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Case number 2020-1897

Nite Glow Industries Inc. v. Central Garden & Pet Company > Documents

Date Field Doc. No.Description (Pages)
Sep 7, 2021 71 Mandate issued to the United States District Court for the District of New Jersey. Service as of this date by the Clerk of Court. [797565] [20-1897, 20-1983] [MVH] [Entered: 09/07/2021 04:43 PM] (1)
Aug 31, 2021 70 ORDER filed denying petition for panel rehearing [68] filed by Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [796284] [MVH] [Entered: 08/31/2021 12:04 PM] (2)
Aug 19, 2021 69 3 paper copies of Doc. No. [68] received from Cross-Appellants Marni Markell Hurwitz, I Did It, Inc. and Nite Glow Industries Inc.. [794190] [VDW] [Entered: 08/20/2021 09:13 AM] (0)
Aug 13, 2021 68 Petition for panel rehearing filed by Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 08/13/2021 by email. [792701] [20-1897] [Alan Norman] [Entered: 08/13/2021 05:00 PM] (52)
Jul 18, 2021 0 NITE GLOW INDUSTRIES INC. v. CENTRAL GARDEN & PET COMPANY [OPINION] [nonprecedential] (0)
Jul 14, 2021 67 JUDGMENT. AFFIRMED-IN-PART, REVERSED-IN-PART, VACATED-IN-PART, AND REMANDED. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [786118] [20-1897, 20-1983] [JCP] [Entered: 07/14/2021 10:29 AM] (1)
Jul 14, 2021 66 OPINION filed for the court by Moore, Chief Judge; Lourie, Circuit Judge and Dyk, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [786117] [20-1897, 20-1983] [JCP] [Entered: 07/14/2021 10:28 AM] (28)
Jul 8, 2021 65 Notice from Appellants Central Garden & Pet Company and Four Paws Pet Company Withdrawal of Appearance. Service: 07/08/2021 by email. [785038] [20-1897] [Elizabeth Cruikshank] [Entered: 07/08/2021 02:34 PM] (3)
Jun 10, 2021 64 Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Lourie, Circuit Judge and Dyk, Circuit Judge.Arguing counsel: Melanie L. Bostwick for Central Garden & Pet Company and Four Paws Pet Company and Mr. Alan H. Norman for Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz.Oral Argument Audio available here. [779544] [JCP] [Entered: 06/10/2021 02:47 PM] (0)
Jun 2, 2021 63 Amended Response to notice of oral argument from Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/02/2021 by email. [778215] [20-1897] [Alan Norman] [Entered: 06/02/2021 05:46 PM] (1)
May 17, 2021 62 Response to notice of oral argument from Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 05/17/2021 by email. [775537] [20-1897] [Alan Norman] [Entered: 05/17/2021 10:57 PM] (1)
May 14, 2021 61 Response to notice of oral argument from Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 05/14/2021 by email. [775024] [20-1897] [Melanie Bostwick] [Entered: 05/14/2021 11:23 AM] (1)
Apr 21, 2021 60 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2106I. Case scheduled June 10, 2021. Response to Notice of Oral Argument due: 05/17/2021. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. The Counsel Telephonic Argument Orientation Information can be found here. Service as of this date by the Clerk of Court. [770360] [MJL] [Entered: 04/21/2021 05:49 PM] (1)
Apr 16, 2021 57 The following conflict dates submitted by Melanie L. Bostwick for Central Garden & Pet Company and Four Paws Pet Company have been accepted by the court: 10/04/2021, 10/05/2021, 10/06/2021, 10/07/2021, 10/08/2021. [769151] [MJL] [Entered: 04/16/2021 09:03 AM] (0)
Apr 15, 2021 59 Supplementary Media Appendix received on USB from Central Garden & Pet Company and Four Paws Pet Company. Number of copies: 4. [769954] [VDW] [Entered: 04/20/2021 01:52 PM] (0)
Apr 15, 2021 56 Notice from Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz regarding conflicts with oral argument. Service: 04/15/2021 by email. [769117] [20-1897] [Alan Norman] [Entered: 04/15/2021 08:02 PM] (3)
Apr 15, 2021 55 Notice from Appellants Central Garden & Pet Company and Four Paws Pet Company regarding conflicts with oral argument. Service: 04/15/2021 by email. [769106] [20-1897] [Melanie Bostwick] [Entered: 04/15/2021 06:05 PM] (3)
Apr 13, 2021 58 6 paper copies of Doc. No. [44], [39] received from Cross-Appellants Marni Markell Hurwitz, I Did It, Inc. and Nite Glow Industries Inc.. [769329] [VDW] [Entered: 04/16/2021 02:13 PM] (0)
Apr 9, 2021 54 6 paper copies of Doc. No. [51], [42], [36] received from Appellants Central Garden & Pet Company and Four Paws Pet Company. [768341] [VDW] [Entered: 04/13/2021 02:13 PM] (0)
Apr 8, 2021 52 Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before April 15, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [767503] [EKD] [Entered: 04/08/2021 01:00 PM] (0)
Apr 8, 2021 53 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [767504] [EKD] [Entered: 04/08/2021 01:00 PM] (1)
Apr 5, 2021 51 MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc., and Nite Glow Industries Inc. Service: 04/05/2021 by email. [766768]--[Edited 04/08/2021 by EKD - compliance review complete] [Melanie Bostwick] [Entered: 04/05/2021 05:38 PM] (0)
Apr 5, 2021 50 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc., and Nite Glow Industries Inc. Service: 04/05/2021 by email. [766767] --[Edited 04/08/2021 by EKD - compliance review complete] [Melanie Bostwick] [Entered: 04/05/2021 05:31 PM] (1983)
Apr 1, 2021 49 NOTICE OF NON-COMPLIANCE: The submissions of Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc., and Nite Glow Industries Inc., Confidential and Non-Confidential Appendices [45], [46], are not in compliance with the rules of this court (see attached). Compliant documents are due on 04/08/2021. Service as of this date by the Clerk of Court. [766259] [EKD] [Entered: 04/01/2021 03:04 PM] (2)
Mar 31, 2021 48 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 03/31/2021 by email. [766058] [20-1897] [Melanie Bostwick] [Entered: 03/31/2021 07:52 PM] (2)
Mar 31, 2021 47 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc. and Nite Glow Industries Inc.. Service: 03/31/2021 by email. [766057] [20-1897] [Melanie Bostwick] [Entered: 03/31/2021 07:49 PM] (2)
Mar 31, 2021 46 CONFIDENTIAL APPENDIX FILED by Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc. and Nite Glow Industries Inc. Service: 03/31/2021 by email. [766055] [20-1897] This document is non-compliant. See Doc No. [49] [Melanie Bostwick] [Entered: 03/31/2021 07:46 PM] (0)
Mar 31, 2021 45 APPENDIX FILED by Appellants Central Garden & Pet Company, Four Paws Pet Company and Cross-Appellants Marni Markell Hurwitz, I Did It, Inc. and Nite Glow Industries Inc. Service: 03/31/2021 by email. [766053] [20-1897] This document is non-compliant. See Doc No. [49] [Melanie Bostwick] [Entered: 03/31/2021 07:39 PM] (1983)
Mar 24, 2021 44 MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellants Marni Markell Hurwitz, I Did It, Inc., and Nite Glow Industries Inc. Service: 03/24/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [764512] --[Edited 03/25/2021 by EKD - compliance review complete] [Alan Norman] [Entered: 03/24/2021 02:18 PM] (47)
Mar 3, 2021 43 Amended Certificate of Interest for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 03/03/2021 by email. [759926] [20-1897] [Melanie Bostwick] [Entered: 03/03/2021 08:22 PM] (3)
Mar 3, 2021 42 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 03/03/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [759925] --[Edited 03/04/2021 by EKD - compliance review complete] [Melanie Bostwick] [Entered: 03/03/2021 08:18 PM] (90)
Jan 11, 2021 41 **TEXT ONLY** ORDER granting motion to extend time to file brief [40] filed by Appellants Central Garden & Pet Company and Four Paws Pet Company. The reply brief is due 03/03/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [748259] [EKD] [Entered: 01/11/2021 08:51 AM] (0)
Jan 8, 2021 40 MOTION of Appellants Central Garden & Pet Company and Four Paws Pet Company to extend the time to 03/03/2021 to file brief. Service: 01/08/2021 by email. [748198] [20-1897] [Melanie Bostwick] [Entered: 01/08/2021 04:56 PM] (10)
Dec 23, 2020 39 MODIFIED ENTRY: BRIEF FILED by Cross-Appellants Marni Markell Hurwitz, I Did It, Inc., and Nite Glow Industries Inc. Service: 12/23/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [745143] --[Edited 12/28/2020 by EKD - compliance review complete] [Alan Norman] [Entered: 12/23/2020 03:01 PM] (102)
Nov 3, 2020 38 **TEXT ONLY** ORDER granting motion to extend time to file brief [37] filed by Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. The response brief is due 12/23/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [733252] [LMN] [Entered: 11/03/2020 11:18 AM] (0)
Nov 2, 2020 37 MOTION of Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz to extend the time to 12/23/2020 to file brief. Service: 11/02/2020 by email. [733135] [20-1897] [Alan Norman] [Entered: 11/02/2020 10:35 PM] (11)
Oct 13, 2020 36 MODIFIED ENTRY: CONFIDENTIAL OPENING BRIEF FILED by Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 10/13/2020 by email. [728391]--[Edited 10/19/2020 by LMN - compliance review complete] [Melanie Bostwick] [Entered: 10/13/2020 09:10 PM] (0)
Oct 13, 2020 35 MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 10/13/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [728390] --[Edited 10/19/2020 by LMN - compliance review complete] [Melanie Bostwick] [Entered: 10/13/2020 09:04 PM] (150)
Oct 1, 2020 34 ORDER lifting the stay of the briefing schedule. The appellants' opening brief is due no later than October 13, 2020. Service as of this date by the Clerk of Court. [725955] [LMS] [Entered: 10/01/2020 03:57 PM] (2)
Sep 25, 2020 33 Notice from Cross-Appellants Nite Glow Industries Inc., I Did It, Inc., Marni Markell Hurwitz and Appellants Central Garden & Pet Company and Four Paws Pet Company Joint Notice Pursuant to FRAP 12.1(b) and Response to Court's September 23, 2020 Order. Service: 09/25/2020 by email. [724618] [20-1897] [Alan Norman] [Entered: 09/25/2020 04:57 PM] (14)
Sep 23, 2020 32 ORDER filed granting [30] the motion. This matter is remanded for the limited purpose of allowing the district court to address Nite Glow's Rule 60(a) motion. This court retains jurisdiction over these appeals, and the briefing schedule remains stayed. The parties should promptly inform this court of the district court's ruling on the motion pursuant to Rule 12.1(b) of the Federal Rules of Appellate Procedure and propose how they believe the appeals should proceed. Service as of this date by the Clerk of Court. [723939] [LMS] [Entered: 09/23/2020 11:37 AM] (2)
Aug 27, 2020 31 ORDER staying the briefing schedule pending the court's disposition of the motion. Service as of this date by the Clerk of Court. [717869] [LMS] [Entered: 08/27/2020 07:41 AM] (2)
Aug 21, 2020 30 MOTION of Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz for limited remand [Consent: unopposed]. Service: 08/21/2020 by email. [716753] [20-1897] [Alan Norman] [Entered: 08/21/2020 11:48 PM] (12)
Aug 21, 2020 29 Rule 12.1(a) Notice of Indicative Ruling for Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 08/21/2020 by email. [716751] [20-1897] [Alan Norman] [Entered: 08/21/2020 11:44 PM] (10)
Jul 24, 2020 28 ORDER granting motion to extend time to file brief [25] filed by Appellants Central Garden & Pet Company and Four Paws Pet Company. Central’s principal brief is due no later than September 28, 2020. Service as of this date by the Clerk of Court. [709849] [NL] [Entered: 07/24/2020 09:43 AM] (2)
Jul 22, 2020 27 RESPONSE of Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz to the motion [25] filed by Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 07/22/2020 by email. [709311] [20-1897] [Alan Norman] [Entered: 07/22/2020 03:03 PM] (55)
Jul 21, 2020 26 Amended Docketing Statement for the Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 07/21/2020 by email. [708844] [20-1897] [Melanie Bostwick] [Entered: 07/21/2020 11:00 AM] (2)
Jul 17, 2020 25 MOTION of Appellants Central Garden & Pet Company and Four Paws Pet Company to extend the time to 09/28/2020 to file the Opening Brief. [Consent: opposed]. Service: 07/17/2020 by email. [708338] [20-1897] [Melanie Bostwick] [Entered: 07/17/2020 05:50 PM] (9)
Jul 15, 2020 24 Entry of appearance for Katherine E. Colvin as counsel for Cross-Appellants Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 07/15/2020 by email. [707846] [20-1897] [Katherine Colvin] [Entered: 07/15/2020 03:57 PM] (1)
Jul 10, 2020 23 Official caption revised to reflect cross-appeal 20-1983. (see attached). Service as of this date by the Clerk of Court. [706765] [CAB] [Entered: 07/10/2020 02:35 PM] (2)
Jul 10, 2020 22 Note to File: The following cases are consolidated: 20-1897 Lead with 20-1983 Cross-Appeal. The parties must file all documents in the lead appeal only. [706763] [20-1897, 20-1983] [CAB] [Entered: 07/10/2020 02:31 PM] (0)
Jun 30, 2020 21 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [16], Doc No. [18], Doc No. [19], ERROR: The party designation is incorrect. CORRECTION: The proper party designation is Appellee. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [704628] [EKD] [Entered: 06/30/2020 12:20 PM] (0)
Jun 29, 2020 20 Docketing Statement for the Appellees Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/29/2020 by email. [704490] [20-1897] [Alan Norman] [Entered: 06/29/2020 06:54 PM] (3)
Jun 29, 2020 19 Entry of appearance for Steven E. Garlock as of counsel for Appellees Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/29/2020 by email. [704483] [20-1897] [Steven Garlock] [Entered: 06/29/2020 06:36 PM] (1)
Jun 29, 2020 18 Entry of appearance for David B. Jinkins as of counsel for Appellees Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/29/2020 by email. [704476] [20-1897] [David Jinkins] [Entered: 06/29/2020 06:03 PM] (1)
Jun 29, 2020 17 Certificate of Interest for Appellees Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/29/2020 by email. [704475] [20-1897] [Alan Norman] [Entered: 06/29/2020 05:59 PM] (2)
Jun 29, 2020 16 Entry of appearance for Alan H. Norman as principal counsel for Appellees Nite Glow Industries Inc., I Did It, Inc. and Marni Markell Hurwitz. Service: 06/29/2020 by email. [704474] [20-1897] [Alan Norman] [Entered: 06/29/2020 05:55 PM] (1)
Jun 22, 2020 15 Docketing Statement for the Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/22/2020 by email. [702721] [20-1897] [Melanie Bostwick] [Entered: 06/22/2020 12:20 PM] (3)
Jun 19, 2020 14 Amended Entry of appearance for Linda G. Harvey as of counsel for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/19/2020 by email. [702604] [20-1897] [Linda Harvey] [Entered: 06/19/2020 06:10 PM] (1)
Jun 19, 2020 13 Amended Entry of appearance for Steven Grossman as of counsel for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/19/2020 by email. [702603] [20-1897] [Steven Grossman] [Entered: 06/19/2020 06:05 PM] (1)
Jun 19, 2020 12 Amended Entry of appearance for Michael H. Freeman as of counsel for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/19/2020 by email. [702602] [20-1897] [Michael Freeman] [Entered: 06/19/2020 06:00 PM] (1)
Jun 19, 2020 11 Amended Entry of appearance for Abigail Colella as of counsel for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/19/2020 by email. [702601] [20-1897] [Abigail Colella] [Entered: 06/19/2020 05:57 PM] (1)
Jun 19, 2020 10 Amended Entry of appearance for Elizabeth Cruikshank as of counsel for Appellants Four Paws Pet Company and Central Garden & Pet Company. Service: 06/19/2020 by email. [702600] [20-1897] [Elizabeth Cruikshank] [Entered: 06/19/2020 05:54 PM] (1)
Jun 19, 2020 9 Amended Entry of appearance for Melanie L. Bostwick as principal counsel for Appellants Central Garden & Pet Company and Four Paws Pet Company. Service: 06/19/2020 by email. [702599] [20-1897] [Melanie Bostwick] [Entered: 06/19/2020 05:49 PM] (1)
Jun 19, 2020 8 Entry of appearance for Abigail Colella as of counsel for Appellant Central Garden & Pet Company. Service: 06/19/2020 by email. [702407] [20-1897] [Abigail Colella] [Entered: 06/19/2020 10:41 AM] (1)
Jun 18, 2020 7 Entry of appearance for Elizabeth Cruikshank as of counsel for Appellant Central Garden & Pet Company. Service: 06/18/2020 by email. [702120] [20-1897] [Elizabeth Cruikshank] [Entered: 06/18/2020 11:34 AM] (1)
Jun 17, 2020 6 Entry of appearance for Steven Grossman as of counsel for Appellant Central Garden & Pet Company. Service: 06/17/2020 by email. [701837] [20-1897] [Steven Grossman] [Entered: 06/17/2020 11:36 AM] (1)
Jun 16, 2020 5 Entry of appearance for Linda G. Harvey as of counsel for Appellant Central Garden & Pet Company. Service: 06/16/2020 by email. [701578] [20-1897] [Linda Harvey] [Entered: 06/16/2020 02:43 PM] (1)
Jun 16, 2020 4 Entry of appearance for Michael H. Freeman as of counsel for Appellant Central Garden & Pet Company. Service: 06/16/2020 by email. [701575] [20-1897] [Michael Freeman] [Entered: 06/16/2020 02:40 PM] (1)
Jun 16, 2020 3 Certificate of Interest for Appellant Central Garden & Pet Company. Service: 06/16/2020 by email. [701571] [20-1897] [Melanie Bostwick] [Entered: 06/16/2020 02:35 PM] (2)
Jun 16, 2020 2 Entry of appearance for Melanie L. Bostwick as principal counsel for Appellant Central Garden & Pet Company. Service: 06/16/2020 by email. [701568] [20-1897] [Melanie Bostwick] [Entered: 06/16/2020 02:31 PM] (1)
Jun 15, 2020 1 Appeal docketed. Received: 06/04/2020. [701213]Entry of Appearance is due 06/29/2020. Certificate of Interest is due on 06/29/2020. Docketing Statement is due 06/29/2020. Appellants' brief is due 08/14/2020. [LMN] [Entered: 06/15/2020 03:08 PM] (110)
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