Case number 2:21-cv-05013
Swedish Match North America LLC et al v. Modoral Brands Inc > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 28, 2023 | 289 | TRANSCRIPT for proceedings held on 11/7/22. Court Reporter/Electronic Court Recorder: miriam baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/18/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/26/2023. (Baird, Miriam) (Entered: 07/28/2023) (0) |
| Jul 28, 2023 | 290 | NOTICE OF FILING TRANSCRIPT filed for proceedings 11/7/22 re Transcript 289 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 07/28/2023) (0) |
| Feb 10, 2023 | 288 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order Granting Joint Stipulation for Dismissal) (gk) (Entered: 02/10/2023) (0) |
| Feb 9, 2023 | 286 | Joint STIPULATION to Dismiss Case pursuant to Settlement Agreement filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Granting Joint Stipulation for Dismissal with Prejudice)(Ridge, Donald) (Entered: 02/09/2023) (0) |
| Feb 9, 2023 | 287 | ORDER GRANTING JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Judge Stanley Blumenfeld, Jr.: Having reviewed the parties' Joint Stipulations for Dismissal with Prejudice 286 , the Court ORDERS that consolidated Case No. 2:20-cv-8729-SB-MRW and Case No. 2:21-cv-5013-SB-MRW are dismissed with prejudice in their entirety, with each party to bear their own costs, expenses, and attorneys' fees, subject to and without waiver of the rights of Modoral Brands Inc. on the one hand, and Kretek International, Inc. and Dryft Sciences, LLC on the other hand, under the 9/15/2020 Asset Purchase Agreement between them. ( Case Terminated. Made JS-6. ) (gk) (Entered: 02/10/2023) (2) |
| Feb 8, 2023 | 285 | (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: In light of the parties' email to the Court on the status of settlement in the Pinkerton 2:20-cv-08729-SB-MRW and Swedish Match 2:21-cv-05013-SB-MRW matters, the Court VACATES the pretrial conferences and jury trials scheduled for February 10 and 13, 2023, in both matters. Should the parties fail to file their anticipated stipulations of dismissal by February 13, 2023, the Court will reschedule the conferences. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 02/08/2023) (0) |
| Feb 3, 2023 | 284 | (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: In light of the parties' e-mail to the Court and the stipulations filed in the Pinkerton 2:20-cv-08729-SB-MRW and Swedish Match 2:21-cv-05013-SB-MRW matters, the Court CONTINUES the pretrial conferences in both matters to February 10, 2023 at 10:00 a.m. in Courtroom 6C. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 02/03/2023) (0) |
| Feb 2, 2023 | 283 | Joint STIPULATION to Continue Pretrial Conference from February 3, 2022 to February 10, 2023 filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Continue Pretrial Conference for One Week)(Ridge, Donald) (Entered: 02/02/2023) (0) |
| Jan 20, 2023 | 282 | MINUTES OF Pretrial Conference held before Judge Stanley Blumenfeld, Jr.: The parties report that they have settled all actions between the parties pending before the Court. The Court continues the Final Pretrial Conference to 2/3/2023 10:00 AM before Judge Stanley Blumenfeld Jr., which will be vacated if a request for dismissal is filed before the conference. If any issues arise, the parties are to notify the Court as soon as possible. Court Reporter: Katie Thibodeaux. (gk) (Entered: 01/23/2023) (1) |
| Jan 13, 2023 | 281 | MINUTES OF Continued Post-Settlement Status Conference (Held and Completed) held before Judge Stanley Blumenfeld, Jr. Cases called and appearances made. Counsel are present remotely via Zoom with the exception of Mr. Ridge, who is present in-person. As stated on the record, the Court informs the parties of the potential necessity to trail the upcoming trial day by day, and advises the parties to inform their witnesses as such. Court Reporter: Miriam Baird. (rolm) (Entered: 01/17/2023) (1) |
| Jan 12, 2023 | 278 | SEALED DOCUMENT Modoral's Motion In Limine #3 re Order on Motion for Leave to File Document Under Seal,, 277 filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Exhibit 1 to Smith Declaration In Support of Motion In Limine #3, # 2 Exhibit 2 to Smith Declaration In Support of Motion In Limine #3, # 3 Exhibit 3 to Smith Declaration In Support of Motion In Limine #3)(Smith, Nicole) (Entered: 01/12/2023) (0) |
| Jan 12, 2023 | 279 | SEALED DOCUMENT Kretek Defendants' and Modoral's Motion In Limine #2 re Order on Motion for Leave to File Document Under Seal,, 276 filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Exhibit A to Prew Declaration In Support of Motion In Limine #2, # 2 Exhibit B to Prew Declaration In Support of Motion In Limine #2, # 3 Exhibit C to Prew Declaration In Support of Motion In Limine #2, # 4 Exhibit D to Prew Declaration In Support of Motion In Limine #2, # 5 Exhibit E to Prew Declaration In Support of Motion In Limine #2, # 6 Exhibit F to Prew Declaration In Support of Motion In Limine #2)(Smith, Nicole) (Entered: 01/12/2023) (0) |
| Jan 12, 2023 | 280 | ORDER GRANTING DEFENDANT KRETEK INTERNATIONAL, INC.'s AND DRYFT SCIENCES, LLC's APPLICATION TO FILE UNDER SEAL TRIAL BRIEF by Judge Stanley Blumenfeld, Jr.: Upon application by the parties [filed under CV 20-08729 SB (MRWx), Doc no. 290], the Court hereby ORDERS that the parties are permitted to file the following portions of the Kretek Defendants' trial brief under seal: Page 2, lines 19-20; Page 3, lines 14-15. (gk) (Entered: 01/12/2023) (2) |
| Jan 10, 2023 | 274 | APPLICATION of Non-Resident Attorney Emmanuel N. Onochie to Appear Pro Hac Vice on behalf of Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34593626) filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear Pro Hac Vice) (Ridge, Donald) (Entered: 01/10/2023) (0) |
| Jan 10, 2023 | 275 | ORDER GRANTING EX PARTE APPLICATION FOR AN ORDER DEEMING PTC BINDERS TIMELY DELIVERED 272 by Judge Stanley Blumenfeld, Jr. Having considered Plaintiffs Ex Parte Application and the Declaration submitted in support thereof for an Order Deeming the PTC Binders timely delivered Pursuant to F.R.C.P. 77, IT IS HEREBY ORDERED that the PTC Binders are deemed timely as of January 6, 2023. (rolm) (Entered: 01/11/2023) (2) |
| Jan 10, 2023 | 276 | ORDER GRANTING APPLICATION FOR LEAVE TO SEAL PORTIONS OF DEFENDANTS MOTION IN LIMINE NO. 2 269 by Judge Stanley Blumenfeld, Jr. Having considered the Application for Leave to Seal Portions of the Kretek Defendants Motion in Limine No. 2, and the documents and papers in support thereof, and WHEREAS there is good cause as set forth in the Application, the Court hereby GRANTS the Application and ORDERS that the parties are permitted to file under seal unredacted versions of motion in limine and Exhibits A-F. IT IS SO ORDERED. (rolm) (Entered: 01/11/2023) (2) |
| Jan 10, 2023 | 277 | ORDER GRANTING MODORALS APPLICATION TO SEAL PORTIONS OF DEFENDANTS MOTION IN LIMINE NO. 3: MODORALS DAUBERT MOTION TO EXCLUDE TESTIMONY OF JOHN C. JAROSZ 264 by Judge Stanley Blumenfeld, Jr. Upon consideration of Modorals Application for Leave to File Under Seal Defendants Motion In Limine No. 3: Modorals Daubert Motion To Exclude Testimony Of John C. Jarosz (the Application), and all of the supporting papers, including the Declaration of Nicole M. Smith, and good cause appearing therefore, this Court GRANTS the Application. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 01/11/2023) (2) |
| Jan 9, 2023 | 272 | EX PARTE APPLICATION for Order for Deeming PTC Binders Timely Delivered filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Granting Ex Parte Application for an Order Deeming PTC Binders Timely Delivered) (Ridge, Donald) (Entered: 01/09/2023) (0) |
| Jan 9, 2023 | 273 | DECLARATION of Donald L. Ridge re APPLICATION to file document Defendant's Motion In Limine No. 3: Modoral's Daubert Motion To Exclude Testimony of John C. Jarosz under seal 264 , APPLICATION to file document Defendant's Motion In Limine No. 2: Daubert Motion to Exclude the Testimony of Dr. Krister Holmberg under seal 269 Declaration of Donald Ridge in Support of Defendants' Applications for Leave to Seal Motions in Limine 2 and 3 filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 01/09/2023) (7) |
| Jan 6, 2023 | 263 | NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony of Bryan M. Haynes filed by Defendant and Counterclaim Plaintiff Modoral Brands Inc.. Motion set for hearing on 1/20/2023 at 10:00 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Declaration of Nicole M. Smith In Support of Defendants' Motion In Limine No. 1: Kretek Defendants' and Modoral's Daubert Motion To Exclude Testimony of Bryan M. Haynes, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order Granting Haynes MIL No. 1, # 5 Proposed Order Denying Haynes MIL No. 1)(Smith, Nicole) (Entered: 01/06/2023) (0) |
| Jan 6, 2023 | 264 | APPLICATION to file document Defendant's Motion In Limine No. 3: Modoral's Daubert Motion To Exclude Testimony of John C. Jarosz under seal filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Proposed Order Re Application to Seal, # 2 Redacted Document Defendant's Motion In Limine No. 3: Modoral's Daubert Motion To Exclude Testimony of John C. Jarosz, # 3 Declaration of Nicole M. Smith ISO Jarosz MIL #3, # 4 Redacted Document Exhibit 1 to Smith Declaration, # 5 Redacted Document Exhibit 2 to Smith Declaration, # 6 Redacted Document Exhibit 3 to Smith Declaration, # 7 Proposed Order Granting MIL #3, # 8 Proposed Order Denying MIL #3)(Smith, Nicole) (Entered: 01/06/2023) (0) |
| Jan 6, 2023 | 265 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendant's Motion In Limine No. 3: Modoral's Daubert Motion To Exclude Testimony of John C. Jarosz under seal 264 filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Unredacted Document, # 2 Unredacted Document, # 3 Unredacted Document, # 4 Unredacted Document)(Smith, Nicole) (Entered: 01/06/2023) (0) |
| Jan 6, 2023 | 266 | TRIAL BRIEF [L.R. 16-10] filed by Defendant and Counterclaim Plaintiff Modoral Brands Inc... (Smith, Nicole) (Entered: 01/06/2023) (14) |
| Jan 6, 2023 | 267 | Proposed Voir Dire Questions filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/06/2023) (18) |
| Jan 6, 2023 | 268 | PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/06/2023) (30) |
| Jan 6, 2023 | 269 | APPLICATION to file document Defendant's Motion In Limine No. 2: Daubert Motion to Exclude the Testimony of Dr. Krister Holmberg under seal filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Proposed Order Granting Application for Leave to File Under Seal, # 2 Redacted Document Redacted Motion in Limine #2, # 3 Declaration of Brian Prew In Support of Motion in Limine #2, # 4 Redacted Document Ex. A In Support of Motion in Limine #2, # 5 Redacted Document Ex. B In Support of Motion in Limine #2, # 6 Redacted Document Ex. C In Support of Motion in Limine #2, # 7 Redacted Document Ex. D In Support of Motion in Limine #2, # 8 Redacted Document Ex. E In Support of Motion in Limine #2, # 9 Redacted Document Ex. F In Support of Motion in Limine #2, # 10 Proposed Order Granting Motion in Limine #2, # 11 Proposed Order Denying Motion in Limine #2)(Smith, Jonathan) (Entered: 01/06/2023) (0) |
| Jan 6, 2023 | 270 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendant's Motion In Limine No. 2: Daubert Motion to Exclude the Testimony of Dr. Krister Holmberg under seal 269 filed by Consol Defendant Modoral Brands Inc., Consol Counter Claimant Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Motion in Limine #2, # 2 Unredacted Document Ex. A In Support of Motion in Limine #2, # 3 Unredacted Document Ex. B In Support of Motion in Limine #2, # 4 Unredacted Document Ex. C In Support of Motion in Limine #2, # 5 Unredacted Document Ex. D In Support of Motion in Limine #2, # 6 Unredacted Document Ex. E In Support of Motion in Limine #2, # 7 Unredacted Document Ex. F In Support of Motion in Limine #2)(Smith, Jonathan) (Entered: 01/06/2023) (0) |
| Jan 6, 2023 | 271 | CERTIFICATE OF SERVICE filed by Defendant and Counterclaim Plaintiff Modoral Brands Inc., re APPLICATION to file document Defendant's Motion In Limine No. 3: Modoral's Daubert Motion To Exclude Testimony of John C. Jarosz under seal 264 served on 1/06/2023. (Smith, Nicole) (Entered: 01/06/2023) (3) |
| Jan 5, 2023 | 254 | STATUS REPORT Joint Status Report Regarding Settlement filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 01/05/2023) (4) |
| Jan 5, 2023 | 255 | TRIAL BRIEF Swedish Match's Trial Brief filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/05/2023) (2) |
| Jan 5, 2023 | 256 | STATEMENT of the Case filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Joint Submission) (Ridge, Donald) (Entered: 01/05/2023) (3) |
| Jan 5, 2023 | 257 | Witness List filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/05/2023) (4) |
| Jan 5, 2023 | 258 | PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/05/2023) (30) |
| Jan 5, 2023 | 259 | PROPOSED JURY VERDICT filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 01/05/2023) (30) |
| Jan 5, 2023 | 260 | PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/05/2023) (30) |
| Jan 5, 2023 | 261 | Joint Exhibit List filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 01/05/2023) (30) |
| Jan 5, 2023 | 262 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Joint Submission) (Attachments: # 1 Final [Proposed] Pretrial Conference Order)(Ridge, Donald) (Entered: 01/05/2023) (0) |
| Dec 23, 2022 | 251 | Notice of Appearance or Withdrawal of Counsel: for attorney Douglas L Clark counsel for Plaintiff Modoral Brands Inc.. Douglas L. Clark is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Modoral Brands, Inc.. (Clark, Douglas) (Entered: 12/23/2022) (2) |
| Dec 23, 2022 | 252 | NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas L Clark counsel for Plaintiff Modoral Brands Inc.. Changing Address and Firm to 7167 Caminito Pantoja, San Diego, CA 92122. Changing Email to douglclark71@gmail.com. Filed by Plaintiff Modoral Brands Inc.. (Clark, Douglas) (Entered: 12/23/2022) (2) |
| Dec 23, 2022 | 253 | NOTICE of Interested Parties filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, identifying Pinkerton Tobacco Co., LP, Swedish Match North America, LLC, NYZ AB, Pinkerton Tobacco Co., LLC, Swedish Match USA, Inc., Swedish Match North Europe AB, Swedish Match AB, Philip Morris Holland Holdings B.V, Philip Morris International, Inc.. (Ridge, Donald) (Entered: 12/23/2022) (1) |
| Dec 21, 2022 | 250 | ORDER by Judge Stanley Blumenfeld, Jr: granting 249 Non-Resident Attorney Jennifer L. Weizenecker APPLICATION to Appear Pro Hac Vice on behalf of Modoral Brands Inc., designating Nicole Marie Smith as local counsel. (lom) (Entered: 12/21/2022) (1) |
| Dec 20, 2022 | 249 | APPLICATION of Non-Resident Attorney Jennifer L. Weizenecker to Appear Pro Hac Vice on behalf of Defendant Modoral Brands Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 12/19/2022, Receipt No. 34502319) filed by Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 12/20/2022) (0) |
| Dec 16, 2022 | 248 | MINUTES OF Continued Post-Settlement Status Conference (Held and Continued) held before Judge Stanley Blumenfeld, Jr. Cases called and appearances made. All parties are present remotely via Zoom. The Court hears from the parties on their settlement efforts and the upcoming trial in this matter, as reflected on the record. The Court continues the post-settlement status conference to 8:30 a.m. on January 13, 2023 via Zoom. The Court orders the parties to engage in further mediation before that date, and to file a further joint status report as to their mediation efforts by no later than 5:00 p.m. on January 6, 2023. Court Reporter: Myra Ponce. (rolm) (Entered: 12/19/2022) (1) |
| Dec 13, 2022 | 246 | ORDER GRANTING DEFENDANTS KRETEK INTERNATIONAL, INC.'S AND DRYFT SCIENCES, LLC'S APPLICATION FOR LEAVE TO FILE UNDER SEAL MEMORANDUM OF CONTENTIONS OF FACTS AND LAWS by Judge Stanley Blumenfeld, Jr.: Defendants' application for leave to file under seal portions of Defendants' Memorandum of Contentions of Facts and Law [filed under CV 20-08729 SB (MRWx), Dkt No. 253] is granted, and the parties are permitted to file under seal unredacted copies of the documents identified in their motion. (gk) (Entered: 12/14/2022) (2) |
| Dec 13, 2022 | 247 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Request for Approval of Substitution of Attorney Franklin D. Kang for Plaintiff, Defendant (terminated), Counter Claimant (terminated), and Counter Defendant Helix Innovations GmbH;Counter Claimant (terminated) wm17 Holding GmbH in place of Attorney John E. Lord 237 . (gk) (Entered: 12/15/2022) (1) |
| Dec 12, 2022 | 244 | (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court is in receipt of the Request for Approval of Substitution of Counsel (Dkt. No. 237 ). Proposed counsel have not submitted a certification that "the substitution of counsel, if allowed, will not cause delay in prosecution of the case to completion." See Local Rule 83-2.3.5. Proposed counsel shall have until 9:00 a.m. on December 14, 2022 to file the certification if counsel is able to truthfully represent that the substitution will not cause delays. Otherwise, current counsel must file a regularly noticed motion requesting substitution and continue to represent his or her client diligently unless and until relieved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | 245 | Notice of Certification of Counsel Regarding Substitution of Attorney filed by plaintiff Helix Innovations GmbH. (Kang, Franklin) (Entered: 12/12/2022) (2) |
| Dec 9, 2022 | 238 | REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Ridge, Donald) (Entered: 12/09/2022) (0) |
| Dec 9, 2022 | 239 | STATUS REPORT Joint Status Report Regarding Settlement filed by Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Counter Defendants NYZ AB, Pinkerton Tobacco Co LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 12/09/2022) (4) |
| Dec 9, 2022 | 240 | Witness List filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 12/09/2022) (26) |
| Dec 9, 2022 | 241 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Modoral Brands Inc.. (Smith, Nicole) (Entered: 12/09/2022) (24) |
| Dec 9, 2022 | 242 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 12/09/2022) (21) |
| Dec 9, 2022 | 243 | Joint Exhibit List filed by Plaintiffs and Counterclaim Defendants NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC.. (Ridge, Donald) (Entered: 12/09/2022) (30) |
| Dec 8, 2022 | 237 | REQUEST TO SUBSTITUTE ATTORNEY Franklin D. Kang in place of attorney John E. Lord filed by plaintiff Helix Innovations GmbH. (Attachments: # 1 Proposed Order) (Lord, John) (Entered: 12/08/2022) (0) |
| Dec 6, 2022 | 236 | ORDER RE: JOINT STIPULATION TO CONSOLIDATE CASES FOR TRIAL by Judge Stanley Blumenfeld, Jr.: Upon Stipulation 234 , IT IS HEREBY ORDERED: (1) Pursuant to Fed. R. Civ. P. 42(a), the Kretek Trade Secret Action (Case No. 2:20-cv-08729-SB-MRWx) and Modoral Action (Case No. 2:21-cv-05013-SB-MRWx) should be consolidated for trial because they share common questions of law and fact; (2) The Modoral Action shall bear the following caption: SWEDISH MATCH NORTH AMERICA LLC, PINKERTON TOBACCO CO., LP, NYZ AB, and HELIX INNOVATIONS GMBH, Plaintiffs and Counterclaim Defendants, v. MODORAL BRANDS INC., Defendant and Counterclaim Plaintiff. (3) All subsequent filings and submissions for the Modoral Action will reflect that Swedish Match, Pinkerton, NYZ, and Helix are plaintiffs and counterclaim defendants and Modoral is defendant and counterclaimant. (gk) (Entered: 12/07/2022) (2) |
| Dec 5, 2022 | 234 | Joint STIPULATION to Consolidate Cases as to 2:20-cv-08729-SB-MRWx filed by Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order re. Joint Stipulation to Consolidate Cases for Trial)(Ridge, Donald) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 235 | TRANSCRIPT ORDER as to Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC for Court Reporter. Court will contact Amanda Melhado-Burke at amelhadoburke@clarkhill.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ridge, Donald) (Entered: 12/05/2022) (2) |
| Nov 23, 2022 | 228 | SEALED NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transcript (CV),, 204 (Moore, Judy) (Entered: 11/23/2022) (0) |
| Nov 23, 2022 | 229 | NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transcript (CV),, 204 (Moore, Judy) (Entered: 11/23/2022) (1) |
| Nov 23, 2022 | 231 | REDACTED TRANSCRIPT for proceedings held on 10/14/2022, re: Transcript 204 . Redaction Request due 12/14/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/21/2023. (Moore, Judy) (Entered: 11/23/2022) (0) |
| Nov 23, 2022 | 232 | NOTICE OF FILING REDACTED TRANSCRIPT filed for proceedings 10/14/2022 10:43 a.m. re Transcript 231 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Moore, Judy) TEXT ONLY ENTRY (Entered: 11/23/2022) (0) |
| Nov 23, 2022 | 233 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney John M. Michalik to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands, Inc., designating Nicole M. Smith as local counsel 223 . (gk) (Entered: 11/23/2022) (1) |
| Nov 16, 2022 | 223 | APPLICATION of Non-Resident Attorney John M. Michalik to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34338302) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 11/16/2022) (0) |
| Nov 15, 2022 | 222 | ORDER GRANTING SWEDISH MATCHS APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE TRANSCRIPT OF PROCEEDINGS FOR MOTION FOR SUMMARY JUDGMENT HEARING by Judge Stanley Blumenfeld, Jr.: IT IS HEREBY ORDERED THAT the Application for Leave to File Under Seal 219 is GRANTED, such that the unredacted transcript, Dkt. No. 220-1, is sealed, and a copy of the transcript redacting the information identified in red boxes in Exhibit A will be available to the public. (gk) (Entered: 11/16/2022) (1) |
| Nov 15, 2022 | 224 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney John M. Walker to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands, Inc., designating Nicole M. Smith as local counsel 216 . (gk) (Entered: 11/16/2022) (1) |
| Nov 15, 2022 | 225 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Jason T. Burnette to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands, Inc., designating Nicole M. Smith as local counsel 217 . (gk) (Entered: 11/16/2022) (1) |
| Nov 15, 2022 | 226 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Gillian R. Schroff Raleigh to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands, Inc., designating Nicole M. Smith as local counsel 215 . (gk) (Entered: 11/16/2022) (1) |
| Nov 15, 2022 | 227 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Bradley W. Harrison to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands, Inc., designating Nicole M. Smith as local counsel 218 . (gk) (Entered: 11/16/2022) (1) |
| Nov 14, 2022 | 215 | APPLICATION of Non-Resident Attorney Gillian Schroff Raleigh to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34317770) filed by plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 216 | APPLICATION of Non-Resident Attorney John M. Walker to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34318234) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 217 | APPLICATION of Non-Resident Attorney Jason T. Burnette to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34318417) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 218 | APPLICATION of Non-Resident Attorney Bradley W. Harrison to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34318562) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 219 | APPLICATION to file document Portions of the Transcript Proceedings for Motion for Summary Judgment Hearing under seal filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Granting Swedish Match's Application for Leave to File Under Seal Portions of the Transcripts of Proceedings for Motion for Summary Judgment Hearing, # 2 Redacted Document Ex. A)(Ridge, Donald) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 220 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of the Transcript Proceedings for Motion for Summary Judgment Hearing under seal 219 filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Unredacted Document Ex.A)(Ridge, Donald) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 221 | CERTIFICATE OF SERVICE filed by Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, re Sealed Declaration in SupportDeclaration,, 220 , APPLICATION to file document Portions of the Transcript Proceedings for Motion for Summary Judgment Hearing under seal 219 served on November 14, 2022. (Ridge, Donald) (Entered: 11/14/2022) (5) |
| Nov 8, 2022 | 211 | NOTICE of Change of Lead Counsel changing lead counsel from Nicole M. Smith to Stephanie E. Parker. filed by Plaintiff, Counterclaim Defendant, and Third Party Defendant Modoral Brands Inc., (Smith, Nicole) (Entered: 11/08/2022) (2) |
| Nov 8, 2022 | 213 | (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court converts the in-person continued post-settlement status conference set for 8:30 a.m. on December 16, 2022 to a remote hearing. Dkt. No. 212 . Instructions for remote appearance can be found on Judge Blumenfeld's webpage. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 11/08/2022) (0) |
| Nov 8, 2022 | 214 | NOTICE of Change of Lead Counsel changing lead counsel from Nicole M. Smith to Stephanie E. Parker. filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc., (Smith, Nicole) (Entered: 11/08/2022) (2) |
| Nov 7, 2022 | 209 | TRANSCRIPT ORDER as to Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC for Court Reporter. Court will contact Amanda Melhado-Burke at amelhadoburke@clarkhill.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ridge, Donald) (Entered: 11/07/2022) (2) |
| Nov 7, 2022 | 210 | TRANSCRIPT ORDER as to Defendants and Counterclaim Plaintiffs Modoral Brands Inc. for Court Reporter. Court will contact Nicole Smith at nmsmith@jonesday.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Smith, Nicole) (Entered: 11/07/2022) (2) |
| Nov 7, 2022 | 212 | MINUTES OF Post-Settlement Status Conference held before Judge Stanley Blumenfeld, Jr.: The Court hears from the parties on their settlement efforts, the upcoming trial in this matter, and other pending litigation, as reflected on the record. The Court continues the Post-Settlement Status Conference to 12/16/2022 08:30 AM before Judge Stanley Blumenfeld Jr. The Court orders the parties to engage in further private mediation before that date, and to file a further joint status report as to their mediation efforts by no later than 12/9/2022. Court Reporter: Miriam Baird. (gk) (Entered: 11/08/2022) (1) |
| Oct 31, 2022 | 208 | NOTICE of Intent to Request Redaction from Judy Moore Court Reporter, filed by Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, re Transcript 204 . (Ridge, Donald) (Entered: 10/31/2022) (1) |
| Oct 27, 2022 | 206 | STATEMENT Regarding Settlement filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC Joint Statement Regarding Settlement (Ridge, Donald) (Entered: 10/27/2022) (3) |
| Oct 27, 2022 | 207 | SEALED - ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 184] (bm) (Entered: 10/27/2022) (0) |
| Oct 26, 2022 | 205 | TRANSCRIPT ORDER as to Interested Party Kretek International, Inc., Dryft Sciences, LLC for Court Reporter. Court will contact Thelma Tannis at tannist@gtlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bloch, David) (Entered: 10/26/2022) (2) |
| Oct 24, 2022 | 204 | TRANSCRIPT for proceedings held on 10/14/2022 10:43 a.m. - 11:13 a.m.. Court Reporter/Electronic Court Recorder: Judy Moore, phone number Judy_moore@cacd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/14/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Moore, Judy) (Entered: 10/24/2022) (0) |
| Oct 18, 2022 | 202 | (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court CONTINUES the Post-Settlement Status Conference in this matter to 8:30 a.m. on November 7, 2022. This hearing will be remote via Zoom, no in-person appearance is necessary. Instructions for remote appearance can be found on Judge Blumenfeld's webpage.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 10/18/2022) (0) |
| Oct 18, 2022 | 203 | TRANSCRIPT ORDER as to Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC for Court Reporter. Court will contact Amanda Melhado-Burke at amelhadoburke@clarkhill.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ridge, Donald) (Entered: 10/18/2022) (2) |
| Oct 17, 2022 | 201 | TRANSCRIPT ORDER as to Plaintiff and Counter Defendant Modoral Brands Inc. for Court Reporter. Court will contact Nicole Smith, Esq. at nmsmith@jonesday.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Smith, Nicole) (Entered: 10/17/2022) (2) |
| Oct 14, 2022 | 200 | MINUTES OF Motion for Summary Judgment 184 (Held and Completed) held before Judge Stanley Blumenfeld, Jr. Case called and appearances made. The Court hears argument from the parties. The Court takes the matter under submission. Court Reporter: Judy Moore. (rolm) (Entered: 10/17/2022) (1) |
| Oct 4, 2022 | 199 | SEALED REPLY RE NOTICE OF MOTION AND MOTION for Summary Judgment as to Swedish Match's Trade Secret Claims brought under CUTSA and the DTSA 184 , Order on Motion for Leave to File Document Under Seal, 198 filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Proof of Service)(Smith, Nicole) (Entered: 10/04/2022) (0) |
| Oct 3, 2022 | 198 | ORDER GRANTING MODORAL BRANDS INC.'S APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Stanley Blumenfeld, Jr.: IT IS HEREBY ORDERED that Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s Application for Leave to File Under Seal Its Reply in Support of Its Motion for Summary Judgment 194 is GRANTED. See document for further details. (gk) (Entered: 10/04/2022) (2) |
| Sep 30, 2022 | 194 | APPLICATION to file document Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s Reply In Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and Joinder in Motion for Summary Judgment under seal filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Proposed Order Granting Modoral Brands Inc.'s Application for Leave to File Under Seal, # 2 Redacted Document Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s Reply In Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and Joinder in Motion for Summary Judgment)(Smith, Nicole) (Entered: 09/30/2022) (0) |
| Sep 30, 2022 | 195 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s Reply In Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and Joinder in Motion for Summary Judgment under sea 194 filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s Reply in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and Joinder in Motion for Summary Judgment)(Smith, Nicole) (Entered: 09/30/2022) (0) |
| Sep 30, 2022 | 196 | PROOF OF SERVICE filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc., re Sealed Declaration in SupportDeclaration,, 195 served on September 30, 2022. (Smith, Nicole) (Entered: 09/30/2022) (3) |
| Sep 29, 2022 | 197 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Gerald R. Ivey to Appear Pro Hac Vice on behalf of Defendants Swedish Match North America LLC, Pinkerton Tobacco Co., LP, NYZ AB, designating Donald L. Ridge as local counsel 188 . (gk) (Entered: 09/30/2022) (1) |
| Sep 23, 2022 | 190 | Joint STIPULATION to Reschedule Deadlines in the Case Management Schedule filed by Defendant and Counterclaim Plaintiffs Pinkerton Tobacco Co., LP. (Attachments: # 1 Proposed Order to Modifying Deadlines in the Case Management Order)(Ridge, Donald) (Entered: 09/23/2022) (0) |
| Sep 23, 2022 | 191 | SEALED DOCUMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Swedish Match's Trade Secret Claims brought under CUTSA and the DTSA 184 , Order on Motion for Leave to File Document Under Seal, 189 filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Joint Appendix of Facts, # 2 Unredacted Document Joint Appendix of Evidence, Part 1 of 9, # 3 Unredacted Document Joint Appendix of Evidence, Part 2 of 9, # 4 Unredacted Document Joint Appendix of Evidence, Part 3 of 9, # 5 Unredacted Document Joint Appendix of Evidence, Part 4 of 9, # 6 Unredacted Document Joint Appendix of Evidence, Part 5 of 9, # 7 Unredacted Document Joint Appendix of Evidence, Part 6 of 9, # 8 Unredacted Document Joint Appendix of Evidence, Part 7 of 9, # 9 Unredacted Document Joint Appendix of Evidence, Part 8 of 9, # 10 Unredacted Document Joint Appendix of Evidence, Part 9 of 9)(Smith, Nicole) (Entered: 09/23/2022) (0) |
| Sep 23, 2022 | 192 | PROOF OF SERVICE filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc., re Sealed Document,,,, 191 served on September 23, 2022. (Smith, Nicole) (Entered: 09/23/2022) (4) |
| Sep 23, 2022 | 193 | ORDER MODIFYING DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Upon Stipulation 190 , the Court hereby modifies the case management order. Expert Discovery Cutoff 10/5/2022. See document for further details. (gk) (Entered: 09/27/2022) (3) |
| Sep 22, 2022 | 188 | APPLICATION of Non-Resident Attorney Gerald R. Ivey to Appear Pro Hac Vice on behalf of Defendant Pinkerton Tobacco Co., LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34034532) filed by Plaintiffs Pinkerton Tobacco Co., LP. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear Pro Hac Vice) (Ridge, Donald) (Entered: 09/22/2022) (0) |
| Sep 22, 2022 | 189 | ORDER GRANTING MODORAL BRANDS INC.'S APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court has reviewed Plaintiff and Counterclaim Defendant Modoral Brands Inc.'s motion to file certain portions of the joint motion for summary judgment and supporting documents under seal 182 . The motion is granted, and the parties are permitted to file under seal unredacted copies of the documents identified in their motion. (gk) (Entered: 09/23/2022) (1) |
| Sep 20, 2022 | 186 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Summary Judgment under seal 182 filed by Defendant Pinkerton Tobacco Co., LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (part 1 of 6), # 4 Exhibit C (part 2 of 6), # 5 Exhibit C (part 3 of 6), # 6 Exhibit C (part 4 of 6), # 7 Exhibit C (part 5 of 6), # 8 Exhibit C (part 6 of 6))(Ridge, Donald) (Entered: 09/20/2022) (0) |
| Sep 20, 2022 | 187 | CERTIFICATE OF SERVICE filed by Defendants and Counterclaim Plaintiffs Pinkerton Tobacco Co., LP, re Sealed Declaration in SupportDeclaration, 186 served on September 20, 2022. (Ridge, Donald) (Entered: 09/20/2022) (3) |
| Sep 16, 2022 | 182 | APPLICATION to file document in Support of Summary Judgment under seal filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Joint Memorandum of Points and Authorities, # 3 Redacted Document Joint Appendix of Facts, # 4 Redacted Document Joint Appendix of Evidence, Part 1 of 9, # 5 Redacted Document Joint Appendix of Evidence, Part 2 of 9, # 6 Redacted Document Joint Appendix of Evidence, Part 3 of 9, # 7 Redacted Document Joint Appendix of Evidence, Part 4 of 9, # 8 Redacted Document Joint Appendix of Evidence, Part 5 of 9, # 9 Redacted Document Joint Appendix of Evidence, Part 6 of 9, # 10 Redacted Document Joint Appendix of Evidence, Part 7 of 9, # 11 Redacted Document Joint Appendix of Evidence, Part 8 of 9, # 12 Redacted Document Joint Appendix of Evidence, Part 9 of 9)(Smith, Nicole) (Entered: 09/16/2022) (0) |
| Sep 16, 2022 | 183 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Summary Judgment under seal 182 filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Declaration of Jeremy Mabe in Support of Motion to Seal, # 2 Unredacted Document Declaration of Sharonda Mustafa in Support of Motion to Seal, # 3 Unredacted Document Joint Memorandum of Points and Authorities, # 4 Unredacted Document Joint Appendix of Facts, # 5 Unredacted Document Joint Appendix of Evidence, Part 1 of 9, # 6 Unredacted Document Joint Appendix of Evidence, Part 2 of 9, # 7 Unredacted Document Joint Appendix of Evidence, Part 3 of 9, # 8 Unredacted Document Joint Appendix of Evidence, Part 4 of 9, # 9 Unredacted Document Joint Appendix of Evidence, Part 5 of 9, # 10 Unredacted Document Joint Appendix of Evidence, Part 6 of 9, # 11 Unredacted Document Joint Appendix of Evidence, Part 7 of 9, # 12 Unredacted Document Joint Appendix of Evidence, Part 8 of 9, # 13 Unredacted Document Joint Appendix of Evidence, Part 9 of 9)(Smith, Nicole) (Entered: 09/16/2022) (0) |
| Sep 16, 2022 | 184 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Swedish Match's Trade Secret Claims brought under CUTSA and the DTSA filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc.. Motion set for hearing on 10/14/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Appendix of Objections, # 2 Proposed Order Modoral's Proposed Order Granting Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, # 3 Proposed Order Swedish Match's Proposed Order Denying Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment, and Notice of Joinder in Motion for Summary Judgment) (Smith, Nicole) (Entered: 09/16/2022) (0) |
| Sep 16, 2022 | 185 | PROOF OF SERVICE filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc., re Sealed Declaration in SupportDeclaration,,,, 183 served on Plaintiff and Counterclaim Defendant. (Smith, Nicole) (Entered: 09/16/2022) (4) |
| Aug 23, 2022 | 181 | Having reviewed the parties joint request to set the hearing on their anticipated motion for summary judgment for October 14, 2022, Dkt. No. 180 , the Court GRANTS the parties request to hold the hearing on that date, provided that the parties file their motion and joint brief by noon on September 16, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY (Entered: 08/23/2022) (0) |
| Aug 22, 2022 | 180 | Joint Request for Setting Hearing on Summary Judgment on October 14, 2022, Or, In the Alternative, Joint Stipulation For Extension Of The October 14, 2022 Cut-Off For Non-Discovery Motions To The First Subsequent Available Date On the Courts Calendar filed by Plaintiff Modoral Brands Inc. (Smith, Nicole) (Entered: 08/22/2022) (9) |
| Aug 9, 2022 | 179 | NOTICE of Appearance filed by attorney Nicholas A Hodges on behalf of Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc. (Attorney Nicholas A Hodges added to party Modoral Brands Inc.(pty:pla), Attorney Nicholas A Hodges added to party Modoral Brands Inc.(pty:cd))(Hodges, Nicholas) (Entered: 08/09/2022) (2) |
| Jul 18, 2022 | 178 | Notice of Appearance or Withdrawal of Counsel: for attorney Douglas L Clark counsel for Plaintiff Modoral Brands Inc.. Adding Douglas L. Clark as counsel of record for Modoral Brands, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff Modoral Brands, Inc.. (Attorney Douglas L Clark added to party Modoral Brands Inc.(pty:pla))(Clark, Douglas) (Entered: 07/18/2022) (2) |
| Apr 27, 2022 | 177 | MINUTES (IN CHAMBERS) ORDER RE: JOINT STIPULATION TO MODIFY DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: On 4/25/2022, the parties filed identical Joint Stipulations requesting that the Court modify dates in the Case Management Order (CMO) 176 in case nos. 2:20-cv-08729-SB-MRWx and 2:21-cv-05013-SB-MRWx. The Court grants in part the parties' Stipulation, and adjusts the dates in the CMO. Jury Trial set for 2/13/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference set for 1/20/2023 10:00 AM before Judge Stanley Blumenfeld Jr. Fact Discovery cut-off 7/29/2022. Discovery Motion Hearing Cutoff 8/19/2022. Non-Discovery Motion Hearing Cutoff 10/14/2022. Settlement Conference Deadline 10/21/2022. Post-Settlement Status Conference set for 11/4/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Trial Filings (1st Set) due by 12/9/2022. Trial Filings (2nd Set) due by 1/6/2023. See document for further details. Court Reporter: N/A. (gk) (Entered: 04/28/2022) (2) |
| Apr 25, 2022 | 176 | Joint STIPULATION for Order Modifying Deadlines in the Case Management Order filed by Plaintiff and Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order Modifying Deadlines in the Case Management Order)(Smith, Nicole) (Entered: 04/25/2022) (0) |
| Mar 10, 2022 | 175 | MINUTE ORDER MODIFYING DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court finds good cause to modify the CMO and hereby adopts the proposed dates in this order. Jury Trial set for 2/13/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference set for 1/20/2023 10:00 AM before Judge Stanley Blumenfeld Jr. Fact Discovery cut-off 6/3/2022. Discovery Motion Hearing Cutoff 6/24/2022. Non-Discovery Motion Hearing Cutoff 9/30/2022. Settlement Conference Deadline 10/14/2022. Post-Settlement Status Conference set for 10/28/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 10/21/2022. Trial Filings (1st Set) due by 12/9/2022. Trial Filings (2nd Set) due by 1/6/2023. See document for further details. Court Reporter: N/A. (gk) (Entered: 03/11/2022) (2) |
| Mar 8, 2022 | 174 | STATUS REPORT Joint Status Report to Modifying Deadlines in the Case Management Order filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order to Modifying Deadlines in the Case Management Order)(Ridge, Donald) (Entered: 03/08/2022) (0) |
| Mar 4, 2022 | 172 | SEALED DOCUMENT Consolidated Reply to Opposition to Motion to Stay re Declaration (Motion related), 161 , Order on Motion for Leave to File Document Under Seal, 171 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Exhibit Exhibit 2 to Sealed Consolidated Reply to Opp to Motion to Stay, # 2 Exhibit Exhibit 3 to Sealed Consolidated Reply to Opp to Motion to Stay, # 3 Exhibit Exhibit 6 to Sealed Consolidated Reply to Opp to Motion to Stay)(Smith, Nicole) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 173 | CERTIFICATE OF SERVICE filed by Plaintiff and Counter Defendant Modoral Brands Inc., re Sealed Document,, 172 Certificate of Service re Sealed Consolidated Reply to Opposition to Motion to Stay served on March 4, 2022. (Smith, Nicole) (Entered: 03/04/2022) (3) |
| Mar 1, 2022 | 169 | NOTICE OF LODGING filed by Defendants and Counterclaim Plaintiffs Swedish Match North America, LLC, Pinkerton Tobacco Co., LP and NYZ AB re Minutes of In Chambers Order/Directive - no proceeding held,,,,, 166 (Attachments: # 1 Proposed Order Blocking Certain Erroneously Filed Exhibits From Public View)(Ridge, Donald) (Entered: 03/01/2022) (0) |
| Mar 1, 2022 | 170 | MINUTES (IN CHAMBERS) ORDER RE: (1) MOTION TO STAY (DKT. NO. 147); AND (2) MOTION FOR ENTRY OF JUDGMENT (DKT NO. 162) AND RELATED REQUEST TO FILE REPLY (DKT No. 164) by Judge Stanley Blumenfeld, Jr. For the reasons stated, the Court DENIES the motion to stay (Dkt. No. 147 ), motion for partial final judgment (Dkt. No. 162 ), and request to file reply (Dkt. No. 164 ). As stated, within seven days of this Order, the parties shall FILE a joint report providing an updated proposed consolidated case schedule for the trade secret-related claims, considering the time lapse between the Markman Order and this Order. (lom) (Entered: 03/01/2022) (11) |
| Mar 1, 2022 | 171 | MINUTES [In Chambers] ORDER RE: CONSOLIDATED APPLICATION FOR LEAVE TO FILE UNDER SEAL REPLY TO OPPOSITION TO MOTION TO STAY AND CERTAIN EXHIBITS TO THE SECOND DECLARATION OF DAVID S. BLOCH 168 by Judge Stanley Blumenfeld, Jr. Accordingly, the Court hereby orders that Exhibits 2, 3, and 6 to Dkt. No. 142-22 be sealed.3 IT IS SO ORDERED. (lom) Modified on 3/2/2022 (lom). (Entered: 03/02/2022) (3) |
| Feb 28, 2022 | 168 | APPLICATION to file document Declaration of Donald Ridge under seal filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Redacted Document, # 2 Unredacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Redacted Document, # 6 Unredacted Document)(Ridge, Donald) (Entered: 02/28/2022) (0) |
| Feb 22, 2022 | 166 | MINUTE ORDER [In Chambers] ORDER RE: CONSOLIDATED APPLICATION FOR LEAVE TO FILE UNDER SEAL REPLY TO OPPOSITION TO MOTION TO STAY AND CERTAIN EXHIBITS TO THE SECOND DECLARATION OF DAVID S. BLOCH by Judge Stanley Blumenfeld, Jr. On February 8, 2022, Kretek International, Inc., Dryft Sciences, LLC, and Modoral Brands Inc. (collectively, Applicants) filed a consolidated application for leave to file under seal portions of their reply brief in support of their motion to stay, as well as certain exhibits attached thereto. Dkt. Nos. 142, 143. The Court hereby orders the Applicants to serve their application upon Swedish Match by not later than February 24, 2022, and to file a proof of service on the same day. Swedish Match's declaration in support of sealing, as required under Local Rule 79-5.2.2.(b)(i), is due not later than February 28, 2022. Swedish Match is also reminded of the following: "[T]hat some parties have designated certain documents as confidential pursuant to a protective order is not a sufficient showing of compelling reasons for sealing such documents." Prime Healthcare Centinela, LLC v. Kimberly-Clark Corp., Case No. CV 14-8390 DMG (PLAx), 2016 WL 7177531, at *2 (C.D. Cal. Mar. 24, 2016). See minute order for details. (lom) Modified on 2/22/2022 (lom). (Entered: 02/22/2022) (2) |
| Feb 22, 2022 | 167 | CERTIFICATE OF SERVICE filed by Plaintiff and Counter-Defendant Modoral Brands Inc., re Sealed Declaration in SupportDeclaration, 160 , APPLICATION to file document Reply to Opposition to Motion to Stay Pending Resolution of Appeal under seal 159 served on 2/8/22 and 2/22/22. (Smith, Nicole) (Entered: 02/22/2022) (6) |
| Feb 17, 2022 | 165 | NOTICE OF NON-OPPOSITION to REQUEST for Leave to file One-Page Reply to Correct Swedish Match's Misstatement of Law re Fed. R. Civ. P. 54(b) 164 Statement of Non-Opposition to Modoral's Motion for Leave to File One-Page Reply to Correct Swedish Match's Misstatement of Law Regarding Fed. R. Civ. P. 54(b) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Ridge, Donald) (Entered: 02/17/2022) (3) |
| Feb 15, 2022 | 162 | NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) (Partial Final Judgment) filed by Plaintiff and Counter Defendant Modoral Brands Inc.. Motion set for hearing on 3/4/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Proposed Order Granting Modoral's Motion for Entry of Partial Final Judgment Pursuant to Fed. R. Civ. P. 54(b)) (Smith, Nicole) (Entered: 02/15/2022) (0) |
| Feb 15, 2022 | 163 | JOINT MEMO RE MODORAL'S MOTION FOR ENTRY OF PARTIAL FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(B) re NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) (Partial Final Judgment) 162 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Declaration Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 2 Exhibit Exh. A to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 3 Exhibit Exh. B to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 4 Exhibit Exh. C to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 5 Supplement Exh. D to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 6 Exhibit Exh. E to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion, # 7 Exhibit Exh. F to Decl. of D. Ridge ISO Joint Memo re Modoral's 54(b) Motion)(Smith, Nicole) (Entered: 02/15/2022) (0) |
| Feb 15, 2022 | 164 | REQUEST for Leave to file One-Page Reply to Correct Swedish Match's Misstatement of Law re Fed. R. Civ. P. 54(b) filed by Plaintiff and Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order Granting Modoral's Motion for Leave to File One-Page Reply) (Smith, Nicole) (Entered: 02/15/2022) (0) |
| Feb 8, 2022 | 159 | APPLICATION to file document Reply to Opposition to Motion to Stay Pending Resolution of Appeal under seal filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order Granting Application for Leave to File Under Seal)(Smith, Nicole) (Entered: 02/08/2022) (0) |
| Feb 8, 2022 | 160 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply to Opposition to Motion to Stay Pending Resolution of Appeal under seal 159 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc..(Smith, Nicole) (Entered: 02/08/2022) (0) |
| Feb 8, 2022 | 161 | DECLARATION of David S. Bloch In Support of Reply to Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Appeal 147 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Smith, Nicole) (Entered: 02/08/2022) (30) |
| Feb 1, 2022 | 158 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Appeal 147 filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Declaration of Donald Ridge in Support of Swedish Match's Memorandum in Opposition to Motion to Stay, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Proposed Order Denying Kretek's and Modoral Motion to Stay Pending Resolution of Appeal)(Ridge, Donald) (Entered: 02/01/2022) (0) |
| Jan 20, 2022 | 157 | SEALED DOCUMENT Memorandum In Support of Motion to Stay re NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Appeal 147 , Order on Motion for Leave to File Document Under Seal,,, 156 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc..(Smith, Nicole) (Entered: 01/20/2022) (0) |
| Jan 19, 2022 | 150 | TEXT ONLY (IN CHAMBERS) Order by Judge Stanley Blumenfeld, Jr.: The Court STRIKES the MOTION to file document Memorandum of Points and Authorities In Support of Modoral Brands, Inc.'s Motion for Stay Pending Resolution of Appeal under seal (ECF No. 148) without prejudice for failure to provide a proposed order and failure to provide a Certificate of Conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) (Entered: 01/19/2022) (0) |
| Jan 19, 2022 | 151 | TEXT ONLY (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The MOTION to Stay Case pending Resolution of Appeal (ECF No. 147 ) is continued to March 4, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The Motion was set on the Court's criminal motion calendar date. Counsel are reminded to review this Court's scheduling procedures prior to filing any motions in the future. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY (Entered: 01/19/2022) (0) |
| Jan 19, 2022 | 152 | APPLICATION to file document Memorandum In Support of Motion to Stay Pending Resolution of Appeal under seal filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Redacted Document Modoral Brands, Inc.'s Memorandum in Support of Motion to Stay Pending Resolution of Appeal, # 2 Proposed Order)(Smith, Nicole) (Entered: 01/19/2022) (0) |
| Jan 19, 2022 | 153 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum In Support of Motion to Stay Pending Resolution of Appeal under seal 152 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Modoral Brands, Inc.'s Memorandum in Support of Motion to Stay Pending Resolution of Appeal)(Smith, Nicole) (Entered: 01/19/2022) (0) |
| Jan 19, 2022 | 154 | NOTICE OF ERRATA filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. correcting NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Appeal 147 (Attachments: # 1 Proposed Order)(Smith, Nicole) (Entered: 01/19/2022) (0) |
| Jan 19, 2022 | 155 | ORDER REGARDING STIPULATION OF NON-INFRINGEMENT OF THE '908 PATENT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation 146 , IT IS ORDERED AND ADJUDGED that PARTIAL JUDGMENT IS HEREBY ENTERED IN FAVOR OF MODORAL and AGAINST COUNTERCLAIM PLAINTIFFS with respect to Modoral's claim for declaratory judgment of non-infringement of the '908 patent in its Amended Complaint (DN 120) in view of this Court's Markman Order (DN 244) and the parties' joint stipulation. The Court directs entry of judgment in favor of Modoral on its claim for declaratory judgment of non-infringement of the '908 Patent in its Amended Complaint for Declaratory Judgment (DN 120) and against Counterclaim Plaintiffs on their counterclaim for infringement of the '908 Patent in their Answer to Modoral's Amended Complaint for Declaratory Judgment and Counterclaims (DN 123). Modoral is the prevailing party with respect to the issue of infringement of the '908 patent. The action is stayed with respect to the parties' patent invalidity related claims pending resolution of any appeal of the Court's rulings in the Markman Order. The parties will submit briefs regarding Modoral's motion for entry of partial final judgment of non-infringement under Fed. R. Civ. P. 54(b) according to the schedule set forth in the Court's 1/7/2022 Order (DN 145). The deadline for filing any Bill of Costs and Motion for Fees (including any Motion for Fees under 35 U.S.C. Section 285) concerning this judgment shall be 60 days from the date on which the Federal Circuit enters its mandate on Counterclaim Plaintiff's appeal. (gk) (Entered: 01/20/2022) (2) |
| Jan 19, 2022 | 156 | ORDER GRANTING APPLICATION FOR LEAVE TO SEAL PORTIONS OF THE CONSOLIDATED MEMORANDUM IN SUPPORT OF THE MOTION TO STAY by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS Modoral's Application for Leave to Seal Portions of the Consolidated Memorandum in Support of the Motion to Stay 152 . IT IS HEREBY ORDERED that the following be filed under seal: The trade secret disclosure appearing in the left-hand column of the table appearing on pages 79 of the Consolidated Memorandum in Support of the Motion to Stay. WHEREAS the Court additionally orders that any time the Section 2019.210 Trade Secret Disclosure is referenced by the parties in the future, the parties must file such reference under seal in a manner that complies with Local Rule 79-5. (gk) (Entered: 01/20/2022) (1) |
| Jan 18, 2022 | 146 | STIPULATION for Judgment as to Move for Entry of Judgment of Non-Infringement filed by Defendants and Counterclaim Plaintiffs NYZ AB, Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Regarding Stipulation of Non-Infringement of the '908 Patent)(Ridge, Donald) (Entered: 01/18/2022) (0) |
| Jan 18, 2022 | 147 | NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Appeal filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc.. Motion set for hearing on 3/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Declaration of David Bloch, # 2 Exhibit A to Bloch Decl., # 3 Exhibit B to Bloch Decl., # 4 Exhibit C to Bloch Decl., # 5 Exhibit D to Bloch Decl., # 6 Exhibit E to Bloch Decl., # 7 Declaration of Nicole Smith, # 8 Exhibit A to Smith Decl., # 9 Exhibit B to Smith Decl., # 10 Exhibit C to Smith Decl.) (Smith, Nicole) (Entered: 01/18/2022) (0) |
| Jan 18, 2022 | 148 | *STRICKEN* NOTICE OF MOTION AND MOTION to file document Memorandum of Points and Authorities In Support of Modoral Brands, Inc.'s Motion for Stay Pending Resolution of Appeal under seal filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Redacted Document Redacted Version of Memorandum of Points and Authorities In Support of Modoral Brands, Inc.'s Motion for Stay Pending Resolution of Appeal)(Smith, Nicole) Modified on 1/19/2022 (jgr). (Entered: 01/18/2022) (0) |
| Jan 18, 2022 | 149 | SEALED DECLARATION IN SUPPORT OF NOTICE OF MOTION AND MOTION to file document Memorandum of Points and Authorities In Support of Modoral Brands, Inc.'s Motion for Stay Pending Resolution of Appeal under seal 148 filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Unredacted Document Memorandum of Points and Authorities In Support of Modoral Brands, Inc.'s Motion to Stay Pending Resolution of Appeal)(Smith, Nicole) (Entered: 01/18/2022) (0) |
| Jan 7, 2022 | 145 | MINUTE ORDER IN CHAMBERS RE: MODIFICATION OF THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr. Modoral's consolidated Motion to Stay due by 1/18/2022. Counterclaim Plaintiffs' consolidate opposition brief due by 2/1/2022. Mordoral's consolidated Reply Brief due by 2/8/2022.) (See minute order for details) (mrgo) (Entered: 01/10/2022) (3) |
| Jan 4, 2022 | 144 | STATUS REPORT re Proposed Modification to Case Management Order Deadlines filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order)(Smith, Nicole) (Entered: 01/05/2022) (0) |
| Dec 21, 2021 | 143 | MINUTES (IN CHAMBERS) ORDER RE: MODIFICATION OF THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court finds 12/31/2021 to be a reasonable date by which Plaintiffs should decide whether and how they intend to proceed with their patent claims. Accordingly, the parties are hereby ordered to file a further joint report concerning scheduling by no later than 1/4/2022. The joint report should contain, at a minimum, Plaintiffs' decision regarding their patent claims and the resulting impact on the revised proposed Case Management Order (CMO) deadlines (e.g., if Plaintiffs decide to forego their patent claims at this time pending any appeal, no patent-specific deadlines will be required in the revised proposed CMO deadlines; if Plaintiffs decide to maintain the patent claims, a proposed summary judgment schedule concerning those claims should be included). The Court will then issue a revised CMO based in part on the joint report. See document for further details. Court Reporter: N/A. (gk) (Entered: 12/22/2021) (2) |
| Dec 17, 2021 | 142 | Joint STIPULATION for Order Modifying the Scheduling Order filed by Plaintiff and Counterclaim Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order)(Smith, Nicole) (Entered: 12/17/2021) (0) |
| Dec 13, 2021 | 140 | TRANSCRIPT ORDER as to Plaintiff Modoral Brands Inc. for Court Reporter. Court will contact Nichele Goitia at ngoitia@jonesday.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Smith, Nicole) (Entered: 12/13/2021) (2) |
| Dec 10, 2021 | 141 | MINUTES OF Markman Order (Pinkerton Dkt Nos. 215, 218, 222, Case No. 2:20-cv-01322-SB-MRWx; Modoral Dkt Nos. 125 , 134 , 2:21-cv-05013-SB-MRWx) held before Judge Stanley Blumenfeld, Jr.: The Court construes the agreed and disputed terms in two cases consolidated for pretrial purposes. See document for details. Court Reporter: Miriam Baird. (gk) (Entered: 12/15/2021) (19) |
| Nov 15, 2021 | 139 | MINUTES (IN CHAMBERS) ORDER RE: MARKMAN HEARING by Judge Stanley Blumenfeld, Jr. The Court hereby continues the Markman hearing (currently scheduled for November 19, 2021 at 8:30 a.m.) until December 10, 2021 at 8 a.m. The deadlines in the Consolidated Case Management Order are hereby stayed. (iv) (Entered: 11/16/2021) (1) |
| Nov 12, 2021 | 137 | NOTICE OF LODGING filed by Modoral Brands Inc. of Demonstrative Exhibits for Use at Consolidated Markman Hearing re Text Only Scheduling Notice,,,,,, 113 (Attachments: # 1 Exhibit 1 to Notice of Lodging of Modoral Brand Inc.'s Demonstrative Exhibits for Use at Consolidated Markman Hearing)(Smith, Jonathan) (Entered: 11/12/2021) (0) |
| Nov 12, 2021 | 138 | NOTICE OF LODGING filed Swedish Match North America, LLC, Pinkerton Tobacco Co., LP, NYZ AB, and Helix Innovations GMBH Demonstrative Evidence Markman Hearing re Text Only Scheduling Notice,,,,,, 113 (Attachments: # 1 Demonstrative Evidence)(Ridge, Donald) (Entered: 11/12/2021) (0) |
| Nov 4, 2021 | 136 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim 135 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Counterclaim parties are listed in a separate caption on title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 11/04/2021) (1) |
| Nov 3, 2021 | 135 | Modoral's ANSWER to Answer to Complaint (Discovery),, Counterclaim, 123 filed by Plaintiff/Counterclaim Defendant Modoral Brands Inc..(Smith, Nicole) (Entered: 11/03/2021) (13) |
| Oct 29, 2021 | 134 | REPLY filed by Counter Claimants Pinkerton Tobacco Co LP, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Swedish Match North America LLC, Third Party Plaintiffs Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Defendants Pinkerton Tobacco Co., LP, Swedish Match North America LLC to Miscellaneous Document, 125 Modoral's Supplemental Claim Construction Brief (Attachments: # 1 Declaration of Donald Ridge In Support, # 2 Exhibit 31, # 3 Exhibit 32, # 4 Exhibit 33, # 5 Exhibit 34, # 6 Exhibit 35, # 7 Exhibit 36, # 8 Exhibit 37)(Ridge, Donald) (Entered: 10/29/2021) (0) |
| Oct 25, 2021 | 133 | MINUTE ORDER RE: REQUEST FOR CLARIFICATION by Judge Stanley Blumenfeld, Jr.: On 9/17/2021, the Court issued a text-only Order Regarding Consolidated Markman Hearing 113 . The Court stated that it "will conduct a consolidated Markman hearing in both cases on 11/19/2021 at 8:30 AM.... [T]he Court will allow one hour for the hearing; presentation of witness testimony is unnecessary." On 10/22/2021, Plaintiff filed this unopposed Request for clarification 132 . The Request asks the Court to "indicate whether experts should be available for questions during the one-hour hearing, and if so, whether the experts should attend the hearing live, or whether, in light of COVID-19 travel restrictions and the fact that experts for each side reside in the United Kingdom, arrangements may be made for them to attend remotely." The Court reiterates that presentation of witness testimony, including expert testimony, is unnecessary for the Markman hearing. None of the experts need to appear in person, but should be prepared to speak in the event the Court has questions for them. The Court will allow the experts to appear via telephone. See document for further details. Court Reporter: N/A. (gk) (Entered: 10/26/2021) (2) |
| Oct 22, 2021 | 132 | Unopposed Request for Clarification of Order filed by Plaintiff Modoral Brands Inc., Counter Defendant Modoral Brands Inc. (Smith, Nicole) (Entered: 10/22/2021) (3) |
| Oct 20, 2021 | 131 | Joint STIPULATION for Discovery filed by Plaintiff/Counterclaim/Defendant Modoral Brands Inc..(Attorney Donald L. Ridge added to party Modoral Brands Inc.(pty:3pd))(Ridge, Donald) (Entered: 10/20/2021) (10) |
| Oct 19, 2021 | 130 | CORPORATE DISCLOSURE STATEMENT filed by Counter Claimant Helix Innovations GmbH identifying Altria Enterprises II LLC as Corporate Parent. (Lord, John) (Entered: 10/19/2021) (2) |
| Oct 18, 2021 | 129 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery),, Counterclaim, 123 . The following error(s) was/were found: It appears that the Answer and Counterclaims are filed on behalf of Swedish Match North America LLC, Pinkerton Tobacco Co. LP, NYZ AB and Helix Innovations GmbH, however, only Swedish Match North America LLC was selected as the filing party. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 10/18/2021) (2) |
| Oct 15, 2021 | 125 | Modoral's Supplemental Claim Construction Brief filed by Plaintiff Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc. (Attachments: # 1 Appendix A to Modoral's Supplemental Claim Construction Brief)(Smith, Nicole) (Entered: 10/15/2021) (0) |
| Oct 15, 2021 | 126 | DECLARATION of Nicole M. Smith in Support of Modoral Brands Inc.'s Supplemental Claim Construction Brief filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Exhibit A to Smith Decl. - U.S. Patent Publication No. 2011-0274628, # 2 Exhibit B to Smith Decl. - U.S. Patent No. 3,845,217, # 3 Exhibit C to Smith Decl. - U.S. Patent Publication No. 2006-0275344, # 4 Exhibit D to Smith Decl. - PCT Publication No. WO2003-039518, # 5 Exhibit E to Smith Decl. - PCT Publication No. WO2007-104575, # 6 Exhibit F to Smith Decl. - PCT Publication No. WO2010-031552, # 7 Exhibit G to Smith Decl. - EP Patent No. 1429770, # 8 Exhibit H to Smith Decl. - U.S. Patent No. 6,676,959, # 9 Exhibit I to Smith Decl. - U.S. Patent Publication No. 2003-0087937, # 10 Exhibit J to Smith Decl. - U.S. Patent Publication No. 2003-0119879, # 11 Exhibit K to Smith Decl. - U.S. Patent Publication No. 2007-0014887, # 12 Exhibit L to Smith Decl. - U.S. Patent Publication No. 2010-0247586, # 13 Exhibit M to Smith Decl. - U.S. Patent Publication No. 2010-0130562, # 14 Exhibit N to Smith Decl. - PCT Publication No. WO2010-121619, # 15 Exhibit O to Smith Decl. - Excerpts of S. Davies 10-13-21 Deposition 1, # 16 Exhibit P to Smith Decl. - Chapter from book by RSC Publishing 2010)(Smith, Nicole) (Entered: 10/15/2021) (0) |
| Oct 15, 2021 | 127 | DECLARATION of Dr. William J. McAuley re Miscellaneous Document, 125 In Support of Modoral Brands Inc.'s Supplemental Claim Construction Brief filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendants Modoral Brands Inc., Modoral Brands Inc.. (Attachments: # 1 Exhibit A to McAuley Decl. - US Patent No. 9,161,908, # 2 Exhibit B to McAuley Decl. - McAuley CV, # 3 Exhibit C to McAuley Decl. - US Patent No. 5,512,306, # 4 Exhibit D to McAuley Decl. - WO 2008-140371, # 5 Exhibit E to McAuley Decl. - US Patent No. 5,633,008, # 6 Exhibit F to McAuley Decl. - Patent App. Pub. 2005-0061339, # 7 Exhibit G to McAuley Decl. - Kirby, Alkaloids of Tobacco, # 8 Exhibit H to McAuley Decl. - Seeman, The Form of Nicotine, # 9 Exhibit I to McAuley Decl. - IUPAC Complex, # 10 Exhibit J to McAuley Decl. - Guo, Ion-Exchange Resins, # 11 Exhibit K to McAuley Decl. - 9.27.2013 Preliminary Amendment, # 12 Exhibit L to McAuley Decl. - 10.6.2014 Office Action, # 13 Exhibit M to McAuley Decl. - 12.22.2014 Examiner Interview, # 14 Exhibit N to McAuley Decl. - 3.6.2015 Amendment, # 15 Exhibit O to McAuley Decl. - 6.29.2015 Examiner Amendment, # 16 Exhibit P to McAuley Decl. - Bond, Fundamental Aspects of Salts, # 17 Exhibit Q to McAuley Decl. - 6.17.2021 Decl. of S. Davies, # 18 Exhibit R to McAuley Decl. - Nictoine Polacrilex USP, # 19 Exhibit S to McAuley Decl. - USP Nictoine Polacrilex, # 20 Exhibit T to McAuley Decl. - IUPAC Salt Form of Ion Exchanger, # 21 Exhibit U to McAuley Decl. - US Patent 3,901,248, # 22 Exhibit V to McAuley Decl. - Ruela, Molecularly Imprinted Poly, # 23 Exhibit W to McAuley Decl. - Dupont Amberlite, # 24 Exhibit X to McAuley Decl. Berk Noncovalent Bonds, # 25 Exhibit Y to McAuley Decl. - Using Medication -Oral Medications, # 26 Exhibit Z to McAuley Decl. - US Pharmacopeia Polacrillin Potas, # 27 Exhibit AA to McAuley Decl. - Enscore Decl., # 28 Exhibit BB to McAuley Decl. - Jensen, The Use of Dots, # 29 Exhibit CC to McAuley Decl. - Huang, Drug-Polymer Interac., # 30 Exhibit DD to McAuley Decl. - Coughlan, Drug-polymer Int., # 31 Exhibit EE to McAuley Decl. - Tomar, Review of the Evidence, # 32 Exhibit FF to McAuley Decl. - IUPAC, Salt, # 33 Exhibit GG to McAuley Decl. - WIlliams Decl., # 34 Exhibit HH to McAuley Decl. - Florence, Physicochemical)(Smith, Nicole) (Entered: 10/16/2021) (0) |
| Oct 15, 2021 | 128 | MINUTES (IN CHAMBERS) CONSOLIDATED CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Upon the Joint Stipulations 124 to modify the case management order to correct certain dates in their respective cases 114 , the Court updates only the following dates: Production related to reliance on Advice of Counsel 12/03/2021. Amended Contentions on issues for which party bears the burden of proof 12/17/2021. Initial Expert Reports 02/11/2022. Reply Expert Reports Now N/A. Court Reporter: N/A. (gk) (Entered: 10/18/2021) (2) |
| Oct 14, 2021 | 124 | Joint STIPULATION to Modify Scheduling Order Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines/Hearings,,,,, 114 filed by Defendants and Counterclaim Plaintiffs Swedish Match North America LLC. (Attachments: # 1 Proposed Order Modifying Deadlines in the Case Management Order)(Ridge, Donald) (Entered: 10/14/2021) (0) |
| Oct 13, 2021 | 122 | PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Notice of Lodging, 121 (vm) (Entered: 10/13/2021) (28) |
| Oct 13, 2021 | 123 | ANSWER to Amended Complaint/Petition 120 with JURY DEMAND , COUNTERCLAIM against Modoral Brands Inc. filed by Defendant and Counterclaim Plaintiffs Swedish Match North America LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ridge, Donald) (Entered: 10/13/2021) (0) |
| Oct 12, 2021 | 121 | NOTICE OF LODGING filed Swedish Match North America, Pinkerton Tobacco Co., LP, NYZ AB, and Helix Innovations GMBH re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines/Hearings,,,,, 114 (Attachments: # 1 Proposed Order Stipulated Protective Order)(Ridge, Donald) (Entered: 10/12/2021) (0) |
| Sep 29, 2021 | 120 | FIRST AMENDED COMPLAINT against Defendants Helix Innovations GmbH, NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC amending Complaint - (Discovery), 1 , filed by Plaintiff Modoral Brands Inc.(Smith, Nicole) (Entered: 09/29/2021) (12) |
| Sep 29, 2021 | 120 | Amended Complaint* (1) |
| Sep 28, 2021 | 118 | ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO AMEND DECLARATORY JUDGMENT COMPLAINT by Judge Stanley Blumenfeld, Jr.: Plaintiff/Counterclaim Defendant Modoral Brands, Inc.'s request for leave to file an amended Declaratory Judgment Complaint to add Helix Innovations GmbH to this action 117 is hereby granted. (gk) (Entered: 09/29/2021) (2) |
| Sep 27, 2021 | 116 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Substitute Counterclaim Plaintiff Helix Innovations GmbH for Counterclaim Plaintiff wm17 holding GmbH 115 . The following error(s) was/were found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 09/27/2021) (1) |
| Sep 27, 2021 | 117 | NOTICE OF MOTION AND MOTION for Leave to file First Amended Declaratory Judgment Complaint filed by Plaintiff Modoral Brands Inc.. Motion set for hearing on 11/5/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Memorandum of Points and Authorities In Support of Unopposed Motion for Leave to File Amended Declaratory Judgment Complaint, # 2 Exhibit A (Proposed Amended Complaint), # 3 Proposed Order) (Smith, Nicole) (Entered: 09/27/2021) (0) |
| Sep 26, 2021 | 119 | ORDER GRANTING UNOPPOSED MOTION TO SUBSTITUTE PARTY PURSUANT TO FED. R. CIV. P. 25(C) by Judge Stanley Blumenfeld, Jr.: Upon Third-Party Counterclaim Plaintiff Helix Innovations GmbH's unopposed motion 115 , it is hereby ordered that Helix Innovations GmbH, as wm17 holding GmbH's successor in interest, is substituted for wm17 holding GmbH as co-Third-Party Counterclaim Plaintiff in this action. Plaintiff Modoral Brands Inc. may file an unopposed motion for leave to file an amended complaint to add Helix Innovations GmbH to its Declaratory Judgment Complaint. Counterclaim Plaintiffs and Helix may file answers and counterclaims in response that are identical in substance to those filed by Counterclaim Plaintiffs and wm17, respectively, on 7/13/2021, but may not file a motion to dismiss. Any reference to wm17 holding GmbH in the parties' prior pleadings, filings, and other papers in this action shall be treated as a reference to Helix Innovations GmbH. No dates set forth in the Consolidated Case Management Order in this case shall be affected by this Order. (gk) (Entered: 09/29/2021) (2) |
| Sep 24, 2021 | 115 | NOTICE OF MOTION AND MOTION to Substitute Counterclaim Plaintiff Helix Innovations GmbH for Counterclaim Plaintiff wm17 holding GmbH filed by Counterclaim Plaintiff wm17 Holding GmbH. Motion set for hearing on 11/5/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: # 1 Memorandum of Points and Authorities in Support of Unopposed Motion, # 2 Proposed Order) (Lord, John) (Entered: 09/24/2021) (0) |
| Sep 20, 2021 | 114 | MINUTES (IN CHAMBERS) CONSOLIDATED CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court consolidates these three cases for pretrial purposes. Accordingly, the parties should work together cooperatively and efficiently to preserve party and court resources. The parties may submit appropriate protective orders to the Magistrate Judge to address discovery sharing as needed. The Court reserves consideration of whether the cases should be consolidated for trial. The Court sets the pretrial and trial dates noted in this order based on an evaluation of the complexity of the case. Jury Trial set for 9/12/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 8/19/2022 10:00 AM before Judge Stanley Blumenfeld Jr. Markman Hearing set for 11/19/2021 at 8:30 AM. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 12/17/2021. Non-Expert Discovery cut-off 1/28/2022. Discovery Motion Hearing Deadline 02/18/2022. Non-Discovery Motion Hearing Deadline 5/27/22022. Settlement Conference Deadline 6/10/2022. Post-Settlement Status Conference set for 6/24/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 6/17/2022. Trial Filings (First Set) Deadline 7/22/2022. Trial Filings (Second Set) Deadline 8/5/2022. See document for further details. Court Reporter: N/A. (gk) (Entered: 09/21/2021) (4) |
| Sep 17, 2021 | 113 | (IN CHAMBERS) ORDER REGARDING CONSOLIDATED MARKMAN HEARING by Judge Stanley Blumenfeld, Jr.: Having considered the Pinkerton parties joint status report (Case No. 20-1322 - Dkt. No. 224) and the Modoral parties updated joint scheduling report (Case No. 21-5013 - Dkt. No. 112), the Court hereby issues the following order addressing the Markman proceedings. As to Case No. 21-5013, the Court adopts the Modoral parties proposed deadline to exchange any additional claim construction evidence by September 17, 2021. Modoral may file a supplemental claim construction brief not to exceed fifteen pages, if any, no later than October 15, 2021. The Court has before it a voluminous Markman record that the Court will consider across both cases. Therefore, any supplemental brief should be limited to addressing issues that are unique or different in Case No. 21-5013. Swedish Match may file a responsive brief of no more than ten pages, if any, by October 22, 2021. As to Case No. 20-1322, the October 1, 2021 Markman hearing is vacated. Instead, the Court will conduct a consolidated Markman hearing in both cases on November 19, 2021 at 8:30 a.m. As stated, the Court will allow one hour for the hearing; presentation of witness testimony is unnecessary. The Court plans to issue a tentative ruling to the parties before the hearing; therefore, the parties should tailor their oral arguments to address the tentative ruling. Any demonstratives must be lodged and served seven days before the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY (Entered: 09/17/2021) (0) |
| Sep 7, 2021 | 111 | NOTICE OF ERRATA filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. correcting Joint Report Rule 26(f) Discovery Plan, 110 (Revised Report) (Smith, Nicole) (Entered: 09/07/2021) (2) |
| Sep 7, 2021 | 112 | JOINT REPORT Rule 26(f) Discovery Plan (CORRECTED Revised Report) ; estimated length of trial 3-4 or 2-3 days, filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendant Modoral Brands Inc... (Attachments: # 1 Exhibit A)(Smith, Nicole) (Entered: 09/07/2021) (0) |
| Sep 3, 2021 | 110 | JOINT REPORT Rule 26(f) Discovery Plan (Revised Report) ; estimated length of trial 3-4 or 2-3 days, filed by Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendant Modoral Brands Inc... (Attachments: # 1 Exhibit A)(Smith, Nicole) (Entered: 09/03/2021) (0) |
| Aug 20, 2021 | 107 | TRANSCRIPT ORDER as to Defendants Swedish Match North America LLC for Court Reporter. Court will contact Amanda Melhado-Burke at amelhadoburke@clarkhill.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ridge, Donald) (Entered: 08/20/2021) (2) |
| Aug 20, 2021 | 108 | TRANSCRIPT ORDER as to Plaintiff, Counterclaim Defendant, and Third Party Defendant Modoral Brands Inc. for Court Reporter. Court will contact Nicole M. Smith at nmsmith@jonesday.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Smith, Nicole) (Entered: 08/20/2021) (2) |
| Aug 20, 2021 | 109 | MINUTES OF Scheduling Conference held before Judge Stanley Blumenfeld, Jr. Re: ORDER RE: REVISED JOINT RULE 26(f) REPORT. The Court stressed to the parties the need to efficiently coordinate the proceedings in this case with those in the related case of Pinkerton Tobacco Co., LP et al. v. The Art Factory AB et al., 20-cv-01322. In light of that need, counsel for both parties in both matters are hereby ordered to submit a revised Joint Rule 26(f) report no later than 9/3/2021. The report must contain revised dates for the pretrial conference and trial and describe the anticipated efforts towards coordination between the two matters. Court Reporter: Katie Thibodeaux. (gk) (Entered: 08/23/2021) (1) |
| Aug 19, 2021 | 106 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 100 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule(26) Discovery Plan. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 08/19/2021) (1) |
| Aug 17, 2021 | 105 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Stanley Blumenfeld, Jr: granting substitution 102 of Attorney Nicole M Smith for Modoral Brands Inc. as attorney of record instead of Attorney John G. Day, Andrew C. Mayo of Ashby and Geddess. (lom) (Entered: 08/17/2021) (1) |
| Aug 16, 2021 | 103 | ORDER by Judge Stanley Blumenfeld, Jr: granting 98 Non-Resident Attorney George D. Moustakas APPLICATION to Appear Pro Hac Vice on behalf of wm17 Holding GmbH, designating John E. Lord as local counsel. (lom) (Entered: 08/16/2021) (1) |
| Aug 16, 2021 | 104 | Notice of Appearance or Withdrawal of Counsel: for attorney Donald L. Ridge counsel for Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Counter Claimants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, Third Party Plaintiffs NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. Adding Erik R. Puknys as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Swedish Match North America, LLC, Pinkerton Tobacco Co., LP, NYZ AB. (Ridge, Donald) (Entered: 08/16/2021) (2) |
| Aug 13, 2021 | 100 | JOINT Report Under Federal Rule of Civil Procedure 26(f) and Local Rule 26-1 and Proposed Schedule for Pretrial and Trial Dates (Attachments: # 1 Exhibit A)(Smith, Nicole) (Entered: 08/13/2021) (0) |
| Aug 13, 2021 | 101 | NOTICE of Change of Lead Counsel changing lead counsel from John G. Day to Nicole M. Smith. filed by Plaintiff, Counterclaim Defendant, and Third Party Defendant Modoral Brands Inc., (Smith, Nicole) (Entered: 08/13/2021) (2) |
| Aug 13, 2021 | 102 | NOTICE OF MOTION AND MOTION of John G. Day and Andrew C. Mayo to Withdraw as Attorney filed by Plaintiff, Counterclaim Defendant, and Third Party Defendant Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 08/13/2021) (0) |
| Aug 11, 2021 | 99 | Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan McNeal Smith counsel for Plaintiff Modoral Brands Inc., ThirdParty Defendant Modoral Brands Inc., Counter Defendant Modoral Brands Inc.. Adding Jonathan McNeal Smith as counsel of record for Modoral Brands Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff, Counterclaim Defendant, and Third Party Defendant Modoral Brands Inc.. (Attorney Jonathan McNeal Smith added to party Modoral Brands Inc.(pty:pla), Attorney Jonathan McNeal Smith added to party Modoral Brands Inc.(pty:3pd), Attorney Jonathan McNeal Smith added to party Modoral Brands Inc.(pty:cd))(Smith, Jonathan) (Entered: 08/11/2021) (2) |
| Aug 5, 2021 | 98 | APPLICATION of Non-Resident Attorney George D. Moustakas to Appear Pro Hac Vice on behalf of Counter Claimant wm17 Holding GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31758034) filed by counter claimant wm17 Holding GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Lord, John) (Entered: 08/05/2021) (0) |
| Aug 3, 2021 | 97 | Modoral Brand Inc.'s ANSWER to Answer to Complaint (Discovery),, Third Party Complaint,, Counterclaim, 92 JURY DEMAND , ANSWER to Answer to Complaint (Discovery),, Third Party Complaint,, Counterclaim, 92 with JURY DEMAND filed by Plaintiff, Third Party Defendant, and Counterclaim Defendant Modoral Brands Inc..(Smith, Nicole) (Entered: 08/03/2021) (13) |
| Jul 19, 2021 | 96 | MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: On 7/16/2021, the Clerk's office issued a NOTICE OF DEFICIENCY 94 Re: ANSWER to Complaint, THIRD PARTY COMPLAINT against Modoral Brands Inc., COUNTERCLAIM against Modoral Brands Inc. filed by Defendants and Counterclaim Plaintiff NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co., LP 92 . The Court accepts the document as filed. Court Reporter: Not Present. (gk) (Entered: 07/20/2021) (1) |
| Jul 16, 2021 | 94 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery),, Third Party Complaint,, Counterclaim, 92 . The following error(s) was/were found: The filer used the events for an Answer, Counterclaim and Third Party Complaint. A Third Party Complaint is not separately enumerated in the document. Rather a new party, wm17Holding GmbH, is named as a "Third-Party Counterclaim Plaintiff" in addition to defendants/counterclaimants. As defendants Swedish Match North America LLC, Pinkerton Tobacco Co. LP, and NYZ AB are named as counterclaim plaintiffs, clerk has termed their role as Third Party Plaintiffs. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 07/16/2021) (2) |
| Jul 16, 2021 | 95 | ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney John J. Normile to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc., designating Nicole M. Smith as local counsel 91 . (gk) (Entered: 07/19/2021) (1) |
| Jul 14, 2021 | 93 | CIVIL STANDING ORDER by Judge Stanley Blumenfeld, Jr. The Court sets a Scheduling Conference for 8/20/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. The parties shall file a joint Rule 26 Meeting Report due by 8/13/2021. (vcr) (Entered: 07/14/2021) (10) |
| Jul 13, 2021 | 92 | ANSWER to Complaint - (Discovery), 1 with JURY DEMAND , THIRD PARTY COMPLAINT against Modoral Brands Inc., COUNTERCLAIM against Modoral Brands Inc. filed by Defendants and Counterclaim Plaintiff NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co., LP. (Attachments: # 1 Exhibit Dkt. 92-1 U.S. Patent No. 9,161,908, # 2 Exhibit Dkt. 92-2 Infrigement Claim Chart)(Ridge, Donald) (Entered: 07/13/2021) (0) |
| Jul 7, 2021 | 91 | APPLICATION of Non-Resident Attorney John J. Normile to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 6/29/2021, Receipt No. 31550219) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear Pro Hac Vice (John Normile)) (Smith, Nicole) (Entered: 07/07/2021) (0) |
| Jul 5, 2021 | 82 | CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 07/05/2021) (12) |
| Jul 5, 2021 | 83 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 74 Non-Resident Attorney Gaspar J. LaRosa APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc, designating Nicole M. Smith as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 84 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 62 Non-Resident Attorney Bryan C. Diner APPLICATION to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, designating Donald L. Ridge as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 85 | MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney John J. Normile to Appear Pro Hae Vice on behalf of Plaintiff Modoral Brands Inc. 75 and the APPLICATION of Non-Resident Attorney Stephanie E. Parker to Appear Pro Hae Vice on behalf of Plaintiff Modoral Brands Inc. 76 , without prejudice to refiling in accordance with the Court's standing order (provided that the refiling is otherwise timely), see Notice of Deficiencies 77 . Court Reporter: Not Present. (gk) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 86 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 70 Non-Resident Attorney Timothy J. May APPLICATION to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, designating Donald L. Ridge as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 87 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 68 Non-Resident Attorney Caitlin E. O'Connell APPLICATION to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, designating Donald L. Ridge as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 88 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 63 Non-Resident Attorney Elizabeth A. Niemeyer APPLICATION to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, designating Donald L. Ridge as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 89 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 78 Non-Resident Attorney Stephanie E. Parker APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc, designating Nicole M. Smith as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 5, 2021 | 90 | ORDER by Judge Stanley Blumenfeld, Jr: GRANTING 67 Non-Resident Attorney Paul W. Townsend APPLICATION to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC, designating Donald L. Ridge as local counsel. (shb) (Entered: 07/06/2021) (1) |
| Jul 1, 2021 | 78 | APPLICATION of Non-Resident Attorney Stephanie E. Parker to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Previously Paid on 6/29/2021, Receipt No. 31550384) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear Pro Hac Vice (Stephanie Parker)) (Smith, Nicole) (Entered: 07/01/2021) (0) |
| Jul 1, 2021 | 79 | NOTICE of Related Case(s) filed by Plaintiff Modoral Brands Inc.. Related Case(s): 20-cv-1322 SB-MRWx and 20-cv-08729-SB-MRWx (Smith, Nicole) (Entered: 07/01/2021) (2) |
| Jul 1, 2021 | 80 | Corrected APPLICATION of Non-Resident Attorney Caitlin E. O'Connell to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 6/28/2021, Receipt No. ACACDC-31542693) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 07/01/2021) (0) |
| Jul 1, 2021 | 81 | ORDER GRANTING STIPULATION TO EXTEND OR SET THE TIME TO RESPOND TO COMPLAINT by Judge Stanley Blumenfeld, Jr.: The parties' Stipulation 73 is GRANTED and Defendants' response to the Complaint is due 7/13/2021. (gk) (Entered: 07/02/2021) (1) |
| Jun 30, 2021 | 77 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Stephanie E. Parker to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31550384) 76 , APPLICATION of Non-Resident Attorney John J. Normile to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31550219) 75 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Dkt. 75 is missing CT. Dkt 76 is missing GA. (lt) (Entered: 06/30/2021) (1) |
| Jun 29, 2021 | 72 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Caitlin E. O'Connell to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31542652) 68 , APPLICATION of Non-Resident Attorney Timothy J. May to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31542693) 70 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. (lt) (Entered: 06/29/2021) (1) |
| Jun 29, 2021 | 73 | STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), 1 filed by Defendants NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co., LP. (Attachments: # 1 Proposed Order Granting Stipulation to Extend or Set the Time to Respond to Complaint)(Ridge, Donald) (Entered: 06/29/2021) (0) |
| Jun 29, 2021 | 74 | APPLICATION of Non-Resident Attorney Gasper J. LaRosa to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31550092) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) (Entered: 06/29/2021) (0) |
| Jun 29, 2021 | 75 | [DOCUMENT STRICKEN PER CIVIL MINUTES OF 7/5/2021, SEE DOCKET NO. 85] APPLICATION of Non-Resident Attorney John J. Normile to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31550219) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) Modified on 7/6/2021 (gk). (Entered: 06/29/2021) (0) |
| Jun 29, 2021 | 76 | [DOCUMENT STRICKEN PER CIVIL MINUTES OF 7/5/2021, SEE DOCKET NO. 85] APPLICATION of Non-Resident Attorney Stephanie E. Parker to Appear Pro Hac Vice on behalf of Plaintiff Modoral Brands Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31550384) filed by Plaintiff Modoral Brands Inc.. (Attachments: # 1 Proposed Order) (Smith, Nicole) Modified on 7/6/2021 (gk). (Entered: 06/29/2021) (0) |
| Jun 28, 2021 | 66 | NOTICE of Appearance filed by attorney Nicole Marie Smith on behalf of Plaintiff Modoral Brands Inc. (Attorney Nicole Marie Smith added to party Modoral Brands Inc.(pty:pla))(Smith, Nicole) (Entered: 06/28/2021) (2) |
| Jun 28, 2021 | 67 | APPLICATION of Non-Resident Attorney Paul W. Townsend to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31542522) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 06/28/2021) (0) |
| Jun 28, 2021 | 68 | APPLICATION of Non-Resident Attorney Caitlin E. O'Connell to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31542652) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 06/28/2021) (0) |
| Jun 28, 2021 | 69 | NOTICE of Appearance filed by attorney Randall E. Kay on behalf of Plaintiff Modoral Brands Inc. (Attorney Randall E. Kay added to party Modoral Brands Inc.(pty:pla))(Kay, Randall) (Entered: 06/28/2021) (2) |
| Jun 28, 2021 | 70 | APPLICATION of Non-Resident Attorney Timothy J. May to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31542693) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 06/28/2021) (0) |
| Jun 28, 2021 | 71 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:20-cv-01322-SB(MRWx). Case transferred from Judge John W. Holcomb and Magistrate Judge Alka Sagar to Judge Stanley Blumenfeld, Jr and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05013-SB(MRWx). Signed by Judge Stanley Blumenfeld, Jr (ap) (Entered: 06/29/2021) (1) |
| Jun 25, 2021 | 65 | NOTICE of Related Case(s) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. Defendants' Notice of Related Cases Pursuant to Local Rule 83-1.3 Related Case(s): 2:20-cv-1322-SB-MRWx and 2:20-cv-08729-SB-MRWx (Ridge, Donald) (Entered: 06/25/2021) (2) |
| Jun 23, 2021 | 60 | RESPONSE filed by Pro Hac Vice attorney Christopher Viceconte on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) (Entered: 06/23/2021) (1) |
| Jun 23, 2021 | 61 | RESPONSE filed by Pro Hac Vice attorney Jennifer M. Rutter on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) (Entered: 06/23/2021) (1) |
| Jun 23, 2021 | 62 | APPLICATION of Non-Resident Attorney Bryan C. Diner to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31514407) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 06/23/2021) (0) |
| Jun 23, 2021 | 63 | APPLICATION of Non-Resident Attorney Elizabeth A. Niemeyer to Appear Pro Hac Vice on behalf of Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31514744) filed by Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Ridge, Donald) (Entered: 06/23/2021) (0) |
| Jun 23, 2021 | 64 | NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to Judge John W. Holcomb for all further proceedings. Case number now reads 2:21-cv-05013 JWH(ASx). (rn) (Entered: 06/23/2021) (1) |
| Jun 22, 2021 | 43 | ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware (Entered: 06/22/2021) (0) |
| Jun 22, 2021 | 44 | NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:20-cv-01694-CFC-JLH, from District of Delaware (Wilmingtion). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-5013 DMG (ASx). (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 45 | NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 46 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 06/22/2021) (2) |
| Jun 22, 2021 | 47 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John G Day on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 48 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew Colin Mayo on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 49 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gasper J La Rosa on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 50 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John J Normile on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 51 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephanie E Parker on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 52 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher Viceconte on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 53 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Bryan C Diner on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 54 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Caitlin E O Connell on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 55 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth A Niemeyer on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 56 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jennifer M Rutter on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 57 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Paul Townsend on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 58 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Timothy J May on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 06/22/2021) (1) |
| Jun 22, 2021 | 59 | Notice of Appearance or Withdrawal of Counsel: for attorney Donald L. Ridge counsel for Defendants NYZ AB, Pinkerton Tobacco Co., LP, Swedish Match North America LLC. Adding Donald L. Ridge as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Swedish Match North America, LLC, Pinkerton Tobacco Co., LP, NYZ AB. (Attorney Donald L. Ridge added to party NYZ AB(pty:dft), Attorney Donald L. Ridge added to party Pinkerton Tobacco Co., LP(pty:dft), Attorney Donald L. Ridge added to party Swedish Match North America LLC(pty:dft))(Ridge, Donald) (Entered: 06/22/2021) (2) |
| Jun 21, 2021 | N/A | Case electronically transferred to Central District of California. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/21/2021) (0) |
| Jun 3, 2021 | N/A | Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held by video conference on 6/3/2021 re 13 Motion to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay filed by Swedish Match North America LLC, Pinkerton Tobacco Co. LP. (*Court Reporter Valerie Gunning.) (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/03/2021) (0) |
| Jun 3, 2021 | 42 | ORDER: Defendants Swedish Match North America LLC and Pinkerton Tobacco Co. LP's Motion for Partial Dismissal and to Transfer or, in the Alternative, to Stay (D.I. 13 ) is GRANTED-IN-PART. The Clerk of Court is directed to TRANSFER this action to the United States District Court for the Central District of California. Signed by Judge Jennifer L. Hall on 6/3/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/03/2021) (1) |
| Jun 2, 2021 | N/A | Pro Hac Vice Attorney Bryan C. Diner for NYZ AB, Pinkerton Tobacco Co. LP,and Swedish Match North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) [Transferred from Delaware on 6/22/2021.] (Entered: 06/02/2021) (0) |
| Jun 2, 2021 | 41 | MOTION for Pro Hac Vice Appearance of Attorney Adam M. Nicolais - filed by Modoral Brands Inc.. Motions referred to Jennifer L. Hall.(Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 06/02/2021) (3) |
| Jun 2, 2021 | N/A | SO ORDERED, 41 Motion for Pro Hac Vice Appearance of Attorney Adam M. Nicolais filed by Modoral Brands Inc. ORDERED by Judge Jennifer L. Hall on 6/2/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/02/2021) (0) |
| Jun 1, 2021 | N/A | SO ORDERED, 39 Motion for Pro Hac Vice Appearance of Attorney Jennifer L. Swize filed by Modoral Brands Inc. ORDERED by Judge Jennifer L. Hall on 6/1/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/01/2021) (0) |
| Jun 1, 2021 | 40 | MOTION for Pro Hac Vice Appearance of Attorney Bryan C. Diner - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification)Motions referred to Jennifer L. Hall.(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 06/01/2021) (0) |
| Jun 1, 2021 | N/A | SO ORDERED, 40 Motion for Pro Hac Vice Appearance of Attorney Bryan C. Diner filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP. ORDERED by Judge Jennifer L. Hall on 6/1/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 06/01/2021) (0) |
| May 28, 2021 | 39 | MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Swize - filed by Modoral Brands Inc.. Motions referred to Jennifer L. Hall.(Mayo, Andrew) [Transferred from Delaware on 6/22/2021.] (Entered: 05/28/2021) (3) |
| May 21, 2021 | 37 | Letter to The Honorable Jennifer L. Hall from Christopher Viceconte, Esq. regarding supplementation of record related to Defendants' motion for partial dismissal and to transfer, or, in the alternative, to stay - re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay. (Attachments: # 1 Exhibit 1)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 05/21/2021) (0) |
| May 21, 2021 | 38 | REQUEST for Oral Argument by Modoral Brands Inc. re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Person . (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 05/21/2021) (1) |
| May 19, 2021 | 36 | REPLY BRIEF re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by NYZ AB. (Attachments: # 1 Certificate of Compliance)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 05/19/2021) (0) |
| May 18, 2021 | 35 | Joint Letter to The Honorable Jennifer L. Hall from John G. Day regarding whether it would be appropriate to enter a scheduling order at this time or whether there is good cause not to do so. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 05/18/2021) (3) |
| May 12, 2021 | 34 | ANSWERING BRIEF in Opposition re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Modoral Brands Inc..Reply Brief due date per Local Rules is 5/19/2021. (Attachments: # 1 Exhibit A)(Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 05/12/2021) (0) |
| May 6, 2021 | N/A | Pro Hac Vice Attorney Gasper J. LaRosa for Modoral Brands Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) [Transferred from Delaware on 6/22/2021.] (Entered: 05/06/2021) (0) |
| May 6, 2021 | N/A | Pro Hac Vice Attorney John J. Normile for Modoral Brands Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) [Transferred from Delaware on 6/22/2021.] (Entered: 05/06/2021) (0) |
| May 4, 2021 | 32 | ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay (D.I. 13 ) is scheduled for Thursday, June 3, 2021 at 1:00 PM via video conference before Judge Jennifer L. Hall. The parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing the following information regarding oral argument on or before June 1, 2021: (1) a video conference link with instructions on how to join the conference; (2) a separate audio-only dial-in; and (3) a list of attendees for each party, specifying who will be presenting argument. Any video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Slide presentations or demonstratives may be presented by the parties on the video conference screen or referred to by the parties at the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 5/4/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 05/04/2021) (0) |
| May 4, 2021 | 33 | ORAL ORDER: IT IS HEREBY ORDERED THAT, on or before May 18, 2021, the parties shall file a joint letter advising the Court as to whether it would be appropriate to enter a scheduling order at this time or whether there is good cause not to do so. ORDERED by Judge Jennifer L. Hall on 5/4/2021. (ceg) [Transferred from Delaware on 6/22/2021.] (Entered: 05/04/2021) (0) |
| Apr 29, 2021 | 31 | Letter to The Honorable Jennifer L. Hall from John G. Day regarding Plaintiff Modoral's response to Defendants' April 23, 2021 letter to the Court. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 04/29/2021) (2) |
| Apr 28, 2021 | 29 | MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by NYZ AB. (Attachments: # 1 Text of Proposed Order)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 04/28/2021) (0) |
| Apr 28, 2021 | 30 | OPENING BRIEF in Support re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by NYZ AB.Answering Brief/Response due date per Local Rules is 5/12/2021. (Attachments: # 1 Certificate of Compliance)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 04/28/2021) (0) |
| Apr 26, 2021 | N/A | ORAL ORDER REFERRING CASE to Magistrate Judge Jennifer L. Hall to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636 (b) and any further order of the Court. Ordered by Judge Colm F. Connolly on 4/26/2021. (nmf) [Transferred from Delaware on 6/22/2021.] (Entered: 04/26/2021) (0) |
| Apr 26, 2021 | N/A | MOTION REFERRED: 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay, 16 MOTION for Extension of Time to File Answer re SO ORDERED, Set/Reset Answer Deadline(s), 14 Declaration, 15 Opening Brief in Support, 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer Motion referred to Magistrate Judge Jennifer L. Hall.(nmf) [Transferred from Delaware on 6/22/2021.] (Entered: 04/26/2021) (0) |
| Apr 23, 2021 | 28 | Letter to The Honorable Colm F. Connolly from Christopher Viceconte regarding response and supplementation of record related to Defendants' motion for partial dismissal and to transfer, or, in the alternative, to stay. - re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay. (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 04/23/2021) (2) |
| Apr 13, 2021 | N/A | SO ORDERED, re 27 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth A. Niemeyer filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP. Signed by Judge Colm F. Connolly on 4/13/2021. (fms) [Transferred from Delaware on 6/22/2021.] (Entered: 04/13/2021) (0) |
| Apr 13, 2021 | N/A | Pro Hac Vice Attorney Elizabeth A. Niemeyer for NYZ AB, for Pinkerton Tobacco Co. LP,for Swedish Match North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) [Transferred from Delaware on 6/22/2021.] (Entered: 04/13/2021) (0) |
| Apr 12, 2021 | 27 | MOTION for Pro Hac Vice Appearance of Attorney Elizabeth A. Niemeyer - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 04/12/2021) (0) |
| Mar 17, 2021 | 26 | Letter to The Honorable Colm F. Connolly from John G. Day regarding supplementation of record related to Defendants' motion for partial dismissal and to transfer, or, in the alternative, to stay. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 03/17/2021) (1) |
| Mar 4, 2021 | 25 | REQUEST for Oral Argument by Pinkerton Tobacco Co. LP, Swedish Match North America LLC re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay. (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 03/04/2021) (2) |
| Feb 25, 2021 | 22 | REPLY BRIEF re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay filed by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Certificate of Compliance)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/25/2021) (0) |
| Feb 25, 2021 | 23 | DECLARATION re 22 Reply Brief, in Further Support of Defendants Motion for Partial Dismissal and to Transfer or, in the Alternative, to Stay by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Exhibit I, # 2 Exhibit J)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/25/2021) (0) |
| Feb 25, 2021 | 24 | REPLY to Response to Motion re 16 MOTION for Extension of Time to File Answer re SO ORDERED,, Set/Reset Answer Deadline(s), 14 Declaration, 15 Opening Brief in Support, 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alt filed by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/25/2021) (7) |
| Feb 18, 2021 | 19 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Swedish Match USA Inc., Corporate Parent Swedish Match North Europe AB, Corporate Parent Swedish Match AB, Corporate Parent Pinkerton Tobacco Co. LLC for NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/18/2021) (2) |
| Feb 18, 2021 | 20 | ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay filed by Modoral Brands Inc..Reply Brief due date per Local Rules is 2/25/2021. (Attachments: # 1 Exhibit 1)(Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 02/18/2021) (0) |
| Feb 18, 2021 | 21 | RESPONSE to Motion re 16 MOTION for Extension of Time to File Answer re SO ORDERED,, Set/Reset Answer Deadline(s), 14 Declaration, 15 Opening Brief in Support, 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alt filed by Modoral Brands Inc.. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 02/18/2021) (5) |
| Feb 16, 2021 | N/A | Pro Hac Vice Attorney Timothy J. May for NYZ AB, Pinkerton Tobacco Co. LP and Swedish Match North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) [Transferred from Delaware on 6/22/2021.] (Entered: 02/16/2021) (0) |
| Feb 8, 2021 | 18 | NOTICE of NYZ AB's Statement of Non-Opposition to Transfer to the Central District of California by NYZ AB re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/08/2021) (3) |
| Feb 5, 2021 | 17 | MOTION for Pro Hac Vice Appearance of Attorney Timothy J. May - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Certification)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/05/2021) (0) |
| Feb 5, 2021 | N/A | SO ORDERED, re 17 MOTION for Pro Hac Vice Appearance of Attorney Timothy J. May filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP. Signed by Judge Colm F. Connolly on 2/5/2021. (fms) [Transferred from Delaware on 6/22/2021.] (Entered: 02/05/2021) (0) |
| Feb 4, 2021 | 13 | MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay - filed by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Certification Pursuant to D. Del. Local Rule 7.1.1, # 2 Text of Proposed Order)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/04/2021) (0) |
| Feb 4, 2021 | 14 | DECLARATION re SO ORDERED,, Set/Reset Answer Deadline(s), 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay, 1 Complaint, by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/04/2021) (0) |
| Feb 4, 2021 | 15 | OPENING BRIEF in Support re 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay filed by Pinkerton Tobacco Co. LP, Swedish Match North America LLC.Answering Brief/Response due date per Local Rules is 2/18/2021. (Attachments: # 1 Certificate of Compliance)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/04/2021) (0) |
| Feb 4, 2021 | 16 | MOTION for Extension of Time to File Answer re SO ORDERED,, Set/Reset Answer Deadline(s), 14 Declaration, 15 Opening Brief in Support, 13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and to Transfer or, in the Alternative, to Stay, 1 Complaint, - filed by Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Certification Pursuant to D. Del. Local Rule 7.1.1, # 2 Text of Proposed Order)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 02/04/2021) (0) |
| Jan 12, 2021 | N/A | Pro Hac Vice Attorney Paul Townsend for NYZ AB, Pinkerton Tobacco Co. LP and Swedish Match North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) [Transferred from Delaware on 6/22/2021.] (Entered: 01/12/2021) (0) |
| Jan 12, 2021 | N/A | Pro Hac Vice Attorney Caitlin E. O'Connell for NYZ AB, Pinkerton Tobacco Co. LP and Swedish Match North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) [Transferred from Delaware on 6/22/2021.] (Entered: 01/12/2021) (0) |
| Jan 8, 2021 | 11 | MOTION for Pro Hac Vice Appearance of Attorney Caitlin E. O'Connell, Esq. - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification by Counsel to be Admited Pro Hac Vice)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 01/08/2021) (0) |
| Jan 8, 2021 | 12 | MOTION for Pro Hac Vice Appearance of Attorney Paul Townsend - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification by Counsel to be Admitted Pro Hac Vice)(Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 01/08/2021) (0) |
| Jan 8, 2021 | N/A | SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Caitlin E. O'Connell, Esq. filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP, 12 MOTION for Pro Hac Vice Appearance of Attorney Paul Townsend filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP. Signed by Judge Colm F. Connolly on 1/8/2021. (fms) [Transferred from Delaware on 6/22/2021.] (Entered: 01/08/2021) (0) |
| Jan 7, 2021 | N/A | Pro Hac Vice Attorney Stephanie E. Parker for Modoral Brands Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) [Transferred from Delaware on 6/22/2021.] (Entered: 01/07/2021) (0) |
| Jan 5, 2021 | 10 | MOTION for Pro Hac Vice Appearance of Attorney Stephanie E. Parker, Anthony M. Insogna, Randall E. Kay, John J. Normile, and Gasper J. LaRosa - filed by Modoral Brands Inc.. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 01/05/2021) (7) |
| Jan 5, 2021 | N/A | SO ORDERED, re 10 MOTION for Pro Hac Vice Appearance of Attorney Stephanie E. Parker, Anthony M. Insogna, Randall E. Kay, John J. Normile, and Gasper J. LaRosa filed by Modoral Brands Inc. Signed by Judge Colm F. Connolly on 1/5/2021. (fms) [Transferred from Delaware on 6/22/2021.] (Entered: 01/05/2021) (0) |
| Jan 4, 2021 | N/A | SO ORDERED, re 9 STIPULATION TO EXTEND TIME Answer to Complaint to February 4, 2021 for Swedish Match North America LLC and Pinkerton Tobacco Co. LP; April 28, 2021 for NYZ AB filed by NYZ AB, Swedish Match North America LLC, Pinkerton Tobacco Co. LP, Set/Reset Answer Deadlines: NYZ AB answer due 4/28/2021; Pinkerton Tobacco Co. LP answer due 2/4/2021; Swedish Match North America LLC answer due 2/4/2021. Signed by Judge Colm F. Connolly on 1/4/2021. (fms) [Transferred from Delaware on 6/22/2021.] (Entered: 01/04/2021) (0) |
| Dec 30, 2020 | 8 | NOTICE of Appearance by Christopher Viceconte on behalf of NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 12/30/2020) (1) |
| Dec 30, 2020 | 9 | STIPULATION TO EXTEND TIME Answer to Complaint to February 4, 2021 for Swedish Match North America LLC and Pinkerton Tobacco Co. LP; April 28, 2021 for NYZ AB - filed by NYZ AB, Pinkerton Tobacco Co. LP, Swedish Match North America LLC. (Viceconte, Christopher) [Transferred from Delaware on 6/22/2021.] (Entered: 12/30/2020) (2) |
| Dec 16, 2020 | N/A | Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) [Transferred from Delaware on 6/22/2021.] (Entered: 12/16/2020) (0) |
| Dec 15, 2020 | 6 | SUMMONS Returned Executed by Modoral Brands Inc.. Swedish Match North America LLC served on 12/15/2020, answer due 1/5/2021. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 12/15/2020) (2) |
| Dec 15, 2020 | 7 | SUMMONS Returned Executed by Modoral Brands Inc.. Pinkerton Tobacco Co. LP served on 12/15/2020, answer due 1/5/2021. (Day, John) [Transferred from Delaware on 6/22/2021.] (Entered: 12/15/2020) (2) |
| Dec 14, 2020 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) [Transferred from Delaware on 6/22/2021.] (Entered: 12/14/2020) (3) |
| Dec 14, 2020 | 3 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,161,908 B2. (sam) [Transferred from Delaware on 6/22/2021.] (Entered: 12/14/2020) (1) |
| Dec 14, 2020 | 4 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent RAI Innovations Company, Corporate Parent Reynolds American Inc., Other Affiliate BAT PLC for Modoral Brands Inc. filed by Modoral Brands Inc. (sam) [Transferred from Delaware on 6/22/2021.] (Entered: 12/14/2020) (2) |
| Dec 14, 2020 | 5 | Summonses Issued as to Pinkerton Tobacco Co. LP and Swedish Match North America LLC (please complete the top portion of the form and print out for use/service). (Attachments: # 1 Summons)(sam) [Transferred from Delaware on 6/22/2021.] (Entered: 12/14/2020) (0) |
