Some selected documents for this case are included below.
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Date Filed
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Document Text
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August 8, 2007
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1
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COMPLAINT against Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Filing Fee $
350.00, Receipt Number 623171)Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(tro) Additional attachment(s) added on 8/14/2007 (Polanco,
Juan).
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August 8, 2007
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2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Johnson & Johnson as Corporate Parent. Document filed by Johnson & Johnson Consumer Companies, Inc..(tro) Additional
attachment(s) added on 8/13/2007 (Polanco, Juan).
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August 13, 2007
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3
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NOTICE OF COURT CONFERENCE: counsel for all parties are to attend a conference pursuant to F.R.C.P. Rule 16 on 8/16/2007 at 3:30 PM in Courtroom 14B, 500 Pearl Street, New York,
NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/13/07) (kco)
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August 16, 2007
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4
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NOTICE OF APPEARANCE by Gregory L. Diskant on behalf of Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (Attachments: # 1 Affidavit of Service)(Diskant,
Gregory)
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August 20, 2007
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5
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CIVIL CASE MANAGEMENT PLAN: Joinder of Parties due by 9/15/2007. Amended Pleadings due by 9/5/2007. First request for production of documents due by 8/24/2007. Interrogatories due
by 8/24/2007. Claims to offer Expert testimony due by 11/15/2007, Available for deposition within 10 days thereafter or by 11/25/2007. Opposition to claim of Expert Testimony due
by 12/15/2007, available for deposition within 10 days thereafter or by 12/24/2007. Fact Depositions due by 11/8/2007, Expert Depositions due by 12/24/2007. Requests to Admit due
by 10/8/2007. All Discovery due by 12/24/2007. Post-Discovery Summary Judgment Motions due by 11/21/2007. Responses due by 12/5/2007, Replies due by 12/12/2007. Final Pretrial
Conference set for 1/4/2007 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/16/2007) (jar)
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August 21, 2007
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6
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NOTICE OF APPEARANCE by Sarah Elizabeth Zgliniec on behalf of Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (Zgliniec, Sarah)
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August 28, 2007
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7
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 ORDER FOR ADMISSION PRO HAC VICE ON
WRITTEN MOTION. Attorney Raymond A. Kurz for Learning Curve International, Inc. and Magla Products, LLC, Water-Jel Technologies, Inc. , First Aid Only, Inc. admitted Pro Hac Vice.
Because this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password. (Signed by Judge Jed S. Rakoff on 8/27/07) (tro)
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August 28, 2007
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8
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ORDER FOR ADMISSION PRO HAC VICE ON
WRITTEN MOTION. Attorney Jonathan L. Abram for Learning Curve International, Inc. and Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc. admitted Pro Hac
Vice. Because this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password. (Signed by Judge Jed S. Rakoff on 8/27/07)
(tro)
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August 27, 2007
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9
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MOTION for Raymond A. Kurz to Appear Pro Hac Vice. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc.,
The American National Red Cross. (jco)
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August 27, 2007
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10
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MOTION for Jonathan L. Abram to Appear Pro Hac Vice. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc.,
The American National Red Cross.(jco)
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September 5, 2007
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11
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AMENDED COMPLAINT amending 1 Complaint, against Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National
Red Cross. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. Related document: 1 Complaint, filed by Johnson & Johnson, Johnson &
Johnson Consumer Companies, Inc. (jco)
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September 12, 2007
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12
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NOTICE OF APPEARANCE by Jonathan L. Abram on behalf of Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American
National Red Cross (Abram, Jonathan)
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September 12, 2007
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13
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NOTICE OF APPEARANCE by Raymond A. Kurz on behalf of Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American
National Red Cross (Kurz, Raymond)
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September 20, 2007
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14
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only,
Inc., The American National Red Cross.Responses due by 10/8/2007 (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss)(Abram, Jonathan) Modified on 9/21/2007 (KA).
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September 20, 2007
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15
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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by The American National Red Cross. Related document: 11 Amended Complaint,
filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1 Exhibit A, part 1# 2 Exibit A, part 2# 3 Exhibit B# 4 Exhibit C)(Abram, Jonathan)
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September 20, 2007
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16
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Aid Only, Inc..(Abram, Jonathan)
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September 20, 2007
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17
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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by First Aid Only, Inc.. Related document: 11 Amended Complaint, filed by
Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2)(Abram, Jonathan)
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September 20, 2007
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18
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying R2 Corporation as Corporate Parent. Document filed by Learning Curve International, Inc..(Abram, Jonathan)
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September 20, 2007
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19
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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Learning Curve International, Inc.. Related document: 11 Amended Complaint,
filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2)(Abram, Jonathan)
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September 20, 2007
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20
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Magla Products, LLC.(Abram, Jonathan)
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September 20, 2007
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21
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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Magla Products, LLC. Related document: 11 Amended Complaint, filed by Johnson
& Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2)(Abram, Jonathan)
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September 20, 2007
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22
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Water-Jel Holding Company, Inc. as Corporate Parent. Document filed by Water-Jel Technologies, Inc..(Abram, Jonathan)
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September 20, 2007
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23
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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Water-Jel Technologies, Inc.. Related document: 11 Amended Complaint, filed
by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2)(Abram, Jonathan)
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September 21, 2007
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24
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MOTION to Dismiss. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red
Cross.Responses due by 10/8/2007(Abram, Jonathan)
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September 21, 2007
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25
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MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only,
Inc., The American National Red Cross. (Abram, Jonathan)
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October 8, 2007
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26
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AFFIRMATION of Ravi V. Sitwala in Opposition re: 24 MOTION to Dismiss.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: # 1
Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Diskant, Gregory)
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October 8, 2007
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27
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MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Diskant, Gregory)
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October 10, 2007
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28
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ANSWER to Counterclaim. Document filed by Johnson & Johnson.(Zissu, Roger)
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October 10, 2007
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29
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ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)
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October 10, 2007
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30
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ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)
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October 10, 2007
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31
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ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)
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October 10, 2007
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32
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ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)
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October 17, 2007
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33
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REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid
Only, Inc., The American National Red Cross. (Attachments: # 1 Legislative History Excerpts)(Abram, Jonathan)
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November 6, 2007
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34
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ORDER re: Defendants 24 Motion to
Dismiss. For reasons that will be explained in a subsequent Memorandum that will issue in due course, the Fourth Claim, alleging promissory estoppel, is hereby dismissed with
prejudice, and the First Claim, alleging tortious interference with prospective economic advantage, is hereby deemed limited to interference with plaintiffs' economic relations
with those customers identified by name at page 8 of plaintiffs' Memorandum of Law in Opposition to defendants' Partial Motion to Dismiss, namely, Target, Wal-Mart, Walgreens, and
CVS In all other respects, the Motion is denied. (Signed by Judge Jed S. Rakoff on 11/5/07) (db)
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November 6, 2007
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35
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PROTECTIVE ORDER: regarding procedures
to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 11/5/07) (db) Additional attachment(s) added on 11/6/2007 (Espinell,
Antonia).
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November 21, 2007
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38
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MOTION for Summary Judgment. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National
Red Cross.Return Date set for 1/4/2008 at 04:00 PM.(Abram, Jonathan)
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November 21, 2007
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39
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MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First
Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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40
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RULE 56.1 STATEMENT. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red
Cross. (Abram, Jonathan)
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November 21, 2007
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41
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DECLARATION of Scott Conner in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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42
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DECLARATION of Gregory Ballish in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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43
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DECLARATION of Kathleen Loehr in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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44
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DECLARATION of Neal Denton in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc.,
First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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45
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DECLARATION of Joseph C. Becker in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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46
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DECLARATION of Jonathan L. Abram in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Attachments: # 1 Index of Exhibits)(Abram, Jonathan)
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November 21, 2007
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47
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MOTION for Summary Judgment. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Lehrburger, Robert)
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November 21, 2007
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48
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CERTIFICATE OF SERVICE on 11/21/07. Service was made by Court's ECF Notification System. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel
Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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November 21, 2007
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49
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EMERGENCY MOTION for Leave to File 1) The Exhibits Accompanying the Declaration of Jonathan L. Abram in Support of Defendants' Motion for Summary Judgment and 2) The Exhibits and
Appendices Accompanying the Declarations of Ravi J. Sitwala with the Clerk of the Court.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel
Technologies, Inc., First Aid Only, Inc., The American National Red Cross.(Abram, Jonathan)
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November 27, 2007
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54
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MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment. (Publicly Filed Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..
(Lehrburger, Robert)
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November 30, 2007
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55
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MEMO ENDORSEMENT granting 49 Motion
for leave to file. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/29/07) (tro)
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December 3, 2007
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56
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MOTION to Strike. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross.
Responses due by 12/17/2007 Return Date set for 1/4/2008 at 02:00 PM.(Abram, Jonathan)
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December 3, 2007
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57
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MEMORANDUM OF LAW in Support re: 56 MOTION to Strike.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only,
Inc., The American National Red Cross. (Abram, Jonathan)
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December 3, 2007
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58
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DECLARATION of Jonathan L. Abram in Support re: 56 MOTION to Strike.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc.,
First Aid Only, Inc., The American National Red Cross. (Attachments: # 1 Expert Report of Kenneth B. Germain)(Abram, Jonathan)
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December 5, 2007
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59
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DECLARATION of Christopher Y. Miller in Opposition re: 38 MOTION for Summary Judgment.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..
(Diskant, Gregory)
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December 5, 2007
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60
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MEMORANDUM OF LAW in Opposition re: 47 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First
Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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December 5, 2007
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61
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DECLARATION of David Meltzer in Opposition re: 47 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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December 5, 2007
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62
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COUNTER STATEMENT TO Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red
Cross. (Abram, Jonathan)
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December 5, 2007
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63
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DECLARATION of Jonathan L. Abram in Support of Defendant's Response to Plaintiffs' Statement of Undisputed Facts and Defendants' Counter-Statement of Material Facts. Document
filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Attachments: # 1 Index to
Exhibits, # 2 Exhibit 163 thru 173)(Abram, Jonathan)
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December 7, 2007
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67
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MEMORANDUM OF LAW in Opposition re: 38 MOTION for Summary Judgment. (Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment)(Publicly Filed
Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
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December 12, 2007
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69
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REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc.,
First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
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December 12, 2007
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70
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DECLARATION of Jonathan L. Abram in Support re: 38 MOTION for Summary Judgment.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies,
Inc., First Aid Only, Inc., The American National Red Cross. (Attachments: # 1 Exhibit 173 and 174)(Abram, Jonathan)
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December 12, 2007
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71
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REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger,
Robert)
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December 12, 2007
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72
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RESPONSE re: 62 Counter Statement to Rule 56.1 (Plaintiffs' Response to Defendants' Counter-Statement of Undisputed Material Facts). Document filed by Johnson & Johnson,
Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
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December 12, 2007
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73
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DECLARATION of Phyllis S. Wallitt Submitting Exhibits in Response to Defendants' Counter-Statement of Undisputed Material Facts. Document filed by Johnson & Johnson, Johnson
& Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
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December 21, 2007
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75
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REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Strike.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid
Only, Inc., The American National Red Cross. (Abram, Jonathan)
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January 3, 2008
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76
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MEMORANDUM: For reasons further set forth in said Order, Johnson & Johnson's Complaint fails as a matter of law to allege the essentials of a claim for promissory
estoppel....As for defendants' additional arguments for dismissing the First Claim, as well astheir arguments for dismissing the Second, Seventh and Eighth claims, these arguments
are without merit and warrant no discussion here. Counsel are reminded that oral argument on the summary judgment motions in this case will proceed on 1/4/08 at 2:00 p.m. Set
Deadlines/Hearing as to 38 MOTION for Summary Judgment. 47 MOTION for Summary Judgment: (Motion Hearing set for 1/4/2008 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York,
NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/2/08) (db)
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May 15, 2008
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79
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OPINION AND OPINION 96067: For the reasons stated herein, all of the motions are denied except for the portion of J&Js motion seeking dismissal of ARCs three counterclaims and
the portion of defendants motion seeking dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. As for J&Js motion for summary judgment dismissing the codefendant's two
counterclaims for trademark invalidity pursuant to 28 U.S.C. 2201 and cancellation of trademark under 15 U.S.C. 1119 and 15 U.S.C. 1064(3), this motion is premised entirely on the
premise that if the codefendant's use of the emblem is illegal under 18 U.S.C. 706, then the codefendant's do not have standing to assert these counterclaims. Pl. Mem. at 39.
Because, however, the Court has concluded that the codefendant's use of the emblem is not illegal under 18 U.S.C. 706, this argument is moot and the motion must be denied. l4 In
sum, the Court hereby grants the portion of plaintiff's summary judgment motion that seeks dismissal of the three counterclaims brought by defendant American National Red Cross
and hereby grants the portion of defendant's summary judgment motion that seeks dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. In all other respects, the parties
respective summary judgment motions are hereby denied. Counsel are instructed to jointly call Chambers at 2 p.m. on May 16, 2008 to schedule a prompt date for trial of the
remaining claims, i.e. Counts 2, 7, and 8 of the Amended Complaint and the two counterclaims of the codefendant's. (Signed by Judge Jed S. Rakoff on 5/14/2008) (jfe) Modified on
5/16/2008 (ae).
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June 17, 2008
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80
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STIPULATION AND ORDER OF DISMISSAL
that the counterclaims asserted by defendants Learning Curve International, Magla Products, Water-Jel Technologies, and First Aid Only for declaratory judgment for trademark
invalidity and for trademark cancellation are dismissed without prejudice. All other claims and counterclaims not heretofore disposed of by order of this Court are hereby
dismissed with prejudice, with each party bearing its own costs, attorneys' fees and expenses. (Signed by Judge Jed S. Rakoff on 6/18/08) (cd)
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June 23, 2008
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81
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ORDER On June 9, 2008, a courtroom
view network (CVN) requested that the court issue an order permitting it to record and provide audio visual coverage of the trial in the above captioned action, which was
scheduled to being on July 8, 2008. As with CVNs prior application, the court would have been predisposed to grant the application, but the parties have since settled the case,
see Stipulation and Order of Dismissal dated 6/17/08, and accordingly no trial will transpire. The application is therefore denied as moot. (Signed by Judge Jed S. Rakoff on
6/22/08) (mme)
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