Case number 3:19-cv-00508
Sauer Brands, Inc. v. Duke Sandwich Productions, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 4, 2021 | 241 | Order on Motion for Entry of Judgment (10) Docket Text:CONSENT JUDGMENT and PERMANENT INJUNCTION, granting [240] Joint Motion. The Clerk is directed to terminate all pending motions ([162], [166], [167], [168], [169], [170], [171], [172], [173], [174], [175], [176], [177], [178], [180], [182], [186], [190], [191], [195], [196]) and deadlines in this case, including trial, and to CLOSE THE CASE. Signed by District Judge Frank D. Whitney on 6/4/2021. (tmg) |
| Jun 4, 2021 | 242 | Clerk's Judgment (1) Docket Text:CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated June 4, 2021. Signed by Clerk, Frank G. Johns. (tmg) |
| Jun 4, 2021 | 243 | Report Regarding Patent & Trademark (12) Docket Text: REPORT on the Determination of an action regarding patent and/or trademark numbers. (tmg) |
| Jun 3, 2021 | 240 | Main Document (2) Docket Text: Joint MOTION for Entry of Judgment as to all Defendants, Joint MOTION for Permanent Injunction as to all Defendants by Sauer Brands, Inc.. Responses due by 6/17/2021 (Attachments: # (1) Exhibit) (Covington, Alexander) |
| Jun 3, 2021 | 240 | Exhibit (11) |
| May 28, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [226] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/28/2021. (DLG) |
| May 28, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [233] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/28/2021. (DLG) |
| May 28, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [238] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/28/2021. (DLG) |
| May 27, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [212] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/27/2021. (DLG) |
| May 27, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [217] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/27/2021. (DLG) |
| May 27, 2021 | 207 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [170] MOTION in Limine to Preclude Plaintiff from Offering Ridenoure Email as Evidence of Actual Confusion by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 208 | Response in Opposition to Motion (6) Docket Text: RESPONSE in Opposition re [175] MOTION in Limine to Exclude Defendants' Profits as a Measure of Damages for Plaintiff's UDTPA and Unfair Competition Claims by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 209 | Response in Opposition to Motion (3) Docket Text: RESPONSE in Opposition re [168] MOTION in Limine to Exclude Certain Personal Matters by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 210 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine to Exclude Katlyn FryPlaintiff's Opposition to Defendants' Motion in Limine to Exclude Katlyn Fry - Redacted Copy by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 211 | Main Document (3) Docket Text: DECLARATION of Amanda L. DeFord re [210] Response in Opposition to Motion, filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A- Email from K. Fry to J. Concepcion Cease and Desist, # (2) Exhibit B-Deposition Excerpts of K. Fry, # (3) Exhibit C-Filed Under Seal Duke Brands Marketing Meetings, # (4) Exhibit D-Filed Under Seal Email chain re Duke Branded Packaging, # (5) Exhibit E-Filed Under Seal Email Chain re Duke Foods Old Art, # (6) Exhibit F-Filed Under Seal Email Chain re marketing meetings, # (7) Exhibit G-Filed Under Seal Email Chain re Duke Packaging Concepts #3)(Muckenfuss, Robert) |
| May 27, 2021 | 211 | Exhibit A- Email from K. Fry to J. Concepcion Cease and Desist (3) |
| May 27, 2021 | 211 | Exhibit B-Deposition Excerpts of K. Fry (13) |
| May 27, 2021 | 211 | Exhibit C-Filed Under Seal Duke Brands Marketing Meetings (1) |
| May 27, 2021 | 211 | Exhibit D-Filed Under Seal Email chain re Duke Branded Packaging (1) |
| May 27, 2021 | 211 | Exhibit E-Filed Under Seal Email Chain re Duke Foods Old Art (1) |
| May 27, 2021 | 211 | Exhibit F-Filed Under Seal Email Chain re marketing meetings (1) |
| May 27, 2021 | 211 | Exhibit G-Filed Under Seal Email Chain re Duke Packaging Concepts #3 (1) |
| May 27, 2021 | 212 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Plaintiff's Opposition to Defendants' Motion in Limine to Exclude Katlyn Fry and Exhibits C-G to the Declaration of Amanda L. DeFord by Sauer Brands, Inc.. Responses due by 6/10/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 27, 2021 | 215 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [186] MOTION in Limine Plaintiff's Motion in Limine to Exclude all Argument and Evidence Related to Alleged Advice of Counsel by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Wharton, Jacob) |
| May 27, 2021 | 216 | Response to Motion (5) Docket Text: RESPONSE to Motion re [182] MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument as to Whether Duke's Mayonnaise is Sugar-Free or made with Eugenia Duke's Original Recipe by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Wharton, Jacob) |
| May 27, 2021 | 217 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Oppositions to Plaintiff's Motions in Limine by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/10/2021 (Wharton, Jacob). Motions referred to David S. Cayer. |
| May 27, 2021 | 218 | Main Document (7) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine to Exclude Trade Dress Evidence by Sauer Brands, Inc.. Replies due by 6/3/2021 (Attachments: # (1) Exhibit A-Certificate of Registration and the TESSTSDR Information for U.S. Reg. No. 6,193,515)(Muckenfuss, Robert) |
| May 27, 2021 | 218 | Exhibit A-Certificate of Registration and the TESSTSDR Information for U.S. Reg. (8) |
| May 27, 2021 | 219 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [177] MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument Regarding the Lack of Consumer Confusion as to Third-Party Food Products by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Wharton, Jacob) |
| May 27, 2021 | 220 | Main Document (6) Docket Text: RESPONSE in Opposition re [191] MOTION in Limine Plaintiff's Motion in Limine to Exclude the January 2007 Draft Letter from John Mack to Tom Giannasi and all Arguments and Evidence Related Thereto by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Attachments: # (1) Exhibit A)(Wharton, Jacob) |
| May 27, 2021 | 220 | Exhibit A (3) |
| May 27, 2021 | 221 | Response in Opposition to Motion (6) Docket Text: RESPONSE in Opposition re [195] MOTION in Limine to Exclude False Advertising Claims by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 222 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [166] MOTION in Limine to Preclude Plaintiff from Referring to Itself as "Duke's" by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 223 | Response in Opposition to Motion (8) Docket Text: RESPONSE in Opposition re [196] MOTION in Limine to Preclude Plaintiff from Offering Misdirected Communications as Evidence of Actual Confusion by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 224 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [167] MOTION in Limine to Preclude Plaintiff from Asserting that the DUKE'S Trademark is "Famous" by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 225 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition re [174] MOTION in Limine to Exclude General Inquiry EmailsPlaintiff's Opposition to Defendants' Motion in Limine to Exclude General Inquiry Emails -Redacted Version by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 226 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Plaintiff's Opposition to Defendants' Motion in Limine to Exclude General Inquiry Emails by Sauer Brands, Inc.. Responses due by 6/10/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 27, 2021 | 228 | Response in Opposition to Motion (8) Docket Text: RESPONSE in Opposition re [176] MOTION in Limine to Exclude Hearsay Evidence of Alleged Confusion at Food Lion by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 229 | Main Document (3) Docket Text: DECLARATION of Lucy Jewett Wheatley re [228] Response in Opposition to Motion, [176] MOTION in Limine to Exclude Hearsay Evidence of Alleged Confusion at Food Lion filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A- Deposition Excerpts from E. Rominger)(Muckenfuss, Robert) |
| May 27, 2021 | 229 | Exhibit A- Deposition Excerpts from E. Rominger (3) |
| May 27, 2021 | 230 | Response in Opposition to Motion (12) Docket Text: RESPONSE in Opposition re [169] MOTION in Limine to Exclude Social Media Hearsay Evidence by Sauer Brands, Inc.. Replies due by 6/3/2021 (Muckenfuss, Robert) |
| May 27, 2021 | 231 | Main Document (7) Docket Text: RESPONSE in Opposition re [190] MOTION in Limine Plaintiff's Motion in Limine to Exclude from the Liability Phase of Trial all Exhibits and Testimony Related Solely to Equitable Issues by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Wharton, Jacob) |
| May 27, 2021 | 231 | Exhibit A (1) |
| May 27, 2021 | 231 | Exhibit B (2) |
| May 27, 2021 | 232 | Main Document (12) Docket Text: RESPONSE in Opposition re [171] MOTION in Limine to Exclude Hearsay Evidence of Alleged ConfusionPlaintiff's Opposition to Defendants' Motion in Limine To Exclude Evidence of Alleged Confusion-Filed Under Seal by Sauer Brands, Inc.. Replies due by 6/3/2021 (Attachments: # (1) Exhibit A-PX 61 Filed Under Seal Email from Mildred A. to Duke's Customer Service)(Muckenfuss, Robert) |
| May 27, 2021 | 232 | Exhibit A-PX 61 Filed Under Seal Email from Mildred A. to Duke's Customer S (1) |
| May 27, 2021 | 233 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Plaintiff's Opposition to Defendants Motion in Limine to Exclude Evidence of Alleged Confusion and Exhibit A by Sauer Brands, Inc.. Responses due by 6/10/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 27, 2021 | 236 | Main Document (5) Docket Text: RESPONSE in Opposition re [178] MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument Related to Defendants' Unfounded Witness Coaching Theory by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/3/2021 (Attachments: # (1) Exhibit A - Excerpt Fry Depo)(Wharton, Jacob) |
| May 27, 2021 | 236 | Exhibit A - Excerpt Fry Depo (2) |
| May 27, 2021 | 238 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Defendants' Response to Plaintiff's Trial Brief by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/10/2021 (Wharton, Jacob). Motions referred to David S. Cayer. |
| May 25, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [203] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/25/2021. (DLG) |
| May 24, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [200] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/24/2021. (DLG) |
| May 24, 2021 | 200 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Plaintiff's Trial Brief by Sauer Brands, Inc.. Responses due by 6/7/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 24, 2021 | 202 | Proposed Jury Verdict (3) Docket Text: Proposed JURY VERDICT by Sauer Brands, Inc. (Muckenfuss, Robert) |
| May 24, 2021 | 203 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Defendants' Trial Brief by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/7/2021 (Wharton, Jacob). Motions referred to David S. Cayer. |
| May 24, 2021 | 205 | Proposed Jury Verdict (12) Docket Text: Proposed JURY VERDICT by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.(Wharton, Jacob) |
| May 24, 2021 | 206 | Main Document (3) Docket Text: AMENDED DOCUMENT by Sauer Brands, Inc.. Amendment to [156] Proposed Issue,, Amended Joint Pretrial Submission (Attachments: # (1) Exhibit 1A Plaintiff's Amended Exhibit List for Liability Phase, # (2) Exhibit 1B Plaintiff's Amended Exhibit List for the Equitable Phase, # (3) Exhibit 1C Defendants' Amended Exhibit List, # (4) Exhibit 2A Plaintiff's Amended Discovery Designations for Liability Phase and Defendants' Objections and Cross-Designations, # (5) Exhibit 3 Amended Proposed Jury Instructions, # (6) Exhibit 4 Plaintiff's Amended Witness List)(Muckenfuss, Robert) |
| May 24, 2021 | 206 | Exhibit 1A Plaintiff's Amended Exhibit List for Liability Phase (10) |
| May 24, 2021 | 206 | Exhibit 1B Plaintiff's Amended Exhibit List for the Equitable Phase (4) |
| May 24, 2021 | 206 | Exhibit 1C Defendants' Amended Exhibit List (69) |
| May 24, 2021 | 206 | Exhibit 2A Plaintiff's Amended Discovery Designations for Liability Phase a (15) |
| May 24, 2021 | 206 | Exhibit 3 Amended Proposed Jury Instructions (47) |
| May 24, 2021 | 206 | Exhibit 4 Plaintiff's Amended Witness List (5) |
| May 21, 2021 | 199 | Main Document (3) Docket Text: Supplemental Memorandum by Sauer Brands, Inc. as to [191] MOTION in Limine Plaintiff's Motion in Limine to Exclude the January 2007 Draft Letter from John Mack to Tom Giannasi and all Arguments and Evidence Related Thereto by Sauer Brands, Inc.. (Attachments: # (1) Exhibit A-Declaration of Thomas Giannasi)(Muckenfuss, Robert) |
| May 21, 2021 | 199 | Exhibit A-Declaration of Thomas Giannasi (3) |
| May 18, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [164] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/18/2021. (KCA) |
| May 18, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [184] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/18/2021. (KCA) |
| May 18, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [188] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/18/2021. (KCA) |
| May 18, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [193] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/18/2021. (KCA) |
| May 18, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [197] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/18/2021. (KCA) |
| May 17, 2021 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text:TEXT-ONLY ORDER granting [161] Motion to allow remote testimony. For the reasons stated in the Consent Motion, the Court finds good cause exists to permit witness Conrad Sauer IV to testify in open court by contemporaneous virtual transmission from a different location. Counsel must coordinate with Deputy Clerk Candace Cochran in advance of trial to confirm logistics for the virtual testimony.(TM) |
| May 17, 2021 | 161 | Motion for Miscellaneous Relief (3) Docket Text: Consent MOTION For Trial Witness Conrad Sauer to appear/testify via Zoom re [156] Proposed Issue,, by Sauer Brands, Inc.. Responses due by 6/1/2021 (Muckenfuss, Robert). Modified on 5/17/2021 to remove referral (mek). |
| May 17, 2021 | 162 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude and Argument Regarding Falfurrias Capital Partners by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 162 | Memorandum (8) |
| May 17, 2021 | 163 | Main Document (3) Docket Text: DECLARATION of Lucy Jewett Wheatley re [162] MOTION in Limine Plaintiff's Motion in Limine to Exclude and Argument Regarding Falfurrias Capital Partners filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A-DX365 to be filed under seal, # (2) Exhibit B-DX364 to be filed under seal, # (3) Exhibit C-DX366 to be filed under seal, # (4) Exhibit D-DX369 to be filed under seal)(Muckenfuss, Robert) |
| May 17, 2021 | 163 | Exhibit A-DX365 to be filed under seal (1) |
| May 17, 2021 | 163 | Exhibit B-DX364 to be filed under seal (1) |
| May 17, 2021 | 163 | Exhibit C-DX366 to be filed under seal (1) |
| May 17, 2021 | 163 | Exhibit D-DX369 to be filed under seal (1) |
| May 17, 2021 | 164 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 6/1/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 17, 2021 | 166 | Main Document (3) Docket Text: MOTION in Limine to Preclude Plaintiff from Referring to Itself as "Duke's" by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F) (Wharton, Jacob) |
| May 17, 2021 | 166 | Memorandum (7) |
| May 17, 2021 | 166 | Exhibit A (3) |
| May 17, 2021 | 166 | Exhibit B (9) |
| May 17, 2021 | 166 | Exhibit C (4) |
| May 17, 2021 | 166 | Exhibit D (2) |
| May 17, 2021 | 166 | Exhibit E (2) |
| May 17, 2021 | 166 | Exhibit F (44) |
| May 17, 2021 | 167 | Main Document (3) Docket Text: MOTION in Limine to Preclude Plaintiff from Asserting that the DUKE'S Trademark is "Famous" by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Wharton, Jacob) |
| May 17, 2021 | 167 | Memorandum (8) |
| May 17, 2021 | 168 | Main Document (3) Docket Text: MOTION in Limine to Exclude Certain Personal Matters by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Wharton, Jacob) |
| May 17, 2021 | 168 | Memorandum (6) |
| May 17, 2021 | 169 | Main Document (3) Docket Text: MOTION in Limine to Exclude Social Media Hearsay Evidence by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 169 | Memorandum (6) |
| May 17, 2021 | 169 | Exhibit A (1) |
| May 17, 2021 | 170 | Main Document (3) Docket Text: MOTION in Limine to Preclude Plaintiff from Offering Ridenoure Email as Evidence of Actual Confusion by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 170 | Memorandum (6) |
| May 17, 2021 | 170 | Exhibit A (6) |
| May 17, 2021 | 171 | Main Document (3) Docket Text: MOTION in Limine to Exclude Hearsay Evidence of Alleged Confusion by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 171 | Memorandum (7) |
| May 17, 2021 | 171 | Exhibit A (1) |
| May 17, 2021 | 172 | Main Document (3) Docket Text: MOTION in Limine to Exclude Trade Dress Evidence by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 172 | Memorandum (5) |
| May 17, 2021 | 172 | Exhibit A (8) |
| May 17, 2021 | 173 | Main Document (3) Docket Text: MOTION in Limine to Exclude Katlyn Fry by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 173 | Memorandum (5) |
| May 17, 2021 | 173 | Exhibit A (14) |
| May 17, 2021 | 174 | Main Document (3) Docket Text: MOTION in Limine to Exclude General Inquiry Emails by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 174 | Memorandum (7) |
| May 17, 2021 | 174 | Exhibit A (1) |
| May 17, 2021 | 175 | Main Document (3) Docket Text: MOTION in Limine to Exclude Defendants' Profits as a Measure of Damages for Plaintiff's UDTPA and Unfair Competition Claims by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 175 | Memorandum (6) |
| May 17, 2021 | 175 | Exhibit A (1) |
| May 17, 2021 | 176 | Main Document (3) Docket Text: MOTION in Limine to Exclude Hearsay Evidence of Alleged Confusion at Food Lion by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Wharton, Jacob) |
| May 17, 2021 | 176 | Memorandum (7) |
| May 17, 2021 | 177 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument Regarding the Lack of Consumer Confusion as to Third-Party Food Products by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 177 | Memorandum (5) |
| May 17, 2021 | 178 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument Related to Defendants' Unfounded Witness Coaching Theory by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 178 | Memorandum (4) |
| May 17, 2021 | 179 | Main Document (3) Docket Text: DECLARATION of Alec C. Covington re [178] MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument Related to Defendants' Unfounded Witness Coaching Theory filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A- Deposition Excerpts from Katlyn Simons (f/k/a Fry) on July 24, 2020, # (2) Exhibit B-Excerpts from the Summary Judgment Hearing Transcript on March 21, 2021)(Muckenfuss, Robert) |
| May 17, 2021 | 179 | Exhibit A- Deposition Excerpts from Katlyn Simons (f/k/a Fry) on July 24, 2020 (3) |
| May 17, 2021 | 179 | Exhibit B-Excerpts from the Summary Judgment Hearing Transcript on March 21, 202 (3) |
| May 17, 2021 | 180 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Preclude Defendants' from Calling William Lovette as a Witness at Trial and to Exclude Evidence and Argument Regarding the Lovette Indictment and Pending Criminal Case by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 180 | Memorandum (11) |
| May 17, 2021 | 181 | Main Document (3) Docket Text: DECLARATION of Amanda L. DeFord re [180] MOTION in Limine Plaintiff's Motion in Limine to Preclude Defendants' from Calling William Lovette as a Witness at Trial and to Exclude Evidence and Argument Regarding the Lovette Indictment and Pending Criminal Case filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A-DX308, # (2) Exhibit B-DX309, # (3) Exhibit C-DX310, # (4) Exhibit D-Defendants' Second Amended Initial Disclosures, # (5) Exhibit E-Deposition Excerpts of T. Barbitta August 14, 2020)(Muckenfuss, Robert) |
| May 17, 2021 | 181 | Exhibit A-DX308 (53) |
| May 17, 2021 | 181 | Exhibit B-DX309 (9) |
| May 17, 2021 | 181 | Exhibit C-DX310 (4) |
| May 17, 2021 | 181 | Exhibit D-Defendants' Second Amended Initial Disclosures (11) |
| May 17, 2021 | 181 | Exhibit E-Deposition Excerpts of T. Barbitta August 14, 2020 (11) |
| May 17, 2021 | 182 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument as to Whether Duke's Mayonnaise is Sugar-Free or made with Eugenia Duke's Original Recipe by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 182 | Memorandum (5) |
| May 17, 2021 | 183 | Main Document (3) Docket Text: DECLARATION of Kelly A. Warlich re [182] MOTION in Limine Plaintiff's Motion in Limine to Exclude Evidence and Argument as to Whether Duke's Mayonnaise is Sugar-Free or made with Eugenia Duke's Original Recipe filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A-Deposition Excerpts of T. Barbitta to be filed under seal, # (2) Exhibit B-Deposition Excerpts of M. Sauer's to be filed under seal, # (3) Exhibit C-DX026 to be filed under seal)(Muckenfuss, Robert) |
| May 17, 2021 | 183 | Exhibit A-Deposition Excerpts of T. Barbitta to be filed under seal (1) |
| May 17, 2021 | 183 | Exhibit B-Deposition Excerpts of M. Sauer's to be filed under seal (1) |
| May 17, 2021 | 183 | Exhibit C-DX026 to be filed under seal (1) |
| May 17, 2021 | 184 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 6/1/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 17, 2021 | 186 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude all Argument and Evidence Related to Alleged Advice of Counsel by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 186 | Memorandum (5) |
| May 17, 2021 | 187 | Main Document (3) Docket Text: DECLARATION of Robert A. Muckenfuss re [186] MOTION in Limine Plaintiff's Motion in Limine to Exclude all Argument and Evidence Related to Alleged Advice of Counsel filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1-Deposition Excerpts of Andrew Smart, # (2) Exhibit 2-Deposition Excerpts of W. Donahue to be filed under seal)(Muckenfuss, Robert) |
| May 17, 2021 | 187 | Exhibit 1-Deposition Excerpts of Andrew Smart (4) |
| May 17, 2021 | 187 | Exhibit 2-Deposition Excerpts of W. Donahue to be filed under seal (1) |
| May 17, 2021 | 188 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 6/1/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| May 17, 2021 | 190 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude from the Liability Phase of Trial all Exhibits and Testimony Related Solely to Equitable Issues by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A-Index to Defendants Trial Exhibits) (Muckenfuss, Robert) |
| May 17, 2021 | 190 | Memorandum (6) |
| May 17, 2021 | 190 | Exhibit A-Index to Defendants Trial Exhibits (5) |
| May 17, 2021 | 191 | Main Document (3) Docket Text: MOTION in Limine Plaintiff's Motion in Limine to Exclude the January 2007 Draft Letter from John Mack to Tom Giannasi and all Arguments and Evidence Related Thereto by Sauer Brands, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Muckenfuss, Robert) |
| May 17, 2021 | 191 | Memorandum (8) |
| May 17, 2021 | 192 | Main Document (3) Docket Text: DECLARATION of Robert A. Muckenfuss re [191] MOTION in Limine Plaintiff's Motion in Limine to Exclude the January 2007 Draft Letter from John Mack to Tom Giannasi and all Arguments and Evidence Related Thereto filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A-DX199 John Mack's January 2007 letter, # (2) Exhibit B-Deposition Excerpts from J. Mack's Deposition, # (3) Exhibit C-Mock Up Label DFP-00000202 produced by Defendants, # (4) Exhibit D-Deposition Excerpts from Andrew Smart's Deposition, # (5) Exhibit E-Deposition Excerpts from T. Giannasi's Deposition)(Muckenfuss, Robert) |
| May 17, 2021 | 192 | Exhibit A-DX199 John Mack's January 2007 letter (3) |
| May 17, 2021 | 192 | Exhibit B-Deposition Excerpts from J. Mack's Deposition (7) |
| May 17, 2021 | 192 | Exhibit C-Mock Up Label DFP-00000202 produced by Defendants (2) |
| May 17, 2021 | 192 | Exhibit D-Deposition Excerpts from Andrew Smart's Deposition (7) |
| May 17, 2021 | 192 | Exhibit E-Deposition Excerpts from T. Giannasi's Deposition (3) |
| May 17, 2021 | 193 | Retired Event Motion to Seal (5) Docket Text: MOTION to Seal by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Wharton, Jacob). Motions referred to David S. Cayer. |
| May 17, 2021 | 195 | Main Document (3) Docket Text: MOTION in Limine to Exclude False Advertising Claims by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum) (Wharton, Jacob) |
| May 17, 2021 | 195 | Memorandum (6) |
| May 17, 2021 | 196 | Main Document (3) Docket Text: MOTION in Limine to Preclude Plaintiff from Offering Misdirected Communications as Evidence of Actual Confusion by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Attachments: # (1) Memorandum, # (2) Exhibit A) (Wharton, Jacob) |
| May 17, 2021 | 196 | Memorandum (5) |
| May 17, 2021 | 196 | Exhibit A (1) |
| May 17, 2021 | 197 | Retired Event Motion to Seal (5) Docket Text: MOTION to Seal Exhibit A by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/1/2021 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Apr 23, 2021 | 160 | Transcript (31) Docket Text: TRANSCRIPT of Final Pretrial Conference held on 4/19/2021 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 7/19/2021. (Reporter: Jill Turner, 704-350-7495) |
| Apr 2, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [157] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/2/2021. (DLG) |
| Apr 1, 2021 | 156 | Main Document (19) Docket Text: Proposed Issue by Sauer Brands, Inc. Joint Pretrial Submission (Attachments: # (1) Exhibit 1A Plaintiff's Exhibit List for Liability Phase, # (2) Exhibit 1B Plaintiff's Exhibit List for the Equitable Phase, # (3) Exhibit 1C Defendants' Exhibit List, # (4) Exhibit 2A Plaintiff's Discovery Designations for Liability Phase, # (5) Exhibit 2B Plaintiff's Discovery Designations for Equitable Phase, # (6) Exhibit 2C Defendants' Discovery Designations, # (7) Exhibit 3 Proposed Jury Instructions)(Muckenfuss, Robert) |
| Apr 1, 2021 | 156 | Exhibit 1A Plaintiff's Exhibit List for Liability Phase (8) |
| Apr 1, 2021 | 156 | Exhibit 1B Plaintiff's Exhibit List for the Equitable Phase (3) |
| Apr 1, 2021 | 156 | Exhibit 1C Defendants' Exhibit List (37) |
| Apr 1, 2021 | 156 | Exhibit 2A Plaintiff's Discovery Designations for Liability Phase (11) |
| Apr 1, 2021 | 156 | Exhibit 2B Plaintiff's Discovery Designations for Equitable Phase (9) |
| Apr 1, 2021 | 156 | Exhibit 2C Defendants' Discovery Designations (59) |
| Apr 1, 2021 | 156 | Exhibit 3 Proposed Jury Instructions (81) |
| Apr 1, 2021 | 157 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal Plaintiff's Trial Brief as to Liability Phase of Trial and Plaintiff's Trial Brief as to the Equitable Phase of Trial by Sauer Brands, Inc.. Responses due by 4/15/2021 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Mar 12, 2021 | 155 | Transcript (55) Docket Text: TRANSCRIPT of Motion Hearing held on 3/1/2021 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 6/7/2021. (Reporter: Jill Turner, 704-350-7495) |
| Mar 2, 2021 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Set/Reset Pretrial Order Deadlines: Final Pretrial Conference set for 4/19/2021 02:00 PM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Jury Trial set for 6/7/2021 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (clc) |
| Mar 2, 2021 | 154 | Order on Motion for Partial Summary Judgment (2) Docket Text:ORDER denying [95] Motion for Partial Summary Judgment; denying [108] Motion to Exclude Expert Testimony of Brian M. Sowers; denying [112] Motion to Strike ; denying [114] Motion to Exclude Expert Testimony of Brian M. Sowers; granting [117] Motion to Bifurcate; denying [118] Motion for Partial Summary Judgment. The Court continues this trial from its current setting on May 3, 2021, to a peremptory trial setting to begin with docket call on June 7, 2021, at 9:00 a.m.. TAKE NOTICE that a pretrial conference in this matter will take place on Monday, April 19, 2021, at 2:00 p.m.. Signed by District Judge Frank D. Whitney on 3/1/21. (clc) |
| Mar 1, 2021 | N/A | Motion Hearing (0) Docket Text: Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re [117] MOTION to Bifurcate from Jury Trial All Equitable Defenses, [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc., [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers , [118] MOTION for Partial Summary Judgment , [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers , [112] MOTION to Strike Plaintiff's Jury Demand. Plaintiffs attorney: Amanda DeFord, Robert Muckenfuss, Kelly Warlich & Lucy Weatley. Defendants attorney: Jacob Wharton & Matthew Ladenheim. Court reporter: Jill Turner. (clc) |
| Feb 26, 2021 | 153 | Response (5) Docket Text: RESPONSE re [150] Attachment,, by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob) |
| Feb 24, 2021 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [151] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/24/2021. (DLG) |
| Feb 24, 2021 | 150 | Main Document (5) Docket Text: Attachment by Sauer Brands, Inc.. Attachment to [129] Response in Opposition to Motion,, [95] Motion for Partial Summary Judgment,,, Plaintiff's Newly Discovered Evidence in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment (Attachments: # (1) Exhibit A-Email Exchange between Garner Foods and Crossmark-Original Exhibit Filed Under Seal, # (2) Exhibit B-Email Sauer Internal Exchange-Original Exhibit Filed Under Seal)(Muckenfuss, Robert) |
| Feb 24, 2021 | 150 | Exhibit A-Email Exchange between Garner Foods and Crossmark-Original Exhibit Fil (1) |
| Feb 24, 2021 | 150 | Exhibit B-Email Sauer Internal Exchange-Original Exhibit Filed Under Seal (1) |
| Feb 24, 2021 | 151 | Main Document (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 3/10/2021 (Attachments: # (1) Exhibit A-Email Exchange between Garner Foods and Crossmark, # (2) Exhibit B-Email Sauer Internal Exchange) (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Feb 24, 2021 | 151 | Exhibit A-Email Exchange between Garner Foods and Crossmark (4) |
| Feb 24, 2021 | 151 | Exhibit B-Email Sauer Internal Exchange (4) |
| Dec 8, 2020 | 149 | Order Setting Hearing on Motion (1) Docket Text:ORDER Re-Setting Hearing on Motion [117] MOTION to Bifurcate from Jury Trial All Equitable Defenses, [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers , [112] MOTION to Strike Plaintiff's Jury Demand, [118] MOTION for Partial Summary Judgment , [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc., [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers :( Motion Hearing set for 3/1/2021 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). The Court continues trial in this matter to the mixed term beginning May 3, 2021. ( Jury Trial set for 5/3/2021 09:01 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 12/8/20. (clc) |
| Nov 17, 2020 | N/A | Order on Motion to Seal Document (0) Docket Text:TEXT-ONLY ORDER granting [139] Motion to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/17/2020. (DLG) |
| Nov 17, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [144] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/17/2020. (DLG) |
| Nov 17, 2020 | N/A | Order on Motion for Leave to File (0) Docket Text:TEXT-ONLY ORDER granting [142] Motion for Leave to File Omitted Exhibits. Exhibits shall be filed forthwith. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/17/2020. (DLG) |
| Nov 17, 2020 | 147 | Main Document (2) Docket Text: DECLARATION of Minnie Kim re [142] MOTION for Leave to File Omitted Exhibits filed by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. (Attachments: # (1) Exhibit A - Second Declaration of Andrew Smart, # (2) Exhibit B - Declaration of John Mack)(Wharton, Jacob) |
| Nov 17, 2020 | 147 | Exhibit A - Second Declaration of Andrew Smart (4) |
| Nov 17, 2020 | 147 | Exhibit B - Declaration of John Mack (6) |
| Nov 17, 2020 | 148 | Main Document (3) Docket Text: NOTICE of Filing of Exhibits by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. re [132] Response in Opposition to Motion,,, (Attachments: # (1) Second Declaration of Andrew Smart, # (2) Declaration of John Mack, # (3) Exhibit A to Declaration of John Mack)(Wharton, Jacob) |
| Nov 17, 2020 | 148 | Second Declaration of Andrew Smart (3) |
| Nov 17, 2020 | 148 | Declaration of John Mack (2) |
| Nov 17, 2020 | 148 | Exhibit A to Declaration of John Mack (3) |
| Nov 16, 2020 | 136 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [112] MOTION to Strike Plaintiff's Jury Demand by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob) |
| Nov 16, 2020 | 137 | Reply to Response to Motion (6) Docket Text: REPLY to Response to Motion re [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers Plaintiff's Reply in Support of its Motion to Exclude Testimony of Defendants' Expert Witness Graham Rogers by Sauer Brands, Inc.. (Muckenfuss, Robert) |
| Nov 16, 2020 | 138 | Main Document (10) Docket Text: REPLY to Response to Motion re [118] MOTION for Partial Summary Judgment by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Declaration of JD Wooten, # (2) Exhibit A - Filed Under Seal)(Wharton, Jacob) |
| Nov 16, 2020 | 138 | Declaration of JD Wooten (2) |
| Nov 16, 2020 | 138 | Exhibit A - Filed Under Seal (1) |
| Nov 16, 2020 | 139 | Motion to Seal Document (5) Docket Text: MOTION to Seal Document by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/30/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Nov 16, 2020 | 141 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob) |
| Nov 16, 2020 | 142 | Main Document (5) Docket Text: MOTION for Leave to File Omitted Exhibits by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/30/2020 (Attachments: # (1) Declaration of Jacob S. Wharton, # (2) Exhibit A - First Email from Plaintiff, # (3) Exhibit B - Second Email from Plaintiff, # (4) Exhibit C - Exchange and Email re APA, # (5) Declaration of Minnie Kim, # (6) Exhibit A - Email Exchange) (Wharton, Jacob). Motions referred to David S. Cayer. |
| Nov 16, 2020 | 142 | Declaration of Jacob S. Wharton (2) |
| Nov 16, 2020 | 142 | Exhibit A - First Email from Plaintiff (3) |
| Nov 16, 2020 | 142 | Exhibit B - Second Email from Plaintiff (3) |
| Nov 16, 2020 | 142 | Exhibit C - Exchange and Email re APA (4) |
| Nov 16, 2020 | 142 | Declaration of Minnie Kim (2) |
| Nov 16, 2020 | 142 | Exhibit A - Email Exchange (3) |
| Nov 16, 2020 | 143 | Main Document (18) Docket Text: REPLY to Response to Motion re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc.Plaintiff's Reply in Support of its Motion for Summary Judgment Against Defendant Duke Sandwich Productions, Inc. by Sauer Brands, Inc.. (Attachments: # (1) Exhibit Second Supplemental Collins Depo. Excerpts, # (2) Exhibit Second Supplemental Mack Depo. Excerpts, # (3) Exhibit Second Supplemental Mahon Depo. Excerpts, # (4) Exhibit Supplemental DSP Depo. Excerpts, # (5) Exhibit Supplemental Smart Depo. Excerpts, # (6) Exhibit SEALED - Second Supplemental Excerpts from Defs' Interrogatory Responses)(Muckenfuss, Robert) |
| Nov 16, 2020 | 143 | Exhibit Second Supplemental Collins Depo. Excerpts (4) |
| Nov 16, 2020 | 143 | Exhibit Second Supplemental Mack Depo. Excerpts (11) |
| Nov 16, 2020 | 143 | Exhibit Second Supplemental Mahon Depo. Excerpts (5) |
| Nov 16, 2020 | 143 | Exhibit Supplemental DSP Depo. Excerpts (4) |
| Nov 16, 2020 | 143 | Exhibit Supplemental Smart Depo. Excerpts (9) |
| Nov 16, 2020 | 143 | Exhibit SEALED - Second Supplemental Excerpts from Defs' Interrogatory Resp (1) |
| Nov 16, 2020 | 144 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 11/30/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Nov 16, 2020 | 146 | Reply to Response to Motion (7) Docket Text: REPLY to Response to Motion re [117] MOTION to Bifurcate from Jury Trial All Equitable DefensesPlaintiff's Reply in Support of its Motion to Bifurcate from Jury Trial all Equitable Defenses by Sauer Brands, Inc.. (Muckenfuss, Robert) |
| Nov 10, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [131] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/10/2020. (DLG) |
| Nov 10, 2020 | N/A | Order on Motion to Seal Document (0) Docket Text:TEXT-ONLY ORDER granting [134] Motion to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/10/2020. (DLG) |
| Nov 9, 2020 | 125 | Memorandum in Opposition to Motion (10) Docket Text: MEMORANDUM in Opposition re [117] MOTION to Bifurcate from Jury Trial All Equitable Defenses by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 11/16/2020 (Wharton, Jacob) |
| Nov 9, 2020 | 126 | Memorandum in Opposition to Motion (12) Docket Text: MEMORANDUM in Opposition re [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 11/16/2020 (Wharton, Jacob) |
| Nov 9, 2020 | 127 | Response in Opposition to Motion (12) Docket Text: RESPONSE in Opposition re [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers by Sauer Brands, Inc.. Replies due by 11/16/2020 (Muckenfuss, Robert) |
| Nov 9, 2020 | 128 | Main Document (3) Docket Text: DECLARATION of Robert A. Muckenfuss re [127] Response in Opposition to Motion filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A Excerpts of Deposition Transcripts of B. Sowers)(Muckenfuss, Robert) |
| Nov 9, 2020 | 128 | Exhibit A Excerpts of Deposition Transcripts of B. Sowers (11) |
| Nov 9, 2020 | 129 | Main Document (32) Docket Text: RESPONSE in Opposition re [118] MOTION for Partial Summary Judgment Plaintiff's Memorandum in Opposition to Defendants' Partial Motion for Summary Judgment by Sauer Brands, Inc.. Replies due by 11/16/2020 (Attachments: # (1) Exhibit Sealed - Supplemental Bellefeuille Depo. Excerpts, # (2) Exhibit Sealed - Supplemental Collins Depo. Excerpts, # (3) Exhibit Sealed - Supplemental Defs' Interrogatory Responses, # (4) Exhibit Supplemental Haskell Depo. Excerpts, # (5) Exhibit Sealed - Supplemental Hatcher Depo. Excerpts, # (6) Exhibit Sealed - Supplemental Mack Depo. Excerpts, # (7) Exhibit Sealed - Supplemental Mahon Depo. Excerpts)(Muckenfuss, Robert) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Bellefeuille Depo. Excerpts (1) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Collins Depo. Excerpts (1) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Defs' Interrogatory Responses (1) |
| Nov 9, 2020 | 129 | Exhibit Supplemental Haskell Depo. Excerpts (8) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Hatcher Depo. Excerpts (1) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Mack Depo. Excerpts (1) |
| Nov 9, 2020 | 129 | Exhibit Sealed - Supplemental Mahon Depo. Excerpts (1) |
| Nov 9, 2020 | 130 | Main Document (2) Docket Text: DECLARATION of Alec C. Covington re [129] Response in Opposition to Motion,, filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1 Sealed - Final 2020 AccuPoll Study)(Muckenfuss, Robert) |
| Nov 9, 2020 | 130 | Exhibit 1 Sealed - Final 2020 AccuPoll Study (1) |
| Nov 9, 2020 | 131 | Main Document (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 11/23/2020 (Attachments: # (1) Memorandum Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment, # (2) Exhibit Supplemental Bellefeuille Depo. Excerpts, # (3) Exhibit Supplemental Collins Depo. Excerpts, # (4) Exhibit Supplemental DFP Interrogatory Responses, # (5) Exhibit Supplemental Hatcher Depo. Excerpts, # (6) Exhibit Supplemental Mack Depo. Excerpts, # (7) Exhibit Supplemental Mahon Depo. Excerpts, # (8) Exhibit Exhibit 1 to Covington Declaration (Final 2020 AccuPoll Study) (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Nov 9, 2020 | 131 | Memorandum Memorandum in Opposition to Defendants' Motion for Partial Summa (32) |
| Nov 9, 2020 | 131 | Exhibit Supplemental Bellefeuille Depo. Excerpts (24) |
| Nov 9, 2020 | 131 | Exhibit Supplemental Collins Depo. Excerpts (9) |
| Nov 9, 2020 | 131 | Exhibit Supplemental DFP Interrogatory Responses (18) |
| Nov 9, 2020 | 131 | Exhibit Supplemental Hatcher Depo. Excerpts (10) |
| Nov 9, 2020 | 131 | Exhibit Supplemental Mack Depo. Excerpts (5) |
| Nov 9, 2020 | 131 | Exhibit Supplemental Mahon Depo. Excerpts (5) |
| Nov 9, 2020 | 131 | Exhibit Exhibit 1 to Covington Declaration (Final 2020 AccuPoll Study (132) |
| Nov 9, 2020 | 132 | Main Document (28) Docket Text: RESPONSE in Opposition re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc. by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 11/16/2020 (Attachments: # (1) Declaration of JD Wooten, # (2) Exhibit A - Sauer's Private Label, # (3) Exhibit B - Screenshots from dukesmayo.com, # (4) Exhibit C - Duke's Mayo Products, # (5) Exhibit D - Donohue Depo Excerpts, # (6) Exhibit E - Filed Under Seal, # (7) Exhibit F - de Bellefeuille Depo Excerpts, # (8) Exhibit G - Smart Depo Excerpts, # (9) Exhibit H - Filed Under Seal, # (10) Exhibit I - Filed Under Seal, # (11) Exhibit J - Filed Under Seal, # (12) Exhibit K - Smith Depo Excerpts, # (13) Exhibit L - Filed Under Seal)(Wharton, Jacob) |
| Nov 9, 2020 | 132 | Declaration of JD Wooten (3) |
| Nov 9, 2020 | 132 | Exhibit A - Sauer's Private Label (2) |
| Nov 9, 2020 | 132 | Exhibit B - Screenshots from dukesmayo.com (19) |
| Nov 9, 2020 | 132 | Exhibit C - Duke's Mayo Products (5) |
| Nov 9, 2020 | 132 | Exhibit D - Donohue Depo Excerpts (10) |
| Nov 9, 2020 | 132 | Exhibit E - Filed Under Seal (1) |
| Nov 9, 2020 | 132 | Exhibit F - de Bellefeuille Depo Excerpts (3) |
| Nov 9, 2020 | 132 | Exhibit G - Smart Depo Excerpts (4) |
| Nov 9, 2020 | 132 | Exhibit H - Filed Under Seal (1) |
| Nov 9, 2020 | 132 | Exhibit I - Filed Under Seal (1) |
| Nov 9, 2020 | 132 | Exhibit J - Filed Under Seal (1) |
| Nov 9, 2020 | 132 | Exhibit K - Smith Depo Excerpts (3) |
| Nov 9, 2020 | 132 | Exhibit L - Filed Under Seal (1) |
| Nov 9, 2020 | 134 | Motion to Seal Document (6) Docket Text: MOTION to Seal Document [133] Sealed Response to Motion, by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/23/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Nov 9, 2020 | 135 | Response to Motion (9) Docket Text: RESPONSE to Motion re [112] MOTION to Strike Plaintiff's Jury DemandPlaintiff's Response to Defendants' Motion to Strike Plaintiff's Jury Demand by Sauer Brands, Inc.. Replies due by 11/16/2020 (Muckenfuss, Robert) |
| Oct 29, 2020 | 124 | Order Setting Hearing on Motion (1) Docket Text:AMENDED ORDER and NOTICE Setting Hearing on Motion [117] MOTION to Bifurcate from Jury Trial All Equitable Defenses, [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers , [112] MOTION to Strike Plaintiff's Jury Demand, [118] MOTION for Partial Summary Judgment , [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc., [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers : Motion Hearing reset for 12/8/2020 11:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 10/29/20. (clc) |
| Oct 28, 2020 | 123 | Order Setting Hearing on Motion (1) Docket Text:ORDER and NOTICE Setting Hearing on Motion [117] MOTION to Bifurcate from Jury Trial All Equitable Defenses, [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers , [112] MOTION to Strike Plaintiff's Jury Demand, [118] MOTION for Partial Summary Judgment , [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc., [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers : Motion Hearing set for 12/7/2020 02:00 PM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 10/27/20. (clc) |
| Oct 27, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [101] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/27/2020. (KCA) |
| Oct 27, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [110] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/27/2020. (KCA) |
| Oct 27, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [116] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/27/2020. (KCA) |
| Oct 26, 2020 | 95 | Main Document (3) Docket Text: MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc. by Sauer Brands, Inc.. Responses due by 11/9/2020 (Attachments: # (1) Memorandum Redacted Version, # (2) Exhibit Barbitta Depo. Excerpts, # (3) Exhibit Donohue Depo. Excerpts, # (4) Exhibit Fry Depo. Excerpts, # (5) Exhibit Hatcher Depo. Excerpts, # (6) Exhibit Jameson Depo. Excerpts, # (7) Exhibit Mack Depo. Excerpts, # (8) Exhibit Mahon Depo. Excerpts, # (9) Exhibit Rominger Depo. Excerpts, # (10) Exhibit Sealed - Bellefeuille Depo. Excerpts, # (11) Exhibit Sealed - Collins Depo. Excerpts, # (12) Exhibit Sealed - Defs' Interrogatory Responses, # (13) Exhibit Sealed - DSP Depo. Excerpts, # (14) Exhibit Sealed - Smart Depo. Excerpts, # (15) Exhibit Sealed - Ward Depo. Excerpts, # (16) Exhibit Smith Depo. Excerpts) (Muckenfuss, Robert) |
| Oct 26, 2020 | 95 | Memorandum Redacted Version (34) |
| Oct 26, 2020 | 95 | Exhibit Barbitta Depo. Excerpts (9) |
| Oct 26, 2020 | 95 | Exhibit Donohue Depo. Excerpts (11) |
| Oct 26, 2020 | 95 | Exhibit Fry Depo. Excerpts (17) |
| Oct 26, 2020 | 95 | Exhibit Hatcher Depo. Excerpts (5) |
| Oct 26, 2020 | 95 | Exhibit Jameson Depo. Excerpts (9) |
| Oct 26, 2020 | 95 | Exhibit Mack Depo. Excerpts (7) |
| Oct 26, 2020 | 95 | Exhibit Mahon Depo. Excerpts (6) |
| Oct 26, 2020 | 95 | Exhibit Rominger Depo. Excerpts (9) |
| Oct 26, 2020 | 95 | Exhibit Sealed - Bellefeuille Depo. Excerpts (1) |
| Oct 26, 2020 | 95 | Exhibit Sealed - Collins Depo. Excerpts (1) |
| Oct 26, 2020 | 95 | Exhibit Sealed - Defs' Interrogatory Responses (1) |
| Oct 26, 2020 | 95 | Exhibit Sealed - DSP Depo. Excerpts (1) |
| Oct 26, 2020 | 95 | Exhibit Sealed - Smart Depo. Excerpts (1) |
| Oct 26, 2020 | 95 | Exhibit Sealed - Ward Depo. Excerpts (1) |
| Oct 26, 2020 | 95 | Exhibit Smith Depo. Excerpts (6) |
| Oct 26, 2020 | 96 | Main Document (13) Docket Text: DECLARATION of Tom Barbitta re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc.(Redacted) filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 001 - 1929 Purchase Agreement between Sauer and Eugenia Duke, # (2) Exhibit 002 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 3,600,687, # (3) Exhibit 003 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 1,650,253, # (4) Exhibit 004 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 1,650,276, # (5) Exhibit 005 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 734,661, # (6) Exhibit 006 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 4,005,468, # (7) Exhibit 007 - Partially Sealed - Representative Examples of DUKE'S branded products, # (8) Exhibit 008 - Sealed - Duke's TV & Radio Spend 2012-2015, # (9) Exhibit 009 - Sealed - Duke's Marketing Spend - 2016-2020, # (10) Exhibit 010 - Compilation of Historical DUKE'S Newspaper Advertisements, # (11) Exhibit 011 - Compilation of Additional Historical DUKE'S Advertisements)_Part1, # (12) Exhibit 011 -Compilation of Additional Historical DUKE'S Advertisements_Part2, # (13) Exhibit 011 - Compilation of Additional Historical DUKE'S Advertisements_Part3, # (14) Exhibit 012- Representative Screenshots from dukesmayo.com, # (15) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part1, # (16) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part 2, # (17) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part 3, # (18) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part 4, # (19) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part 5, # (20) Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Part 6, # (21) Exhibit 014 - Representative screenshots from DUKE'S Mayo Instagram Page, # (22) Exhibit 015 - Representative examples of Duke's Contests, # (23) Exhibit 016 - Representative screenshots of Duke's Annual Taste Tour, # (24) Exhibit 017 - Representative examples of Duke's cross-promotions, # (25) Exhibit 018 - Duke's NASCAR and DUKE'S MAYO BOWL sponsorship, # (26) Exhibit 019 - Filed Conventionally - Luke Kuechly Advertisement of DUKE'S MAYO BOWL, # (27) Exhibit 020 - Representative Examples of DUKE'S Fan Art, # (28) Exhibit 021 - Representative examples of Customer Testimonials about DUKE'S_Part1, # (29) Exhibit 021 - Representative examples of Customer Testimonials about DUKE'S_Part2, # (30) Exhibit 022 - Articles Written about Consumer DUKE'S Fan Art, # (31) Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part1, # (32) Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part2, # (33) Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part3, # (34) Exhibit 024 - Unpaid Article in New York Magazine about Duke's, # (35) Exhibit 025 - Chef Testimonials about DUKE'S in Garden & Gun magazine, # (36) Exhibit 026 - Chefs Partnering with Duke's, # (37) Exhibit 027- Unpaid Article from NPR about Duke's, # (38) Exhibit 028 - Unpaid Articles by CNN including DUKE'S, # (39) Exhibit 029 - Unpaid Article in The Washington Post about Duke's, # (40) Exhibit 030 - Unpaid Article in The Wall Street Journal including Duke's, # (41) Exhibit 031 - Unpaid Article in The New York Times about Duke's, # (42) Exhibit 032 - Unpaid Article in Southern Living about the Duke's Mayonnaise Obsession, # (43) Exhibit 033 - Additional Unpaid Article in Southern Living about Consumer Obsession with Duke's Mayonnaise, # (44) Exhibit 034 - Unpaid Article in Houston Chronicle about Duke's, # (45) Exhibit 035 - Unpaid Article in Country Living about Duke's, # (46) Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond-Times Dispatch_Part1, # (47) Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond-Times Dispatch_Part2, # (48) Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond-Times Dispatch_Part3, # (49) Exhibit 037 - Unpaid Article by Huffpost about DUKE'S, # (50) Exhibit 038 - Wikipedia pages for DUKE'S Mayonnaise and Eugenia Duke, # (51) Exhibit 039 - Articles about DUKE'S Mayo Day and South Carolina Public Radio A-Z presentation, # (52) Exhibit 040 - Article about Harris Teeter including DUKE'S in its Carolina Charm Program, # (53) Exhibit 041 - DUKE'S recipes offered at dukesmayo.com_Part1, # (54) Exhibit 041 - DUKE'S recipes offered at dukesmayo.com_Part2, # (55) Exhibit 041- DUKE'S recipes offered at dukesmayo.com_Part3, # (56) Exhibit 041- DUKE'S recipes offered at dukesmayo.com_Part4, # (57) Exhibit 042 - Compilation of Articles about the DUKE'S cookbook, # (58) Exhibit 043 - DUKE'S mayonnaise pouch with pimento cheese recipe, # (59) Exhibit 044 - Southern Kitchen Article with recipes using DUKE'S, # (60) Exhibit 045 - Courier & Press article linking DUKE'S to pimento cheese, # (61) Exhibit 046 - Compilation of newspaper articles linking DUKE'S to pimento cheese, # (62) Exhibit 047 - Delishably article linking DUKE'S to multiple recipes, # (63) Exhibit 048 - Filed Conventionally - Pimento Cheese, Please! Documentary, # (64) Exhibit Index of Exhibits)(Muckenfuss, Robert) |
| Oct 26, 2020 | 96 | Exhibit 001 - 1929 Purchase Agreement between Sauer and Eugenia Duke (10) |
| Oct 26, 2020 | 96 | Exhibit 002 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 3,600,687 (12) |
| Oct 26, 2020 | 96 | Exhibit 003 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 1,650,253 (12) |
| Oct 26, 2020 | 96 | Exhibit 004 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 1,650,276 (13) |
| Oct 26, 2020 | 96 | Exhibit 005 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 734,661 (20) |
| Oct 26, 2020 | 96 | Exhibit 006 - Cert. of Reg. & TSDR for Duke's U.S. Reg. No. 4,005,468 (9) |
| Oct 26, 2020 | 96 | Exhibit 007 - Partially Sealed - Representative Examples of DUKE'S branded (23) |
| Oct 26, 2020 | 96 | Exhibit 008 - Sealed - Duke's TV & Radio Spend 2012-2015 (1) |
| Oct 26, 2020 | 96 | Exhibit 009 - Sealed - Duke's Marketing Spend - 2016-2020 (1) |
| Oct 26, 2020 | 96 | Exhibit 010 - Compilation of Historical DUKE'S Newspaper Advertisements (17) |
| Oct 26, 2020 | 96 | Exhibit 011 - Compilation of Additional Historical DUKE'S Advertisements)_P (19) |
| Oct 26, 2020 | 96 | Exhibit 011 -Compilation of Additional Historical DUKE'S Advertisements_Par (14) |
| Oct 26, 2020 | 96 | Exhibit 011 - Compilation of Additional Historical DUKE'S Advertisements_Pa (7) |
| Oct 26, 2020 | 96 | Exhibit 012- Representative Screenshots from dukesmayo.com (19) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (17) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (16) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (10) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (10) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (16) |
| Oct 26, 2020 | 96 | Exhibit 013 - Representative screenshots from DUKE'S Mayo Facebook Page_Par (9) |
| Oct 26, 2020 | 96 | Exhibit 014 - Representative screenshots from DUKE'S Mayo Instagram Page (6) |
| Oct 26, 2020 | 96 | Exhibit 015 - Representative examples of Duke's Contests (3) |
| Oct 26, 2020 | 96 | Exhibit 016 - Representative screenshots of Duke's Annual Taste Tour (8) |
| Oct 26, 2020 | 96 | Exhibit 017 - Representative examples of Duke's cross-promotions (11) |
| Oct 26, 2020 | 96 | Exhibit 018 - Duke's NASCAR and DUKE'S MAYO BOWL sponsorship (4) |
| Oct 26, 2020 | 96 | Exhibit 019 - Filed Conventionally - Luke Kuechly Advertisement of DUKE'S M (1) |
| Oct 26, 2020 | 96 | Exhibit 020 - Representative Examples of DUKE'S Fan Art (11) |
| Oct 26, 2020 | 96 | Exhibit 021 - Representative examples of Customer Testimonials about DUKE'S (25) |
| Oct 26, 2020 | 96 | Exhibit 021 - Representative examples of Customer Testimonials about DUKE'S (12) |
| Oct 26, 2020 | 96 | Exhibit 022 - Articles Written about Consumer DUKE'S Fan Art (9) |
| Oct 26, 2020 | 96 | Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part1 (10) |
| Oct 26, 2020 | 96 | Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part2 (7) |
| Oct 26, 2020 | 96 | Exhibit 023 - Untraditional Examples of Consumer Devotion to Duke's_Part3 (1) |
| Oct 26, 2020 | 96 | Exhibit 024 - Unpaid Article in New York Magazine about Duke's (2) |
| Oct 26, 2020 | 96 | Exhibit 025 - Chef Testimonials about DUKE'S in Garden & Gun magazine (4) |
| Oct 26, 2020 | 96 | Exhibit 026 - Chefs Partnering with Duke's (14) |
| Oct 26, 2020 | 96 | Exhibit 027- Unpaid Article from NPR about Duke's (6) |
| Oct 26, 2020 | 96 | Exhibit 028 - Unpaid Articles by CNN including DUKE'S (4) |
| Oct 26, 2020 | 96 | Exhibit 029 - Unpaid Article in The Washington Post about Duke's (4) |
| Oct 26, 2020 | 96 | Exhibit 030 - Unpaid Article in The Wall Street Journal including Duke's (4) |
| Oct 26, 2020 | 96 | Exhibit 031 - Unpaid Article in The New York Times about Duke's (3) |
| Oct 26, 2020 | 96 | Exhibit 032 - Unpaid Article in Southern Living about the Duke's Mayonnaise (3) |
| Oct 26, 2020 | 96 | Exhibit 033 - Additional Unpaid Article in Southern Living about Consumer Obses (2) |
| Oct 26, 2020 | 96 | Exhibit 034 - Unpaid Article in Houston Chronicle about Duke's (4) |
| Oct 26, 2020 | 96 | Exhibit 035 - Unpaid Article in Country Living about Duke's (5) |
| Oct 26, 2020 | 96 | Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond- (3) |
| Oct 26, 2020 | 96 | Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond- (11) |
| Oct 26, 2020 | 96 | Exhibit 036 - Unpaid Articles in The Chicago Tribune, Cloud Times, and Richmond- (2) |
| Oct 26, 2020 | 96 | Exhibit 037 - Unpaid Article by Huffpost about DUKE'S (4) |
| Oct 26, 2020 | 96 | Exhibit 038 - Wikipedia pages for DUKE'S Mayonnaise and Eugenia Duke (4) |
| Oct 26, 2020 | 96 | Exhibit 039 - Articles about DUKE'S Mayo Day and South Carolina Public Radi (6) |
| Oct 26, 2020 | 96 | Exhibit 040 - Article about Harris Teeter including DUKE'S in its Carolina (4) |
| Oct 26, 2020 | 96 | Exhibit 041 - DUKE'S recipes offered at dukesmayo.com_Part1 (16) |
| Oct 26, 2020 | 96 | Exhibit 041 - DUKE'S recipes offered at dukesmayo.com_Part2 (15) |
| Oct 26, 2020 | 96 | Exhibit 041- DUKE'S recipes offered at dukesmayo.com_Part3 (16) |
| Oct 26, 2020 | 96 | Exhibit 041- DUKE'S recipes offered at dukesmayo.com_Part4 (12) |
| Oct 26, 2020 | 96 | Exhibit 042 - Compilation of Articles about the DUKE'S cookbook (8) |
| Oct 26, 2020 | 96 | Exhibit 043 - DUKE'S mayonnaise pouch with pimento cheese recipe (3) |
| Oct 26, 2020 | 96 | Exhibit 044 - Southern Kitchen Article with recipes using DUKE'S (17) |
| Oct 26, 2020 | 96 | Exhibit 045 - Courier & Press article linking DUKE'S to pimento cheese (7) |
| Oct 26, 2020 | 96 | Exhibit 046 - Compilation of newspaper articles linking DUKE'S to pimento c (4) |
| Oct 26, 2020 | 96 | Exhibit 047 - Delishably article linking DUKE'S to multiple recipes (7) |
| Oct 26, 2020 | 96 | Exhibit 048 - Filed Conventionally - Pimento Cheese, Please! Documentary (1) |
| Oct 26, 2020 | 96 | Exhibit Index of Exhibits (4) |
| Oct 26, 2020 | 97 | Main Document (5) Docket Text: DECLARATION of Edward Rominger re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc.(Redacted) filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 001 - Screenshot of Duke's Company Store from 2001, # (2) Exhibit 002 - Sealed - Duke's Food Service Customer List, # (3) Exhibit 003 - Sealed - Duke's Retail Sales of DUKE'S Products from 2010-2019, # (4) Exhibit Index of Exhibits)(Muckenfuss, Robert) |
| Oct 26, 2020 | 97 | Exhibit 001 - Screenshot of Duke's Company Store from 2001 (2) |
| Oct 26, 2020 | 97 | Exhibit 002 - Sealed - Duke's Food Service Customer List (1) |
| Oct 26, 2020 | 97 | Exhibit 003 - Sealed - Duke's Retail Sales of DUKE'S Products from 201 (1) |
| Oct 26, 2020 | 97 | Exhibit Index of Exhibits (1) |
| Oct 26, 2020 | 98 | Main Document (3) Docket Text: DECLARATION of Larry Smith re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc.(Redacted) filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 001 - Sealed - Duke's Food Service Product List), # (2) Exhibit 002 - Sealed - Plaintiff's Food Service Sales Presentation, # (3) Exhibit Index of Exhibits)(Muckenfuss, Robert) |
| Oct 26, 2020 | 98 | Exhibit 001 - Sealed - Duke's Food Service Product List) (1) |
| Oct 26, 2020 | 98 | Exhibit 002 - Sealed - Plaintiff's Food Service Sales Presentation (1) |
| Oct 26, 2020 | 98 | Exhibit Index of Exhibits (1) |
| Oct 26, 2020 | 99 | Main Document (1) Docket Text: DECLARATION of Patty Warthan re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc. filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 001 - Actual Confusion Email from Mildred A., # (2) Exhibit 002 - Actual Confusion Email from Lynwood L., # (3) Exhibit 003 - Actual Confusion Email from Blanche L., # (4) Exhibit 004 - Actual Confusion Email from Jackie S., # (5) Exhibit 005 - Actual Confusion Email from Ann, # (6) Exhibit 006 - Actual Confusion Email from Laura F., # (7) Exhibit 007 - Actual Confusion Email from Tracy B., # (8) Exhibit 008 - Actual Confusion Email from Barbara B., # (9) Exhibit 009 - Actual Confusion Email from Beth E., # (10) Exhibit 010 - Actual Confusion Email from Dianne Y., # (11) Exhibit 011 - Actual Confusion Email from Penny M., # (12) Exhibit 012 - Actual Confusion Email from Toni A., # (13) Exhibit 013 - Actual Confusion Email from Sally, # (14) Exhibit 014 - Actual Confusion Email from Sarah D., # (15) Exhibit 015 - Actual Confusion Email from Rosemarie B., # (16) Exhibit 016 - Actual Confusion Email from Bill P., # (17) Exhibit 017 - Actual Confusion Email from Mary Kay T., # (18) Exhibit 018 - Actual Confusion Email from Robin S., # (19) Exhibit 019 - Actual Confusion Email from Judy C., # (20) Exhibit 020 - Actual Confusion Email from Robin E., # (21) Exhibit 021 - Actual Confusion Email from Wanda D., # (22) Exhibit Index of Exhibits)(Muckenfuss, Robert) |
| Oct 26, 2020 | 99 | Exhibit 001 - Actual Confusion Email from Mildred A. (2) |
| Oct 26, 2020 | 99 | Exhibit 002 - Actual Confusion Email from Lynwood L. (2) |
| Oct 26, 2020 | 99 | Exhibit 003 - Actual Confusion Email from Blanche L. (2) |
| Oct 26, 2020 | 99 | Exhibit 004 - Actual Confusion Email from Jackie S. (2) |
| Oct 26, 2020 | 99 | Exhibit 005 - Actual Confusion Email from Ann (2) |
| Oct 26, 2020 | 99 | Exhibit 006 - Actual Confusion Email from Laura F. (2) |
| Oct 26, 2020 | 99 | Exhibit 007 - Actual Confusion Email from Tracy B. (2) |
| Oct 26, 2020 | 99 | Exhibit 008 - Actual Confusion Email from Barbara B. (2) |
| Oct 26, 2020 | 99 | Exhibit 009 - Actual Confusion Email from Beth E. (2) |
| Oct 26, 2020 | 99 | Exhibit 010 - Actual Confusion Email from Dianne Y. (2) |
| Oct 26, 2020 | 99 | Exhibit 011 - Actual Confusion Email from Penny M. (2) |
| Oct 26, 2020 | 99 | Exhibit 012 - Actual Confusion Email from Toni A. (2) |
| Oct 26, 2020 | 99 | Exhibit 013 - Actual Confusion Email from Sally (2) |
| Oct 26, 2020 | 99 | Exhibit 014 - Actual Confusion Email from Sarah D. (2) |
| Oct 26, 2020 | 99 | Exhibit 015 - Actual Confusion Email from Rosemarie B. (2) |
| Oct 26, 2020 | 99 | Exhibit 016 - Actual Confusion Email from Bill P. (2) |
| Oct 26, 2020 | 99 | Exhibit 017 - Actual Confusion Email from Mary Kay T. (2) |
| Oct 26, 2020 | 99 | Exhibit 018 - Actual Confusion Email from Robin S. (2) |
| Oct 26, 2020 | 99 | Exhibit 019 - Actual Confusion Email from Judy C. (2) |
| Oct 26, 2020 | 99 | Exhibit 020 - Actual Confusion Email from Robin E. (2) |
| Oct 26, 2020 | 99 | Exhibit 021 - Actual Confusion Email from Wanda D. (2) |
| Oct 26, 2020 | 99 | Exhibit Index of Exhibits (2) |
| Oct 26, 2020 | 100 | Main Document (8) Docket Text: DECLARATION of Robert A. Muckenfuss re [95] MOTION for Partial Summary Judgment Against Defendant Duke Sandwich Productions, Inc. filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A - Sealed - DSPs Internal Document Showing Reason for Adopting of Scripted Font, # (2) Exhibit B - Sealed - DSPs Internal Document Showing Inspiration for Color Selection, # (3) Exhibit C - Sealed - February 8, 2018 Email from Chris Collins to Bill Donohue Re new Duke packaging, # (4) Exhibit D - Sealed - February 2018 from Chris Collins to DSP employees Re Duke Packaging Concept #3, # (5) Exhibit E - Sealed - DSP sales presentation titled DSP titled Duke Branded Spread Program, # (6) Exhibit F - Sealed - DSP sales presentation (untitled), # (7) Exhibit G - Sealed - January 16, 2019 DSP email and sales presentation, # (8) Exhibit H - Sealed - May 20, 2019 Email Distributing DSPs sales presentation and sales presentation sent, # (9) Exhibit I - Sealed - Additional January 16, 2019 Email regarding DSPs sales presentation, # (10) Exhibit J - Sealed - May 23, 2019 Email sending DSPs sales presentation and the sales presentation sent, # (11) Exhibit K - DSP sales presentation provided to Food Lion in Fall 2019, # (12) Exhibit L - Additional DSP sales presentation provided to Food Lion in Fall 2019, # (13) Exhibit M - Sealed - Example of DSPs advertisements using DUKE FOODS, # (14) Exhibit N - June 2017 Article from DSP's website titled The Cult of Duke's, # (15) Exhibit O - Sealed - May 2018 Email Evidencing Actual Confusion by Distributor and Business Customer, # (16) Exhibit P - South Carolina Secretary of States Record of DSPs Incorporation in 2006, # (17) Exhibit Q - Compilation of DSPs Use of DFP Sandwich Shops Website and Trademarks, # (18) Exhibit R - 2017 Wingate Article about Andrew Smart, # (19) Exhibit S - DSP's 2018 Launch of dukefoods.com, # (20) Exhibit T - March 2017 Article Announcing Name Change to Duke Foods, # (21) Exhibit U - April 2017 Articles Announcing Creation of Duke Brands, # (22) Exhibit V - September 2018 Article Announcing Launch of DSP's Centennial Packaging, # (23) Exhibit W - April 10, 2019 Cease and Desist Letter from Dukes to Defendants, # (24) Exhibit X - October 9, 2019 email from DSP to former employee K.F., # (25) Exhibit Y - May 14, 2019 Letter from DSPs Counsel to former employee R.J., # (26) Exhibit Z - Sealed - July 2020 Email about Actual Confusion by the Media, # (27) Exhibit AA - July 10, 2020 Facebook Post by Defendants' of Article Containing Actual Confusion, # (28) Exhibit BB - Article evidencing actual confusion, posted on visitgreenville.com, # (29) Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part1, # (30) Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part2, # (31) Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part3, # (32) Exhibit DD - Private Investigator Report and Pictures of Defendants' Products in Stores_Part1, # (33) Exhibit DD - Private Investigator Report and Pictures of Defendants' Products in Stores_Part2, # (34) Exhibit DD - Private Investigator Report and Pictures of Defendants' Products in Stores_Part3, # (35) Exhibit EE - Compilation of third-party brands used with multiple types of food products_Part1, # (36) Exhibit EE - Compilation of third-party brands used with multiple types of food products_Part2, # (37) Exhibit EE - Compilation of third-party brands used with multiple types of food products_Part3, # (38) Exhibit EE - Compilation of third-party brands used with multiple types of food products_Part4, # (39) Exhibit EE - Compilation of third-party brands used with multiple types of food products_Part5, # (40) Exhibit FF - Compilation of documents showing DSPs partnership with Hidden Valley and Texas Pete_Part1, # (41) Exhibit FF - Compilation of documents showing DSPs partnership with Hidden Valley and Texas Pete_Part2, # (42) Exhibit GG - Sealed - Actual Confusion Submitted through DSP's Online Inquiry Form, # (43) Exhibit HH - Emanate Brands Website Describing DSP's 2017 Rebrand, # (44) Exhibit II - Compilation of actual confusion by the media about DSP's unrelated lawsuit, # (45) Exhibit JJ - Actual confusion evidence in an article published by Food Republic, # (46) Exhibit KK - Actual confusion evidence in an article published by Post and Courier, # (47) Exhibit LL- Compilation of actual confusion evidence on social media_Part1, # (48) Exhibit LL - Compilation of actual confusion evidence on social media_Part2, # (49) Exhibit MM - Actual confusion evidence on Twitter amongst trademark practitioners, # (50) Exhibit NN - Sealed - October 2006 DSP Newsletter, # (51) Exhibit PP - August 7, 2019 Email Requesting Correction of Article Confusing Duke's with DSP, # (52) Exhibit QQ - DSP's DUKE logos for Buffalo Chicken Dip, # (53) Exhibit RR - Examples of DSPs use of DUKE FOODS on product packaging, # (54) Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at dukefoods.com_Part1, # (55) Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at dukefoods.com_Part2, # (56) Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at dukefoods.com_Part3, # (57) Exhibit TT - Screen-captures of DSPs use of DUKE BRANDS on webpages hosted at dukebrands.com_Part1, # (58) Exhibit TT - Screen-captures of DSPs use of DUKE BRANDS on webpages hosted at dukebrands.com_Part2, # (59) Exhibit UU - Sealed - Rendering of poster using DUKE BRANDS, # (60) Exhibit VV - Sealed - DSPs presentation regarding IDDBA trade show, # (61) Exhibit WW - Screen-captures of DSPs use of compound DUKE FOODS-BRANDS mark, # (62) Exhibit Index of Exhibits)(Muckenfuss, Robert) |
| Oct 26, 2020 | 100 | Exhibit A - Sealed - DSPs Internal Document Showing Reason for Adopting of Scrip (1) |
| Oct 26, 2020 | 100 | Exhibit B - Sealed - DSPs Internal Document Showing Inspiration for Color Select (1) |
| Oct 26, 2020 | 100 | Exhibit C - Sealed - February 8, 2018 Email from Chris Collins to Bill Donohue R (1) |
| Oct 26, 2020 | 100 | Exhibit D - Sealed - February 2018 from Chris Collins to DSP employees Re Duke P (1) |
| Oct 26, 2020 | 100 | Exhibit E - Sealed - DSP sales presentation titled DSP titled Duke Branded Sprea (1) |
| Oct 26, 2020 | 100 | Exhibit F - Sealed - DSP sales presentation (untitled) (1) |
| Oct 26, 2020 | 100 | Exhibit G - Sealed - January 16, 2019 DSP email and sales presentation (1) |
| Oct 26, 2020 | 100 | Exhibit H - Sealed - May 20, 2019 Email Distributing DSPs sales presentation and (1) |
| Oct 26, 2020 | 100 | Exhibit I - Sealed - Additional January 16, 2019 Email regarding DSPs sales pres (1) |
| Oct 26, 2020 | 100 | Exhibit J - Sealed - May 23, 2019 Email sending DSPs sales presentation and the (1) |
| Oct 26, 2020 | 100 | Exhibit K - DSP sales presentation provided to Food Lion in Fall 2019 (9) |
| Oct 26, 2020 | 100 | Exhibit L - Additional DSP sales presentation provided to Food Lion in Fall 2019 (12) |
| Oct 26, 2020 | 100 | Exhibit M - Sealed - Example of DSPs advertisements using DUKE FOODS (1) |
| Oct 26, 2020 | 100 | Exhibit N - June 2017 Article from DSP's website titled The Cult of Duke� (4) |
| Oct 26, 2020 | 100 | Exhibit O - Sealed - May 2018 Email Evidencing Actual Confusion by Distributor a (1) |
| Oct 26, 2020 | 100 | Exhibit P - South Carolina Secretary of States Record of DSPs Incorporation in (2) |
| Oct 26, 2020 | 100 | Exhibit Q - Compilation of DSPs Use of DFP Sandwich Shops Website and Trademarks (9) |
| Oct 26, 2020 | 100 | Exhibit R - 2017 Wingate Article about Andrew Smart (5) |
| Oct 26, 2020 | 100 | Exhibit S - DSP's 2018 Launch of dukefoods.com (2) |
| Oct 26, 2020 | 100 | Exhibit T - March 2017 Article Announcing Name Change to Duke Foods (2) |
| Oct 26, 2020 | 100 | Exhibit U - April 2017 Articles Announcing Creation of Duke Brands (3) |
| Oct 26, 2020 | 100 | Exhibit V - September 2018 Article Announcing Launch of DSP's Centennial Pa (2) |
| Oct 26, 2020 | 100 | Exhibit W - April 10, 2019 Cease and Desist Letter from Dukes to Defendants (4) |
| Oct 26, 2020 | 100 | Exhibit X - October 9, 2019 email from DSP to former employee K.F. (3) |
| Oct 26, 2020 | 100 | Exhibit Y - May 14, 2019 Letter from DSPs Counsel to former employee R.J. (3) |
| Oct 26, 2020 | 100 | Exhibit Z - Sealed - July 2020 Email about Actual Confusion by the Media (1) |
| Oct 26, 2020 | 100 | Exhibit AA - July 10, 2020 Facebook Post by Defendants' of Article Containi (2) |
| Oct 26, 2020 | 100 | Exhibit BB - Article evidencing actual confusion, posted on visitgreenville.com (3) |
| Oct 26, 2020 | 100 | Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part1 (98) |
| Oct 26, 2020 | 100 | Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part2 (311) |
| Oct 26, 2020 | 100 | Exhibit CC - Report of Duke's Survey Expert Brian Sowers_Part3 (6) |
| Oct 26, 2020 | 100 | Exhibit DD - Private Investigator Report and Pictures of Defendants' Produc (22) |
| Oct 26, 2020 | 100 | Exhibit DD - Private Investigator Report and Pictures of Defendants' Produc (19) |
| Oct 26, 2020 | 100 | Exhibit DD - Private Investigator Report and Pictures of Defendants' Produc (14) |
| Oct 26, 2020 | 100 | Exhibit EE - Compilation of third-party brands used with multiple types of food (15) |
| Oct 26, 2020 | 100 | Exhibit EE - Compilation of third-party brands used with multiple types of food (14) |
| Oct 26, 2020 | 100 | Exhibit EE - Compilation of third-party brands used with multiple types of food (14) |
| Oct 26, 2020 | 100 | Exhibit EE - Compilation of third-party brands used with multiple types of food (13) |
| Oct 26, 2020 | 100 | Exhibit EE - Compilation of third-party brands used with multiple types of food (1) |
| Oct 26, 2020 | 100 | Exhibit FF - Compilation of documents showing DSPs partnership with Hidden Valle (16) |
| Oct 26, 2020 | 100 | Exhibit FF - Compilation of documents showing DSPs partnership with Hidden Valle (8) |
| Oct 26, 2020 | 100 | Exhibit GG - Sealed - Actual Confusion Submitted through DSP's Online Inqui (1) |
| Oct 26, 2020 | 100 | Exhibit HH - Emanate Brands Website Describing DSP's 2017 Rebrand (5) |
| Oct 26, 2020 | 100 | Exhibit II - Compilation of actual confusion by the media about DSP's unrel (7) |
| Oct 26, 2020 | 100 | Exhibit JJ - Actual confusion evidence in an article published by Food Republic (4) |
| Oct 26, 2020 | 100 | Exhibit KK - Actual confusion evidence in an article published by Post and Couri (4) |
| Oct 26, 2020 | 100 | Exhibit LL- Compilation of actual confusion evidence on social media_Part1 (4) |
| Oct 26, 2020 | 100 | Exhibit LL - Compilation of actual confusion evidence on social media_Part2 (4) |
| Oct 26, 2020 | 100 | Exhibit MM - Actual confusion evidence on Twitter amongst trademark practitioner (3) |
| Oct 26, 2020 | 100 | Exhibit NN - Sealed - October 2006 DSP Newsletter (1) |
| Oct 26, 2020 | 100 | Exhibit PP - August 7, 2019 Email Requesting Correction of Article Confusing Duk (2) |
| Oct 26, 2020 | 100 | Exhibit QQ - DSP's DUKE logos for Buffalo Chicken Dip (6) |
| Oct 26, 2020 | 100 | Exhibit RR - Examples of DSPs use of DUKE FOODS on product packaging (6) |
| Oct 26, 2020 | 100 | Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at duk (13) |
| Oct 26, 2020 | 100 | Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at duk (11) |
| Oct 26, 2020 | 100 | Exhibit SS - Screen-captures of DSPs use of DUKE FOODS on webpages hosted at duk (4) |
| Oct 26, 2020 | 100 | Exhibit TT - Screen-captures of DSPs use of DUKE BRANDS on webpages hosted at du (13) |
| Oct 26, 2020 | 100 | Exhibit TT - Screen-captures of DSPs use of DUKE BRANDS on webpages hosted at du (7) |
| Oct 26, 2020 | 100 | Exhibit UU - Sealed - Rendering of poster using DUKE BRANDS (1) |
| Oct 26, 2020 | 100 | Exhibit VV - Sealed - DSPs presentation regarding IDDBA trade show (1) |
| Oct 26, 2020 | 100 | Exhibit WW - Screen-captures of DSPs use of compound DUKE FOODS-BRANDS mark (2) |
| Oct 26, 2020 | 100 | Exhibit Index of Exhibits (7) |
| Oct 26, 2020 | 101 | Retired Event Motion to Seal (4) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 11/9/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Oct 26, 2020 | 108 | Main Document (3) Docket Text: MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers by Sauer Brands, Inc.. Responses due by 11/9/2020 (Attachments: # (1) Memorandum, # (2) Proposed Order) (Muckenfuss, Robert). Modified on 10/27/2020 to remove referral (mek). |
| Oct 26, 2020 | 108 | Memorandum (12) |
| Oct 26, 2020 | 108 | Proposed Order (1) |
| Oct 26, 2020 | 109 | Main Document (4) Docket Text: DECLARATION of Alec C. Covington re [108] MOTION Plaintiff's Motion to Exclude Testimony of Defendants' Expert Graham Rogers filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A - Sealed - Expert Report of G. Rogers, # (2) Exhibit B - Sealed - Rogers Depo Excerpts, # (3) Exhibit C- Sealed - Smart Depo Excerpts, # (4) Exhibit D - Sealed - Mahon Depo Excerpts, # (5) Exhibit E - Concepcion Depo Excerpts, # (6) Exhibit F- Sealed - Collins Depo Excerpts, # (7) Exhibit G - Sealed - Haskell Depo Excerpts, # (8) Exhibit H - Sealed - Donohue Depo Excerpts, # (9) Exhibit I - Sealed - Exhibit 30 from Collins Depo)(Muckenfuss, Robert) |
| Oct 26, 2020 | 109 | Exhibit A - Sealed - Expert Report of G. Rogers (1) |
| Oct 26, 2020 | 109 | Exhibit B - Sealed - Rogers Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit C- Sealed - Smart Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit D - Sealed - Mahon Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit E - Concepcion Depo Excerpts (4) |
| Oct 26, 2020 | 109 | Exhibit F- Sealed - Collins Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit G - Sealed - Haskell Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit H - Sealed - Donohue Depo Excerpts (1) |
| Oct 26, 2020 | 109 | Exhibit I - Sealed - Exhibit 30 from Collins Depo (1) |
| Oct 26, 2020 | 110 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 11/9/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Oct 26, 2020 | 112 | Motion to Strike (3) Docket Text: MOTION to Strike Plaintiff's Jury Demand by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/9/2020 (Wharton, Jacob) |
| Oct 26, 2020 | 113 | Main Document (10) Docket Text: MEMORANDUM in Support re [112] MOTION to Strike Plaintiff's Jury Demand by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Declaration of Jacob S. Wharton, # (2) Exhibit A - Filed Under Seal, # (3) Exhibit B - Hampton Depo Excerpts)(Wharton, Jacob) (Main Document 113 replaced on 10/27/2020) (tlj). |
| Oct 26, 2020 | 113 | Declaration of Jacob S. Wharton (1) |
| Oct 26, 2020 | 113 | Exhibit A - Filed Under Seal (1) |
| Oct 26, 2020 | 113 | Exhibit B - Hampton Depo Excerpts (9) |
| Oct 26, 2020 | 114 | Motion for Miscellaneous Relief (3) Docket Text: MOTION Motion to Exclude Expert Testimony of Brian M. Sowers by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/9/2020 (Wharton, Jacob). Modified on 10/27/2020 to remove referral (mek). |
| Oct 26, 2020 | 115 | Main Document (14) Docket Text: MEMORANDUM in Support re [114] MOTION Motion to Exclude Expert Testimony of Brian M. Sowers by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Declaration of Jacob S. Wharton, # (2) Exhibit A - Sowers Report, # (3) Exhibit B - Sowers Depo Excerpt, # (4) Exhibit C - Filed Under Seal, # (5) Exhibit D - Filed Under Seal, # (6) Exhibit E - Filed Under Seal)(Wharton, Jacob) (Attachment 2 replaced on 11/9/2020) (tlj). (Attachment 2 replaced on 11/9/2020) (tlj). |
| Oct 26, 2020 | 115 | Declaration of Jacob S. Wharton (2) |
| Oct 26, 2020 | 115 | Exhibit A - Sowers Report (415) |
| Oct 26, 2020 | 115 | Exhibit B - Sowers Depo Excerpt (8) |
| Oct 26, 2020 | 115 | Exhibit C - Filed Under Seal (1) |
| Oct 26, 2020 | 115 | Exhibit D - Filed Under Seal (1) |
| Oct 26, 2020 | 115 | Exhibit E - Filed Under Seal (1) |
| Oct 26, 2020 | 116 | Retired Event Motion to Seal (6) Docket Text: MOTION to Seal Documents by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/9/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Oct 26, 2020 | 117 | Main Document (4) Docket Text: MOTION to Bifurcate from Jury Trial All Equitable Defenses by Sauer Brands, Inc.. Responses due by 11/9/2020 (Attachments: # (1) Memorandum, # (2) Proposed Order) (Muckenfuss, Robert) |
| Oct 26, 2020 | 117 | Memorandum (8) |
| Oct 26, 2020 | 117 | Proposed Order (1) |
| Oct 26, 2020 | 118 | Motion for Partial Summary Judgment (3) Docket Text: MOTION for Partial Summary Judgment by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 11/9/2020 (Wharton, Jacob) |
| Oct 26, 2020 | 119 | Main Document (34) Docket Text: MEMORANDUM in Support re [118] MOTION for Partial Summary Judgment by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Declaration of Andrew Smart, # (2) Exhibit A - Filed Under Seal, # (3) Declaration of Jacob Wharton, # (4) Exhibit A - Smith & Giannasi Depo Excerpts, # (5) Exhibit B - Filed Under Seal, # (6) Exhibit C- Filed Under Seal, # (7) Exhibit D - Filed Under Seal, # (8) Exhibit E - USPTO Search Results, # (9) Exhibit F - USPTO Registrations, # (10) Exhibit G - Filed Under Seal, # (11) Exhibit H - Filed Under Seal, # (12) Exhibit I - Hatcher & Rominger Depo Excerpts, # (13) Exhibit J - Third-Party Use)(Wharton, Jacob) |
| Oct 26, 2020 | 119 | Declaration of Andrew Smart (11) |
| Oct 26, 2020 | 119 | Exhibit A - Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Declaration of Jacob Wharton (2) |
| Oct 26, 2020 | 119 | Exhibit A - Smith & Giannasi Depo Excerpts (15) |
| Oct 26, 2020 | 119 | Exhibit B - Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Exhibit C- Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Exhibit D - Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Exhibit E - USPTO Search Results (6) |
| Oct 26, 2020 | 119 | Exhibit F - USPTO Registrations (56) |
| Oct 26, 2020 | 119 | Exhibit G - Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Exhibit H - Filed Under Seal (1) |
| Oct 26, 2020 | 119 | Exhibit I - Hatcher & Rominger Depo Excerpts (12) |
| Oct 26, 2020 | 119 | Exhibit J - Third-Party Use (77) |
| Oct 23, 2020 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text:TEXT-ONLY ORDER granting [93] Motion to file video Exhibits 19 and 28 to Declaration of Tom Barbitta on CD. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/23/2020. (DLG) |
| Oct 23, 2020 | 93 | Main Document (3) Docket Text: MOTION Plaintiff's Motion for Permission to Conventionally File Select Exhibits by Sauer Brands, Inc.. Responses due by 11/6/2020 (Attachments: # (1) Proposed Order) (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Oct 23, 2020 | 93 | Proposed Order (1) |
| Oct 23, 2020 | 94 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Russ Ferguson on behalf of DFP Sandwich Shops, LLC (Ferguson, Russ) |
| Oct 22, 2020 | 92 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Kelly Anderson Warlich on behalf of Sauer Brands, Inc. (Warlich, Kelly) |
| Sep 28, 2020 | 91 | Order on Motion to Compel (3) Docket Text:ORDER The [58] Combined Motion to Compel Addressing Document Production Deficiencies and Motion for Sanctions Based on Defendants Violation of the Courts Prior Discovery Order is DENIED. The [62] Omnibus Motion to Compel is GRANTED IN PART and DENIED IN PART. Within five days of the date of this Order, Plaintiff shall provide a complete and unredacted copy of the Asset Purchase Agreement. Signed by Magistrate Judge David S. Cayer on 9/28/2020. (mek) |
| Sep 22, 2020 | 90 | Order on Motion to Withdraw (1) Docket Text:ORDER granting [89] Motion to Withdraw Count III - Plaintiff's Dilution Claim. Signed by District Judge Frank D. Whitney on 9/22/20. (clc) |
| Sep 21, 2020 | 89 | Main Document (3) Docket Text: Consent MOTION to Withdraw [1] Complaint,,,, Consent Motion to Voluntarily Withdraw Plaintiff's Dilution Claim by Sauer Brands, Inc.. (Attachments: # (1) Proposed Order) (Muckenfuss, Robert). Modified on 9/22/2020 to remove referral (mek). |
| Sep 21, 2020 | 89 | Proposed Order (1) |
| Sep 16, 2020 | 88 | Order on Motion for Leave to File (2) Docket Text:ORDER denying Plaintiff's [47] Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge David S. Cayer on 9/16/2020. (brl) |
| Sep 11, 2020 | 87 | Order on Motion to Compel (2) Docket Text:ORDER denying [41] Motion to Compel the Supplemental Deposition of Chris Collins and for an Order of Related Relief; and granting [53] Cross-Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 9/11/2020. (mek) Modified text on 9/14/2020 (mek). |
| Sep 8, 2020 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Reset Pretrial Order Deadlines: Motions due by 10/26/2020. Jury Trial RESET for 1/4/2021 09:01 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (mek) |
| Sep 4, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [84] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/4/2020. (DLG) |
| Sep 4, 2020 | 86 | Order on Motion to Continue Other (1) Docket Text:ORDER granting in part and denying in part [80] MOTION to Continue Dispositive Motion Deadline and Trial Date. Dispositive Motion deadline extended to 10/26/2020. Trial setting continued to 1/4/2021. Signed by Magistrate Judge David S. Cayer on 9/4/2020. (mek) |
| Sep 3, 2020 | 83 | Main Document (11) Docket Text: RESPONSE in Opposition re [58] MOTION to Compel MOTION for Sanctions by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 9/10/2020 (Attachments: # (1) Affidavit of Jacob S. Wharton, # (2) Affidavit of John D. Wooten IV, # (3) Exhibit A - Plaintiff's Objections & Responses to Defendants First Set of Interrogatories, # (4) Exhibit B - Defendants' Second Supplemental Interrogatory Responses)(Wharton, Jacob) |
| Sep 3, 2020 | 83 | Affidavit of Jacob S. Wharton (2) |
| Sep 3, 2020 | 83 | Affidavit of John D. Wooten IV (3) |
| Sep 3, 2020 | 83 | Exhibit A - Plaintiff's Objections & Responses to Defendants First Set of I (20) |
| Sep 3, 2020 | 83 | Exhibit B - Defendants' Second Supplemental Interrogatory Responses (62) |
| Sep 3, 2020 | 84 | Retired Event Motion to Seal (4) Docket Text: MOTION to Seal by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. Responses due by 9/17/2020 (Wharton, Jacob). Motions referred to David S. Cayer. Modified on 9/8/2020 to remove attachments re-filed under seal at # 85 (mek). |
| Sep 2, 2020 | 82 | Report of Mediation (2) Docket Text: REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Owens, Raymond) |
| Sep 1, 2020 | 80 | Motion to Continue Other (6) Docket Text: MOTION to Continue Dispositive Motion Deadline and Trial Date by Sauer Brands, Inc.. Responses due by 9/15/2020 (Muckenfuss, Robert) |
| Sep 1, 2020 | 81 | Attachment (1) Docket Text: Attachment by Sauer Brands, Inc.. Attachment to [80] Motion to Continue Other Proposed Order on Plaintiff's Motion for Continuance of Dispositive Motion Deadline and Trial Date (Muckenfuss, Robert) |
| Aug 28, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [78] Motion to Seal. SO ORDERED. Entered by Magistrate Judge David S. Cayer on 8/28/2020. (KCA) |
| Aug 28, 2020 | 76 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [47] MOTION for Leave to File Plaintiff's Motion for Leave to File First Amended ComplaintPlaintiff's Reply in Support of Plaintiff's Motion for Leave to File First Amended Complaint by Sauer Brands, Inc.. (Muckenfuss, Robert) |
| Aug 28, 2020 | 77 | Declaration (2) Docket Text: DECLARATION of Robert A. Muckenfuss re [76] Reply to Response to Motion, filed by Sauer Brands, Inc. (Muckenfuss, Robert) |
| Aug 28, 2020 | 78 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 9/11/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 27, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [74] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/27/2020. (DLG) |
| Aug 26, 2020 | 72 | Main Document (8) Docket Text: RESPONSE in Opposition re [62] MOTION to Compel Plaintiff's Response in Opposition to Defendants' Omnibus Motion to Compel by Sauer Brands, Inc.. Replies due by 9/2/2020 (Attachments: # (1) Exhibit 1 Declaration of Amanda DeFord, # (2) Exhibit A to Declaration of Amanda DeFord -Phone Records, # (3) Exhibit B to Declaration of Amanda DeFord-Real Time Phone Search, # (4) Exhibit 2 August 19, 2020 Email from L. Wheatley to J. Wharton, # (5) Exhibit 3 Documents Produced, # (6) Exhibit 4 PDF Spreadsheet of Documents Produced)(Muckenfuss, Robert) |
| Aug 26, 2020 | 72 | Exhibit 1 Declaration of Amanda DeFord (3) |
| Aug 26, 2020 | 72 | Exhibit A to Declaration of Amanda DeFord -Phone Records (3) |
| Aug 26, 2020 | 72 | Exhibit B to Declaration of Amanda DeFord-Real Time Phone Search (2) |
| Aug 26, 2020 | 72 | Exhibit 2 August 19, 2020 Email from L. Wheatley to J. Wharton (4) |
| Aug 26, 2020 | 72 | Exhibit 3 Documents Produced (5) |
| Aug 26, 2020 | 72 | Exhibit 4 PDF Spreadsheet of Documents Produced (4) |
| Aug 26, 2020 | 73 | Main Document (8) Docket Text: Supplemental Memorandum by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. as to [62] MOTION to Compel by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Declaration of Jacob Wharton, # (2) Exhibit G - Aug 20-21, 2020 Emails)(Wharton, Jacob) |
| Aug 26, 2020 | 73 | Declaration of Jacob Wharton (2) |
| Aug 26, 2020 | 73 | Exhibit G - Aug 20-21, 2020 Emails (4) |
| Aug 26, 2020 | 74 | Retired Event Motion to Seal (4) Docket Text: MOTION to Seal by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 9/9/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Aug 25, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [68] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/25/2020. (DLG) |
| Aug 25, 2020 | 70 | Notice (Other) (3) Docket Text: NOTICE of Supplemental Declaration of Jesus Concepcion by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. re [53] MOTION for Protective Order (Wharton, Jacob) |
| Aug 24, 2020 | 67 | Main Document (13) Docket Text: RESPONSE in Opposition re [47] MOTION for Leave to File Plaintiff's Motion for Leave to File First Amended Complaint by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 8/31/2020 (Attachments: # (1) Declaration of Andrew Smart, # (2) Declaration of Jacob Wharton)(Wharton, Jacob) |
| Aug 24, 2020 | 67 | Declaration of Andrew Smart (2) |
| Aug 24, 2020 | 67 | Declaration of Jacob Wharton (2) |
| Aug 24, 2020 | 68 | Retired Event Motion to Seal (6) Docket Text: MOTION to Seal by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 9/8/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Aug 23, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [65] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/23/2020. (DLG) |
| Aug 21, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [60] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/21/2020. (DLG) |
| Aug 21, 2020 | 63 | Supplemental Memorandum (6) Docket Text: Supplemental Memorandum by Sauer Brands, Inc. as to [58] MOTION to Compel MOTION for Sanctions by Sauer Brands, Inc.. (Muckenfuss, Robert) |
| Aug 21, 2020 | 64 | Main Document (2) Docket Text: DECLARATION of Robert A. Muckenfuss re [63] Supplemental Memorandum filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1 August 20, 2020 Email from Jake Wharton serving discovery responses, # (2) Exhibit 2 August 20, 2020 Email from Jake Wharton making document production)(Muckenfuss, Robert) |
| Aug 21, 2020 | 64 | Exhibit 1 August 20, 2020 Email from Jake Wharton serving discovery responses (3) |
| Aug 21, 2020 | 64 | Exhibit 2 August 20, 2020 Email from Jake Wharton making document production (3) |
| Aug 21, 2020 | 65 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 9/4/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 20, 2020 | 58 | Main Document (4) Docket Text: MOTION to Compel , MOTION for Sanctions by Sauer Brands, Inc.. Responses due by 9/3/2020 (Attachments: # (1) Memorandum, # (2) Proposed Order) (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 20, 2020 | 58 | Memorandum (15) |
| Aug 20, 2020 | 58 | Proposed Order (2) |
| Aug 20, 2020 | 59 | Main Document (4) Docket Text: DECLARATION of Robert A. Muckenfuss re [58] MOTION to Compel MOTION for Sanctions filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1 Defendants' Objections and Responses to Sauer's First Set of Request for Production, # (2) Exhibit 2 March 9, 2020 Email from Wharton to DeFord, # (3) Exhibit 3 April 22, 2020 Follow-up letter, # (4) Exhibit 4 July 30, 2020 Deficiency Letter, # (5) Exhibit 5 August 2020 Email Chain, # (6) Exhibit 7 August 15 Email, # (7) Exhibit 8 Excerpts from Wharton' s August 18, 2020 letter, # (8) Exhibit 10 February 28, 2020 Email from DeFord to Wharton, # (9) Exhibit 12 2019 Email that Jesus Sent, # (10) Exhibit 13 Duke's First Set of Request for Production)(Muckenfuss, Robert) |
| Aug 20, 2020 | 59 | Exhibit 1 Defendants' Objections and Responses to Sauer's First Set of (30) |
| Aug 20, 2020 | 59 | Exhibit 2 March 9, 2020 Email from Wharton to DeFord (4) |
| Aug 20, 2020 | 59 | Exhibit 3 April 22, 2020 Follow-up letter (6) |
| Aug 20, 2020 | 59 | Exhibit 4 July 30, 2020 Deficiency Letter (5) |
| Aug 20, 2020 | 59 | Exhibit 5 August 2020 Email Chain (7) |
| Aug 20, 2020 | 59 | Exhibit 7 August 15 Email (3) |
| Aug 20, 2020 | 59 | Exhibit 8 Excerpts from Wharton' s August 18, 2020 letter (3) |
| Aug 20, 2020 | 59 | Exhibit 10 February 28, 2020 Email from DeFord to Wharton (5) |
| Aug 20, 2020 | 59 | Exhibit 12 2019 Email that Jesus Sent (3) |
| Aug 20, 2020 | 59 | Exhibit 13 Duke's First Set of Request for Production (11) |
| Aug 20, 2020 | 60 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 9/3/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 20, 2020 | 62 | Main Document (9) Docket Text: MOTION to Compel by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 9/3/2020 (Attachments: # (1) Declaration of Jacob Wharton) (Wharton, Jacob). Motions referred to David S. Cayer. |
| Aug 20, 2020 | 62 | Declaration of Jacob Wharton (15) |
| Aug 19, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [56] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/19/2020. (DLG) |
| Aug 18, 2020 | 54 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition re [53] MOTION for Protective Order Plaintiff's Opposition in Response to Defendants' Cross-Motion for Protective Order by Sauer Brands, Inc.. Replies due by 8/25/2020 (Muckenfuss, Robert) |
| Aug 18, 2020 | 55 | Main Document (2) Docket Text: DECLARATION of Robert A. Muckenfuss re [54] Response in Opposition to Motion filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 5 July 30 202 Email from J. Wharton to R. Muckenfuss)(Muckenfuss, Robert) |
| Aug 18, 2020 | 55 | Exhibit 5 July 30 202 Email from J. Wharton to R. Muckenfuss (2) |
| Aug 18, 2020 | 56 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 9/1/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 11, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [49] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/11/2020. (DLG) |
| Aug 11, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [51] Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/11/2020. (DLG) |
| Aug 10, 2020 | 47 | Main Document (3) Docket Text: MOTION for Leave to File Plaintiff's Motion for Leave to File First Amended Complaint by Sauer Brands, Inc.. Responses due by 8/24/2020 (Attachments: # (1) Memorandum, # (2) Proposed Order) (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 10, 2020 | 47 | Memorandum (9) |
| Aug 10, 2020 | 47 | Proposed Order (1) |
| Aug 10, 2020 | 48 | Main Document (2) Docket Text: DECLARATION of Robert A. Muckenfuss re [47] MOTION for Leave to File Plaintiff's Motion for Leave to File First Amended Complaint filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A Plaintiff's First Amended Complaint)(Muckenfuss, Robert) |
| Aug 10, 2020 | 48 | Exhibit A Plaintiff's First Amended Complaint (33) |
| Aug 10, 2020 | 49 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 8/24/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Aug 10, 2020 | 51 | Retired Event Motion to Seal (5) Docket Text: MOTION to Seal by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 8/24/2020 (Wharton, Jacob). Motions referred to David S. Cayer. |
| Aug 10, 2020 | 53 | Main Document (12) Docket Text: Motion for Protective Order and RESPONSE in Opposition re [41] MOTION to Compel The Supplemental Deposition of Chris Collins and For an Order of Related Relief by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. Replies due by 8/17/2020 (Attachments: # (1) Exhibit A - Plaintiff's Discovery Requests, # (2) Exhibit B - Plaintiff's 30(b)(6) Notices)(Wharton, Jacob) Modified event type and text on 8/18/2020 (ams). |
| Aug 10, 2020 | 53 | Exhibit A - Plaintiff's Discovery Requests (24) |
| Aug 10, 2020 | 53 | Exhibit B - Plaintiff's 30(b)(6) Notices (27) |
| Jul 31, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [46] Motion for Extension of Time to File Response/Reply re [41] MOTION to Compel The Supplemental Deposition of Chris Collins and For an Order of Related Relief. Responses due by 8/10/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/31/2020. (DLG) |
| Jul 31, 2020 | 46 | Motion for Extension of Time (4) Docket Text: Consent MOTION for Extension of Time to File Response/Reply re: [41] MOTION to Compel The Supplemental Deposition of Chris Collins and For an Order of Related Relief by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 8/14/2020 (Kim, Minnie). Motions referred to David S. Cayer. |
| Jul 17, 2020 | N/A | Order on Motion to Seal (0) Docket Text:TEXT-ONLY ORDER granting [40] Motion to Seal. Entered by Magistrate Judge David S. Cayer on 7/17/2020. (KCA) |
| Jul 17, 2020 | 40 | Retired Event Motion to Seal (3) Docket Text: MOTION to Seal by Sauer Brands, Inc.. Responses due by 7/31/2020 (Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Jul 17, 2020 | 41 | Main Document (3) Docket Text: MOTION to Compel The Supplemental Deposition of Chris Collins and For an Order of Related Relief by Sauer Brands, Inc.. Responses due by 7/31/2020 (Attachments: # (1) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Jul 17, 2020 | 41 | Proposed Order (2) |
| Jul 17, 2020 | 43 | Main Document (2) Docket Text: DECLARATION of Robert A. Muckenfuss re [41] MOTION to Compel The Supplemental Deposition of Chris Collins and For an Order of Related Relief filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit A Plaintiff's Supplemental Initial Disclosures)(Muckenfuss, Robert) |
| Jul 17, 2020 | 43 | Exhibit A Plaintiff's Supplemental Initial Disclosures (10) |
| Jul 2, 2020 | 39 | Order on Motion to Quash (2) Docket Text: ORDER The [29] Joint Motion to Quash Subpoenas is GRANTED IN PART and DENIED IN PART that is, GRANTED as to the Mullens Subpoena which is QUASHED, and DENIED as to the Falfurrias Subpoena; and the Plaintiff's [32] Motion to Compel and Defendants' [31] Motion for Protective Order (document #31) are GRANTED IN PART and DENIED IN PART as more fully set forth herein. Signed by Magistrate Judge David S. Cayer on 7/2/2020. (mek) |
| Jun 23, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [35] Motion for Extension of Time of Scheduling Order Deadlines. Plaintiff's expert reports are due 7/24/2020. Defendants' expert reports are due 8/21/20. Rebuttal expert reports are due 9/4/2020. SO ORDERED. Entered by Magistrate Judge David S. Cayer on 6/23/2020. (KCA) |
| Jun 23, 2020 | 36 | Main Document (12) Docket Text: RESPONSE in Opposition re [32] MOTION to Compel by DFP Sandwich Shops, LLC, Duke Sandwich Productions, Inc.. Replies due by 6/30/2020 (Attachments: # (1) Affidavit Declaration of Jacob S. Wharton)(Wharton, Jacob) |
| Jun 23, 2020 | 36 | Affidavit Declaration of Jacob S. Wharton (2) |
| Jun 23, 2020 | 37 | Response in Opposition to Motion (12) Docket Text: RESPONSE in Opposition re [31] MOTION for Protective Order by Sauer Brands, Inc.. Replies due by 6/30/2020 (Muckenfuss, Robert) |
| Jun 23, 2020 | 38 | Main Document (3) Docket Text: DECLARATION of Robert A. Muckenfuss re [37] Response in Opposition to Motion filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1 March 4, 2020 Email, # (2) Exhibit 2 April 7, 2020 Email, # (3) Exhibit 3 May 5, 2020 Email, # (4) Exhibit 4 May 21, 2020 Letter, # (5) Exhibit 5 June 1, 2020 Letter, # (6) Exhibit 6 June 2, 2020 Email and Amended Deposition Notices, # (7) Exhibit 7 June 2, 2020 Email and June 3, 2020 Letter, # (8) Exhibit 8 June 4, 2020 Email from L. Wheatley, # (9) Exhibit 9 June 4, 2020 Email from R. Muckenfuss, # (10) Exhibit 10 June 4, 2020 Email from R. Muckenfuss, # (11) Exhibit 11 Copies of Defendants' online statements indicating Defendants remain Open during COVID-19, # (12) Exhibit 12 International Workplace Group-Regus COVID-19 Policy, # (13) Exhibit 13 TSG Reporting, Inc.'s COVID-19 Policy)(Muckenfuss, Robert) |
| Jun 23, 2020 | 38 | Exhibit 1 March 4, 2020 Email (5) |
| Jun 23, 2020 | 38 | Exhibit 2 April 7, 2020 Email (17) |
| Jun 23, 2020 | 38 | Exhibit 3 May 5, 2020 Email (4) |
| Jun 23, 2020 | 38 | Exhibit 4 May 21, 2020 Letter (3) |
| Jun 23, 2020 | 38 | Exhibit 5 June 1, 2020 Letter (2) |
| Jun 23, 2020 | 38 | Exhibit 6 June 2, 2020 Email and Amended Deposition Notices (20) |
| Jun 23, 2020 | 38 | Exhibit 7 June 2, 2020 Email and June 3, 2020 Letter (5) |
| Jun 23, 2020 | 38 | Exhibit 8 June 4, 2020 Email from L. Wheatley (3) |
| Jun 23, 2020 | 38 | Exhibit 9 June 4, 2020 Email from R. Muckenfuss (4) |
| Jun 23, 2020 | 38 | Exhibit 10 June 4, 2020 Email from R. Muckenfuss (6) |
| Jun 23, 2020 | 38 | Exhibit 11 Copies of Defendants' online statements indicating Defendants re (11) |
| Jun 23, 2020 | 38 | Exhibit 12 International Workplace Group-Regus COVID-19 Policy (8) |
| Jun 23, 2020 | 38 | Exhibit 13 TSG Reporting, Inc.'s COVID-19 Policy (3) |
| Jun 18, 2020 | 35 | Main Document (4) Docket Text: Consent MOTION for Extension of Time Of Expert Discovery Deadlines by Sauer Brands, Inc.. Responses due by 7/2/2020 (Attachments: # (1) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Jun 18, 2020 | 35 | Proposed Order (1) |
| Jun 16, 2020 | 34 | Main Document (12) Docket Text: RESPONSE in Opposition re [29] Joint MOTION to Quash Subpoenas by Duke Brands, Duke Sandwich Productions, Inc.. Replies due by 6/23/2020 (Attachments: # (1) Exhibit A - June 12 2020 Letter to Williams Mullen, # (2) Exhibit B - June 8 2020 Letter to Plaintiff Counsel)(Wharton, Jacob) |
| Jun 16, 2020 | 34 | Exhibit A - June 12 2020 Letter to Williams Mullen (3) |
| Jun 16, 2020 | 34 | Exhibit B - June 8 2020 Letter to Plaintiff Counsel (6) |
| Jun 9, 2020 | 31 | Main Document (11) Docket Text: MOTION for Protective Order by Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 6/23/2020 (Attachments: # (1) Affidavit Declaration of Jacob S Wharton, # (2) Exhibit A - June 4, 2020 Email, # (3) Exhibit B - Post Courier Article, # (4) Exhibit C - Greenville COVID-19 Stats, # (5) Exhibit D - WHO Criteria, # (6) Exhibit Ex E - May 21, 2020 Letter., # (7) Exhibit F - June 1, 2020 Letter, # (8) Exhibit G - June 2, 2020 Email., # (9) Exhibit H - Notices of Deposition, # (10) Exhibit June 3, 2020 Letter)(Wharton, Jacob). Motions referred to David S. Cayer. |
| Jun 9, 2020 | 31 | Affidavit Declaration of Jacob S Wharton (2) |
| Jun 9, 2020 | 31 | Exhibit A - June 4, 2020 Email (2) |
| Jun 9, 2020 | 31 | Exhibit B - Post Courier Article (6) |
| Jun 9, 2020 | 31 | Exhibit C - Greenville COVID-19 Stats (5) |
| Jun 9, 2020 | 31 | Exhibit D - WHO Criteria (4) |
| Jun 9, 2020 | 31 | Exhibit Ex E - May 21, 2020 Letter. (3) |
| Jun 9, 2020 | 31 | Exhibit F - June 1, 2020 Letter (2) |
| Jun 9, 2020 | 31 | Exhibit G - June 2, 2020 Email. (2) |
| Jun 9, 2020 | 31 | Exhibit H - Notices of Deposition (19) |
| Jun 9, 2020 | 31 | Exhibit June 3, 2020 Letter (3) |
| Jun 9, 2020 | 32 | Main Document (3) Docket Text: MOTION to Compel by Sauer Brands, Inc.. Responses due by 6/23/2020 (Attachments: # (1) Memorandum, # (2) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Jun 9, 2020 | 32 | Memorandum (13) |
| Jun 9, 2020 | 32 | Proposed Order (2) |
| Jun 9, 2020 | 33 | Main Document (3) Docket Text: DECLARATION of Robert A. Muckenfuss re [32] MOTION to Compel filed by Sauer Brands, Inc. (Attachments: # (1) Exhibit 1 Dukes First Set of Interrogatories, # (2) Exhibit 2 Defendants Original Objections and Responses to Plaintiffs First Set of Interrogatories, # (3) Exhibit 3 May 6, 2020 letter from Jake Wharton,, # (4) Exhibit 4 May 14, 2020 email from Jake Wharton, # (5) Exhibit 5 May 20, 2020 email from Jake Wharton re, # (6) Exhibit 6 Defendants Supplemental Objections and Responses to Plaintiffs First Set of Interrogatories, # (7) Exhibit 7 April 7, 2020 email from Lucy Wheatley, # (8) Exhibit 8 May 5, 2020 email from Jake Wharton, # (9) Exhibit 9 June 1, 2020 letter from Jake Wharton, # (10) Exhibit 10 June 2, 2020 email from Lucy Wheatley, # (11) Exhibit 11 June 3, 2020 letter from Jake Wharton, # (12) Exhibit 12 June 4, 2020 email from Robert Muckenfuss, # (13) Exhibit 13 May 21, 2020 letter from Jake Wharton)(Muckenfuss, Robert) |
| Jun 9, 2020 | 33 | Exhibit 1 Dukes First Set of Interrogatories (10) |
| Jun 9, 2020 | 33 | Exhibit 2 Defendants Original Objections and Responses to Plaintiffs First Set o (26) |
| Jun 9, 2020 | 33 | Exhibit 3 May 6, 2020 letter from Jake Wharton, (3) |
| Jun 9, 2020 | 33 | Exhibit 4 May 14, 2020 email from Jake Wharton (5) |
| Jun 9, 2020 | 33 | Exhibit 5 May 20, 2020 email from Jake Wharton re (2) |
| Jun 9, 2020 | 33 | Exhibit 6 Defendants Supplemental Objections and Responses to Plaintiffs First S (32) |
| Jun 9, 2020 | 33 | Exhibit 7 April 7, 2020 email from Lucy Wheatley (2) |
| Jun 9, 2020 | 33 | Exhibit 8 May 5, 2020 email from Jake Wharton (4) |
| Jun 9, 2020 | 33 | Exhibit 9 June 1, 2020 letter from Jake Wharton (2) |
| Jun 9, 2020 | 33 | Exhibit 10 June 2, 2020 email from Lucy Wheatley (2) |
| Jun 9, 2020 | 33 | Exhibit 11 June 3, 2020 letter from Jake Wharton (3) |
| Jun 9, 2020 | 33 | Exhibit 12 June 4, 2020 email from Robert Muckenfuss (7) |
| Jun 9, 2020 | 33 | Exhibit 13 May 21, 2020 letter from Jake Wharton (3) |
| Jun 5, 2020 | 30 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Minnie Kim on behalf of All Defendants (Kim, Minnie) |
| Jun 2, 2020 | 29 | Main Document (3) Docket Text: Joint MOTION to Quash Subpoenas by Sauer Brands, Inc.. Responses due by 6/16/2020 (Attachments: # (1) Memorandum, # (2) Exhibit A Subpoena to Williams Mullen, # (3) Exhibit B Subpoena to Falfurrias Capital Partners, # (4) Exhibit C Letter to Jake Wharton)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Jun 2, 2020 | 29 | Memorandum (12) |
| Jun 2, 2020 | 29 | Exhibit A Subpoena to Williams Mullen (8) |
| Jun 2, 2020 | 29 | Exhibit B Subpoena to Falfurrias Capital Partners (8) |
| Jun 2, 2020 | 29 | Exhibit C Letter to Jake Wharton (3) |
| Mar 18, 2020 | 28 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Alexander Carter Covington on behalf of Sauer Brands, Inc. (Covington, Alexander) |
| Feb 28, 2020 | 25 | Main Document (3) Docket Text: Joint MOTION for Protective Order by Sauer Brands, Inc.. Responses due by 3/13/2020 (Attachments: # (1) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Feb 28, 2020 | 25 | Proposed Order (5) |
| Feb 28, 2020 | 26 | Stipulation (14) Docket Text: STIPULATION re Initial Scheduling Order Entry - Judge Whitney, Stipulation Regarding Discovery of Electronically Stored Information by Sauer Brands, Inc. (Muckenfuss, Robert) |
| Feb 28, 2020 | 27 | Protective Order (5) Docket Text:JOINT PROTECTIVE ORDER re [25] Joint MOTION for Protective Order. Signed by Magistrate Judge David S. Cayer on 2/28/2020. (mek) |
| Feb 20, 2020 | 24 | Scheduling Order (14) Docket Text:Pretrial Order and Case Management Plan: Estimated Trial Time: five (5) days. Discovery due by 8/20/2020. Motions due by 9/17/2020. Mediation deadline set for 9/3/2020. Jury Trial set for 11/2/2020 09:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney. Signed by Chief Judge Frank D. Whitney on 2/20/2020. (brj) Modified dispositive motions deadline on 2/24/2020 (brl). |
| Jan 31, 2020 | 23 | Certification of Initial Attorneys Conference and Discovery Plan (5) Docket Text: Joint CERTIFICATION of initial attorney conference and discovery plan (Muckenfuss, Robert) |
| Jan 27, 2020 | 22 | Notice of Substitution of Counsel (2) Docket Text: Notice of Substitution of Counsel by Matthew J. Ladenheim on behalf of Duke Sandwich Productions, Inc., Attorney John D. Wooten, IV; Pressly M. Millen and Jacob Steven Wharton terminated. (Ladenheim, Matthew) |
| Jan 14, 2020 | N/A | Notice to Conduct Initial Attorneys Conference (0) Docket Text: NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 2/3/2020. (brl) |
| Jan 9, 2020 | 21 | Answer to Complaint (30) Docket Text: ANSWER to [1] Complaint,,,, and Affirmative Defenses by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc..(Wharton, Jacob) |
| Jan 7, 2020 | 20 | Order on Motion to Dismiss (11) Docket Text:ORDER denying [15] Motion to Dismiss or, in the alternative, Transfer. Signed by Chief Judge Frank D. Whitney on 1/6/2020. (brj) |
| Dec 13, 2019 | 19 | Main Document (6) Docket Text: REPLY to Response to Motion re [15] MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Affidavit Declaration of John D. Wooten IV, # (2) Exhibit Ex A - Private Equity Firm to Greenville Family Business: "Put Up Your Dukes", # (3) Exhibit Ex B - Duke's Mayonnaise sues Duke's Foods, claims company copied label colors, misleading customers, # (4) Exhibit Ex C - Our History - Duke's Mayonnaise)(Wharton, Jacob) |
| Dec 13, 2019 | 19 | Affidavit Declaration of John D. Wooten IV (2) |
| Dec 13, 2019 | 19 | Exhibit Ex A - Private Equity Firm to Greenville Family Business: "Put Up (9) |
| Dec 13, 2019 | 19 | Exhibit Ex B - Duke's Mayonnaise sues Duke's Foods, claims company cop (4) |
| Dec 13, 2019 | 19 | Exhibit Ex C - Our History - Duke's Mayonnaise (3) |
| Dec 6, 2019 | 18 | Main Document (20) Docket Text: MEMORANDUM in Opposition re [15] MOTION to Dismiss or, in the Alternative, to Transfer by Sauer Brands, Inc.. Replies due by 12/13/2019 (Attachments: # (1) Affidavit B. Lovette, # (2) Affidavit E. Rominger, # (3) Affidavit M. Hewlett, # (4) Affidavit L. Wheatley, # (5) Exhibit A to Wheatley Decl., # (6) Exhibit B to Wheatley Decl.)(Muckenfuss, Robert) |
| Dec 6, 2019 | 18 | Affidavit B. Lovette (5) |
| Dec 6, 2019 | 18 | Affidavit E. Rominger (4) |
| Dec 6, 2019 | 18 | Affidavit M. Hewlett (3) |
| Dec 6, 2019 | 18 | Affidavit L. Wheatley (3) |
| Dec 6, 2019 | 18 | Exhibit A to Wheatley Decl. (3) |
| Dec 6, 2019 | 18 | Exhibit B to Wheatley Decl. (7) |
| Nov 21, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [17] Motion for Extension of Time to File Response/Reply re [15] MOTION to Dismiss or, in the Alternative, to Transfer. Responses due by 12/6/2019. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/21/2019. (DLG) |
| Nov 21, 2019 | 17 | Main Document (4) Docket Text: Consent MOTION for Extension of Time to File Response/Reply re: [15] MOTION to Dismiss or, in the Alternative, to Transfer by Sauer Brands, Inc.. Responses due by 12/5/2019 (Attachments: # (1) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Nov 21, 2019 | 17 | Proposed Order (1) |
| Nov 19, 2019 | 14 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by John D. Wooten, IV on behalf of All Defendants (Wooten, John) |
| Nov 19, 2019 | 15 | Motion to Dismiss (2) Docket Text: MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 12/3/2019 (Wharton, Jacob) |
| Nov 19, 2019 | 16 | Main Document (10) Docket Text: MEMORANDUM in Support re [15] MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: # (1) Affidavit Declaration of Andrew Smart.)(Wharton, Jacob) (Attachment 1 replaced on 11/20/2019) (brj). |
| Nov 19, 2019 | 16 | Affidavit Declaration of Andrew Smart. (3) |
| Oct 30, 2019 | 13 | Order on Motion for Extension of Time (2) Docket Text:ORDER granting [12] Motion for Extension of Time to Answer re [1] Complaint. DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. answer due 11/19/2019. Signed by Magistrate Judge David S. Cayer on 10/29/19. (tob) |
| Oct 29, 2019 | 12 | Motion for Extension of Time (2) Docket Text: Consent MOTION for Extension of Time to Answer re: [1] Complaint,,,, by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob). Motions referred to David S. Cayer. |
| Oct 24, 2019 | 11 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Pressly M. Millen on behalf of All Defendants (Millen, Pressly) |
| Oct 23, 2019 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Jacob Steven Wharton on behalf of All Defendants (Wharton, Jacob) |
| Oct 22, 2019 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Lucy Jewett Wheatley: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/29/2019. (mek) |
| Oct 22, 2019 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Amanda L. DeFord: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/29/2019. (mek) |
| Oct 22, 2019 | 9 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [7] Motion for Leave to Appear Pro Hac Vice added Lucy Jewett Wheatley for Sauer Brands, Inc.; granting [8] Motion for Leave to Appear Pro Hac Vice added Amanda L. DeFord for Sauer Brands, Inc. Signed by Magistrate Judge David S. Cayer on 10/22/2019. (mek) |
| Oct 18, 2019 | 7 | Main Document (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Lucy Jewett Wheatley Filing fee $ 281, receipt number 0419-4226395. by Sauer Brands, Inc.. (Attachments: # (1) Exhibit A Court Admissions for Lucy Jewett Wheatley, # (2) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Oct 18, 2019 | 7 | Exhibit A Court Admissions for Lucy Jewett Wheatley (2) |
| Oct 18, 2019 | 7 | Proposed Order (1) |
| Oct 18, 2019 | 8 | Main Document (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Amanda L. DeFord Filing fee $ 281, receipt number 0419-4226420. by Sauer Brands, Inc.. (Attachments: # (1) Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. |
| Oct 18, 2019 | 8 | Proposed Order (1) |
| Oct 11, 2019 | 6 | Main Document (3) Docket Text: AFFIDAVIT of Service filed by Sauer Brands, Inc.. DFP Sandwich Shops, LLC served on 10/8/2019, answer due 10/29/2019; Duke Brands served on 10/8/2019, answer due 10/29/2019; Duke Sandwich Productions, Inc. served on 10/8/2019, answer due 10/29/2019. (Attachments: # (1) Exhibit A Acceptance of Service)(Muckenfuss, Robert) |
| Oct 11, 2019 | 6 | Exhibit A Acceptance of Service (2) |
| Oct 7, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef) |
| Oct 7, 2019 | N/A | Initial Scheduling Order Entry - Judge Whitney (0) Docket Text: Clerk's Entry and Service of Initial Scheduling Order and Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef) |
| Oct 7, 2019 | 4 | Main Document (2) Docket Text: Summons Issued Electronically as to DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # (1) Summons, # (2) Summons)(eef) |
| Oct 7, 2019 | 4 | Summons (2) |
| Oct 7, 2019 | 4 | Summons (2) |
| Oct 7, 2019 | 5 | Main Document (1) Docket Text: REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: # (1) Complaint) (eef) |
| Oct 7, 2019 | 5 | Complaint (125) |
| Oct 4, 2019 | 1 | Main Document (28) Docket Text: COMPLAINT against DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4208928), filed by Sauer Brands, Inc. a/k/a DUKE'S. (Attachments: # (1) Exhibit A Photographs of Infringing Products Purchased in Charlotte North Carolina, # (2) Exhibit B 1929 Bill of Sale, # (3) Exhibit C Representative Examples of DUKES Marks, # (4) Exhibit D Certificates of Registration for the DUKES Marks, # (5) Exhibit E Certificates of Registration for the DUKES Marks, # (6) Exhibit F Certificates of Registration for the DUKES Marks, # (7) Exhibit G Certificates of Registration for the DUKES Marks, # (8) Exhibit H Certificates of Registration for the DUKES Marks, # (9) Exhibit I Representative Examples of Fame of DUKES branded products, # (10) Exhibit Representative Example of Actual Confusion, # (11) Exhibit K Screen Shots from Duke's History subpage, # (12) Exhibit L Screen Shots from 100 Years Subpage)(Muckenfuss, Robert) |
| Oct 4, 2019 | 1 | Exhibit A Photographs of Infringing Products Purchased in Charlotte North Caroli (55) |
| Oct 4, 2019 | 1 | Exhibit B 1929 Bill of Sale (10) |
| Oct 4, 2019 | 1 | Exhibit C Representative Examples of DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit D Certificates of Registration for the DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit E Certificates of Registration for the DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit F Certificates of Registration for the DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit G Certificates of Registration for the DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit H Certificates of Registration for the DUKES Marks (2) |
| Oct 4, 2019 | 1 | Exhibit I Representative Examples of Fame of DUKES branded products (12) |
| Oct 4, 2019 | 1 | Exhibit Representative Example of Actual Confusion (4) |
| Oct 4, 2019 | 1 | Exhibit K Screen Shots from Duke's History subpage (2) |
| Oct 4, 2019 | 1 | Exhibit L Screen Shots from 100 Years Subpage (2) |
| Oct 4, 2019 | 2 | Exhibit (2) Docket Text: Exhibit by Sauer Brands, Inc. a/k/a DUKE'S. Exhibit to [1] Complaint,,,, Civil Coversheet (Muckenfuss, Robert) |
| Oct 4, 2019 | 3 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by Sauer Brands, Inc. a/k/a DUKE'S (Muckenfuss, Robert) |
