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Case number 2020-1996

f'real Foods LLC v. Hamilton Beach Brands, Inc. > Documents

Date Field Doc. No.Description (Pages)
Aug 27, 2021 61 Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [795668] [20-1996, 20-2042] [MVH] [Entered: 08/27/2021 08:43 AM] (1)
Jul 25, 2021 0 F'REAL FOODS LLC v. HAMILTON BEACH BRANDS, INC. [RULE 36 JUDGMENT] [nonprecedential] (0)
Jul 21, 2021 60 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [787520] [20-1996, 20-2042] [MVH] [Entered: 07/21/2021 09:08 AM] (2)
Jul 8, 2021 59 Submitted after ORAL ARGUMENT to Panel: Newman, Circuit Judge; Prost, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Mr. William Stephen Foster, Jr. for Hamilton Beach Brands, Inc. and Hershey Creamery Company and Mr. Rodger D. Smith, II for Rich Products Corporation and f'real Foods LLC.Oral Argument Audio available here. [784951] [JCP] [Entered: 07/08/2021 01:03 PM] (0)
Jun 14, 2021 58 Response to notice of oral argument from Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 06/14/2021 by email. [780084] [20-1996] [William Foster] [Entered: 06/14/2021 02:08 PM] (1)
Jun 11, 2021 57 Response to notice of oral argument from Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 06/11/2021 by email. [779882] [20-1996] [Rodger Smith] [Entered: 06/11/2021 05:05 PM] (1)
May 21, 2021 56 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2107F. Case scheduled July 8, 2021. Response to Notice of Oral Argument due: 06/15/2021. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. The Counsel Telephonic Argument Orientation Information can be found here. Service as of this date by the Clerk of Court. [776553] [MJL] [Entered: 05/21/2021 04:41 PM] (1)
Apr 9, 2021 55 The following conflict dates submitted by Rodger D. Smith, II for Rich Products Corporation and f'real Foods LLC have been accepted by the court: 06/07/2021, 06/08/2021, 06/09/2021, 06/10/2021, 06/11/2021. [767858] [MJL] [Entered: 04/09/2021 06:14 PM] (0)
Apr 9, 2021 54 The following conflict dates submitted by William Stephen Foster, Jr. for Hamilton Beach Brands, Inc. and Hershey Creamery Company have been accepted by the court: 08/02/2021, 08/03/2021, 08/04/2021, 08/05/2021, 08/06/2021. [767857] [MJL] [Entered: 04/09/2021 06:13 PM] (0)
Apr 7, 2021 53 6 paper copies of Doc. No. [44], [30], [21] received from Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. [767673] [VDW] [Entered: 04/09/2021 09:30 AM] (0)
Apr 7, 2021 52 Notice from Cross-Appellants f'real Foods LLC and Rich Products Corporation regarding conflicts with oral argument. Service: 04/07/2021 by email. [767295] [20-1996] [Rodger Smith] [Entered: 04/07/2021 01:56 PM] (4)
Apr 7, 2021 51 Notice from Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company regarding conflicts with oral argument. Service: 04/07/2021 by email. [767206] [20-1996] [William Foster] [Entered: 04/07/2021 10:37 AM] (1)
Apr 6, 2021 50 Amended Entry of appearance for Rodger D. Smith II as counsel for Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 04/06/2021 by email. [767023] [20-1996] [Rodger Smith] [Entered: 04/06/2021 04:01 PM] (1)
Apr 6, 2021 49 Notice from Cross-Appellants f'real Foods LLC and Rich Products Corporation Notice of Withdrawal of Counsel. Service: 04/06/2021 by email. [767021] [20-1996] [Rodger Smith] [Entered: 04/06/2021 03:58 PM] (6)
Apr 5, 2021 48 6 paper copies of Doc. No. [31], [25] received from Cross-Appellants Rich Products Corporation and f'real Foods LLC. [766945] [VDW] [Entered: 04/06/2021 01:31 PM] (0)
Mar 31, 2021 47 Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before April 7, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [765978] [KMH] [Entered: 03/31/2021 02:57 PM] (0)
Mar 31, 2021 46 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [765977] [KMH] [Entered: 03/31/2021 02:55 PM] (1)
Mar 19, 2021 45 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 03/19/2021 by email. [763625] --[Edited 03/31/2021 by KMH - compliance review complete] [William Foster] [Entered: 03/19/2021 05:24 PM] (1025)
Mar 19, 2021 44 MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 03/19/2021 by email. [763618]--[Edited 03/31/2021 by KMH - compliance review complete] [William Foster] [Entered: 03/19/2021 05:17 PM] (0)
Mar 15, 2021 43 NOTICE OF NON-COMPLIANCE: The submission of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company, Confidential and Nonconfidential Appendix [41], [42], are not in compliance with the rules of this court (see attached). Compliant documents due on 03/22/2021. Service as of this date by the Clerk of Court. [762262] [KMH] [Entered: 03/15/2021 01:29 PM] (1)
Mar 3, 2021 42 CORRECTED APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 03/03/2021 by email. [759919] [20-1996] This document is non-compliant. See Doc No. [43] [William Foster] [Entered: 03/03/2021 06:11 PM] (1025)
Mar 3, 2021 41 CORRECTED CONFIDENTIAL APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 03/03/2021 by email. [759918] [20-1996] This document is non-compliant. See Doc No. [43] [William Foster] [Entered: 03/03/2021 05:48 PM] (0)
Feb 24, 2021 39 NOTICE OF NON-COMPLIANCE: The submission of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company, Confidential and NonConfidential Appendix [34], [35], are not in compliance with the rules of this court (see attached). Compliant documents due on 03/03/2021. Service as of this date by the Clerk of Court. [758220] [KMH] [Entered: 02/24/2021 10:47 AM] (2)
Feb 23, 2021 40 Supplementary Media Appendix received on DVD from Hamilton Beach Brands, Inc. and Hershey Creamery Company. Number of copies: 4. [759859] [VDW] [Entered: 03/03/2021 03:19 PM] (0)
Feb 22, 2021 38 ORDER granting [32] the motion. ECF No. 31 is accepted for filing as f’real's reply brief. Service as of this date by the Clerk of Court. [757604] [LMS] [Entered: 02/22/2021 11:56 AM] (2)
Feb 17, 2021 37 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 02/17/2021 by email. [756884] [20-1996] [William Foster] [Entered: 02/17/2021 05:10 PM] (3)
Feb 17, 2021 36 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 02/17/2021 by email. [756881] [20-1996] [Rodger Smith] [Entered: 02/17/2021 04:46 PM] (3)
Feb 16, 2021 32 MOTION of Cross-Appellants f'real Foods LLC and Rich Products Corporation for leave to file a response/reply to Doc. No. [31]. Service: 02/16/2021 by email. [756244] [20-1996] [Rodger Smith] [Entered: 02/16/2021 12:54 PM] (8)
Feb 16, 2021 31 REPLY BRIEF FILED by Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 02/16/2021 by email. (PENDING COMPLIANCE REVIEW) [756239] [20-1996] [Rodger Smith] [Entered: 02/16/2021 12:46 PM] (29)
Feb 16, 2021 33 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 02/16/2021 by email. [756577] [20-1996] [William Foster] [Entered: 02/16/2021 07:26 PM] (3)
Feb 16, 2021 34 CONFIDENTIAL APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 02/16/2021 by email. (PENDING COMPLIANCE REVIEW) [756605] [20-1996] [William Foster] [Entered: 02/16/2021 08:23 PM] (0)
Feb 16, 2021 35 APPENDIX FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 02/16/2021 by email. (PENDING COMPLIANCE REVIEW) [756606] [20-1996] [William Foster] [Entered: 02/16/2021 08:39 PM] (1019)
Jan 19, 2021 30 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 01/19/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [750272] --[Edited 01/27/2021 by KMH - compliance review complete] [William Foster] [Entered: 01/19/2021 06:10 PM] (61)
Dec 14, 2020 29 **TEXT ONLY** ORDER granting motion to extend time to file brief [28] filed by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. The reply brief is due 01/19/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [742253] [LMN] [Entered: 12/14/2020 09:53 AM] (0)
Dec 9, 2020 28 MOTION of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company to extend the time to 01/19/2021 to file brief. Service: 12/09/2020 by email. [741584] [20-1996] [William Foster] [Entered: 12/09/2020 04:45 PM] (4)
Nov 25, 2020 27 Notice of Correction to Doc No. [25] for Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 11/25/2020 by email. [738305] [20-1996] [Rodger Smith] [Entered: 11/25/2020 09:18 AM] (5)
Nov 24, 2020 26 NOTICE OF NON-COMPLIANCE: The submission of Cross-Appellants Rich Products Corporation and f'real Foods LLC, Response Brief [24], [25], is not in compliance with the rules of this court (see attached). Compliant document is due on 12/03/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [738167] [LMN] [Entered: 11/24/2020 04:26 PM] (1)
Nov 23, 2020 25 MODIFIED ENTRY: RESPONSE BRIEF FILED by Cross-Appellants Rich Products Corporation and f'real Foods LLC. Service: 11/23/2020 by email. [737839] --[Edited 11/25/2020 by LMN - compliance review complete] [Rodger Smith] [Entered: 11/23/2020 05:38 PM] (103)
Nov 23, 2020 24 RESPONSE BRIEF FILED by Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 11/23/2020 by email. This document has been corrected. See Doc. [25] [737825] [20-1996] This document is non-compliant. See Doc No. [26]--[Edited 11/25/2020 by LMN] [Rodger Smith] [Entered: 11/23/2020 05:08 PM] (103)
Oct 29, 2020 23 **TEXT ONLY** ORDER granting motion to extend time to file brief [22] filed by Cross-Appellants Rich Products Corporation and f'real Foods LLC. The response brief is due 11/23/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [732205] [LMN] [Entered: 10/29/2020 08:30 AM] (0)
Oct 28, 2020 22 MOTION of Cross-Appellants f'real Foods LLC and Rich Products Corporation to extend the time to 11/23/2020 to file brief. Service: 10/28/2020 by email. [732169] [20-1996] [Rodger Smith] [Entered: 10/28/2020 05:10 PM] (7)
Sep 28, 2020 21 MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 09/28/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [724977] --[Edited 10/01/2020 by LMN - compliance review complete] [William Foster] [Entered: 09/28/2020 10:38 PM] (168)
Sep 24, 2020 20 ORDER filed vacating this court’s July 28, 2020 order that temporarily stayed the recall provision [8]. The motion is granted to the extent that Hershey’s time to comply with the recall is modified as stated in this order [5]. Service as of this date by the Clerk of Court. [724193] [NL] [Entered: 09/24/2020 10:19 AM] (2)
Sep 3, 2020 19 ORDER granting motion to extend time to file brief [18]. Hershey’s opening brief is due no later than September 28, 2020. Service as of this date by the Clerk of Court. [719317] [NL] [Entered: 09/03/2020 10:03 AM] (2)
Sep 1, 2020 18 MOTION of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company to extend the time to 09/28/2020 to file the Appellants' Opening Brief. [Consent: unopposed]. Service: 09/01/2020 by email. [718949] [20-1996] [William Foster] [Entered: 09/01/2020 04:40 PM] (8)
Aug 12, 2020 17 Amended Notice of Appeal for Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 08/11/2020 by email. [714382] [LMN] [Entered: 08/12/2020 10:37 AM] (40)
Aug 7, 2020 16 REPLY of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company to response [15]. Service: 08/07/2020 by email. [713492] [20-1996] [William Foster] [Entered: 08/07/2020 05:37 PM] (127)
Aug 4, 2020 15 RESPONSE of Cross-Appellants f'real Foods LLC and Rich Products Corporation to the motion for stay pending appeal under Rule 8/18 [5] filed by Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 08/04/2020 by email. [712514] [20-1996] [Guy Chambers] [Entered: 08/04/2020 05:01 PM] (88)
Jul 30, 2020 14 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [9], Doc No. [10], Doc No. [11], ERROR: The documents contain non-compliant signatures. CORRECTION: For all future filings, please use an electronic signature consisting of the printed name of the individual preceded by the mark /s/ entered on the signature line. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [711254] [EKD] [Entered: 07/30/2020 11:07 AM] (0)
Jul 30, 2020 13 REMINDER: Attorney Rodger D. Smith II is reminded that the information on the Entry of Appearance (EOA) and the information in the user account must match. Please promptly update the EOA or the account information on www.pacer.gov. [711234] [EKD] [Entered: 07/30/2020 10:16 AM] (0)
Jul 29, 2020 12 Docketing Statement for the Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 07/29/2020 by email. [711152] [20-1996] [William Foster] [Entered: 07/29/2020 06:37 PM] (2)
Jul 29, 2020 11 Docketing Statement for the Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 07/29/2020 by email. [711060] [20-1996] [Guy Chambers] [Entered: 07/29/2020 02:58 PM] (2)
Jul 29, 2020 10 Certificate of Interest for Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 07/29/2020 by email. [711059] [20-1996] [Guy Chambers] [Entered: 07/29/2020 02:56 PM] (3)
Jul 29, 2020 9 Entry of appearance for Guy W. Chambers; Rodger D. Smith II; Michael J. Flynn as counsel for Cross-Appellants f'real Foods LLC and Rich Products Corporation. Service: 07/29/2020 by email. [711057] [20-1996] [Guy Chambers] [Entered: 07/29/2020 02:54 PM] (2)
Jul 28, 2020 8 ORDER filed directing f'real to respond to the motion [5] within seven days from the date of filing of this order. Any reply in support of the motion is due three days thereafter. Paragraph 2 of the district court's order requiring Hershey to recall the MIC2000 blenders and certify compliance with regard to the recall is stayed pending this court's consideration of the motion papers. The other terms of the district court's order remain in effect. (Per Curiam). Service as of this date by the Clerk of Court. [710775]--[Edited 09/23/2020 by JCA] [LMS] [Entered: 07/28/2020 05:05 PM] (2)
Jul 28, 2020 7 REMINDER: Attorney Mihalik is reminded that the information on the Entry of Appearance (EOA) and the information in the user account must match. Please promptly update the EOA or the account information on www.pacer.gov. [710471] [LMN] [Entered: 07/28/2020 08:05 AM] (0)
Jul 27, 2020 6 Certificate of Interest for Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 07/27/2020 by email. [710455] [20-1996] [William Foster] [Entered: 07/27/2020 08:49 PM] (3)
Jul 27, 2020 5 MOTION of Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company for an emergency stay pending appeal under Rule 8/18 [Consent: not addressed]. Service: 07/27/2020 by email. [710454] [20-1996] [William Foster] [Entered: 07/27/2020 08:48 PM] (192)
Jul 27, 2020 4 Entry of appearance for William S. Foster, Jr.; Francis DiGiovanni; Brianna Lynn Silverstein; Bethany Mihalik as counsel for Appellants Hamilton Beach Brands, Inc. and Hershey Creamery Company. Service: 07/27/2020 by email. [710453] [20-1996] [William Foster] [Entered: 07/27/2020 08:36 PM] (2)
Jul 24, 2020 3 Official caption revised to reflect cross-appeal 20-2042. (see attached). Service as of this date by the Clerk of Court. [710013] [EKD] [Entered: 07/24/2020 04:00 PM] (2)
Jul 24, 2020 2 Note to File: The following cases are consolidated: 20-1996 Lead with 20-2042 Cross-Appeal. The parties must file all documents in the lead appeal only. [710011] [20-1996, 20-2042] [EKD] [Entered: 07/24/2020 03:57 PM] (0)
Jul 15, 2020 1 Appeal docketed. Received: 07/09/2020. [707796]Entry of Appearance is due on 07/29/2020. Certificate of Interest is due on 07/29/2020. Docketing Statement is due on 07/29/2020. Appellant's brief is due on 09/14/2020. [KMH] [Entered: 07/15/2020 02:31 PM] (43)
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