Case number 2:20-cv-18718
HOTALING & CO., LLC et al v. BERRY SOLUTIONS INC. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 2, 2023 | 90 | TEXT ORDER: The Court will reschedule the 3/23/23 conference to 3/27/23 at 10:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 3/2/23. (tjg, ) (Entered: 03/02/2023) (0) |
| Feb 23, 2023 | 89 | TEXT ORDER: The Court will reschedule the 3/1/23 conference to 3/23/23 at 1pm. So Ordered by Magistrate Judge Cathy L. Waldor on 2/23/23. (tjg, ) (Entered: 02/23/2023) (0) |
| Jan 31, 2023 | 88 | TEXT ORDER: The Court has reviewed Plaintiff/Counterclaim Defendants 1/30/23 letter (ECF No. 87). For good cause shown, the Court extends the fact discovery deadline to 3/1/23. The parties shall work in good faith to schedule and complete Defendants/Counterclaim Plaintiffs depositions before that date. The Court will address the possible need for a further fact discovery extension on the conference scheduled for 3/1/23.. So Ordered by Magistrate Judge Cathy L. Waldor on 1/31/23. (tjg, ) (Entered: 01/31/2023) (0) |
| Jan 30, 2023 | 87 | Letter from Elizabeth A. Carbone, Esq. requesting conference re 86 Order,. (CARBONE, ELIZABETH) (Entered: 01/30/2023) (2) |
| Dec 15, 2022 | 86 | TEXT ORDER: For good cause shown, the Court grants the parties request to extend the fact discovery deadline to 1/31/23. The conference previously scheduled for 1/12/23 will be adjourned to 3/1/23 at 10:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 12/15/22. (tjg, ) (Entered: 12/15/2022) (0) |
| Dec 14, 2022 | 85 | Letter from Alexander Noble, Esq, to Hon. Cathy L. Waldor, USMJ dated 12/14/22 requesting on consent (i) an extension of the current 12/14/22 deadline to complete fact discovery, until 1/31/23 to permit the parties' time to complete two remaining depositions; and (2) a corresponding adjournment of the 1/23/23 status conference until a date after fact discovery has concluded. re 81 Order,. (NOBLE, ALEXANDER) (Entered: 12/14/2022) (1) |
| Nov 30, 2022 | 84 | Transcript of Oral Argument held on November 22, 2022, before Judge Katharine S. Hayden. Court Reporter: Sara Killian (973-776-3885). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter Agency due, but not filed, by 12/21/2022. Redacted Transcript Deadline set for 1/1/2023. Release of Transcript Restriction set for 2/28/2023. (mfr) (Entered: 11/30/2022) (0) |
| Nov 23, 2022 | 83 | ORDER GRANTING Girolamo's 45 Motion to Dismiss and DENYING Defendants' 52 Cross-Motion to Amend. Signed by Judge Katharine S. Hayden on 11/23/2022. (wh) (Entered: 11/23/2022) (1) |
| Nov 22, 2022 | 82 | Minute Entry for proceedings held before Judge Katharine S. Hayden: Motion Hearing held on 11/22/2022 re 45 MOTION to Dismiss COUNTERCLAIMS filed by GIROLAMO LUXARDO S.P.A, 52 Cross MOTION to Amend/Correct 51 Memorandum in Opposition of Motion - Notice of Cross Motion to Add Girolamo Luxardo S.p.A. as a Party filed by BERRY SOLUTIONS INC., EMC GROUP INC. (Court Reporter, Sara Killian (973-776-3885)) (cm, ) (Entered: 11/22/2022) (1) |
| Nov 15, 2022 | 81 | TEXT ORDER: For good cause shown, the Court grants the parties request to extend the deadlines for completing depositions, resolve discovery disputes that arise or remain following depositions, and for completion of fact discovery to December 14, 2022. The Court will adjourn the conference previously scheduled for 11/17/22 to 1/12/23 at 10:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 11/15/22. (tjg, ) (Entered: 11/15/2022) (0) |
| Nov 14, 2022 | 80 | Letter from Alexander Noble to Hon. Cathy L. Waldor, USMJ dated 11/14/2022 requesting on consent (i) a 30-day extension of the November 14, 2022 deadline to complete depositions and resolve discovery disputes that arise or remain following depositions; and (ii) an adjournment of the conference scheduled for November 17, 2022 until after the parties complete discovery. (NOBLE, ALEXANDER) (Entered: 11/14/2022) (1) |
| Nov 9, 2022 | 79 | Letter from Mark Berkowitz, Esq. re 76 Order,, Set Hearings,. (BERKOWITZ, MARK) (Entered: 11/09/2022) (1) |
| Nov 8, 2022 | 77 | Letter from Alexander Noble, Esq. to Judge Hayden dated 11/8/2022 confirming that Kathleen McCarthy and Alexander Noble will attend the oral argument on November 22, 2022 at 2:00 p.m. via Zoom as counsel for Hotaling and GLS re 76 Order,, Set Hearings,. (NOBLE, ALEXANDER) (Entered: 11/08/2022) (1) |
| Nov 8, 2022 | 78 | Letter from Elizabeth A. Carbone, Esq.. (CARBONE, ELIZABETH) (Entered: 11/08/2022) (1) |
| Nov 4, 2022 | 76 | TEXT ORDER: The Zoom Oral Argument set for 11/16/22 at 11:00 AM is rescheduled to 11/22/2022 at 02:00 PM before Judge Katharine S. Hayden. Counsel is to confirm their attendance via letter filed on the CM/ECF by no later than Tuesday, November 8, 2022 re 75 Letter. So Ordered by Judge Katharine S. Hayden on 11/4/22. (cm, ) (Entered: 11/04/2022) (0) |
| Nov 3, 2022 | 75 | Letter from Alexander Noble, Esq. to the Hon. Katharine S. Hayden, USDJ dated 11/3/22 regarding request on consent for an adjournment of the oral argument on the pending motion and cross-motions (DE 45 and 52) currently scheduled for November 16, 2022 at 11:00 a.m. via Zoom re 74 Order,, Set Hearings,. (NOBLE, ALEXANDER) (Entered: 11/03/2022) (1) |
| Nov 1, 2022 | 74 | TEXT ORDER: The Court will hold oral argument on the pending motions (D.E. 45, 52) on November 16, 2022 at 11:00 a.m. via Zoom. Counsel shall confirm their attendance via letter filed on CM/ECF by close of business on November 4, 2022. So Ordered by Judge Katharine S. Hayden on 11/1/22. (cm, ) (Entered: 11/01/2022) (0) |
| Oct 13, 2022 | 72 | ANSWER to Counterclaim by SANNITI LLC.(CARBONE, ELIZABETH) (Entered: 10/13/2022) (23) |
| Oct 13, 2022 | 73 | ANSWER to Counterclaim - Plaintiff/Counterclaim Defendant Hotaling & Co.'s Answer to Counterclaim with Separate Defenses by HOTALING & CO., LLC.(NOBLE, ALEXANDER) (Entered: 10/13/2022) (23) |
| Sep 29, 2022 | 70 | OPINION. Signed by Judge Katharine S. Hayden on 9/29/2022. (ld, ) (Entered: 09/29/2022) (16) |
| Sep 29, 2022 | 71 | ORDER granting in part and denying in part 31 Motion to Dismiss; The motion to dismiss the tortious interference with contract counterclaim is GRANTED and that claim is DISMISSED; The motion to dismiss the tortious interference with business relations and defamation counterclaims is DENIED; The motion to strike the first sale affirmative defense is DENIED. Signed by Judge Katharine S. Hayden on 9/29/2022. (ld, ) (Entered: 09/29/2022) (1) |
| Sep 26, 2022 | 69 | TEXT ORDER: Upon Defendants request, for good cause shown, and with Plaintiffs consent, the Court will adjourn the conference scheduled for 10/6/22 to 11/17/22 at 12pm and extends the deadline for completion of fact discovery to 11/14/22. So Ordered by Magistrate Judge Cathy L. Waldor on 9/26/22. (tjg, ) (Entered: 09/26/2022) (0) |
| Sep 23, 2022 | 68 | Letter from Mark Berkowitz re: Request for Adjournment of Conference and Extension of Time to Complete Depositions and Fact Discovery. (BERKOWITZ, MARK) (Entered: 09/23/2022) (1) |
| Aug 23, 2022 | 67 | TEXT ORDER: Plaintiff's request for the withdrawal of Allison H. Altersohn as counsel of record is granted. The Clerk's Office is directed to remove Ms. Altersohn from electronic noticing in this matter. So Ordered by Magistrate Judge Cathy L. Waldor on 8/23/22. (tjd) (Entered: 08/23/2022) (0) |
| Aug 22, 2022 | 65 | NOTICE of Appearance by ALEXANDER MACRAE NOBLE on behalf of GIROLAMO LUXARDO S.P.A, HOTALING & CO., LLC (NOBLE, ALEXANDER) (Entered: 08/22/2022) (1) |
| Aug 22, 2022 | 66 | Letter from Alexander M. Noble, Esq. to Magistrate Judge Cathy L. Waldor dated 8/22/2022 requesting approval of the withdrawal of Allison H. Altersohn as Hotaling's DNJ-admitted attorney in this action and substituting Alexander M. Noble as DNJ-admitted counsel.. (NOBLE, ALEXANDER) (Entered: 08/22/2022) (1) |
| Jul 6, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 7/6/2022. (tjg, ) |
| Jul 6, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Upon the completion of all paper discovery parties shall proceed with depositions. Fact end will be extended to September 30, 2022.Defendant shall answer interrogatory no. 17.Plaintiff will fully answer interrogatory 6 and document requests nos. 18 and 19, as well as Sanniti response to doc request No.16 with objection noted and a definition of counterfeit as it applies to the scope of the answer. The Court will hold a telephone conference, on 10/6/22 at 11am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 7/6/22. (tjg, ) |
| Jul 6, 2022 | 64 | TEXT ORDER: Upon the completion of all paper discovery parties shall proceed with depositions. Fact end will be extended to September 30, 2022.Defendant shall answer interrogatory no. 17.Plaintiff will fully answer interrogatory 6 and document requests nos. 18 and 19, as well as Sanniti response to doc request No.16 with objection noted and a definition of counterfeit as it applies to the scope of the answer. The Court will hold a telephone conference, on 10/6/22 at 11am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 7/6/22. (tjg, ) (Entered: 07/06/2022) (0) |
| Jul 1, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will conduct the telephone conference already scheduled for 7/6/22 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 7/1/2022. (tjd) |
| Jul 1, 2022 | 63 | TEXT ORDER: The Court will conduct the telephone conference already scheduled for 7/6/22 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 7/1/2022. (tjd) (Entered: 07/01/2022) (0) |
| Jun 27, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court has reviewed the parties 6/24/22 letter and will address the issues raised therein during the conference scheduled for 7/6/22. So Ordered by Magistrate Judge Cathy L. Waldor on 6/27/22. (tjg, ) |
| Jun 27, 2022 | 62 | TEXT ORDER: The Court has reviewed the parties 6/24/22 letter and will address the issues raised therein during the conference scheduled for 7/6/22. So Ordered by Magistrate Judge Cathy L. Waldor on 6/27/22. (tjg, ) (Entered: 06/27/2022) (0) |
| Jun 24, 2022 | 61 | Letter (24) Docket Text: Letter from Elizabeth A. Carbone, Esq. re: Discovery re [55] Letter. (CARBONE, ELIZABETH) |
| Jun 15, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Upon the parties request and for good cause shown, the 6/14 deadline for the parties to submit a letter listing unresolved discovery issues is extended to 6/24/22.. So Ordered by Magistrate Judge Cathy L. Waldor on 6/15/22. (tjg, ) |
| Jun 14, 2022 | 59 | Letter (1) Docket Text: Letter from Elizabeth A. Carbone, Esq. requesting an additional extension of the deadline to file a letter re [55] Letter. (CARBONE, ELIZABETH) |
| Jun 8, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Upon Plaintiffs request and for good cause shown, the 6/7 deadline for the parties to submit a letter listing unresolved discovery issues is extended, nunc pro tunc, to 6/14/22. The conference previously scheduled for 6/9/22 is adjourned to 7/6/22 at 3pm. So Ordered by Magistrate Judge Cathy L. Waldor on 6/8/22. (tjg, ) |
| Jun 7, 2022 | 57 | Letter (1) Docket Text: Letter from Elizabeth A. Carbone, Esq. requesting a one week adjournment of the June 7, 2022 deadline and a brief adjournment of the June 9, 2022 conference re [55] Letter. (CARBONE, ELIZABETH) |
| Jun 3, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court has reviewed the parties joint dispute letter (ECF No. 55). The Court directs the parties to continue to meet and confer in a good faith effort to narrow the items in dispute. Particularly in light of the timing of the communications concerning the issues raised in the letter and representations as to purportedly forthcoming revised discovery responses, the Court expects the parties to resolve many of the issues in dispute. By June 7, 2022, the parties shall submit a letter listing the unresolved issues requiring Court intervention. The Court will address such matters on the conference scheduled for June 9.. So Ordered by Magistrate Judge Cathy L. Waldor on 6/3/22. (tjg, ) |
| May 31, 2022 | 55 | Letter (30) Docket Text: Letter from All Parties Re: Discovery Disputes. (CARBONE, ELIZABETH) |
| Apr 25, 2022 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [52] Cross MOTION to Amend/Correct [51] Memorandum in Opposition of Motion - Notice of Cross Motion to Add Girolamo Luxardo S.p.A. as a Party. Motion set for 5/2/2022 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) |
| Apr 25, 2022 | 54 | Reply Brief to Opposition to Motion (21) Docket Text: REPLY BRIEF to Opposition to Motion filed by GIROLAMO LUXARDO S.P.A re [45] MOTION to Dismiss COUNTERCLAIMS, [52] Cross MOTION to Amend/Correct [51] Memorandum in Opposition of Motion - Notice of Cross Motion to Add Girolamo Luxardo S.p.A. as a Party- Reply Memorandum in Further Support of Girolamo Luxardo S.P.A.'s Motion to Dismiss Counterclaims"and Memorandum in Opposition To Defendants' Motion To Add Girolamo Luxardo S.P.A. as a Party (ALTERSOHN, ALLISON) |
| Apr 20, 2022 | 53 | Main Document (5) Docket Text: NOTICE by BERRY SOLUTIONS INC., EMC GROUP INC. re [33] Brief in Opposition to Motion Defendants' Notice of Supplemental Authority Regarding Plaintiffs' Partial Motion to Dismiss Certain Counterclaims and Strike an Affirmative Defense (Attachments: # (1) LYB Opinion)(BERKOWITZ, MARK) |
| Apr 20, 2022 | 53 | LYB Opinion (16) |
| Apr 18, 2022 | 51 | Memorandum in Opposition of Motion (30) Docket Text: MEMORANDUM in Opposition filed by BERRY SOLUTIONS INC., EMC GROUP INC. re [45] MOTION to Dismiss COUNTERCLAIMSand Cross Motion to Add Girolamo Luxardo S.p.A. as a Party (BERKOWITZ, MARK) |
| Apr 18, 2022 | 52 | Main Document (4) Docket Text: Cross MOTION to Amend/Correct [51] Memorandum in Opposition of Motion - Notice of Cross Motion to Add Girolamo Luxardo S.p.A. as a Party by BERRY SOLUTIONS INC., EMC GROUP INC.. (Attachments: # (1) Text of Proposed Order)(BERKOWITZ, MARK) |
| Apr 18, 2022 | 52 | Text of Proposed Order (2) |
| Apr 6, 2022 | 50 | Order (1) Docket Text: LETTER ORDER Regarding Counterclaims Against Luxardo; that to the extent Defendants seek to bring claims against Luxardo, their opposition to the Luxardo's motion to dismiss shall include a cross-motion to join Luxardo as a party;etc. Signed by Magistrate Judge Cathy L. Waldor on 4/6/2022. (ld, ) |
| Apr 5, 2022 | 49 | Status Report (2) Docket Text: STATUS REPORT Defendants' Status Letter Regarding Counterclaims Against Luxardo by BERRY SOLUTIONS INC., EMC GROUP INC.. (BERKOWITZ, MARK) |
| Apr 1, 2022 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Reset Deadlines as to [45] MOTION to Dismiss COUNTERCLAIMS. Motion reset for 5/2/2022 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Apr 1, 2022 | 48 | Order (1) Docket Text: LETTER ORDER granting an adjournment of the Motion return date to the next available motion day, May 2, 2022, and a corresponding additional fourteen (14) days to oppose the Motion, etc. Signed by Judge Katharine S. Hayden on 4/1/2022. (ld, ) Modified on 4/12/2022 (dam). |
| Mar 31, 2022 | 47 | Letter Rule 7.1 (1) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [45] MOTION to Dismiss COUNTERCLAIMS. (BERKOWITZ, MARK) |
| Mar 22, 2022 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [45] MOTION to Dismiss COUNTERCLAIMS. Motion set for 4/18/2022 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) |
| Mar 22, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 3/22/2022. (tjg, ) |
| Mar 22, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Defendant shall report in writing to the Court by April 5, 2020 the status of counter-claim as discussed and what if any appropriate remedy should occur. In the event Defendant chooses to amend the complaint, leave is granted to file a motion to amend with a good cause analysis (Rule 16, 15). Parties shall review Judge Haydens opinion DE 25 for guidance as well. The Court will hold a telephone conference, on 6/9/22 at 10:30am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/22/22. (tjg, ) |
| Mar 21, 2022 | 44 | Certified Mail Receipt Returned (2) Docket Text: International Mail Receipt Returned sent to GIROLAMO LUXARDO S.P.A (ld, ) |
| Mar 21, 2022 | 45 | Main Document (3) Docket Text: MOTION to Dismiss COUNTERCLAIMS by GIROLAMO LUXARDO S.P.A. Responses due by 4/4/2022 (Attachments: # (1) Memorandum of Law in Support of Motion To Dismiss, # (2) Declaration of Kathleen E. McCarthy in Support of Motion to Dismiss, # (3) Exhibit A- Covenant Not to Sue, # (4) Proposed Order)(ALTERSOHN, ALLISON) |
| Mar 21, 2022 | 45 | Memorandum of Law in Support of Motion To Dismiss (22) |
| Mar 21, 2022 | 45 | Declaration of Kathleen E. McCarthy in Support of Motion to Dismiss (5) |
| Mar 21, 2022 | 45 | Exhibit A- Covenant Not to Sue (3) |
| Mar 21, 2022 | 45 | Proposed Order (2) |
| Mar 18, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will conduct the telephone conference already scheduled for 3/22/22 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 3/18/2022. (tjd) |
| Mar 14, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will prepone the 5/11/22 conference to 3/22/22 at 11am. So Ordered by Magistrate Judge Cathy L. Waldor on 3/14/22. (tjg, ) |
| Mar 11, 2022 | 41 | Letter (1) Docket Text: Letter from Kathleen E. McCarthy, Esq. to Magistrate Judge Cathy L. Waldor dated 3/11/2022 advising the Court that counsel for all parties have agreed and stipulated that Luxardo waives service of process and has until March 21, 2022 to file its response to the claims asserted against Luxardo re [27] Answer to Complaint, Counterclaim. (ALTERSOHN, ALLISON) |
| Mar 4, 2022 | 40 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by ALLISON HOCH ALTERSOHN on behalf of GIROLAMO LUXARDO S.P.A, HOTALING & CO., LLC (ALTERSOHN, ALLISON) |
| Feb 8, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court adopts the parties proposed schedule: Fact discovery to be completed by May 31, 2022; Affirmative expert disclosures to be served by June 30, 2022; Responsive expert disclosures to be served by July 29, 2022; Expert depositions to be completed by August 31, 2022.. So Ordered by Magistrate Judge Cathy L. Waldor on 2/8/22. (tjg, ) |
| Feb 7, 2022 | 38 | Letter (1) Docket Text: Letter from Allison Altersohn, Esq. dated 2/7/2022 to Magistrate Judge Waldor regarding joint schedule for completion of fact and expert discovery re [36] Order,. (ALTERSOHN, ALLISON) |
| Jan 26, 2022 | 37 | Order (1) Docket Text: ORDER GRANTING EXTENSION OF TIME TO SERVE SUMMONS AND COUNTERCLAIMS ON GIROLAMO LUXARDO S.P.A.; that Counterclaimants shall have until April 2, 2022 to serve Luxardo with the Summons and Counterclaims.. Signed by Magistrate Judge Cathy L. Waldor on 1/26/2022. (ld, ) |
| Jan 24, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 1/24/2022. (tjg, ) |
| Jan 24, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Parties to meet and confer to submit revised scheduling order. Defendant to submit an order extending time to serve Italian entity. Parties will also discuss any deficiencies in an effort to resume robust discovery. The Court will hold a telephone conference, on 5/11/22 at 1:30pm. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 1/24/22. (tjg, ) |
| Jan 21, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will conduct the telephone conference already scheduled for 1/24/22 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 1/21/2022. (tjd) |
| Dec 27, 2021 | 34 | Reply Brief to Opposition to Motion (17) Docket Text: REPLY BRIEF to Opposition to Motion filed by HOTALING & CO., LLC, SANNITI LLC re [31] MOTION to Dismiss Certain Counterclaims and to Strike An Affirmative Defense (GOLD, DAVID) |
| Dec 20, 2021 | 33 | Brief in Opposition to Motion (29) Docket Text: BRIEF in Opposition filed by BERRY SOLUTIONS INC., EMC GROUP INC. re [31] MOTION to Dismiss Certain Counterclaims and to Strike An Affirmative Defense (BERKOWITZ, MARK) |
| Dec 15, 2021 | N/A | Remark (0) Docket Text: Receipt # NEW045897 for $35.73 re [32] Letter Requesting Foreign Service of Process (Postage) (dam, ) |
| Dec 7, 2021 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [31] MOTION to Dismiss Certain Counterclaims and to Strike An Affirmative Defense. Motion set for 1/3/2022 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) |
| Dec 7, 2021 | 31 | Main Document (3) Docket Text: MOTION to Dismiss Certain Counterclaims and to Strike An Affirmative Defense by HOTALING & CO., LLC, SANNITI LLC. (Attachments: # (1) Brief /Memorandum of Law in Support of Partial Motion to Dismiss Certain Counterclaims, # (2) Text of Proposed Order Granting Plaintiffs' Partial Motion to Dismiss Certain Counterclaims and to Strike an Affirmative Defense)(GOLD, DAVID) |
| Dec 7, 2021 | 31 | Brief /Memorandum of Law in Support of Partial Motion to Dismiss Certain Counter (20) |
| Dec 7, 2021 | 31 | Text of Proposed Order Granting Plaintiffs' Partial Motion to Dismiss Cert (2) |
| Dec 2, 2021 | 32 | Letter (1) Docket Text: Letter requesting Foreign Service of Process from Defendants BERRY SOLUTIONS INC. and EMC GROUP INC.. Answer, Affirmative Defenses, Counterclaims, and Summons sent to GIROLAMO LUXARDO S.P.A in Italy via Registered International Mail with Return Receipt under Tracking # RA259018846US. (dam, ) |
| Nov 30, 2021 | N/A | Update Answer Due Deadline (0) Docket Text: Clerk`s Text Order - The document [30] Application for Clerk's Order to Ext Answer/Proposed Order submitted by SANNITI LLC, HOTALING & CO., LLC has been GRANTED. The answer due date has been set for 12/7/2021. (ld, ) |
| Nov 22, 2021 | 30 | Application for Clerk's Order to Ext Answer/Proposed Order (3) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Answer and Counterclaim.. (GOLD, DAVID) |
| Nov 4, 2021 | 29 | Summons Issued (2) Docket Text: SUMMONS ISSUED as to GIROLAMO LUXARDO S.P.A. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) |
| Nov 3, 2021 | 28 | Summons - Request for Issue (2) Docket Text: Request for Summons to be Issued by BERRY SOLUTIONS INC., EMC GROUP INC. as to GIROLAMO LUXARDO S.P.A. (BERKOWITZ, MARK) |
| Nov 2, 2021 | 27 | Answer to Complaint (30) Docket Text: ANSWER to Complaint with JURY DEMAND , Affirmative Defenses, and, COUNTERCLAIM against HOTALING & CO., LLC, SANNITI LLC, GIROLAMO LUXARDO S.P.A by EMC GROUP INC., BERRY SOLUTIONS INC..(BERKOWITZ, MARK) |
| Oct 19, 2021 | 25 | Opinion (14) Docket Text: OPINION. Signed by Judge Katharine S. Hayden on 10/19/2021. (ld, ) |
| Oct 19, 2021 | 26 | Order on Motion to Dismiss (1) Docket Text: ORDER denying [10] Motion to Dismiss. Signed by Judge Katharine S. Hayden on 10/19/2021. (ld, ) |
| Sep 29, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 9/29/2021. (tjg, ) |
| Sep 29, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: Fact end- January 30, 2022Expert schedule to be revised on the next call, existing dates are stayed. The Court will hold a telephone conference, to be initiated by plaintiff, on 1/24/21 at 11am. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/29/21. (tjg, ) |
| Sep 24, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will conduct the telephone conference already scheduled for 9/29/21 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 9/24/2021. (tjd) |
| Aug 16, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: Per the parties' joint request, (ECF No. 21), the telephone conference scheduled for 8/25/21 is adjourned to 9/29/21 at 12:00 p.m. So Ordered by Magistrate Judge Cathy L. Waldor on 8/16/2021. (tjd) |
| Aug 13, 2021 | 21 | Letter (1) Docket Text: Letter from Mark Berkowitz requesting adjournment of August 25, 2021 Status Conference re [19] Scheduling Order,. (BERKOWITZ, MARK) |
| Jun 8, 2021 | 20 | Discovery Confidentiality Order (7) Docket Text: Discovery Confidentiality Order. Signed by Magistrate Judge Cathy L. Waldor on 6/8/2021. (ld, ) |
| Apr 21, 2021 | N/A | Pretrial Conference - Initial (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 4/21/2021. (tjg, ) |
| Apr 21, 2021 | 19 | Scheduling Order (3) Docket Text: PRETRIAL SCHEDULING ORDER: Telephone Conference set for 8/25/2021 11:30 AM before Magistrate Judge Cathy L. Waldor. Amended Pleadings due by 7/30/2021. Fact Discovery due by 10/1/2021. Joinder of Parties due by 7/30/2021.;etc. Signed by Magistrate Judge Cathy L. Waldor on 4/21/2021. (ld, ) |
| Apr 20, 2021 | N/A | Pro Hac Vice Fee Received (0) Docket Text: Pro Hac Vice fee for KATHLEEN E. MCCARTHY, ESQ: $ 150, receipt number NEW044492 (pm) |
| Apr 16, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will conduct the telephone conference scheduled for 4/21/21 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor 4/16/2021. (tjd) |
| Apr 12, 2021 | 17 | Reply to Response to Motion (22) Docket Text: REPLY to Response to Motion filed by BERRY SOLUTIONS INC., EMC GROUP INC. re [10] MOTION to Dismiss (BERKOWITZ, MARK) |
| Apr 5, 2021 | 15 | Memorandum in Opposition of Motion (28) Docket Text: MEMORANDUM in Opposition filed by HOTALING & CO., LLC, SANNITI LLC re [10] MOTION to Dismiss (ALTERSOHN, ALLISON) |
| Apr 5, 2021 | 16 | Order on Motion for Leave to Appear (3) Docket Text: ORDER granting [14] Motion for Leave to Appear Pro Hac Vice as to KATHLEEN E. MCCARTHY, ESQ.. Signed by Magistrate Judge Cathy L. Waldor on 4/5/2021. (ld, ) |
| Apr 1, 2021 | 14 | Main Document (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice for Kathleen E. McCarthy by HOTALING & CO., LLC. (Attachments: # (1) Declaration of Allison Altersohn in Support of Pro Hac Vice Admission of Kathleen E. McCarthy, # (2) Declaration of Kathleen E. McCarthy, # (3) Proposed Order)(ALTERSOHN, ALLISON) |
| Apr 1, 2021 | 14 | Declaration of Allison Altersohn in Support of Pro Hac Vice Admission of Kathle (3) |
| Apr 1, 2021 | 14 | Declaration of Kathleen E. McCarthy (4) |
| Apr 1, 2021 | 14 | Proposed Order (3) |
| Mar 23, 2021 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [10] MOTION to Dismiss . Motion set for 4/19/2021 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Mar 22, 2021 | 13 | Order (1) Docket Text: ORDER adjourning motion return date re [10] MOTION to Dismiss to April 19, 2021. Signed by Judge Katharine S. Hayden on 3/22/2021. (ld, ) |
| Mar 19, 2021 | N/A | Notice of Judicial Preferences (0) Docket Text: Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (tjg, ) |
| Mar 19, 2021 | N/A | Order (0) Docket Text: TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 4/21/21 at 10:30am. Plaintiff shall initiate the call and local counsel for any/all parties must participate. Parties are to submit a completed Pretrial Scheduling Order (for Judge Salas cases, please use her dedicated PTSO found in the same location) found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference.. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 3/19/21. (tjg, ) |
| Mar 18, 2021 | 11 | Letter Rule 7.1 (1) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [10] MOTION to Dismiss . (GOLD, DAVID) |
| Mar 15, 2021 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [10] MOTION to Dismiss. Motion set for 4/5/2021 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) |
| Mar 12, 2021 | 10 | Main Document (3) Docket Text: MOTION to Dismiss by BERRY SOLUTIONS INC., EMC GROUP INC.. Responses due by 3/22/2021 (Attachments: # (1) Memorandum of Law in Support of Defendants' Motion to Dismiss, # (2) Declaration of Mark Berkowitz, # (3) Exhibit 1 - Williams Sonoma webpage, # (4) Exhibit 2 - Photographs of Luxardo Maraschino Cherries, # (5) Exhibit 3 - Williams Sonoma Order Confirmation, # (6) Text of Proposed Order)(BERKOWITZ, MARK) |
| Mar 12, 2021 | 10 | Memorandum of Law in Support of Defendants' Motion to Dismiss (23) |
| Mar 12, 2021 | 10 | Declaration of Mark Berkowitz (2) |
| Mar 12, 2021 | 10 | Exhibit 1 - Williams Sonoma webpage (12) |
| Mar 12, 2021 | 10 | Exhibit 2 - Photographs of Luxardo Maraschino Cherries (5) |
| Mar 12, 2021 | 10 | Exhibit 3 - Williams Sonoma Order Confirmation (7) |
| Mar 12, 2021 | 10 | Text of Proposed Order (1) |
| Feb 25, 2021 | N/A | Update Answer Due Deadline (0) Docket Text: Clerk`s Text Order - The [9] Application for Clerk's Order to Ext Answer/Proposed Order submitted by EMC GROUP INC., BERRY SOLUTIONS INC. has been GRANTED. The answer due date has been set for 3/12/2021. (jc, ) |
| Feb 24, 2021 | 6 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by MARK BERKOWITZ on behalf of BERRY SOLUTIONS INC., EMC GROUP INC. (BERKOWITZ, MARK) |
| Feb 24, 2021 | 7 | Corporate Disclosure Statement (aty) (3) Docket Text: Corporate Disclosure Statement by BERRY SOLUTIONS INC.. (BERKOWITZ, MARK) |
| Feb 24, 2021 | 8 | Corporate Disclosure Statement (aty) (3) Docket Text: Corporate Disclosure Statement by EMC GROUP INC.. (BERKOWITZ, MARK) |
| Feb 24, 2021 | 9 | Application for Clerk's Order to Ext Answer/Proposed Order (4) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Berry Solutions Inc. and EMC Group Inc... (BERKOWITZ, MARK) |
| Dec 11, 2020 | 3 | Summons Issued (2) Docket Text: SUMMONS ISSUED as to BERRY SOLUTIONS INC., EMC GROUP INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) |
| Dec 11, 2020 | 4 | Main Document (1) Docket Text: AO120 Trademark Form filed. (Attachments: # (1) Complaint) (jc) Modified on 12/16/2020 (dam). |
| Dec 11, 2020 | 4 | Complaint (12) |
| Dec 11, 2020 | 5 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by ALLISON HOCH ALTERSOHN on behalf of HOTALING & CO., LLC (ALTERSOHN, ALLISON) |
| Dec 10, 2020 | N/A | Case Assigned/Reassigned (0) Docket Text: Case assigned to Judge Katharine S. Hayden and Magistrate Judge Cathy L. Waldor. (jr) |
| Dec 10, 2020 | 1 | Main Document (12) Docket Text: COMPLAINT against BERRY SOLUTIONS INC., EMC GROUP INC. ( Filing and Admin fee $ 402 receipt number ANJDC-11797415) with JURY DEMAND, filed by HOTALING & CO., LLC, SANNITI LLC. (Attachments: # (1) Civil Cover Sheet, # (2) 7.1 Disclosure for Hotaling & Co, LLC, # (3) 7.1 Disclosure Statement for Sanniti LLC)(GOLD, DAVID) |
| Dec 10, 2020 | 1 | Civil Cover Sheet (1) |
| Dec 10, 2020 | 1 | 7.1 Disclosure for Hotaling & Co, LLC (2) |
| Dec 10, 2020 | 1 | 7.1 Disclosure Statement for Sanniti LLC (2) |
| Dec 10, 2020 | 2 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by ELIZABETH ANN CARBONE on behalf of HOTALING & CO., LLC, SANNITI LLC (CARBONE, ELIZABETH) |
