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Case number 2:20-cv-20283

PROMOTION IN MOTION, INC. et al v. KERVAN USA LLC > Documents

Date Field Doc. No.Description (Pages)
Nov 30, 2022 45 TEXT ORDER: For the reasons set forth in counsel's November 29, 2022 communication to the Court, on or before January 31, 2023, counsel shall either submit an updated joint status report to the Court. So Ordered by Magistrate Judge Michael A. Hammer on 11/30/2022. (Hammer, Michael) (Entered: 11/30/2022) (0)
Oct 3, 2022 44 TEXT ORDER: The Undersigned having held numerous conversations with counsel for each side concerning settlement, on or before November 30, 2022, counsel will inform the Undersigned of the status of the remaining predicate steps to negotiate and consummate the resolution of this matter. So Ordered by Magistrate Judge Michael A. Hammer on 10/3/2022. (Hammer, Michael) (Entered: 10/03/2022) (0)
Jun 28, 2022 N/A Settlement Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 6/28/2022. (jqb, )
Apr 28, 2022 43 TEXT ORDER: Settlement Conference set for 6/28/2022 at 2:00 p.m. via zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via zoom. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 4/28/2022. (jqb, ) (Entered: 04/28/2022) (0)
Apr 28, 2022 N/A Order (0)
Docket Text: TEXT ORDER: Settlement Conference set for 6/28/2022 at 2:00 p.m. via zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via zoom. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 4/28/2022. (jqb, )
Apr 28, 2022 N/A Settlement Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 4/27/2022. (jqb, ) Modified on 5/2/2022 (jqb, ).
Apr 27, 2022 42 TEXT ORDER: Due to a scheduling issue, the settlement conference today, April 27th, shall begin at 3:00 p.m. rather than 2:30 p.m. The Zoom link remains the same. So Ordered by Magistrate Judge Michael A. Hammer on 4/27/2022. (Hammer, Michael) (Entered: 04/27/2022) (0)
Apr 27, 2022 N/A Order (0)
Docket Text: TEXT ORDER: Due to a scheduling issue, the settlement conference today, April 27th, shall begin at 3:00 p.m. rather than 2:30 p.m. The Zoom link remains the same. So Ordered by Magistrate Judge Michael A. Hammer on 4/27/2022. (Hammer, Michael)
Apr 8, 2022 41 TEXT ORDER: The Settlement Conference on 4/29/2022 is rescheduled to 4/27/2022 at 2:30 p.m. via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. So Ordered by Magistrate Judge Michael A. Hammer on 4/8/2022. (bt) (Entered: 04/08/2022) (0)
Apr 8, 2022 N/A Order (0)
Docket Text: TEXT ORDER: The Settlement Conference on 4/29/2022 is rescheduled to 4/27/2022 at 2:30 p.m. via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. So Ordered by Magistrate Judge Michael A. Hammer on 4/8/2022. (bt)
Apr 7, 2022 40 TEXT ORDER: Settlement Conference set for 4/29/2022 at 10:00 a.m. via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. So Ordered by Magistrate Judge Michael A. Hammer on 4/7/2022. (jqb) ) (Entered: 04/07/2022) (0)
Apr 7, 2022 N/A Order (0)
Docket Text: TEXT ORDER: Settlement Conference set for 4/29/2022 at 10:00 a.m. via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. So Ordered by Magistrate Judge Michael A. Hammer on 4/7/2022. (jqb) )
Apr 6, 2022 N/A Settlement Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 4/6/2022. (jqb, )
Feb 18, 2022 39 TEXT ORDER: Settlement Conference set for 4/6/2022 at 2:00 p.m. before via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Each party must submit a confidential settlement memorandum on or before 3/30/2022, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. The Court requests that any submissions containing multiple exhibits be tabbed and sent via mail. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 2/18/2022. (jqb, ) (Entered: 02/18/2022) (0)
Feb 18, 2022 N/A Order (0)
Docket Text: TEXT ORDER: Settlement Conference set for 4/6/2022 at 2:00 p.m. before via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Each party must submit a confidential settlement memorandum on or before 3/30/2022, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. The Court requests that any submissions containing multiple exhibits be tabbed and sent via mail. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 2/18/2022. (jqb, )
Feb 15, 2022 N/A Status Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 2/15/2022. (jqb, )
Jan 18, 2022 38 TEXT ORDER: Telephone Status Conference set for 2/15/2022 at 9:30 a.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 1/18/2022. (jqb, ) (Entered: 01/18/2022) (0)
Jan 18, 2022 N/A Order (0)
Docket Text: TEXT ORDER: Telephone Status Conference set for 2/15/2022 at 9:30 a.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 1/18/2022. (jqb, )
Oct 4, 2021 N/A Remark (0)
Docket Text: Remark: The Settlement Conference before Magistrate Judge Michael A. Hammer was held on 10/1/2021. (jqb, )
Oct 4, 2021 N/A Settlement Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 10/1/2021. (jqb, ) Modified on 10/4/2021 (jqb, ).
Sep 30, 2021 37 TEXT ORDER: Defense counsel is directed to email its settlement memo forthwith to the following address: njdnef_hammer@njd.uscourts.gov. So Ordered by Magistrate Judge Michael A. Hammer on 9/30/21. (tad) (Entered: 09/30/2021) (0)
Sep 30, 2021 N/A Order (0)
Docket Text: TEXT ORDER: Defense counsel is directed to email its settlement memo forthwith to the following address: njdnef_hammer@njd.uscourts.gov. So Ordered by Magistrate Judge Michael A. Hammer on 9/30/21. (tad)
Aug 26, 2021 36 TEXT ORDER: Settlement Conference on 10/1/2021 at 10:00 a.m. before Magistrate Judge Michael A. Hammer via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 8/26/2021. (jqb, ) (Entered: 08/26/2021) (0)
Aug 26, 2021 N/A Order (0)
Docket Text: TEXT ORDER: Settlement Conference on 10/1/2021 at 10:00 a.m. before Magistrate Judge Michael A. Hammer via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 8/26/2021. (jqb, )
Aug 23, 2021 35 Letter (1)
Docket Text: Letter from Richard S. Madel re [34] Order,,,. (KELMAN, LEAH)
Aug 16, 2021 N/A Order (0)
Docket Text: TEXT ORDER: The request to adjourn the settlement conference [D.E. 33] is granted. On or before August 23, 2021, the parties will supply the Court with at least three dates between now and October 31st on which counsel and the party representatives are available. The request to extend the page limit for settlement memoranda is granted in part -- each party is afforded a maximum of 8 double-spaced pages, not including exhibits. It is requested that any settlement memoranda including exhibits that depict packaging and/or trade dress be submitted in hard-copy form to Chambers at least 2 days before the settlement conference. That will allow the Court the ability to see the exhibits in color, as opposed to black-and-white, format.. So Ordered by Magistrate Judge Michael A. Hammer on 8/16/2021. (Hammer, Michael)
Aug 13, 2021 33 Letter (1)
Docket Text: Letter from Leah Kelman to Judge Hammer re [32] Order,,. (KELMAN, LEAH)
Aug 10, 2021 N/A Order (0)
Docket Text: TEXT ORDER: The Settlement Conference on 8/18/2021 is adjourned to 9/7/2021 at 2:00 p.m. before Magistrate Judge Michael A. Hammer via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Each party must submit a confidential settlement memorandum on or before 8/31/2021, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. The Court requests that any submissions containing multiple exhibits be tabbed and sent via mail. Please mark your calendar accordingly.. So Ordered by Magistrate Judge Michael A. Hammer on 8/10/2021. (jqb, )
Jul 2, 2021 31 Order (2)
Docket Text: CONSENT ORDER that Plaintiffs shall file a Second Amended Complaint by 6/30/2021; Defendant's deadline to answer, move or otherwise respond to the Second Amended Complaint is 8/27/2021. Signed by Magistrate Judge Michael A. Hammer on 7/2/2021. (ams, )
Jun 30, 2021 30 Proposed Pretrial Order (2)
Docket Text: Proposed Order by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE re [28] Order,,,,. (KELMAN, LEAH)
Jun 30, 2021 29 Amended Complaint (28)
Docket Text: AMENDED COMPLAINT (Second) against KERVAN USA LLC, filed by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE.(KELMAN, LEAH)
May 6, 2021 N/A Order (0)
Docket Text: TEXT ORDER: As discussed at the May 6, 2021 scheduling conference, there will be a settlement conference in this matter on August 18, 2021, at 11:00 a.m. The conference will proceed via Zoom. At least three days before the conference, the parties will submit hard-copy settlement memoranda and exhibits concerning the products/packaging at issue. On consent, Plaintiff will file any Amended Complaint on or before June 30, 2021, without prejudice to Defendant's right to challenge the Amended Complaint pursuant to Fed. R. Civ. P. 12. The parties will submit a consent order for Plaintiff to file the Amended Complaint and include a deadline for Defendant to answer, move, or otherwise respond to it. Prior to the settlement conference, the parties will informally exchange discovery concerning sales data. All other discovery is stayed pending the settlement conference, and will be scheduled at the conclusion of the settlement conference, if necessary. So Ordered by Magistrate Judge Michael A. Hammer on 5/6/2021. (Hammer, Michael)
May 6, 2021 N/A Scheduling Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 5/6/2021. (jqb, )
May 4, 2021 27 Joint Discovery Plan (5)
Docket Text: Joint Discovery Plan by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE.(KELMAN, LEAH)
Apr 27, 2021 N/A Order (0)
Docket Text: TEXT ORDER: The parties shall electronically file a joint discovery plan by 5/4/2021. So Ordered by Magistrate Judge Michael A. Hammer on 4/27/2021. (jqb, )
Apr 21, 2021 N/A Notice of Pro Hac Vice counsel added (0)
Docket Text: Pro Hac Vice counsel, PETER J. MOONEY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ams, )
Apr 20, 2021 N/A Pro Hac Vice Fee Received (0)
Docket Text: Pro Hac Vice fee: for Peter J. Mooney Esq. $ 150, receipt number NEW044487 (pnm)
Apr 20, 2021 25 Notice of Pro Hac Vice to Receive NEF (2)
Docket Text: Notice of Request by Pro Hac Vice Peter J. Mooney to receive Notices of Electronic Filings. (HAMELSKY, ANDREW)
Apr 15, 2021 24 Notice of Pro Hac Vice to Receive NEF (2)
Docket Text: Notice of Request by Pro Hac Vice Richard S. Mandel to receive Notices of Electronic Filings. (KELMAN, LEAH)
Apr 15, 2021 23 Notice of Pro Hac Vice to Receive NEF (2)
Docket Text: Notice of Request by Pro Hac Vice Jonathan Z. King to receive Notices of Electronic Filings. (KELMAN, LEAH)
Apr 15, 2021 N/A Notice of Pro Hac Vice counsel added (0)
Docket Text: Pro Hac Vice counsel, JONATHAN Z. KING and RICHARD S. MANDEL, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ams, )
Apr 15, 2021 N/A Pro Hac Vice Fee Received (0)
Docket Text: Pro Hac Vice Fee Received as to Richard S. Mandel and Jonathan Z. King: $ 300, receipt number TRE118668 (jmh)
Mar 22, 2021 22 Order (3)
Docket Text: ORDER granting [21] Application for the Pro Hac Vice Admission of Richard S. Mandel and Jonathan Z. King, etc. Signed by Magistrate Judge Michael A. Hammer on 3/22/2021. (ams, )
Mar 19, 2021 21 Text of Proposed Order Consent Order re: Pro Hac Vice Admission of Counsel (3)
Mar 19, 2021 21 Declaration Mandel Declaration in Support of Admission of Counsel Pro Hac Vice (5)
Mar 19, 2021 21 Declaration King Declaration in Support of Admission of Counsel Pro Hac Vice (6)
Mar 19, 2021 21 Declaration Kelman Declaration in Support of Admission of Counsel Pro Hac Vice (3)
Mar 19, 2021 21 Main Document (1)
Docket Text: Letter from Leah Kelman. (Attachments: # (1) Declaration Kelman Declaration in Support of Admission of Counsel Pro Hac Vice, # (2) Declaration King Declaration in Support of Admission of Counsel Pro Hac Vice, # (3) Declaration Mandel Declaration in Support of Admission of Counsel Pro Hac Vice, # (4) Text of Proposed Order Consent Order re: Pro Hac Vice Admission of Counsel)(KELMAN, LEAH)
Mar 16, 2021 20 Order on Motion for Leave to Appear (2)
Docket Text: ORDER granting [19] Motion for Leave to Appear Pro Hac Vice as to Peter J. Mooney Esq. etc. Signed by Magistrate Judge Michael A. Hammer on 3/16/2021. (ams, )
Mar 15, 2021 N/A QC - Duplicate Filings (0)
Docket Text:CLERK'S QUALITY CONTROL MESSAGE - The text orders filed on 3/12/2021 appear to be duplicates. This message is for informational purposes only. (jqb, )
Mar 12, 2021 19 Text of Proposed Order ORDER GRANTING UNOPPOSED APPLICATION FOR ADMISSION PRO HA (2)
Mar 12, 2021 19 Certification CERTIFICATION OF PETER J. MOONEY, ESQ. IN SUPPORT OF UNOPPOSED APP (2)
Mar 12, 2021 19 Main Document (2)
Docket Text: MOTION for Leave to Appear Pro Hac Vice by KERVAN USA LLC. (Attachments: # (1) Certification CERTIFICATION OF PETER J. MOONEY, ESQ. IN SUPPORT OF UNOPPOSED APPLICATION FOR ADMISSION PRO HAC VICE, # (2) Text of Proposed Order ORDER GRANTING UNOPPOSED APPLICATION FOR ADMISSION PRO HAC VICE OF PETER J. MOONEY, ESQ.)(HAMELSKY, ANDREW)
Mar 12, 2021 N/A Order (0)
Docket Text: TEXT ORDER: Telephone Scheduling Conference set for 5/6/2021 at 3:00 p.m. before Magistrate Judge Michael A. Hammer. The parties shall electronically file a joint discovery plan by 5/4/2021. Dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 3/12/2021. (jqb, )
Mar 12, 2021 N/A Order (0)
Docket Text: TEXT ORDER: Telephone Scheduling Conference set for 5/6/2021 at 3:00 p.m. before Magistrate Judge Michael A. Hammer. The parties shall electronically file a joint discovery plan by 5/4/2021. Dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 3/12/2021. (jqb, )
Mar 8, 2021 16 Answer to Amended Complaint (9)
Docket Text:KERVAN USA LLC'S ANSWER to Amended Complaint With Affirmative Defenses by KERVAN USA LLC.(KASSAK, MICHAEL)
Feb 11, 2021 N/A Update Answer Due Deadline (0)
Docket Text: Clerk`s Text Order - The document [15] Application for Clerk's Order to Ext Answer/Proposed Order submitted by KERVAN USA LLC has been GRANTED. The answer due date has been set for 3/8/2021. (ams, )
Feb 10, 2021 15 Application for Clerk's Order to Ext Answer/Proposed Order (2)
Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint.. (HAMELSKY, ANDREW)
Feb 2, 2021 14 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by ANDREW I. HAMELSKY on behalf of KERVAN USA LLC (HAMELSKY, ANDREW)
Feb 2, 2021 13 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by MICHAEL O. KASSAK on behalf of KERVAN USA LLC (KASSAK, MICHAEL)
Jan 28, 2021 12 Summons Issued (2)
Docket Text: SUMMONS ISSUED as to KERVAN USA LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, )
Jan 28, 2021 11 Summons - Request for Issue (2)
Docket Text: Request for Summons to be Issued by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE as to KERVAN USA LLC. (KING, DAVID)
Jan 27, 2021 10 Amended Complaint (20)
Docket Text: AMENDED COMPLAINT against KERVAN USA LLC, filed by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE.(KING, DAVID)
Dec 30, 2020 N/A Order Reassigning Case (0)
Docket Text: TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Madeline Cox Arleo and Magistrate Judge Michael A. Hammer for all further proceedings. Judge Claire C. Cecchi, Chief Mag. Judge Mark Falk no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 12/30/20. (ak, )
Dec 28, 2020 8 Summons Issued (2)
Docket Text: SUMMONS ISSUED as to KERVAN USA LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, )
Dec 28, 2020 7 Complaint and Exhibits (20)
Dec 28, 2020 7 Main Document (1)
Docket Text: AO120 Patent/Trademark Form filed. (Attachments: # (1) Complaint and Exhibits) (ams, )
Dec 28, 2020 6 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by LEAH KELMAN on behalf of PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE (KELMAN, LEAH)
Dec 24, 2020 5 Certification (1)
Docket Text: Certification of Rule 11.2 Disclosure on behalf of PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE. (KING, DAVID)
Dec 24, 2020 4 Certification (3)
Docket Text: Certification of Rule 10.1(a) Statement on behalf of PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE. (KING, DAVID)
Dec 24, 2020 3 Certification (2)
Docket Text: Certification of Non-Arbitrability Pursuant to Rule 201.1 on behalf of PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE. (KING, DAVID)
Dec 24, 2020 2 Corporate Disclosure Statement (aty) (2)
Docket Text: Corporate Disclosure Statement by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE identifying National Grape Co-Operative Association, Inc. as Corporate Parent.. (KING, DAVID)
Dec 24, 2020 1 Civil Cover Sheet (2)
Dec 24, 2020 1 Main Document (18)
Docket Text: COMPLAINT against KERVAN USA LLC ( Filing and Admin fee $ 402 receipt number ANJDC-11874563), filed by PROMOTION IN MOTION, INC., WELCH FOODS INC., A COOPERATIVE. (Attachments: # (1) Civil Cover Sheet)(KING, DAVID)
Dec 24, 2020 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Claire C. Cecchi and Chief Mag. Judge Mark Falk. (ak, )
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