Caudill Seed and Warehouse Company, Inc. v. Jarrow Formulas, Inc.
Plaintiff: Caudill Seed and Warehouse Company, Inc.
Defendant: Jarrow Formulas, Inc.
Case Number: 3:2013cv00082
Filed: January 25, 2013
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: John G. Heyburn
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Account Receivable
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 8, 2021 Opinion or Order Filing 605 MEMORANDUM OPINION AND ORDER by Senior Judge Charles R. Simpson, III on 3/5/2021. The motion of Defendant Jarrow Formulas, Inc. for the Court to take judicial notice 577 is DENIED. The motion of Defendant Jarrow Formulas, Inc. for leave to file a sur-reply to Caudill's reply to its request for an award of attorneys' fees 585 is GRANTED. The motion of Plaintiff Caudill Seed and Warehouse Company, Inc. for sanctions 587 is DENIED. The motion of Plaintiff Caudill See d and Warehouse Company, Inc. for an award of attorneys' fees for the successful defense of Jarrow Formulas' Lanham Act counterclaim 161 is DENIED. The motion of Plaintiff Caudill Seed and Warehouse Company, Inc. for an award of ex emplary damages, prejudgment interest, attorneys' fees and for entry of final judgment 464 is GRANTED IN PART AND DENIED IN PART as follows: The motion is GRANTED as to exemplary damages, attorneys' fees, and entry of final judgment. The motion is DENIED as to prejudgment interest and attorneys fees for Lanham Act exceptional case. Plaintiff Caudill Seed and Warehouse Company, Inc.'s supplement in support of its request for an award of attorneys' fees is GRANTED IN PART AND DENIED IN PART as set forth herein. DNs 522 , 523 , and 524 having been vacated by our previous Order 532 , they shall be STRICKEN FROM THE RECORD. A separate Final Judgment will be entered herewith in accordance with this Memorandum Opinion and Order. cc: counsel (SRH)
January 14, 2021 Opinion or Order Filing 594 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 1/14/2021; re 514 MOTION for Sanctions Against Jarrow Formulas, Inc. and 513 MOTION to Quash Subpoena Served on Caudill Seed. Caudill's motion to quas h DN 513 is GRANTED and Caudill's motion for sanctions DN 514 is DENIED. Jarrow's subpoena is quashed. Caudill shall not be required to produce documents or testimony in response to the subpoena. To the extent that Jarrow has dis closed information covered by the agreed protective order DN 33 that is not a part of the public record to any person to which disclosure is not permitted, Jarrow shall undertake the remedial actions set forth in paragraph 21 of the agreed protective order. cc: counsel (SRH)
September 1, 2020 Opinion or Order Filing 583 MEMORANDUM OPINION by Senior Judge Charles R. Simpson III on 8/29/2020. For the reasons stated herein, the Court will overrule Jarrow's objections in part and sustain its objections in part. DN 569. A separate order will be entered in accordance with this opinion. cc: Counsel (ALS)
June 9, 2020 Opinion or Order Filing 530 CORRECTED MEMORANDUM AND OPINION by Senior Judge Charles R. Simpson III on 6/9/2020. For the reasons set forth herein, the motion of Jarrow Formulas, Inc. for judgment as a matter of law or new trial (DN 492 ) will be denied and the court will affirm the award of compensatory damages in the sum determined by the jury. A separate order will be entered this date in accordance with this opinion. cc: Counsel (ALS)
May 31, 2020 Opinion or Order Filing 522 MEMORANDUM OPINION by Senior Judge Charles R. Simpson III on 5/31/2020 - The motion of Jarrow Formulas for judgment as a matter of law or new trial will be denied. The motion for entry of final judgment and for an award of exemplary damages and at torneys' fees will be granted. The request for prejudgment interest will be denied, as will the request for attorneys' fees for defense of the Lanham Act counterclaim which was held in abeyance. A separate final order and final judgment will be entered this date in accordance with this opinion. (KD)
June 25, 2019 Opinion or Order Filing 432 Court's Instructions to the Jury. (MEJ)
April 24, 2019 Opinion or Order Filing 351 MEMORANDUM OPINION AND ORDER Signed by Senior Judge Charles R. Simpson III on 4/23/2019. The Court GRANTS the motions to seal at DNs 310 and 335 . DENIES the motions to seal at DNs 295 , 322 , 332 . GRANTS IN PART AND DENIES IN PART the mot ions to seal at DNs 313 and 329 . The motions are granted with regard to 314 -1, 314 -2, 314 -4, 314 -5, 314 -6, 314 - 7, 330 -1, 330 -2, 330 -3, and 330 -5. The motions are denied with regard to 314 - 3 and 330 -4. Parties shall comply as set forth in Order. cc: Counsel (MEJ)
March 29, 2019 Opinion or Order Filing 341 MEMORANDUM OPINION AND ORDER Signed by Senior Judge Charles R. Simpson III on 3/29/2019. Caudill's Omnibus Motion in Limine (DN 283 ) is GRANTED IN PART AND DENIED IN PART, as described herein. Jarrow's Motion in Limine to Preclude L ay Opinion Testimony Based on Scientific and Technical Knowledge (DN 290 ) is DENIED. Caudill's Motion in Limine to Exclude Witnesses Not Previously Disclosed by Jarrow Formulas, Inc. (DN 298 ) is GRANTED. Jarrow's Motion in Limine to Preclude Arguments or Suggestion that McCarter & English Participated in Acts of Misappropriation (DN 292 ) is DENIED. Jarrow's Motion in Limine to Preclude Evidence of Trade Secret Information Not Described in the Supplemental Response to Interrogatory 1 (DN 289 ) is GRANTED IN PART AND DENIED IN PART, as described herein. Jarrow's Motion in Limine to Preclude Evidence Relating to Alleged Trade Secret Nos. 4 & 5 (DN 288 ) is DENIED. Jarrow's Motion in Limine to Preclude Evidence of Alleged Misappropriation Committed Only by Kean Ashurst on Behalf of Jarrow Formulas (DN 293 ) is DENIED. cc: Counsel (MEJ)
February 27, 2019 Opinion or Order Filing 315 MEMORANDUM OPINION AND ORDER Signed by Senior Judge Charles R. Simpson III on 2/26/2019. The Court GRANTS Defendant Jarrow Formulas, Inc.'s Motion for Leave to Take a Two-Hour Rule 30(B)(6) Deposition of Plaintiff and to Compel Production of an Unredacted Email Between Plaintiff and Its Vendor (DNs 276 , 279 ) as follows. Caudill is ORDERED to designate one or more corporate representatives to give testimony at a Rule 30(b)(6) deposition of no more than two hours on the subjects specified in Jarrow's Notice of Deposition (DN 276 -5 at 89). Caudill is further ORDERED to produce to Magistrate Judge Colin Lindsay WITHIN SEVEN DAYS of this Memorandum Opinion and Order an unredacted copy of its email correspondence with NATECO2 bearing the Bates stamp CAUD-SUPP9-000005 and docketed as DN 278-1. The magistrate may enter an appropriate order in accordance with 28 U.S.C. § 636(b)(1)(A). GRANTS Defendant Jarrow Formulas, Inc.'s Motion to File Exhibits Under Seal (DN 277 ). Parties shall comply as set forth in Order. cc: Counsel (MEJ)
January 22, 2019 Opinion or Order Filing 281 MEMORANDUM OPINION AND ORDER by Senior Judge Charles R. Simpson III on 1/18/2019. The sealed documents are UNSEALED at DNs 100-7, 124-28, 124-29, 124-30, 124-31, 124-32, 124-33, 124-34, 124-35, 126-8, 133-33, 38, 43, 126-3, 133-17, 126-6, 133-18, 12 6-11, 124-4, 204-13, 124-11, 133-7, 61-7, 78-5, 124-19, 124-20, 124-21, 133-46, 126-34, 126-35, 128-31, and 128-32. ORDERS counsel to file unsealed, redacted copies of DNs 69, 71-8, 78-11, 86-1, 126-5, 133-19, 135-4, 165-1, 181-1, 194-2, 78-3, 80-9, 126-23, 128-28, 133-16, 78- 10, 126-7, 135-37, and 204-12 to substitute the currently sealed versions. Parties shall comply as set forth in Order. cc: Counsel (MEJ)
September 28, 2018 Opinion or Order Filing 271 MEMORANDUM OPINION & ORDER Signed by Senior Judge Charles R. Simpson, III on 9/28/2018. Denying 256 Motion for Reconsideration ; denying 259 Motion for Sanctions. cc: Counsel(KJA)
October 24, 2017 Opinion or Order Filing 253 ORDER signed by Magistrate Judge Colin H. Lindsay on 10/24/2017, GRANTING IN PART AND DENYING IN PART Defendant's 192 Motion to Compel. Plaintiff and Defendant must comply with the obligations set forth by 12/22/2017. cc: Counsel(RLK)
September 29, 2017 Opinion or Order Filing 251 MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III on 9/29/2017, re Plaintiff's 190 Omnibus Discovery MOTION to Compel, Strike and for Leave to Disclose a Rebuttal Expert; Plaintiff's 219 MOTION for Pretrial Conference to Set Trial Date; Defendant's 224 MOTION for Leave to Supplement Expert Report of Dr. West; Defendant's 227 MOTION for Leave to File Motion for Partial Summary Judgment; Plaintiff's 228 Motion to Strike Expert West; Defendant's 229 MOTION for Leave to File Surreply to Motion for Pretrial Conference to Set Trial; and Defendant's 247 MOTION for Oral Argument of Summary Judgement Motions. cc: Counsel (RLK)
July 31, 2017 Opinion or Order Filing 241 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Colin H. Lindsay on 7/28/2017, GRANTING IN PART AND DENYING IN PART 211 Motion for Clarification. cc: Counsel(RLK)
July 28, 2017 Opinion or Order Filing 239 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Colin H. Lindsay on 7/28/2017. Plaintiff's 193 Motion to Seal Document is GRANTED IN PART AND DENIED IN PART. Clerk of Court DIRECTED to SEAL documents as set forth. Plaintiff's 197 Motion to Seal Document is GRANTED IN PART AND DENIED IN PART. Clerk of Court DIRECTED to SEAL documents as set forth. Plaintiff's 200 Motion to Seal is GRANTED. Clerk of Court DIRECTED to SEAL documents as set forth. Defendant 9;s 203 Motion to Seal Document is GRANTED IN PART AND DENIED IN PART. Plaintiff's 206 Motion to Seal Document is DENIED. Plaintiff's 209 Motion to Maintain the Seal on Documents already under seal is GRANTED IN PART AND DENIED IN PART. Defendant's 210 Motion to Maintain Documents Under Seal is GRANTED IN PART AND DENIED IN PART, and Defendant's 217 Motion to Maintain the Seal on documents under seal is DENIED. cc: Counsel(RLK)
November 17, 2016 Opinion or Order Filing 178 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Colin H. Lindsay on 11/17/2016, GRANTING Defendant's 168 Motion for Leave to File a Sur-reply, and DENYING Plaintiff's 161 Motion for Attorney Fees. cc: Counsel(RLK)
August 9, 2013 Opinion or Order Filing 19 MEMORANDUM OPINION and ORDER by Judge John G. Heyburn, II on 8/9/2013; The Court denied Jarrows motion to strike. The Court now addresses Jarrows motion to dismiss. For the reasons that follow, the Court will sustain the motion in part and deny it in part. IT IS HEREBY ORDERED that Defendant Jarrow Formula Inc.s Motion to Dismiss is DENIED as to Count I, Count II claims for conversion and theft by deception pursuant to KRS §514.040 and KRS § 446.070, and Count V. IT IS FURTHER O RDERED that Defendant Jarrow Formula Inc.s Motion to Dismiss is SUSTAINED as to Count II for wire fraud under 18 U.S.C. § 1341 and § 1343 and theft by deception directly under KRS § 514.040, Count IV, and Count VI. re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike filed by Jarrow Formulas, Inc. cc:counsel (JSS)
July 24, 2013 Opinion or Order Filing 18 MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II denying defendant's 7 Motion to Strike. cc:counsel (MLG)
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Plaintiff: Caudill Seed and Warehouse Company, Inc.
Represented By: Stephen Beville Pence
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Defendant: Jarrow Formulas, Inc.
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