICE by Steven L Baron of Change of Address (Baron, Steven) |
| Jul 28, 2019 | 84 | text entry (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: The court will set additional discovery deadlines at the next status hearing. Parties should be focused on wrapping up written discovery. Also, the court does not recall setting fact discovery deadline to be September 27, 2019, as Plaintiff asserts in the most recent status report. Although the assigned District Judge extended the discovery deadline (which includes expert discovery) to end on February 13, 2020, (R. 51), a fact discovery deadline has not been set. Mailed notice (Kim, Young) |
| Jul 26, 2019 | 83 | status report (5) Docket Text: STATUS Report on Discovery (Joint) by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Jul 23, 2019 | 82 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties reported to the court by email today that they have agreed on a sublist of search terms for a more exact hit count. In light of this report, tomorrow's status hearing is rescheduled for August 7, 2019, at 11:00 a.m. in courtroom 1019. Parties are to file a joint status report by July 26, 2019, detailing the agreement. Mailed notice (Kim, Young) |
| Jul 19, 2019 | 81 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to July 24, 2019, at 10:30 a.m. by phone. Parties are to use the same call-in information. As mentioned during the status hearing on July 17, 2019, Plaintiffs are seeking to have Defendant Emmi to provide a hit report that includes the number of hits for each of the eight custodians and for each of the 14 search terms. Emmi's Network Administrator has advised the court that it is possible to generate such a report. However, Emmi prefers not to use resources for providing a hit report for certain of the 14 search terms. Emmi is ordered to identify the search terms a separate hit report for each custodian would be helpful to ESI search by email to the court and to Plaintiffs by July 22, 2019. Plaintiffs are to then identify other search terms they wish to have included by email to the court and to Emmi by July 23, 2019. The court urges the parties confer and agree to a sublist of search terms for a more exact hit report if possible. Mailed notice (ma,) |
| Jul 17, 2019 | 80 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held. Defendant Emmi is ordered to include the following terms in its proposed ESI search: (1) "net" or "net" w/5 "bag" or "bags"; (2) "workaround"; and (3) "MBB". Emmi is also ordered to provide Plaintiffs with the search hit report discussed today by July 29, 2019. A status hearing is scheduled for July 19, 2019, at 2:00 p.m. by phone. The conference call number is (877) 336-1839 and the passcode is 4333213. The court orders Emmi's Network Administrator, Jon Rohloff, to appear by phone for this status hearing. From this court's perspective, securing the hit count for each search term may be useful to identify other terms to be used in conjunction with the original search term to reduce the universe, but the hit count for each term for each custodian may not be meaningful. If the parties are able to resolve the information to be included in the hit report prior to the next status hearing, they are to email the court as soon as possible. Mailed notice (ma,) |
| Jul 16, 2019 | 77 | text entry (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Tomorrow's status hearing will be held at 11:00 a.m. in courtroom 1019. If Plaintiffs wish to file a response to Defendant Emmi's July 9, 2019 status report, they may do so. They may also file exhibits under seal if they are confidential documents. Mailed notice (ma,) |
| Jul 16, 2019 | 78 | Main Document (6) Docket Text: RESPONSE by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to status report[75] (Attachments: # (1) Appendix (Filed Under Seal))(Baron, Steven) |
| Jul 16, 2019 | 78 | Appendix (Filed Under Seal) (1) |
| Jul 11, 2019 | 76 | transcript (26) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 04-29-2019 before the Honorable Young B. Kim. Order Number: 34580. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 8/1/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/9/2019. (Warren, Pamela) |
| Jul 9, 2019 | 75 | status report (19) Docket Text: STATUS Report on the Collection and Production of Electronically Stored Information by Emmi Roth USA, Inc. (Jenike-Godshalk, Jesse) |
| Jun 27, 2019 | 74 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to July 17, 2019, at 10:30 a.m. by phone. Parties are to use the same call-in information. Plaintiffs reported that they have produced their privilege log in a timely manner, and that they are willing to provide to Defendants additional information about the individuals identified in their log. Plaintiffs are to complete this supplemental disclosure to Defendants by July 9, 2019. Emmi reported that it has provided further clarification on its ESI collection and production. However, based on the discussion held today, the court requires Emmi to submit a status report by July 9, 2019, including the following information: (1) specific steps Emmi and its attorneys took to collect and to produce ESI responsive to Plaintiffs' discovery requests; (2) directions, if any, provided to each custodian charged with collecting ESI using key words; (3) directions, if any, given to each custodian on screening for responsiveness or relevance to the discovery requests; and (4) confirmation from each custodian whether they screened the collected emails for responsiveness or relevance and, if so: (a) specify the factors or procedure they used to screen the emails; and (b) confirm whether they withheld emails as a result of such screening. Mailed notice (ma,) |
| Jun 6, 2019 | 73 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to June 27, 2019, at 10:30 a.m. by phone. Parties are to use the same call-in information. Plaintiffs reported that they have produced the unique cheese emails to Defendant Emmi Roth on June 4, 2019. Plaintiffs also reported that they asked for additional clarification from Emmi whether each custodian actually used all of the search terms when searching for responsive ESI. Emmi reported that it is still waiting on Plaintiffs' privilege log. Defendant Emmi has until June 7, 2019, to confirm whether the relevant custodians used all of the search terms when searching for responsive ESI. Plaintiffs are ordered to produce their privilege log to Defendants by June 18, 2019. As stated during the status hearing, those emails that were exchanged between Plaintiffs and Plaintiffs' outside attorneys may be grouped together and described generally on the privilege log by the names of people (and their titles) sending and receiving and a range of dates covering these communications, instead of identifying each email separately on the log. Mailed notice (ma,) |
| May 16, 2019 | 71 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Attorney Jess M. Collen's motion to appear pro hac vice [69] is granted. Mailed notice (cn). |
| May 16, 2019 | 72 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to June 6, 2019, at 10:30 a.m. by phone. Parties are to use the same call-in information. Plaintiffs reported that they have complied with the court's order of April 29, 2019, ("Order") and are now in the process of reviewing the unique cheese emails for responsiveness and privilege for production. Defendant Emmi Roth also reported that it has complied with the Order. Plaintiffs expressed concerns that Emmi's explanation of the ESI protocol needs clarification. Parties are to comply with the following: (1) Plaintiffs are to detail their concerns about Emmi's explanation of its ESI protocol by May 20, 2019; (2) Emmi is to provide clarification to Plaintiffs by May 23, 2019; and (3) Plaintiffs are to produce the responsive unique cheese emails and attachments thereto to Emmi by June 4, 2019. Mailed notice (Kim, Young) |
| May 15, 2019 | 68 | Main Document (3) Docket Text: Letter Regarding Discovery Issues by Emmi Roth USA, Inc. (Attachments: # (1) Exhibit 1 - Email, # (2) Exhibit 2 - Letter, # (3) Exhibit 3 - Email, # (4) Exhibit 4 - Email, # (5) Exhibit 5 - Email)(Shufflebarger, Carrie) |
| May 15, 2019 | 68 | Exhibit 1 - Email (2) |
| May 15, 2019 | 68 | Exhibit 2 - Letter (5) |
| May 15, 2019 | 68 | Exhibit 3 - Email (2) |
| May 15, 2019 | 68 | Exhibit 4 - Email (5) |
| May 15, 2019 | 68 | Exhibit 5 - Email (5) |
| May 15, 2019 | 69 | motion to appear pro hac vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15829471. (Collen, Jess) |
| May 15, 2019 | 70 | notice of change of address (1) Docket Text: NOTICE by Peter John Kocoras of Change of Address (Kocoras, Peter) |
| Apr 29, 2019 | 67 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to May 16, 2019, at 2:00 p.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Plaintiffs are ordered to comply with the following by May 3, 2019: (1) perform an analysis to determine the number of unique emails, and communicate the same to Defendants, reflecting only the names of Defendant Emmi Roth and/or Emmi Roth's brand names such as "Jack Snack" and one or more of the following ("unique cheese emails"): (a) mozzarella; (b) gouda; and (c) cheddar; and (2) produce all other responsive documents not already tendered to Emmi Roth. Emmi Roth is ordered to comply with the following by May 6, 2019: (3) provide new search terms to Plaintiffs to be run on the unique cheese emails; and (4) communicate to Plaintiffs the search terms it used, custodians or accounts it searched, and the time period covered by its ESI searched. The purpose of the next status hearing is to discuss the number of unique cheese emails remaining after running the second group of search terms and whether the parties need to engage in motion practice to resolve outstanding written discovery issues. Mailed notice (ma,) |
| Apr 22, 2019 | 66 | Main Document (2) Docket Text: EXHIBIT by Defendants Biery Cheese, Co., EB Snacks, LLC, Emmi Roth USA, Inc. Exhibit A - to Joint Status Report regarding status report[65] (Attachments: # (1) Exhibit B - to Joint Status Report, # (2) Exhibit C - to Joint Status Report)(Kocoras, Peter) |
| Apr 22, 2019 | 66 | Exhibit B - to Joint Status Report (5) |
| Apr 22, 2019 | 66 | Exhibit C - to Joint Status Report (4) |
| Apr 19, 2019 | 65 | status report (11) Docket Text: STATUS Report Joint Status Report on Discovery by Biery Cheese, Co., EB Snacks, LLC, Emmi Roth USA, Inc. (Kocoras, Peter) |
| Apr 12, 2019 | 64 | text entry (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: At the parties' request, the status hearing scheduled for April 24, 2019, is rescheduled for April 29, 2019, at 11:00 a.m. in courtroom 1019. Mailed notice (ma,) |
| Apr 1, 2019 | 62 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for entry of stipulated protective order [53] is granted. Appearance is not necessary on April 4, 2019, to present this motion. Enter Agreed Confidentiality Order. Mailed notice (ma,) |
| Apr 1, 2019 | 63 | protective order (17) Docket Text: AGREED CONFIDENTIALITY Order Signed by the Honorable Young B. Kim on 4/1/2019. (ma,) |
| Mar 30, 2019 | 61 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties' joint motion to reschedule status hearing [57] is granted. Appearance on April 2, 2019, is not required to present this motion. The parties now have until April 19, 2019, to file a joint status report identifying each side's written discovery issues along with the relevant written discovery responses as exhibits. If the parties do not have any disputed written discovery issues, a status report is not required. The status hearing scheduled for April 3, 2019, is rescheduled for April 24, 2019, at 11:00 a.m. in courtroom 1019 to discuss the written discovery issues identified. Mailed notice (Kim, Young) |
| Mar 28, 2019 | 57 | motion for miscellaneous relief (4) Docket Text: MOTION by Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A., Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A. JOINT MOTION TO ADJOURN STATUS HEARING (Baron, Steven) |
| Mar 28, 2019 | 58 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion for miscellaneous relief[57] before Honorable Young B. Kim on 4/2/2019 at 11:00 AM. (Baron, Steven) |
| Mar 28, 2019 | 59 | status report (4) Docket Text: STATUS Report JOINT STATUS REPORT ON DISCOVERY by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Mar 28, 2019 | 60 | notice of motion (3) Docket Text: AMENDED NOTICE of Motion by Steven L Baron for presentment of motion for protective order, [53] before Honorable Young B. Kim on 4/2/2019 at 11:00 AM. (Baron, Steven) |
| Mar 26, 2019 | 56 | status hearing (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Status hearing held on 3/26/2019. Status hearing remains set for 2/13/2020 at 9:00 a.m. Mailed notice (cn). |
| Mar 21, 2019 | 55 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion for protective order, [53] before Honorable Young B. Kim on 4/4/2019 at 11:00 AM. (Baron, Steven) |
| Mar 20, 2019 | 53 | Main Document (3) Docket Text: MOTION by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. for protective order JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER (Attachments: # (1) Exhibit 1)(Baron, Steven) |
| Mar 20, 2019 | 53 | Exhibit 1 (16) |
| Mar 20, 2019 | 54 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion for protective order, [53] before Honorable Robert W. Gettleman on 3/26/2019 at 09:00 AM. (Baron, Steven) |
| Mar 14, 2019 | 52 | answer to counterclaim (30) Docket Text: ANSWER to counterclaim by Bel Brands USA, Inc., Fromageries Bel S.A.(Baron, Steven) |
| Mar 13, 2019 | 51 | order on motion to reset (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: The parties' joint motion to reset discovery cutoff date [49] is granted. Discovery is ordered closed by 2/13/2020. Status hearing set for 11/14/2019 is stricken and reset to 2/13/2020 at 9:00 a.m. Mailed notice (cn). |
| Mar 7, 2019 | 49 | motion to reset (4) Docket Text: MOTION by Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to reset Discovery Cutoff Date JOINT MOTION (Baron, Steven) |
| Mar 7, 2019 | 50 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion to reset[49] before Honorable Robert W. Gettleman on 3/13/2019 at 09:15 AM. (Baron, Steven) |
| Feb 21, 2019 | 46 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Biery Cheese, Co. (Kocoras, Peter) |
| Feb 21, 2019 | 47 | notification of affiliates pursuant to local rule 3.2 (3) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by EB Snacks, LLC (Kocoras, Peter) |
| Feb 21, 2019 | 48 | answer to amended complaint (30) Docket Text: ANSWER to amended complaint , COUNTERCLAIM filed by Biery Cheese, Co., Emmi Roth USA, Inc., EB Snacks, LLC against Bel Brands USA, Inc., Fromageries Bel S.A. . by Biery Cheese, Co., Emmi Roth USA, Inc., EB Snacks, LLC(Kocoras, Peter) |
| Feb 15, 2019 | 45 | order on motion to reset (1) Docket Text: MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for extension [[41]. [43]] is granted. Appearance on February 19, 2019, is not required to present this motion. (Parties are urged to check the court's website before noticing a motion.) Parties are ordered to adhere to the following amended written discovery schedule: (1) serve answers to written discovery requests by March 12, 2019; (2) confer about the adequacy of the discovery responses by March 22, 2019; and (3) file a joint status report identifying each side's written discovery issues along with the relevant written discovery responses as exhibits by March 29, 2019. If the parties do not have any disputed written discovery issues, a status report is not required. The status hearing scheduled for March 13, 2019, is rescheduled for April 3, 2019, at 11:00 a.m. in courtroom 1019 to discuss the written discovery issues identified. Mailed notice (ma,) |
| Feb 14, 2019 | 41 | motion to reset (4) Docket Text: MOTION by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to reset Discovery Schedule (Baron, Steven) |
| Feb 14, 2019 | 42 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion to reset[41] before Honorable Robert W. Gettleman on 3/7/2019 at 09:15 AM. (Baron, Steven) |
| Feb 14, 2019 | 43 | motion to reset (4) Docket Text: MOTION by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to reset Discovery Schedule (Baron, Steven) |
| Feb 14, 2019 | 44 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion to reset[43] before Honorable Young B. Kim on 2/19/2019 at 11:00 AM. (Baron, Steven) |
| Feb 12, 2019 | 39 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Biery Cheese, Co., EB Snacks, LLC by Carrie Shufflebarger (Shufflebarger, Carrie) |
| Feb 12, 2019 | 40 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Biery Cheese, Co., EB Snacks, LLC by Jesse Leigh Jenike-Godshalk (Jenike-Godshalk, Jesse) |
| Feb 11, 2019 | 38 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Biery Cheese, Co., EB Snacks, LLC by Peter John Kocoras (Kocoras, Peter) |
| Feb 7, 2019 | 36 | Main Document (17) Docket Text: FIRST AMENDED complaint by Fromageries Bel S.A., Bel Brands USA, Inc. against Emmi Roth USA, Inc., Biery Cheese, Co., EB Snacks, LLC (Attachments: # (1) Exhibit A)(Baron, Steven) |
| Feb 7, 2019 | 36 | Exhibit A (5) |
| Feb 7, 2019 | 37 | Order on Motion to Dismiss for Failure to State a Claim (3) Docket Text: ORDER: For the reasons described in the Court's Order, plaintiffs' motion to dismiss in part [Doc. [23]] is denied. Plaintiffs are ordered to answer the counterclaim on or before March 21, 2019. This matter remains set for a report on status on March 26, 2019. Signed by the Honorable Robert W. Gettleman on 2/7/2019. Mailed notice (cn). |
| Feb 6, 2019 | 35 | order on motion to amend/correct (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion to amend the complaint [32] is granted by agreement. Mailed notice (cn). |
| Jan 28, 2019 | 32 | Main Document (3) Docket Text: MOTION by Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to amend/correct Amend the Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Baron, Steven) |
| Jan 28, 2019 | 32 | Exhibit A (23) |
| Jan 28, 2019 | 32 | Exhibit B (25) |
| Jan 28, 2019 | 33 | memorandum in support of motion (4) Docket Text: MEMORANDUM by Bel Brands USA, Inc., Fromageries Bel S.A. in support of motion to amend/correct[32] Amend the Complaint (Baron, Steven) |
| Jan 28, 2019 | 34 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of motion to amend/correct[32] before Honorable Robert W. Gettleman on 2/6/2019 at 09:15 AM. (Baron, Steven) |
| Jan 16, 2019 | 31 | reply (10) Docket Text: REPLY by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. to Motion to Dismiss for Failure to State a Claim, [23] (Baron, Steven) |
| Jan 4, 2019 | 30 | response in opposition to motion (9) Docket Text: RESPONSE by Emmi Roth USA, Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. Plaintiffs' Motion To Dismiss, In Part, Defendant's Second And Third C[23] (Kocoras, Peter) |
| Dec 20, 2018 | 27 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Status and motion hearing held on 12/20/2018. Attorney Michael Nesheiwat's motion for leave to appear pro hac vice [26] is granted. Defendant's response to Plaintiffs' motion [23] to dismiss, in part, defendant's second and third counterclaims due by 1/4/2019, reply due 1/16/2019. Status hearing for ruling set for 3/26/2019 at 9:00 a.m. Discovery ordered closed by 11/14/2019. Status hearing following end of discovery set for 11/14/2019 at 9:00 a.m. Mailed notice (cn). |
| Dec 20, 2018 | 28 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision and settlement. (cn) Mailed notice. |
| Dec 20, 2018 | 29 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Young B. Kim:Parties are ordered to adhere to the following written discovery schedule: (1) exchange Rule 26(a)(1) disclosures by January 11, 2019; (2) serve written discovery requests by January 18, 2019; (3) serve answers to written discovery requests by February 18, 2019; and (4) confer about the adequacy of the discovery responses by March 1, 2019. The court will not consider general objections to written discovery requests if the court must address and rule on written discovery disputes. Parties are to file a joint status report identifying each side's written discovery issues, if any, along with the relevant written discovery responses as exhibits by March 8, 2019. If the parties do not have any disputed written discovery issues, a status report is not required. A status hearing is scheduled for March 13, 2019, at 11:00 a.m. in courtroom 1019 to discuss the written discovery issues identified and anticipated oral discovery.Mailed notice (lxs, ) |
| Dec 18, 2018 | 26 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15289223. (Nesheiwat, Michael) |
| Dec 12, 2018 | 22 | statement (1) Docket Text: Joint Statement Regarding Participation in the Voluntary Mediation Program for Lanham Act Cases STATEMENT by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Dec 12, 2018 | 23 | Motion to Dismiss for Failure to State a Claim (4) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendants Bel Brands USA, Inc., Fromageries Bel S.A., Plaintiffs Bel Brands USA, Inc., Fromageries Bel S.A. Plaintiffs' Motion To Dismiss, In Part, Defendant's Second And Third Counterclaims (Baron, Steven) |
| Dec 12, 2018 | 24 | Main Document (12) Docket Text: MEMORANDUM by Bel Brands USA, Inc., Fromageries Bel S.A. in support of Motion to Dismiss for Failure to State a Claim, [23] (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Baron, Steven) |
| Dec 12, 2018 | 24 | Exhibit A (21) |
| Dec 12, 2018 | 24 | Exhibit B (17) |
| Dec 12, 2018 | 25 | notice of motion (3) Docket Text: NOTICE of Motion by Steven L Baron for presentment of Motion to Dismiss for Failure to State a Claim, [23] before Honorable Robert W. Gettleman on 12/20/2018 at 09:15 AM. (Baron, Steven) |
| Dec 11, 2018 | 21 | status report (6) Docket Text: STATUS Report JOINTLY SUBMITTED BY THE PARTIES by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Nov 29, 2018 | 20 | notification of affiliates pursuant to local rule 3.2 (3) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bel Brands USA, Inc., Fromageries Bel S.A. (Baron, Steven) |
| Nov 26, 2018 | 19 | other (2) Docket Text: Notice of Claims Involving Trademarks by Emmi Roth USA, Inc. (Kocoras, Peter) |
| Nov 21, 2018 | 15 | answer to complaint (30) Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Emmi Roth USA, Inc. against Bel Brands USA, Inc., Fromageries Bel S.A. . by Emmi Roth USA, Inc.(Kocoras, Peter) |
| Nov 21, 2018 | 16 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emmi Roth USA, Inc. (Kocoras, Peter) |
| Nov 21, 2018 | 17 | certificate (2) Docket Text: CERTIFICATE of Notice of Mediation Program (Kocoras, Peter) |
| Nov 21, 2018 | 18 | order (3) Docket Text: ORDER: A joint status report is to be filed and a courtesy copy delivered to the court by 12/12/2018. Status hearing set for 12/20/2018 at 9:00 a.m. Signed by the Honorable Robert W. Gettleman on 11/21/2018. Mailed notice (cn). |
| Nov 20, 2018 | 14 | certificate (3) Docket Text: CERTIFICATE of Notice of Mediation Program (Baron, Steven) |
| Nov 19, 2018 | 13 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Attorneys Carrie Shufflebarger [11] and Jesse Jenike-Godshalk's [12] motions for leave to appear pro hac vice are granted. Mailed notice (cn). |
| Nov 14, 2018 | 11 | Main Document (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15176118. (Attachments: # (1) Appendix List of Bar Admissions)(Shufflebarger, Carrie) |
| Nov 14, 2018 | 11 | Appendix List of Bar Admissions (1) |
| Nov 14, 2018 | 12 | Main Document (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15176834. (Attachments: # (1) Annex)(Jenike-Godshalk, Jesse) |
| Nov 14, 2018 | 12 | Annex (1) |
| Nov 8, 2018 | 8 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15159200. (Lindenbaum, Jeffrey) |
| Nov 8, 2018 | 9 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Robert W. Gettleman: Attorney Jeffrey Lindenbaum's motion to appear pro hac vice [8] is granted. Mailed notice (cn). |
| Nov 8, 2018 | 10 | Main Document (2) Docket Text: ATTORNEY Appearance for Defendant Emmi Roth USA, Inc. by Peter John Kocoras (Attachments: # (1) Exhibit Attorney Appearance Form)(Kocoras, Peter) |
| Nov 8, 2018 | 10 | Exhibit Attorney Appearance Form (1) |
| Nov 7, 2018 | 7 | Main Document (3) Docket Text: SUMMONS Returned Executed by Fromageries Bel S.A., Bel Brands USA, Inc. as to Emmi Roth USA, Inc. on 11/1/2018, answer due 11/23/2018. (Attachments: # (1) Affidavit)(Baron, Steven) |
| Nov 7, 2018 | 7 | Affidavit (1) |
| Oct 31, 2018 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant Emmi Roth USA, Inc. (jjr, ) |
| Oct 31, 2018 | N/A | alias summons issued (0) Docket Text: ALIAS Summons Issued as to Defendant Emmi Roth USA, Inc.. (pj, ) |
| Oct 30, 2018 | 5 | Main Document (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Registration Numbers) (tt, ) |
| Oct 30, 2018 | 5 | Registration Numbers (4) |
| Oct 30, 2018 | 6 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (tt, ) |
| Oct 29, 2018 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (rc, ) |
| Oct 29, 2018 | 1 | Main Document (17) Docket Text: COMPLAINT filed by FROMAGERIES BEL S.A., BEL BRANDS USA, INC.; Jury Demand. Filing fee $ 400, receipt number 0752-15116588. (Attachments: # (1) Exhibit A)(Baron, Steven) |
| Oct 29, 2018 | 1 | Exhibit A (5) |
| Oct 29, 2018 | 2 | civil cover sheet (2) Docket Text: CIVIL Cover Sheet (Baron, Steven) |
| Oct 29, 2018 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs BEL BRANDS USA, INC., FROMAGERIES BEL S.A. by Steven L Baron (Baron, Steven) |
| Oct 29, 2018 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs BEL BRANDS USA, INC., FROMAGERIES BEL S.A. by George V. Desh (Desh, George) |
