CONCORDIA PARTNERS LLC v. PICK et al
Plaintiff: CONCORDIA PARTNERS LLC
Defendant: PICK ENTERPRISES
Counter Claimant: MARCELLE PICK
Case Number: 2:2014cv00009
Filed: January 9, 2014
Court: US District Court for the District of Maine
Office: Portland Office
County: Cumberland
Presiding Judge: JOHN H RICH
Referring Judge: GEORGE Z SINGAL
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 9, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2017 Opinion or Order Filing 246 ORDER OF DISMISSAL By JUDGE GEORGE Z. SINGAL. (lrc)
June 7, 2017 Opinion or Order Filing 245 Oral Order granting #241 Motion to Extend Time for filing Stipulation of Dismissal. Motion granted for reasons stated on the record at the Conference of Counsel. Stipulation of Dismissal shall be filed within 60 days of today's date. By JUDGE GEORGE Z. SINGAL. (lrc)
June 7, 2017 Filing 244 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Conference of Counsel re: Motion to Extend Time held. (Court Reporter: Dennis Ford) (lrc)
June 7, 2017 Reset Deadlines in accordance with the Order entered on 6/7/2017: Stipulation of Dismissal due by 8/7/2017. (lrc)
May 30, 2017 Filing 243 NOTICE of Hearing: Conference of Counsel set for 6/7/2017 01:00 PM in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. (lrc)
May 30, 2017 Opinion or Order Filing 242 ORDER reserving ruling #241 Motion to Extend Time to Finalize Settlement and File Stipulation of Dismissal. This matter shall be set for a Conference of Counsel at the next available date on the Court's calendar. Counsel shall provide a copy of the Settlement Agreement for in camera review two business days prior to the conference. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
May 30, 2017 Filing 241 Consent MOTION to Extend Time to Finalize Settlement and File Stipulation of Dismissal & Request for Conference by CONCORDIA PARTNERS LLC Responses due by 6/20/2017. (STITHAM, STACY)
May 30, 2017 Set Deadlines per Order No. 242 entered on 5/30/2017: Copy of the Settlement Agreement for in camera review shall be submitted to the Court by NOON on 6/5/2017 (lrc)
May 8, 2017 Opinion or Order Filing 240 ORDER granting without objection #239 Motion to Extend Time. GRANTED WITHOUT OBJECTION. Stipulation of Dismissal shall be filed on or before June 5, 2017. Counsel are hereby notified that further extensions of this deadline will not be granted without counsel appearing for an in-person conference; any such request for a conference should be filed in advance of the June 5th deadline. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
May 8, 2017 Reset Deadlines per Order No. 240 entered on 5/8/2017: Stipulation of Dismissal due by 6/5/2017. (lrc)
May 5, 2017 Filing 239 Consent MOTION to Extend Time to Finalize Settlement and File Stipulation of Dismissal by CONCORDIA PARTNERS LLC Responses due by 5/26/2017. (NUZZI, DANIEL)
April 5, 2017 Opinion or Order Filing 238 ORDER granting without objection #237 Motion to Extend Time to File Stipulation of Dismissal By JUDGE GEORGE Z. SINGAL. (lrc)
April 5, 2017 Filing 237 Consent MOTION to Extend Time to Finalize Settlement and File Stipulation of Dismissal by CONCORDIA PARTNERS LLC Responses due by 4/26/2017. (NUZZI, DANIEL)
April 5, 2017 Reset Deadlines pursuant to the Order entered on 4/5/2017: Stipulation of Dismissal due by 5/5/2017. (lrc)
March 6, 2017 Opinion or Order Filing 236 NOTICE of Settlement by the parties and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on 3/6/17 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a).( Stipulation of Dismissal due by 4/5/2017.) By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
March 6, 2017 Filing 235 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held re: on-going settlement discussions. (Court Reporter: No court reporter present) (CWP)
March 3, 2017 Filing 234 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held re: on-going settlement discussions. (Court Reporter: No court reporter present) (CWP)
February 27, 2017 Filing 233 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Conference of Counsel held re: on-going settlement discussions. (Court Reporter: No court reporter present) (CWP)
February 24, 2017 Filing 232 NOTICE of Conference of Counsel set for 2/27/2017 at 12:00 Noon at the U.S. District Courthouse, Portland, Maine, in Portland Visiting Judge's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON, re: continuing settlement discussions. (CWP)
February 23, 2017 Filing 231 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone conference re: continuing settlement discussions. (Court Reporter: No court reporter present) (CWP)
February 2, 2017 Filing 230 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 30, 2017 Filing 229 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephonic Settlement Conference held. Settlement discussion remain on-going. (Court Reporter: No court reporter present) (CWP)
January 25, 2017 Filing 228 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement not achieved. (Court Reporter: No court reporter present) (CWP)
January 6, 2017 Filing 227 NOTICE of Settlement Conference set for 1/25/2017 commencing at 8:30 AM in Portland Bankruptcy Court, Portland, Maine, before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
October 25, 2016 Filing 226 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held re: continuing settlement discussions. (Court Reporter: No court reporter present) (CWP)
October 13, 2016 Filing 225 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Re: continuing settlement discussions. (Court Reporter: No court reporter present) (CWP)
October 6, 2016 Filing 224 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held Re: on-going settlement discussions. No report to follow (Court Reporter: No court reporter present) (CWP)
September 22, 2016 Filing 223 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held Re: on-going settlement discussions. No report to follow. (Court Reporter: No court reporter present) (CWP)
September 21, 2016 Filing 222 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Re: On-going settlement discussions. No report to follow. (Court Reporter: No court reporter present) (CWP)
August 22, 2016 Filing 221 NOTICE of Hearing: CHANGE IN DATE ONLY: Telephone Conference set for 8/25/2016 AT 3:30 PM before MAGISTRATE JUDGE JOHN C. NIVISON, re: on-going settlement discussions. Counsel have been provided with the Court's conference number. (CWP)
August 22, 2016 Filing 220 NOTICE of Telephone Conference set for 8/24/2016 at 3:30 PM before MAGISTRATE JUDGE JOHN C. NIVISON. Re: On-going settlement discussions. Counsel have been provided with the Court's conference number. (CWP)
August 22, 2016 Filing 219 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions are on-going. (Court Reporter: No court reporter present) (CWP)
August 18, 2016 Filing 218 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions are on-going. (Court Reporter: No court reporter present) (CWP)
August 16, 2016 Filing 217 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions are on-going. (Court Reporter: No court reporter present) (CWP)
August 3, 2016 Opinion or Order Filing 216 ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/15/2016 commencing at 9:00 AM at the U.S. Bankruptcy Court, Portland, Maine, before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
July 27, 2016 Filing 215 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Re: Continued settlement discussions. (Court Reporter: No court reporter present) (CWP)
July 26, 2016 Filing 214 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions are on-going. (Court Reporter: No court reporter present) (CWP) Modified on 7/27/2016, to correct date. (CWP).
July 13, 2016 Filing 213 NOTICE of Hearing: Settlement Conference set for 7/26/2016 commencing at 8:30 AM at the U.S. District Courthouse, Portland, Maine, in Portland Visiting Judge's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
June 28, 2016 Filing 212 Remark - ECF No. 211-1 (Flash Drive) is on file at the Clerk's Office. (lrc)
June 28, 2016 Filing 211 AFFIDAVIT of Darya I. Zappia filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Attachment to Zappia Declaration - flash drive)(POLIQUIN, JAMES)
June 28, 2016 Filing 210 AFFIDAVIT of James D. Poliquin filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Exhibit A to Poliquin Declaration - Bilodeau Depo Excerpts, #2 Exhibit B to Poliquin Declaration - McKinnon Depo Excerpts, #3 Exhibit C to Poliquin Declaration - Pick Depo Excerpts)(POLIQUIN, JAMES)
June 28, 2016 Filing 209 REPLY TO ADDITIONAL Statement of Fact filed by MARCELLE PICK, PICK ENTERPRISES. (POLIQUIN, JAMES)
June 28, 2016 Filing 208 REPLY to Response to Motion re #187 MOTION for Summary Judgment filed by MARCELLE PICK, PICK ENTERPRISES. (POLIQUIN, JAMES)
June 28, 2016 Filing 207 REPLY TO ADDITIONAL Statement of Fact filed by CONCORDIA PARTNERS LLC. (Attachments: #1 Affidavit of Tracy M. Griffin, #2 Exhibit A to Griffin Affidavit, #3 Exhibit B to Griffin Affidavit, #4 Exhibit C to Griffin Affidavit, #5 Affidavit of Jennell Carter, #6 Exhibit A to Carter Affidavit, #7 Affidavit of Jeff McKinnon, #8 Exhibit A to McKinnon Affidavit, #9 Affidavit of Richard Bilodeau, #10 Exhibit A to Bilodeau Affidavit)(STITHAM, STACY)
June 28, 2016 Filing 206 REPLY to Response to Motion re #185 MOTION for Summary Judgment filed by CONCORDIA PARTNERS LLC. (STITHAM, STACY)
June 27, 2016 Filing 205 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Re: continued Settlement discussions. No report to issue. (Court Reporter: No court reporter present) (CWP)
June 23, 2016 Opinion or Order Filing 204 ORDER granting #203 Motion to Extend Time for reply briefs By JUDGE GEORGE Z. SINGAL. (lrc)
June 23, 2016 Filing 203 Consent MOTION to Extend Time until June 28, 2016 to align reply brief filing dates by CONCORDIA PARTNERS LLC Responses due by 7/14/2016. (STITHAM, STACY)
June 23, 2016 Reset Deadlines as to #185 MOTION for Summary Judgment - pursuant to the Order entered on 6/23/2016: Reply due by 6/28/2016. (lrc)
June 20, 2016 Opinion or Order Filing 202 ORDER granting #201 Motion to Enlarge Page Limits for Reply Briefs By JUDGE GEORGE Z. SINGAL. (lrc)
June 20, 2016 Filing 201 Joint MOTION Enlarge Page Limits for Reply Briefs by CONCORDIA PARTNERS LLC Responses due by 7/11/2016. (STITHAM, STACY)
June 16, 2016 Filing 200 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Re: continued Settlement discussions. No report to issue. (Court Reporter: No court reporter present) (CWP)
June 14, 2016 Filing 199 CORRECTED RESPONSE in Opposition re #187 MOTION for Summary Judgment filed by CONCORDIA PARTNERS LLC. Reply due by 6/28/2016. (STITHAM, STACY) Modified on 6/14/2016 to reflect that this is a corrected response (lrc).
June 14, 2016 Opinion or Order Filing 198 ORDER GRANTED WITHOUT OBJECTION #197 Motion for Leave to File Corrected Opposition Brief. By JUDGE GEORGE Z. SINGAL. (akr)
June 13, 2016 Filing 197 Unopposed MOTION for Leave to File Corrected Opposition Brief by CONCORDIA PARTNERS LLC Responses due by 7/5/2016. (Attachments: #1 Exhibit Corrected Brief)(STITHAM, STACY) Modified on 6/13/2016 to remove one duplicate motion part (mlm).
June 13, 2016 Opinion or Order Filing 196 ORDER granting without objection #190 Motion for Leave to File. GRANTED WITHOUT OBJECTION. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
June 13, 2016 Filing 195 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #194 Response to Statement of Fact with Statement of Additional Facts,, Griffin Decl. Exhibit M (Email).. (STITHAM, STACY)
June 10, 2016 Filing 194 RESPONSE to Statement of Fact with Statement of Additional Facts filed by CONCORDIA PARTNERS LLC. (Attachments: #1 Affidavit of Tracy M. Griffin, #2 Exhibit A- Poulin Depo Excerpts, #3 Exhibit B- Poulin Depo Excerpts, #4 Exhibit C-12/9/13 McKinnon Aff, #5 Exhibit D- Pokoj Depo Excerpts, #6 Exhibit E- Pokoj Depo Exhibit, #7 Exhibit F- Pick Depo Excerpts, #8 Exhibit G- McKinnon Depo Excerpts, #9 Exhibit H- McKinnon Depo Excerpts, #10 Exhibit I- 11/18/13 McKinnon Aff, #11 Exhibit J- 11/7/13 McKinnon Decl, #12 Exhibit K- Defendants' Answer & First Amended Counterclaim, #13 Exhibit L- Nyiri Email)(STITHAM, STACY) Modified on 6/13/2016 to clarify docket text(lrc).
June 10, 2016 Filing 193 **FILED IN ERROR- SEE ECF NO. 199 FOR CORRECTED RESPONSE**RESPONSE in Opposition re #187 MOTION for Summary Judgment filed by CONCORDIA PARTNERS LLC. Reply due by 6/24/2016. (STITHAM, STACY) Modified on 6/14/2016 to reflect that this filing has been corrected. See ECF No. 199 for the corrected response. (lrc).
June 10, 2016 Filing 192 RESPONSE to Statement of Fact with Statement of Additional Facts filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Declaration of Donna Poulin, #2 Ex. A to Poulin Declaration, #3 Declaration of Robin Pokoj, #4 Ex. A to Pokoj Declaration, #5 Ex. B to Pokoj Declaration, #6 Ex. C to Pokoj Declaration, #7 Declaration of Marcelle Pick, #8 Ex. A to Pick Declaration, #9 Ex. B to Pick Declaration, #10 Declaration of Darya Zappia, #11 Ex. A to Zappia Declaration, #12 Ex. B to Zappia Declaration, #13 Ex. C to Zappia Declaration, #14 Bilodeau Depo Excerpts - 9/25/15, #15 McKinnon Depo Transcript - 10/14/15, #16 Hochman Depo Excerpts - 7/21/15, #17 Affidavit of Marcelle Pick - 12/5/14, #18 Affidavit of Jeff McKinnon - 11/18/13, #19 Affidavit of Richard Bilodeau - 12/19/13)(POLIQUIN, JAMES)
June 10, 2016 Filing 191 RESPONSE to Motion re #185 MOTION for Summary Judgment filed by MARCELLE PICK, PICK ENTERPRISES. Reply due by 6/24/2016. (POLIQUIN, JAMES)
June 10, 2016 Filing 190 MOTION for Leave to File Additional Statement of Material Fact in Excess of Forty Paragraphs by MARCELLE PICK, PICK ENTERPRISES Responses due by 7/1/2016. (POLIQUIN, JAMES)
June 10, 2016 Filing 189 NOTICE of Telephone Conference set for 6/16/2016 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. Counsel have been provided with the Court's conference number. (CWP)
May 17, 2016 Reset Deadlines as to #185 MOTION for Summary Judgment #187 MOTION for Summary Judgment - per Order Following Pre-Filing Conference entered on 3/31/2016: Responses due by 6/10/2016. (lrc)
May 17, 2016 Filing 188 STATEMENT OF FACT by MARCELLE PICK, PICK ENTERPRISES. (POLIQUIN, JAMES)
May 17, 2016 Filing 187 MOTION for Summary Judgment by MARCELLE PICK, PICK ENTERPRISES Responses due by 6/7/2016. (POLIQUIN, JAMES)
May 17, 2016 Filing 186 STATEMENT OF FACT by CONCORDIA PARTNERS LLC. (Attachments: #1 Affidavit of Tracy M. Griffin, #2 Exhibit A to Griffin Affidavit)(STITHAM, STACY)
May 17, 2016 Filing 185 MOTION for Summary Judgment by CONCORDIA PARTNERS LLC Responses due by 6/7/2016. (STITHAM, STACY)
May 16, 2016 Filing 184 LOCAL RULE 56(h) STIPULATED RECORD by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 1 - 2006 License Agreement, #2 2 - Poulin Depo - excerpts, #3 3 - Pick Depo - excerpts, #4 4 - Pokoj Depo - excerpts, #5 5 - McKinnon Depo - excerpts, #6 6 - Olmstead Declaration with exhibits, #7 7 - Pick Declaration with exhibits, #8 8 - Bilodeau Declaration with exhibits, #9 9 - Stitham Declaratio with exhibits, #10 10 - Nyiri Affidavit with exhibits, #11 11 - Def. Response to Interrogatory #1, #12 12 - Expert Report of Pokoj, #13 13 - Statement of Intention To Do Business Under Assumed Name, #14 14 - Term. of Statement of Intention to Transact Business Under An Assumed or Fictitious Name, #15 15 - 9/13/13 letter from Bilodeau to Pick renewing Agreement, #16 16 - 9/13/13 letter from Nuzzi to Gillis, #17 17 - 9/24/13 letter from Gillis to Nuzzi, #18 18 - 9/30/13 letter from Nuzzi to Gillis, #19 19 - 10/16/13 letter from Carpenter to Nuzzi, #20 20 - 10/16/13 letter from Nuzzi to Carpenter, #21 21 - 10/16/13 e-mail exchange between Carpenter and Nuzzi, #22 22 - 10/20/13 letter from McKinnon to Pick, #23 23 - Individual Copyright Applications, #24 24 - Website Copyright Applications, #25 25 - Website Copyright Registrations)(POLIQUIN, JAMES)
May 16, 2016 Filing 183 STIPULATION OF FACT AGREED-TO FOR PURPOSES OF SUMMARY JUDGMENT by CONCORDIA PARTNERS LLC. (Attachments: #1 Exhibit WHN Screenshot)(STITHAM, STACY)
May 9, 2016 Opinion or Order Filing 182 ORDER granting #181 Joint Motion to Extend Time for Filing Stipulated Record By JUDGE GEORGE Z. SINGAL. (lrc)
May 9, 2016 Reset Deadlines - pursuant to the Order entered on 5/9/2016: Stipulated Record due by 5/16/2016. (lrc)
May 6, 2016 Filing 181 Joint MOTION to Extend Time for Filing Stipulated Record by MARCELLE PICK, PICK ENTERPRISES Responses due by 5/27/2016. (POLIQUIN, JAMES)
April 1, 2016 Filing 180 STIPULATION OF DISMISSAL OF CLAIMS OF TORTIOUS INTERFERENCE (Count VII of the Third Amended Complaint and Count IX of the Second Amended Counterclaim by CONCORDIA PARTNERS LLC. (STITHAM, STACY) Modified on 4/1/2016 to clean up docket text (lrc).
March 31, 2016 Opinion or Order Filing 179 ORDER FOLLOWING PRE-FILING CONFERENCE- stipulated record due by 5/10/2016, stipulations due by 5/16/2016, Motion for Summary Judgment due by 5/17/2016, responses due by 6/10/2016, replies due by 6/24/2016 By JUDGE GEORGE Z. SINGAL. (lrc)
March 31, 2016 Filing 178 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Local Rule 56 Pre-Filing Conference held. Stipulation of Dismissal for claims discussed at conference due by 4/7/2016. Report and Order of Conference to issue. (Court Reporter: Lori Dunbar) (lrc)
March 2, 2016 Filing 177 RESPONSE to Local Rule 56(h) Pre-Conference Filing Memo filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Exhibit A - Google Plus Slide, #2 Exhibit B - Women's Health Network Contact to Third Party Website)(POLIQUIN, JAMES)
February 24, 2016 Filing 176 LOCAL RULE 56(h) Pre-Conference Filing Memorandum by MARCELLE PICK, PICK ENTERPRISES. (KIRCHNER, THEODORE)
February 24, 2016 Filing 175 LOCAL RULE 56(h) Pre-Conference Filing Memorandum by CONCORDIA PARTNERS LLC. (STITHAM, STACY)
February 17, 2016 Opinion or Order Filing 174 PROCEDURAL ORDER Re Local Rule 56(h): Pre-Filing Conference Memo due by 2/24/2016. Local Rule 56(h) Pre-Filing Conference set for 3/31/2016 11:00 AM in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. By JUDGE GEORGE Z. SINGAL. (mjlt)
February 12, 2016 Filing 173 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held re: continuing settlement negoations. (Court Reporter: No court reporter present) (CWP)
February 3, 2016 Filing 172 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held held re: settlement. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 29, 2016 Filing 171 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held re: settlement. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 26, 2016 Filing 170 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 19, 2016 Filing 169 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 6, 2016 Filing 168 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions remain on-going. (Court Reporter: No court reporter present) (CWP)
January 4, 2016 Filing 167 NOTICE of Continued Settlement Conference set for 1/6/2016 at 11:00 AM in Portland Courtroom 2 Jury Room before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
December 8, 2015 Filing 166 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held re on-going settlement discussions. (Court Reporter: No court reporter present) (CWP)
December 7, 2015 Filing 165 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Continued settlement discussions held. (CWP) Modified on 12/8/2015 (CWP) to reflect correct date of conference.
November 16, 2015 Filing 164 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions on-going. (Court Reporter: No court reporter present) (CWP)
November 10, 2015 Opinion or Order Filing 163 ORDER SETTING CONTINUED SETTLEMENT CONFERENCE: Settlement Conference set for 11/16/2015 commencing at 8:30 AM in Portland Bankruptcy Court, 537 Congress Street, 2nd Floor, before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
November 4, 2015 Filing 162 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held regarding resuming settlement discussions. Further settlement conference to be scheduled. (Court Reporter: No court reporter present) (CWP)
October 30, 2015 Filing 161 NOTICE of Telephone Conference set for 11/4/2015 at 3:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. Parties have been provided with the Court's conference number. (CWP)
October 21, 2015 Filing 160 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions are continuing. (Court Reporter: No court reporter present) (CWP) Modified on 10/22/2015, to reflect correct date of conference(CWP).
September 25, 2015 Filing 159 NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by CONCORDIA PARTNERS LLC (NUZZI, DANIEL)
September 25, 2015 Filing 158 NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by MARCELLE PICK, PICK ENTERPRISES (POLIQUIN, JAMES)
September 24, 2015 Filing 157 NOTICE of Settlement Conference set for 10/21/2015 commencing at 8:30 AM. The Conference will take place at the U.S. Bankruptcy Courthouse, 537 Congress Street, Visiting Judge's Chambers, Second Floor, Portland, Maine before MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)
August 28, 2015 Opinion or Order Filing 156 ORDER granting without objection #155 Motion to Amend Scheduling Order. The discovery and Local Rule 44 deadlines are extended to September 15, 2015, and the deadline to file any Local Rule 56(h) notice of intent to file for summary judgment is extended to September 25, 2015. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
August 28, 2015 Reset Deadlines Per Order #156: Discovery due by 9/15/2015. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 9/25/2015. (mlm)
August 27, 2015 Filing 155 Consent MOTION to Amend Scheduling Order by MARCELLE PICK, PICK ENTERPRISES Responses due by 9/17/2015. (KIRCHNER, THEODORE)
August 6, 2015 Filing 154 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement Conference to be continued telephonically. (Court Reporter: No court reporter present) (CWP)
July 28, 2015 Appeal Record Returned: #32 Notice of Appeal (lrc)
July 16, 2015 Filing 153 MANDATE of USCA as to #32 Notice of Appeal ( Check for Receipt of Appeal Record on 9/14/2015.) (lrc)
July 14, 2015 Opinion or Order Filing 152 ORDER granting without objection #150 Motion to Amend Scheduling Order. The Court's Amended Scheduling Order, ECF No. 85, as revised on May 7, 2015, ECF No. 143, is further amended to add an additional 45 days as follows: discovery and Local Rule 44 deadlines are extended to September 10, 2015, and the deadline to file any Local Rule 56(h) notice of intent to file for summary judgment is extended to September 21, 2015. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
July 14, 2015 Reset Scheduling Order Deadlines - per Order No. 152 entered on 7/14/2015: Discovery due by 9/10/2015. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 9/21/2015. (lrc)
July 13, 2015 Opinion or Order Filing 151 ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/5/2015 AT 8:30 AM in Portland Courtroom 2 Jury Room before MAGISTRATE JUDGE JOHN C. NIVISON. In camera settlement submissions due on or before August 3, 2015. (CWP)
July 13, 2015 set Deadlines : In Camera Settlement Papers due by 8/3/2015. (CWP)
July 10, 2015 Filing 150 Consent MOTION to Amend Scheduling Order to Permit Judicial Settlement Conference by MARCELLE PICK, PICK ENTERPRISES Responses due by 7/31/2015. (KIRCHNER, THEODORE)
July 2, 2015 Opinion or Order Filing 149 ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION denying #90 Motion for Preliminary Injunction; denying #133 Motion for Preliminary Injunction By JUDGE GEORGE Z. SINGAL. (nwd)
June 24, 2015 Filing 148 JUDGMENT of USCA re #32 Notice of Appeal, Check for Receipt of Mandate on 7/24/2015. (lrc)
June 24, 2015 Filing 147 Opinion of USCA Re: #32 Notice of Appeal, filed by PICK ENTERPRISES, MARCELLE PICK (lrc)
May 26, 2015 Opinion or Order Filing 146 REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
May 26, 2015 Filing 145 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN)
May 22, 2015 Filing 144 NOTICE of Hearing: Discovery Telephone Conference set for 5/26/2015 at 08:30 AM before MAGISTRATE JUDGE JOHN H. RICH III. Defense counsel to initiate the telephone call to counsel and the Court.(dfr)
May 7, 2015 Opinion or Order Filing 143 ORDER granting without objection #139 Motion to Amend Scheduling Order. At my request, a brief teleconference was held today with Attorneys Stitham and Poliquin, for the plaintiff and defendants respectively, to discuss the joint motion for enlargement of time. Counsel outlined the depositions that remain to be taken, and, accordingly, the discovery and Local Rule 44 deadlines will be extended to July 27, 2015, and the deadline to file any Local Rule 56(h) notice of intent to file for summary judgment shall be extended to August 10, 2015. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
May 7, 2015 Filing 142 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Hearing held on 5/7/2015 re: ECF No. 139; docket endorsement to follow. (Court Reporter: No court reporter present) (RICH III, JOHN)
May 7, 2015 Reset Scheduling Order Deadlines - per Order #143 entered on 5/7/2015: Discovery due by 7/27/2015. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 8/10/2015. (lrc)
May 1, 2015 Filing 141 REPLY to Response to Motion re #133 MOTION for Preliminary Injunction Regarding Women to Women Mark filed by MARCELLE PICK, PICK ENTERPRISES. (HAAG, DARYA)
April 24, 2015 Filing 140 NOTICE of Hearing on Motion #139 Joint MOTION to Amend Scheduling Order : Telephone Conference set for 5/7/2015 09:00 AM before MAGISTRATE JUDGE JOHN H. RICH III. Attorney Stitham will get the parties on the line and initiate the call to chambers. (lrc)
April 22, 2015 Filing 139 Joint MOTION to Amend Scheduling Order by CONCORDIA PARTNERS LLC Responses due by 5/13/2015. (STITHAM, STACY)
April 17, 2015 Filing 138 RESPONSE in Opposition re #133 MOTION for Preliminary Injunction filed by CONCORDIA PARTNERS LLC. Reply due by 5/1/2015. (Attachments: #1 Affidavit of Stacy Stitham, #2 Exhibit A to Stitham, #3 Exhibit B to Stitham, #4 Exhibit C to Stitham, #5 Exhibit D to Stitham, #6 Exhibit E to Stitham, #7 Affidavit of Jeff McKinnon, #8 Exhibit A to McKinnon, #9 Exhibit B to McKinnon, #10 Affidavit of Richard Bilodeau, #11 Exhibit A of Bilodeau, #12 Exhibit B of Bilodeau, #13 Exhibit C1 of Bilodeau, #14 Exhibit C2 of Bilodeau, #15 Exhibit C3 of Bilodeau, #16 Exhibit D of Bilodeau, #17 Exhibit E of Bilodeau, #18 Exhibit F1 of Bilodeau, #19 Exhibit F2 of Bilodeau, #20 Exhibit G of Bilodeau, #21 Exhibit H1 of Bilodeau, #22 Exhibit H2 of Bilodeau)(STITHAM, STACY)
April 9, 2015 Filing 137 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #14 State Court Record #17 Affidavit #15 State Court Record #16 Affidavit #18 Affidavit. Main document- Affidavit of Stacy O. Stitham (Attachments: #1 Exhibit Revised Exhibit A to the 12-9-13 Affidavit of Richard Bilodeau)(STITHAM, STACY) Modified on 4/10/2015 to clean up docket text (lrc).
April 6, 2015 Filing 136 CLERK'S EIGHTH SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals. (jlg)
April 6, 2015 Opinion or Order Filing 135 ORDER granting without objection #134 Motion for Leave to File overlong brief; granting without objection #134 Motion to Extend Time. Concordia's deadline to file its opposition to the defendants' motion for preliminary injunction, ECF No. 133, is extended to April 17, 2015, and it may file an opposition of up to 35 pages. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
April 6, 2015 Filing 134 Unopposed MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion for a Preliminary Injunction ( Responses due by 4/27/2015.), Unopposed MOTION to Extend Time 7 days to Respond to Defendants' Motion for a Preliminary Injunction by CONCORDIA PARTNERS LLC (STITHAM, STACY)
April 6, 2015 Reset Deadlines as to #133 MOTION for Preliminary Injunction per Order #135: Responses due by 4/17/2015. (jlg)
April 6, 2015 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal. (jlg)
March 20, 2015 Filing 133 MOTION for Preliminary Injunction by MARCELLE PICK, PICK ENTERPRISES Responses due by 4/10/2015. (Attachments: #1 Affidavit Declaration of Marcelle Pick with Exhibits, #2 Affidavit Declaration of Jessica Olmstead with Exhibits)(HAAG, DARYA)
March 18, 2015 Opinion or Order Filing 132 ORDER granting #130 Consent MOTION for Leave to File Motion for Preliminary Injunction in Excess of Local Rule 7(e) Page Limit By JUDGE GEORGE Z. SINGAL. (lrc)
March 18, 2015 Filing 131 CLERK'S Seventh SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
March 18, 2015 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal (bfa)
March 17, 2015 Filing 130 Consent MOTION for Leave to File Motion for Preliminary Injunction in Excess of Local Rule 7(e) Page Limit by MARCELLE PICK, PICK ENTERPRISES Responses due by 4/7/2015. (HAAG, DARYA)
March 17, 2015 Opinion or Order Filing 129 ORDER denying #93 Motion to Dissolve. "The filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (citations omitted). Thus, the First Circuit has held that an appeal from an interlocutory order "divests a district court of authority to proceed with respect to any matter touching upon, or involved in, the appeal." United States v. Mala, 7 F.3d 1058, 1061 (1st Cir. 1993). In accordance with this precedent, the Court finds that it lacks jurisdiction to rule upon Defendants' Motion to Dissolve the Preliminary Injunction while Defendants have a pending appeal of that same preliminary injunction before the First Circuit. For this reason, the Motion is DENIED without prejudice to Defendant renewing the Motion to Dissolve once the pending First Circuit appeal is resolved. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
March 17, 2015 Opinion or Order Filing 128 ORDER ON MOTION FOR CONTEMPT denying #58 Motion for Contempt of Preliminary Injunction Order By JUDGE GEORGE Z. SINGAL. (lrc)
March 10, 2015 Filing 127 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #14 State Court Record, #17 Affidavit, #15 State Court Record, #16 Affidavit, #18 Affidavit. Main Document- Affidavit of Stacy O. Stitham. (Attachments: #1 Supplement Transcript of 12/10/13 Argument on Preliminary Injunction)(STITHAM, STACY) Modified on 3/11/2015 to clean up docket text(lrc).
February 26, 2015 Opinion or Order Filing 126 CONSENT CONFIDENTIALITY ORDER granting #125 Motion for Confidentiality Order By JUDGE GEORGE Z. SINGAL. (lrc)
February 25, 2015 Filing 125 Unopposed MOTION for Confidentiality Order by CONCORDIA PARTNERS LLC Responses due by 3/18/2015. (Attachments: #1 Text of Proposed Order)(STITHAM, STACY)
February 5, 2015 Opinion or Order Filing 124 ORDER granting #123 Motion to Amend Scheduling Order By JUDGE GEORGE Z. SINGAL. (lrc)
February 5, 2015 Filing 123 Unopposed MOTION to Amend Scheduling Order Deadlines regarding Experts by CONCORDIA PARTNERS LLC Responses due by 2/26/2015. (STITHAM, STACY)
January 22, 2015 Filing 122 AFFIDAVIT of Marcelle Pick filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Exhibit A - E-mail from McKinnon to Pick (1/15/09), #2 Exhibit B - Sample E-mails re. Essential Nutrients, #3 Exhibit C - Representative Meeting Agendas, #4 Exhibit D - Representative Product Communications, #5 Exhibit E - Representative Communications re. Laboratories, #6 Exhibit F - Representative Communication with Laboratories)(POLIQUIN, JAMES)
January 22, 2015 Filing 121 REPLY to Response to Motion re #90 MOTION for Preliminary Injunction regarding Licensed Products filed by MARCELLE PICK, PICK ENTERPRISES. (POLIQUIN, JAMES)
January 7, 2015 Filing 120 AMENDED CLERK'S Sixth SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
January 6, 2015 Filing 119 CLERK'S Sixth SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
January 5, 2015 Filing 118 AFFIDAVIT of Jeff McKinnon re #116 Response to Motion for Preliminary Injunction regarding Licensed Products filed by CONCORDIA PARTNERS LLC. (Attachments: #1 Exhibit A. License Agreement, #2 Exhibit B. First Addendum to License Agreement, #3 Exhibit C. Master License Agreement)(NUZZI, DANIEL)
January 5, 2015 Filing 117 AFFIDAVIT of Richard Bilodeau re #116 Response to Motion for Preliminary Injunction regarding Licensed Products filed by CONCORDIA PARTNERS LLC. (NUZZI, DANIEL)
January 5, 2015 Filing 116 RESPONSE to Motion re #90 MOTION for Preliminary Injunction regarding Licensed Products filed by CONCORDIA PARTNERS LLC. Reply due by 1/20/2015. (NUZZI, DANIEL)
January 5, 2015 Filing 115 RESPONSE in Opposition re #93 MOTION to Dissolve Preliminary Injunction filed by CONCORDIA PARTNERS LLC. Reply due by 1/20/2015. (Attachments: #1 Affidavit of Daniel A. Nuzzi, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(STITHAM, STACY)
December 31, 2014 Filing 114 REPLY TO SECOND AMENDED COUNTERCLAIM #113 by CONCORDIA PARTNERS LLC. (STITHAM, STACY) Modified on 1/5/2015 to clean up docket text(lrc).
December 31, 2014 Filing 113 ANSWER to #109 Third Amended Complaint , COUNTERCLAIM against CONCORDIA PARTNERS LLC by PICK ENTERPRISES, MARCELLE PICK.(GOLDMAN, DAVID)
December 23, 2014 Opinion or Order Filing 112 ORDER granting #111 Motion to Extend Time By JUDGE GEORGE Z. SINGAL. (lrc)
December 23, 2014 Reset Deadlines as to #93 MOTION to Dissolve Preliminary Injunction, #90 MOTION for Preliminary Injunction regarding Licensed Products pursuant to the order entered on 12/23/2014: Responses due by 1/5/2015. (lrc)
December 22, 2014 Filing 111 Unopposed MOTION to Extend Time to respond to Defendants' Motion for a Preliminary Injunction and Dissolution Motion by CONCORDIA PARTNERS LLC Responses due by 1/12/2015. (STITHAM, STACY)
December 22, 2014 Filing 110 RESPONSE BRIEF re #103 Additional Attachments re #58 Motion for Contempt of Preliminary Injunction Order by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Declaration of Marcelle Pick, #2 Exhibit A - Writing Guidelines, #3 Exhibit B - WHN Article on Blood Glucose)(POLIQUIN, JAMES) Modified on 12/22/2014 to remove the duplicative attachment descriptions and to include link to #58 and indicate this is a supplemental response(jgw).
December 19, 2014 Filing 109 Third AMENDED COMPLAINT against MARCELLE PICK, PICK ENTERPRISES, filed by CONCORDIA PARTNERS LLC. (Service of Process Deadline 4/20/2015)(STITHAM, STACY)
December 19, 2014 Opinion or Order Filing 108 ORDER granting without objection #70 Motion to Amend. GRANTED WITHOUT OBJECTION. Concordia shall now file the Third Amended Complaint, which was previously submitted as an attachment to its Motion as a separate entry on the Court's Docket. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
December 19, 2014 Opinion or Order Filing 107 ORDER denying #73 Appeal from Magistrate Judge Decision to District Court. DENIED. Having reviewed the October 17, 2014 Order (ECF No. 69) as well as the parties submissions regarding the same, the Court sees nothing clearly erroneous or contrary to law and, in fact, agrees that it would make the same ruling as the Magistrate Judge upon a de novo review. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
December 19, 2014 Opinion or Order Filing 106 ORDER granting #104 Motion to Extend Time; granting #105 Motion for Leave to File Excess Pages By JUDGE GEORGE Z. SINGAL. (lrc)
December 19, 2014 Reset Deadlines per Order #106 entered on 12/19/2014: Responsive supplemental materials as well as a memorandum addressing the relevance of its supplemental materials due by 12/22/2014. (lrc)
December 18, 2014 Filing 105 Consent MOTION for Leave to File Excess Pages by CONCORDIA PARTNERS LLC Responses due by 1/8/2015. (STITHAM, STACY)
December 18, 2014 Filing 104 Consent MOTION to Extend Time One Business Day Under Order #102 by MARCELLE PICK, PICK ENTERPRISES Responses due by 1/8/2015. (POLIQUIN, JAMES)
December 12, 2014 Filing 103 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #58 Motion for Contempt of Preliminary Injunction Order. (Attachments: #1 Exhibit Email - "Verified Injunction Articles Spreadsheet", #2 Exhibit Instructions, #3 Exhibit Email - "An Update from Jessica")(STITHAM, STACY) Modified on 12/12/2014 to clean up docket text(lrc).
December 12, 2014 Opinion or Order Filing 102 ORDER granting #95 Motion for Leave to File Supplemental Materials in Support of Motion for Contempt. GRANTED. Concordias request to supplement the record on the pending Motion for Contempt with the documents attached as ECF Nos. 95-1 through 95-4 is GRANTED. Concordia is instructed to re-file these documents as Additional Attachments to be linked to the Motion for Contempt (ECF No. 58). Upon Concordias re-filing of these supplemental materials, Pick may file responsive supplemental materials as well as a memorandum addressing the relevance of its supplemental materials. This memorandum shall not exceed 5 pages and shall be filed within seven days of Concordias docketing of the allowed Additional Attachments. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
December 12, 2014 Set Deadlines per Order No. 102 entered on 12/12/2014: Responsive supplemental materials as well as a memorandum addressing the relevance of its supplemental materials due by 12/19/2014. (lrc)
December 11, 2014 Filing 101 REPLY to Response to Motion re #95 MOTION for Leave to File Supplemental Materials in Support of Motion for Contempt filed by CONCORDIA PARTNERS LLC. (NUZZI, DANIEL)
December 10, 2014 Filing 100 ADDITIONAL ATTACHMENTS filed by MARCELLE PICK, PICK ENTERPRISES re #92 Affidavit of Donna Poulin- Exhibit B: Concordia Sales Report 2013 (Redacted). (GOLDMAN, DAVID) Modified on 12/11/2014 to clean up docket text(lrc).
December 10, 2014 Filing 99 ADDITIONAL ATTACHMENTS filed by MARCELLE PICK, PICK ENTERPRISES re #92 Affidavit of Donna Poulin- Exhibit A: Pick Enterprises - Royalties Due (Redacted). (GOLDMAN, DAVID) Modified on 12/11/2014 to clean up docket text(lrc).
December 10, 2014 Filing 98 ADDITIONAL ATTACHMENTS filed by MARCELLE PICK, PICK ENTERPRISES re #91 Affidavit of Marcelle Pick - Exhibit D: Approval - Herbal Equilibrium (Redacted)(GOLDMAN, DAVID) Modified on 12/11/2014 to clarify docket text(lrc).
December 10, 2014 Filing 97 RESPONSE to Motion re #95 MOTION for Leave to File Supplemental Materials in Support of Motion for Contempt, #58 Redacted MOTION for Contempt of Preliminary Injunction Order dated December 16, 2013, as clarified on December 27, 2013 filed by MARCELLE PICK, PICK ENTERPRISES. Reply due by 12/24/2014. (POLIQUIN, JAMES)
December 10, 2014 Opinion or Order Filing 96 ORDER granting #94 Motion to Seal. Exhibit D to the declaration of Marcelle Pick (ECF No. 91-4) and Exhibits A and B to the declaration of Donna Poulin (ECF Nos. 92-1 and 92-2) are hereby sealed. Counsel are ordered to file redacted versions of these exhibits on the Courts docket forthwith. By JUDGE GEORGE Z. SINGAL. (lrc)
December 9, 2014 Filing 95 MOTION for Leave to File Supplemental Materials in Support of Motion for Contempt by CONCORDIA PARTNERS LLC Responses due by 12/30/2014. (Attachments: #1 Affidavit of Daniel Nuzzi, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(NUZZI, DANIEL) Modified on 12/10/2014 to clean up docket text (lrc).
December 9, 2014 Filing 94 (Document sealed from public view) Unopposed MOTION to Seal Exhibits to Defendants' Motion for Preliminary Injunction by MARCELLE PICK, PICK ENTERPRISES Responses due by 12/30/2014. (GOLDMAN, DAVID)
December 9, 2014 Filing 93 MOTION to Dissolve Preliminary Injunction by MARCELLE PICK, PICK ENTERPRISES Responses due by 12/30/2014. (POLIQUIN, JAMES) Modified on 12/9/2014 to clean up docket text (lrc).
December 8, 2014 Filing 92 AFFIDAVIT of Donna L. Poulin filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1**SEALED** Exhibit A: Pick Enterprises - Royalties Due, #2 **SEALED**Exhibit B: Concordia Sales Report 2013, #3 Exhibit C: Transaction Detail by Account)(POLIQUIN, JAMES) Modified on 12/10/2014 to seal exhibits A and B per order #96 entered on 12/10/2014 (lrc).
December 8, 2014 Filing 91 AFFIDAVIT of Marcelle Pick in support of Motion for Preliminary Injunction Re: Licensed Products filed by MARCELLE PICK, PICK ENTERPRISES. (Attachments: #1 Exhibit A Product Information Spreadsheet, #2 Exhibit B: Approval - Adrenal Combo Formula, #3 Exhibit C: Approval - Arginelle, #4**SEALED** Exhibit D: Approval - Herbal Equilibrium, #5 Exhibit E: Approval - M-Boost, #6 Exhibit F: Approval - PMS Solution, #7 Exhibit G: Approval - Radiance Formula, #8 Exhibit H: Approval - Serenisol, #9 Exhibit I: Approval - T-Balance, #10 Exhibit J: Approval - Radiance, #11 Exhibit K: Approval - Super Antioxidant, #12 Exhibit L: Supplement Facts - Better Bones Builder, #13 Exhibit M: Supplement Facts - Better Bones Basic, #14 Exhibit N: Supplement Facts - PMSolution, #15 Exhibit O: Supplement Facts - T-Balance Plus, #16 Exhibit P: Supplement Facts - Adaptisol, #17 Exhibit Q: Supplement Facts - Serinisol, #18 Exhibit R: Supplement Facts - Super Antioxidant, #19 Exhibit S: Supplement Facts - Metabolic Boost, #20 Exhibit T: Supplement Facts - Radiance Formula, #21 Exhibit U: Supplement Facts - Herbal Equilibrium, #22 Exhibit V: Supplement Facts - Essential Nutrients, #23 Exhibit W: Supplement Facts - Super Biotic)(POLIQUIN, JAMES) Modified on 12/10/2014 to seal exhibit D per order #96 entered on 12/10/2014 (lrc).
December 8, 2014 Filing 90 MOTION for Preliminary Injunction regarding Licensed Products by MARCELLE PICK, PICK ENTERPRISES Responses due by 12/29/2014. (POLIQUIN, JAMES) Modified on 12/8/2014 to clean up docket text(lrc).
December 8, 2014 Opinion or Order Filing 89 ORDER granting without objection #86 Motion for Leave to File overlong brief. The defendants may file a memorandum not to exceed 20 pages. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
December 8, 2014 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal (bfa)
December 5, 2014 Filing 88 CLERK'S Fifth SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
December 4, 2014 Filing 87 NOTICE/CORRESPONDENCE Re: Motion for Remand denied by MARCELLE PICK, PICK ENTERPRISES (POLIQUIN, JAMES)
December 4, 2014 Filing 86 Consent MOTION for Leave to File Motion in Excess of Page Limit by MARCELLE PICK, PICK ENTERPRISES Responses due by 12/29/2014. (POLIQUIN, JAMES)
December 3, 2014 Opinion or Order Filing 85 AMENDED SCHEDULING ORDER granting #84 Motion to Amend Scheduling Order Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 6/9/2015. Discovery due by 5/26/2015. By JUDGE GEORGE Z. SINGAL. (lrc)
December 1, 2014 Filing 84 Joint MOTION to Amend Scheduling Order by CONCORDIA PARTNERS LLC Responses due by 12/22/2014. (Attachments: #1 Text of Proposed Order)(STITHAM, STACY)
November 25, 2014 Opinion or Order Filing 83 ORDER granting without objection #82 Motion to Substitute Party. Without objection, Pick Enterprises is hereby substituted for defendant/counterclaim plaintiff Pick Enterprises, LLC. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
November 25, 2014 Filing 82 Unopposed MOTION to Substitute Party by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 12/16/2014. (GOLDMAN, DAVID)
October 31, 2014 Opinion or Order Filing 81 ORDER granting #74 Motion to Seal. Exhibit C to the Supplemental Declaration of Richard Bilodeau, the supplemental declaration of Jonathan Hochman in support of Concordia's Reply to the Motion for Contempt, and the Reply shall be sealed for the reasons stated in the motion. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
October 30, 2014 Filing 80 RESPONSE to #73 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CONCORDIA PARTNERS LLC re 69 Order on Motion for Confidentiality Order. filed by MARCELLE PICK, PICK ENTERPRISES LLC. (KIRCHNER, THEODORE)
October 29, 2014 Filing 79 RESPONSE to Motion re #70 MOTION to Amend the Second Amended Complaint filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 11/12/2014. (KIRCHNER, THEODORE)
October 24, 2014 Opinion or Order Filing 78 ORDER granting #76 Motion to Seal. ECF No. 75-1 is hereby sealed because it was ineffectively redacted; a public, effectively redacted version of the same has been filed as ECF No. 77. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
October 24, 2014 Filing 77 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #75 Reply to Response to Motion,, .. (STITHAM, STACY)
October 24, 2014 Filing 76 (Document sealed from public view) MOTION to Seal Supplemental Hochman Declaration (ECF No. 75-1) by CONCORDIA PARTNERS LLC Responses due by 11/14/2014. (STITHAM, STACY)
October 24, 2014 Filing 75 REPLY to Response to Motion re #58 Redacted MOTION for Contempt of Preliminary Injunction Order dated December 16, 2013, as clarified on December 27, 2013 [REDACTED] filed by CONCORDIA PARTNERS LLC. (Attachments: #1 Supplemental Declaration of Jonathan Hochman, #2 Exhibit A to Supplemental Hochman Declaration, #3 Exhibit B to Supplemental Hochman Declaration, #4 Supplemental Declaration of Richard Bilodeau, #5 Exhibit A to Supplemental Bilodeau Declaration, #6 Exhibit B to Supplemental Bilodeau Declaration)(STITHAM, STACY) Modified on 10/24/2014 to clean up exhibit text (mnw). Modified on 10/24/2014 to seal Attachment #1 in accordance with Order #78 (mnw).
October 24, 2014 Filing 74 (Document sealed from public view) Unopposed MOTION to Seal Reply to Motion for Contempt, Supplemental Declaration of Jonathan Hochman, and Exhibit C to the Supplemental Declaration of Richard Bilodeau by CONCORDIA PARTNERS LLC Responses due by 11/14/2014. (Attachments: #1 Reply to Motion (UNREDACTED), #2 Affidavit of Jonathan Hochman (UNREDACTED), #3 Exhibit C to Supplemental Bilodeau Declaration (SEALED))(STITHAM, STACY)
October 22, 2014 Reset Deadlines as to #73 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CONCORDIA PARTNERS LLC re 69 Order on Motion for Confidentiality Order. Per Judge Singal's request to expedite briefing: Responses due by 10/30/2014. No reply is permitted. (lrc)
October 21, 2014 Filing 73 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CONCORDIA PARTNERS LLC re 69 Order on Motion for Confidentiality Order. Responses due by 11/7/2014. (Attachments: #1 Exhibit Draft Protective Order, #2 Exhibit Compare Protective Order)(STITHAM, STACY)
October 21, 2014 Opinion or Order Filing 72 ORDER granting without objection #71 Motion for Leave to File. The plaintiff may file a reply memorandum in support of its motion for contempt, ECF No. 58, not to exceed 15 pages. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
October 20, 2014 Filing 71 Unopposed MOTION for Leave to File Excess Pages in Connection with Forthcoming Reply to Motion for Contempt by CONCORDIA PARTNERS LLC Responses due by 11/10/2014. (STITHAM, STACY)
October 17, 2014 Filing 70 MOTION to Amend the Second Amended Complaint by CONCORDIA PARTNERS LLC Responses due by 11/7/2014. (Attachments: #1 Exhibit 3d Amended Complaint)(STITHAM, STACY)
October 17, 2014 Opinion or Order Filing 69 ORDER granting in part and denying in part #62 Motion for Confidentiality Order. The plaintiff's motion for the entry of a protective order, ECF No. 62, is GRANTED to the extent unopposed by the defendants, ECF No. 65 at 2 & n.1, and otherwise DENIED. As the defendants argue, the plaintiff fails to demonstrate the requisite good cause, see Fed. R. Civ. P. 26(c), for its contested proposed modifications to the court's form confidentiality order. "A finding of good cause [pursuant to Rule 26(c)] must be based on a particular factual demonstration of potential harm, not on conclusory statements." Anderson v. Cryovac, 805 F.2d 1, 7 (1st Cir. 1986). The plaintiff offers only conclusory statements regarding the potential harm that will befall it in the absence of the contested provisions, including its proposed "attorney eye only" provisions. In addition, as the defendants point out, the parties were not competitors but, rather, partners for at least a portion of the period at issue, further undermining the plaintiff's bid for cumbersome "attorney eye only" provisions, which the defendants persuasively argue will prejudice their ability to defend this case. The plaintiff is DIRECTED to prepare a proposed confidentiality order consistent with this ruling, in consultation with the defendants, and to file the revised proposed confidentiality order on the docket by October 24, 2014. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
October 17, 2014 Set Deadlines per Order #69 entered on 10/17/2014: Proposed Confidentiality Order consistent with Order #69 due by 10/24/2014. (lrc)
October 17, 2014 Reset Deadlines as to #70 MOTION to Amend the Second Amended Complaint- Per the Court's request to expedite briefing: Responses due by 10/24/2014. No reply permitted. (lrc)
October 15, 2014 Opinion or Order Filing 68 ORDER granting without objection #67 Motion to Seal. The defendants' unredacted version of their opposition to the plaintiff's motion for contempt, ECF No. 67-1, and affidavit of Thomas Nyiri, ECF No. 67-2, shall be sealed for the reasons stated in the defendants' unopposed motion to seal. Public, redacted versions of the opposition and affidavit have previously been filed at ECF Nos. 66 and 66-1. The defendants' unopposed motion to seal, ECF No. 67, may be unsealed since it does not contain any confidential information. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
October 14, 2014 Filing 67 Unopposed MOTION to Seal Opposition to Motion for Contempt and Declaration of Thomas Nyiri by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 11/4/2014. (Attachments: #1 SEALED Exhibit Unredacted Opposition to Motion for Contempt, #2 SEALED Exhibit Unredacted Declaration of Thomas Nyiri)(GOLDMAN, DAVID) Modified on 10/15/2014 to unseal the main document per Order #68 (mlm).
October 10, 2014 Filing 66 RESPONSE in Opposition re #58 Redacted MOTION for Contempt of Preliminary Injunction Order dated December 16, 2013, as clarified on December 27, 2013 filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 10/24/2014. (Attachments: #1 Exhibit Thomas Nyiri Declaration with incorporated exhibits)(GOLDMAN, DAVID) Modified on 10/14/2014 to clarify docket text(lrc).
October 9, 2014 Filing 65 RESPONSE to Motion re #62 MOTION for Confidentiality Order filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 10/23/2014. (KIRCHNER, THEODORE)
October 7, 2014 Opinion or Order Filing 64 ORDER granting #63 Motion for Leave to File Memorandum of Law in Opposition to Plaintiff's Motion for Contempt in Excess of Ten Pages By JUDGE GEORGE Z. SINGAL. (lrc)
October 6, 2014 Filing 63 Unopposed MOTION for Leave to File Memorandum of Law in Opposition to Plaintiff's Motion for Contempt in Excess of Ten Pages by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 10/27/2014. (GOLDMAN, DAVID)
October 1, 2014 Reset Deadlines as to #62 MOTION for Confidentiality Order per the Court's request to expedite briefing: Responses due by 10/9/2014. No reply permitted. (lrc)
September 30, 2014 Filing 62 MOTION for Confidentiality Order by CONCORDIA PARTNERS LLC Responses due by 10/21/2014. (Attachments: #1 Exhibit Proposed Confidentiality Order, #2 Exhibit Compare Confidentiality Order)(STITHAM, STACY)
September 29, 2014 Filing 61 NOTICE/CORRESPONDENCE Re: Withdrawal of Defendants' Motion for Protective Order (filed in State Court) (ECF No. 15-2) by MARCELLE PICK, PICK ENTERPRISES LLC (KIRCHNER, THEODORE)
September 22, 2014 Filing 60 CLERK'S Fourth SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
September 22, 2014 Opinion or Order Filing 59 ORDER granting without objection #53 Motion for Leave to Exceed Page Limits and #57 Motion to Seal By JUDGE GEORGE Z. SINGAL. (lrc)
September 22, 2014 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal(bfa)
September 19, 2014 Filing 58 Redacted MOTION for Contempt of Preliminary Injunction Order dated December 16, 2013, as clarified on December 27, 2013 by CONCORDIA PARTNERS LLC Responses due by 10/10/2014. (Attachments: #1 Affidavit of Jonathan Hochman (REDACTED), #2 Affidavit of Daniel A. Nuzzi, #3 Exhibit A to Nuzzi Declaration, #4 Exhibit B to Nuzzi Declaration, #5 Exhibit C to Nuzzi Declaration, #6 Affidavit of Richard Bilodeau, #7 Exhibit D to Bilodeau Declaration, #8 Exhibit E to Bilodeau Declaration, #9 Exhibit F to Bilodeau Declaration, #10 Exhibit G to Bilodeau Declaration, #11 Exhibit H to Bilodeau Declaration, #12 Exhibit I to Bilodeau Declaration, #13 Exhibit J to Bilodeau Declaration, #14 Exhibit K to Bilodeau Declaration, #15 Exhibit L to Bilodeau Declaration, #16 Exhibit M to Bilodeau Declaration)(STITHAM, STACY)
September 19, 2014 Filing 57 (Document sealed from public view) MOTION to Seal Motion for Contempt and Declaration of Jonathan Hochman by CONCORDIA PARTNERS LLC Responses due by 10/10/2014. (Attachments: #1 Affidavit of Jonathan Hochman (UNREDACTED), #2 Motion for Contempt (UNREDACTED))(STITHAM, STACY)
September 17, 2014 Filing 56 CLERK'S Third SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal. Documents Sent to U.S. Court of Appeals (bfa)
September 17, 2014 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal(bfa)
September 16, 2014 Filing 55 NOTICE- Please be advised that case number 2:13-cv-415-GZS has been consolidated with lead case number 2:14-cv-09-GZS. All further entries must be made in lead case number 2:14-cv-09-GZS. (lrc)
September 16, 2014 Set Scheduling Order Deadlines - (deadlines set in Case No. 2:13-cv-415-GZS, ECF No. 70) Discovery due by 3/27/2015. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 4/10/2015. (lrc)
September 16, 2014 Opinion or Order Filing 54 ORDER granting without objection #52 Motion to Consolidate Cases. GRANTED WITHOUT OBJECTION. District of Maine Docket # 2:14-cv-09-GZS shall become lead case. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
September 15, 2014 Filing 53 MOTION for Leave to Exceed Page Limit for Contempt by CONCORDIA PARTNERS LLC Responses due by 10/6/2014. (BERTONI, DAVID) Modified on 9/16/2014 to clean up docket text (lrc).
September 11, 2014 Filing 52 Unopposed MOTION to Consolidate Cases by CONCORDIA PARTNERS LLC Responses due by 10/2/2014. (STITHAM, STACY)
August 26, 2014 Supplemental Record on Appeal transmitted to US Court of Appeals re #32 Notice of Appeal(bfa)
August 22, 2014 Filing 51 CLERK'S Second SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal, Documents Sent to U.S. Court of Appeals (bfa)
August 21, 2014 Filing 50 Reply to #10 Amended Counterclaim by CONCORDIA PARTNERS LLC. (STITHAM, STACY) Modified on 8/21/2014 to clean up docket text(lrc).
August 14, 2014 Filing 49 CLERK'S First SUPPLEMENTAL CERTIFICATE Re: #32 Notice of Appeal, Documents Sent to U.S. Court of Appeals (lrc)
August 14, 2014 Opinion or Order Filing 48 ORDER ON MOTION TO REMAND denying #5 Motion to Remand to State Court By JUDGE GEORGE Z. SINGAL. (lrc)
August 13, 2014 Filing 47 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Oral Argument held re #5 MOTION to Remand to State Court (Court Reporter: Lori Dunbar) (lrc)
August 13, 2014 Filing 46 NOTICE of hearing location change. Please be advised that the Oral Argument hearing set for 8/13/2014 at 11:00 will be held in COURTROOM THREE rather than courtroom two as previously indicated. (lrc)
August 8, 2014 Filing 45 NOTICE of Hearing on Motion #5 MOTION to Remand to State Court : Oral Argument set for 8/13/2014 11:00 AM in Portland Courtroom 2 before JUDGE GEORGE Z. SINGAL. The Court has set aside one hour for this hearing.(lrc)
August 6, 2014 Opinion or Order Filing 44 ORDER of USCA as to #32 Notice of Appeal,,, filed by MARCELLE PICK, PICK ENTERPRISES LLC (mjlt)
March 11, 2014 Opinion or Order Filing 43 ORDER denying #38 Motion for Reconsideration. Having reviewed all of the written submissions, the Motion is hereby DENIED. The Court certainly recognizes the general rule that an interlocutory appeal of a preliminary injunction ordinarily does not deprive the district court of jurisdiction to proceed with the merits of the case. See, e.g., Pharm. Care Mgmt. Ass'n v. Maine Atty. Gen., 332 F. Supp. 2d 258, 259-60 (D. Me. 2004). In this particular case, the Court concludes the Motion to Remand falls outside that general rule. First, unlike other appealable decisions, if this Court were to grant the Motion to Remand, there would be no right to appeal that determination pursuant to 28 U.S.C. 1447(d). Second, deciding Defendants' appeal of the preliminary injunction, which was entered by the state court prior to removal, will require the First Circuit to consider initially whether there is federal subject matter jurisdiction over this case, an issue this Court has not yet addressed but would necessarily be the core question resolved by a decision on the Motion to Remand. Third, on the merits, the Motion to Remand raises multiple questions of law for which there is no binding First Circuit precedent. Fourth, at the joint request of the parties, the related federal copyright case involving the same parties (Concordia v. Partners, LLC v. Marcelle Pick et al., 2:13-cv-415-GZS) has essentially been stayed pending a decision on the Motion to Remand. (See ECF Nos. 60 & 66 in D. Me Docket No. 2:13-cv-415-GZS.) In the Court's overall assessment, the resources of the parties and the courts will be wasted if this dispute is simultaneously litigated in up to three separate forums. Given this combination of unique circumstances, the interests of justice demand that this Court await a decision or guidance from the First Circuit before issuing a final decision on the Motion to Remand. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
March 10, 2014 Filing 42 REPLY to Response to Motion re #38 MOTION for Reconsideration re 34 Order on Motion to Remand to State Court, filed by CONCORDIA PARTNERS LLC. (BERTONI, DAVID)
March 10, 2014 Reset Deadlines as to #38 MOTION for Reconsideration re 34 Order on Motion to Remand to State Court, pursuant to Order #40: Reply due by 5:00 pm on 3/10/2014. (lrc)
March 7, 2014 Filing 41 RESPONSE to Motion re #38 MOTION for Reconsideration re 34 Order on Motion to Remand to State Court, , #5 MOTION to Remand to State Court filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 3/21/2014. (Attachments: #1 Exhibit A - Attorney Nuzzi letter to Attorney Epstein dated 1-17-14)(POLIQUIN, JAMES)
March 4, 2014 Opinion or Order Filing 40 ORDER granting in part #39 Motion for Expedited Consideration. GRANTED IN PART. Any objection or response due by March 7, 2014. Reply, if any, to be filed on or before 5 p.m. on March 10, 2014. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
March 4, 2014 Reset Deadlines as to #38 MOTION for Reconsideration re 34 Order on Motion to Remand to State Court, pursuant to Order #40 entered on 3/4/2014: Response due by 3/7/2014. Any reply shall be filed by 5:00 p.m. on 3/10/2014. (lrc)
February 27, 2014 Filing 39 MOTION for Expedited Consideration of Motion for Reconsideration [Doc. No. 38] by CONCORDIA PARTNERS LLC Responses due by 3/20/2014. (NUZZI, DANIEL)
February 27, 2014 Filing 38 MOTION for Reconsideration re 34 Order on Motion to Remand to State Court, by CONCORDIA PARTNERS LLC Responses due by 3/20/2014. (NUZZI, DANIEL)
February 27, 2014 Filing 37 USCA Case Number 14-1233 for #32 Notice of Appeal, filed by MARCELLE PICK, PICK ENTERPRISES LLC. (bfa)
February 27, 2014 Filing 36 CLERK'S CERTIFICATE Re: #32 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa)
February 27, 2014 Filing 35 APPEAL COVER SHEET Re: #32 Notice of Appeal (bfa)
February 27, 2014 Opinion or Order Filing 34 ORDER reserving ruling #5 Motion to Remand to State Court. Plaintiff's Motion to Remand (ECF No. 5) was placed under advisement on January 27, 2014. Because the Court has concluded that Defendants' Notice of Appeal (ECF No. 32 & 33) divests this Court of jurisdiction to decide the pending Motion to Remand, the Court will RESERVE RULING on the Motion to Remand until a decision and mandate are received from the Court of Appeals. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
February 27, 2014 Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #32 Notice of Appeal (bfa)
February 26, 2014 COPIES of Notice of Appeal Sent to Counsel Re: #32 Notice of Appeal, filed by MARCELLE PICK, PICK ENTERPRISES LLC. (bfa)
February 26, 2014 Filing 33 NOTICE/CORRESPONDENCE Re: Correction of Clerical Error Re: Notice of Appeal (#32) by MARCELLE PICK, PICK ENTERPRISES LLC (POLIQUIN, JAMES)
February 26, 2014 USCA Appeal Fees Received from MARCELLE PICK, PICK ENTERPRISES LLC: Amount Paid: $505. Receipt Number: 214000648. Method of Payment: check. Date Paid: 2/26/2014 re #32 Notice of Appeal. (bfa)
February 25, 2014 Filing 32 NOTICE OF INTERLOCUTORY APPEAL by MARCELLE PICK, PICK ENTERPRISES LLC . NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at #http://www.med.uscourts.gov/forms MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/ and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf/ (POLIQUIN, JAMES) Modified on 2/28/2014 to reflect that this is an interlocutory appeal(lrc).
February 25, 2014 Opinion or Order Filing 31 ORDER granting #30 Motion to Withdraw as Attorney. Attorney Epstein's representation of the defendants is hereby terminated; the defendants continue to be represented by Attorneys Poliquin, DeTroy, and Kirchner. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
February 24, 2014 Filing 30 Unopposed MOTION by Attorney Elliott Epstein to Withdraw as Attorney by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 3/17/2014. (EPSTEIN, ELLIOTT)
January 30, 2014 Opinion or Order Filing 29 ORDER granting without objection #28 Motion for Extension of Time to Answer. The plaintiff's deadline to file its answer to the defendants' amended counterclaim, ECF No. 10, is extended to one week after the court's ruling on the pending motion to remand, ECF No. 5. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
January 29, 2014 Filing 28 Unopposed MOTION to Extend Time to File Answer re #10 Answer to Complaint, Counterclaim by CONCORDIA PARTNERS LLC Responses due by 2/19/2014. (STITHAM, STACY)
January 27, 2014 Filing 27 REPLY to Response to Motion re #5 MOTION to Remand to State Court filed by CONCORDIA PARTNERS LLC. (BERTONI, DAVID)
January 24, 2014 Opinion or Order Filing 26 ORDER granting without objection #25 Motion to Extend Time 30 Days to File Notice of Appeal By JUDGE GEORGE Z. SINGAL. (lrc)
January 24, 2014 Reset Deadlines as to #25 MOTION to Extend Time 30 days TO FILE NOTICE OF APPEAL pursuant to the Court's request to expedite briefing: Responses due by NOON on 1/27/2014. No reply permitted. (lrc)
January 23, 2014 Filing 25 MOTION to Extend Time 30 days TO FILE NOTICE OF APPEAL by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 2/13/2014. (POLIQUIN, JAMES)
January 23, 2014 Filing 24 RESPONSE to Motion re #5 MOTION to Remand to State Court filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 2/6/2014. (POLIQUIN, JAMES)
January 23, 2014 Reset Deadlines as to #5 MOTION to Remand to State Court pursuant to Order #21 entered on 1/21/2014: Any reply due by 1/28/2014. (lrc)
January 22, 2014 Filing 23 NOTICE of Appearance by DAVID BERTONI on behalf of CONCORDIA PARTNERS LLC (BERTONI, DAVID)
January 22, 2014 Filing 22 NOTICE of Appearance by PETER J. DETROY, III on behalf of All Defendants (DETROY, PETER)
January 21, 2014 Opinion or Order Filing 21 ORDER granting #12 Motion to Extend Time two days By JUDGE GEORGE Z. SINGAL. (nrg)
January 21, 2014 Filing 20 ADDITIONAL ATTACHMENTS filed by MARCELLE PICK, PICK ENTERPRISES LLC re #14 State Court Record,,,,, . Main Document: Motion to Modify Scheduling Order for Plaintiff's Expert Designation Deadline. (EPSTEIN, ELLIOTT)
January 21, 2014 RESET Deadlines as to #5 MOTION to Remand to State Court Pursuant to Order #21: Responses due by 1/23/2014. Any reply due by 1/28/2014. (nrg)
January 18, 2014 Filing 19 NOTICE of Appearance by STACY O. STITHAM on behalf of CONCORDIA PARTNERS LLC (STITHAM, STACY)
January 17, 2014 Filing 18 AFFIDAVIT of Elliott Epstein filed by MARCELLE PICK, PICK ENTERPRISES LLC. (Attachments: #1 Plaintiff's motion for expedited consideration of emergency motion to clarify or to alter or amend, #2 Plaintiff's emergency motion for clarification, #3 Exhibit A, #4 proposed order, #5 Order amending Dec. 27 order, #6 Order on Pltf's and Defs' motions, #7 Subpoena for David Addison, #8 Lilley and Foster motion to withdraw, #9 proposed order, #10 Defs' motion to amend or alter injunction order, #11 proposed order, #12 Defs' opposition to Pltf's emergency motion to clarify or to alter or amend prelim. injunction, #13 Order on 12/27/13 decision, #14 Plaintiff'sReply brief on emergency motion for clarification of or to alter or amend, #15 Exhibit A, #16 Discovery order)(EPSTEIN, ELLIOTT)
January 17, 2014 Filing 17 AFFIDAVIT of Elliott Epstein filed by MARCELLE PICK, PICK ENTERPRISES LLC. (Attachments: #1 Pltf's Motion for leave to exceed page limit, #2 Plaintff's reply in support of motion for preliminary injunction, #3 Amended proposed order, #4 Suppl. affidavit of Jeff McKinnon, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit Affidavit of Richard Bilodeau, #17 Exhibit A1, #18 Exhibit A2, #19 Exhibit A3, #20 Exhibit A4, #21 Exhibit A5, #22 Exhibit A6, #23 Exhibit A7, #24 Exhibit B1, #25 Exhibit B2, #26 Exhibit B3, #27 Exhibit B4, #28 Exhibit B5, #29 Affidavit of Inger Pols, #30 Epstein entry of appearance for Defs, #31 Order granting preliminary injunction, #32 Second amended complaint, #33 Request for discovery conference)(EPSTEIN, ELLIOTT)
January 17, 2014 Filing 16 AFFIDAVIT of Elliott Epstein, Esq. filed by MARCELLE PICK, PICK ENTERPRISES LLC. (Attachments: #1 Answer to first amended complaint, #2 Pltf letter requesting that Pick Enterprises 1st Amended counterclaim be dismissed, #3 Plaintiff's motion for a preliminary injunction, #4 Exhibit A, #5 Affidavit of Jeff Mckinnon, #6 Rule 65 (a) verification of 2nd amended complaint, #7 proposed order, #8 Pltf's Motion for expedited consideration of motion for preliminary injunction, #9 proposed order, #10 Lilley and Foster entries of appearance for Defs, #11 Affidavit of Richard Bilodeau, #12 Exhibit A, #13 Exhibit B, #14 Affidavit of Joan Everett, #15 Affidavit of Amy Amoroso, #16 Order on expedited hearing, #17 Plaintiff's supplemental submission in support of motion for preliminary injunction, #18 Supp. affidavit of Jeff McKinnon, #19 Affidavit of Genevieve Morgan, #20 Affidavit of Ann Lundquist, #21 Affidavit of Elizabeth Hamblin, #22 Affidavit of Betsy Peters, #23 Defs' Opp. to Pltf's motion for preliminary injunction, #24 Affidavit of Marcelle Pick, #25 A, #26 B, #27 C, #28 D, #29 E, #30 F, #31 G, #32 H, #33 I, #34 J, #35 K, #36 L, #37 M, #38 Affidavit of Thomas Nyiri)(EPSTEIN, ELLIOTT)
January 17, 2014 Filing 15 STATE COURT RECORD with Affidavit by MARCELLE PICK, PICK ENTERPRISES LLC. (Attachments: #1 Def's Opp to Pltfs Motion to Modify Scheduling Order for Pltf's expert designation, #2 Motion for a protective order, #3 proposed order, #4 Pltf's consent motion for enlargement of time to reply to defs' opp. to pltf's motion to modify scheduling order, #5 proposed order, #6 Order on motion to enlarge time, #7 Defendant's emergency motion for a two day enlargement of time, #8 Plaintiff's reply to Defs' opp to motion to modify the scheduling order, #9 Opp to motion for protective order, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F, #16 Pltf's opp to def's emergency ex parte motion for stay and/or extension of deadline for filing amended counterclaim, #17 Answer, Affirmative defenses and first amended counterclaim, #18 Motion for leave to withdraw, #19 order on withdrawal of counsel, #20 Summons, proof of service, #21 Plaintiff's motion for leave to file 2nd amended complaint, #22 2nd amended complaint, #23 Exhibit A, #24 Exhibit B, #25 Exhibit C, #26 Exhibit D, #27 Exhibit E, #28 Exhibit F, #29 proposed order)(EPSTEIN, ELLIOTT)
January 17, 2014 Filing 14 STATE COURT RECORD by MARCELLE PICK, PICK ENTERPRISES LLC. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 First Amended Complaint, #5 Exhibit A, #6 Exhibit B, #7 Summons served on Pick Enterprises, #8 Summons Served on Marcelle Pick, #9 Motion to admit visiting atty. Theresa Gillis, #10 Motion to extend the time to answer, #11 proposed order, #12 Opposing memorandum to Def's motion to extend time, #13 Answer, affirmative defenses & counterclaim, #14 Order on pro hoc vice motion, #15 Order granting extension, #16 Standard scheduling order, #17 Plaintiff's motion to dismiss defendants' counterclaims for failure to state a claim or for a more dif. statement, #18 proposed order, #19 Plaintiff's reply to Defs' Opp to Motion to Dismiss Defs' Counterclaims for failure to state a claim, #20 Under advisement order, #21 **DOCUMENT TO BE REFILED AT CLERK'S OFFICE REQUEST**Motion to modify scheduling order, #22 Exhibit A, #23*DOCUMENT TO BE REFILED AT CLERK'S OFFICE REQUEST**proposed order, #24 ADR Report, #25 Order on Dismissal of counterclaims)(EPSTEIN, ELLIOTT) Modified on 1/21/2014 to indicate attachments 21 &23 are to be refiled at Clerk's Office request(mjlt).
January 17, 2014 Filing 13 RESPONSE to Motion re #12 MOTION to Extend Time two days filed by CONCORDIA PARTNERS LLC. Reply due by 1/31/2014. (NUZZI, DANIEL)
January 17, 2014 Filing 12 MOTION to Extend Time two days by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 2/7/2014. (POLIQUIN, JAMES)
January 17, 2014 Filing 11 CORPORATE DISCLOSURE STATEMENT by PICK ENTERPRISES LLC. (EPSTEIN, ELLIOTT)
January 17, 2014 Filing 10 ANSWER to Complaint , Amended COUNTERCLAIM against CONCORDIA PARTNERS LLC by PICK ENTERPRISES LLC, MARCELLE PICK. (Attachments: #1 Exhibit - Principal register No. 2,030,328, #2 Exhibit B - Principal Register No. 2,482,023, #3 Exhibit C - Principal Register No. 3,619,005, #4 Exhibit D - Reg. No. 3,750,511, #5 Exhibit E - Reg. No. 3,750,512, #6 Exhibit F - Reg. No. 3,850,700, #7 Exhibit G1 - Copyrighted article "Are stress & adrenal imbalance keeping you from weight loss?", #8 Exhibit Exhibit G2 - Copyrighted article "Choosing the best multivitamin", #9 Exhibit G3 - Copyright application article ""Eating to support your adrenal glands... ", #10 Exhibit G4 - Copyright application article "Eating to support your thyroid... ", #11 Exhibit G5 - Copyright application article "Findings on HRT since the women's health initiative.. ", #12 Exhibit G6- Copyright application article "Giving yourself the gift you deserve... ", #13 Exhibit G7 - Copyright application article "8 Steps to kick your sugar cravings to the curb", #14 Exhibit G8- Copyright application article "High blood pressure - lowering the strain", #15 Exhibit G9- Copyright application article "Information on fatigue, insomnia and stress", #16 Exhibit G10 - - Copyright application article "Could stress be affecting your thyroid?", #17 Exhibit G11 - - Copyright application article "Adrenal stress and weight loss", #18 Exhibit G12 - - Copyright application article "Anxiety in women - causes, symptoms and natural relief", #19 Exhibit G13 - - Copyright application article "Are you an emotional eater?", #20 Exhibit G14 - - Copyright application article "Causes of inflammation", #21 Exhibit G15 - - Copyright application article "Insulin resistance in women", #22 Exhibit G16 - - Copyright application article "DHEA and adrenal imbalance", #23 Exhibit G17 - - Copyright application article "Do you have weight loss resistance?", #24 Exhibit G18 - - Copyright application article "Early menopause - feeling good... ", #25 Exhibit G19 - - Copyright application article "Irritable bowel syndrome... ", #26 Exhibit G20 - - Copyright application article "Inflammation - to chronic disease?", #27 Exhibit G21 - - Copyright application article "Inflammation and your bones... ", #28 Exhibit G22 - - Copyright application article "Information on health and stress - connections worth exploring", #29 Exhibit G23 - - Copyright application article "Information on menstruataion", #30 Exhibit G24 - - Copyright application article "Information on urinary & pelvic health in women", #31 Exhibit G25 - - Copyright application article "Irregular periods", #32 Exhibit G26 - - Copyright application article "Is stress affecting your memory & cognition?", #33 Exhibit G27 - - Copyright application article "Leaky gut syndrome - how healing your digestive tract... ", #34 Exhibit G28 - - Copyright application article "A natural approach to insulin resistance", #35 ExhibitG29 - - Copyright application article "Acid reflux - what's eating you?", #36 Exhibit G30 - - Copyright application article "Adrenal extremes - could you be on your way...", #37 Exhibit G31 - - Copyright application article "Am I losing my mind? What you can do... ", #38 Exhibit G32 - Copyright application article "Aging with grace - a natural approach... ", #39 Exhibit G33 - Copyright application article "Allergies & sensitivities - causes & solutions", #40 Exhibit G34 - Copyright application article "Alternative treatment for hypothyroidism, #41 Exhibit G35 - Copyright application article "Alzheimer's disease - or just a little forgetful?", #42 Exhibit G36 - Copyright application article "Anatomy of the skin", #43 Exhibit G37 - Copyright application article "Antidepressants & natural alternatives", #44 Exhibit G38 - Copyright application article "Are you wired to worry? How to quiet... ", #45 Exhibit G39 - - Copyright application article "Avoiding holiday stress", #46 Exhibit G40 - - Copyright application article "Blood glucose - could you be on the path... ", #47 Exhibit G41 - Copyright application article "Blood pressure readings - taking your vital signs", #48 Exhibit G42 - Copyright application article "Bone density, osteoporosis & the risk of bone fracture", #49 Exhibit G43 - Copyright application article "Bone mineral density testing & bone scan results", #50 Exhibit G44 - - Copyright application article "Caffeine & your adrenals...", #51 Exhibit G45 - - Copyright application article "Caffeine pros & cons... ", #52 Exhibit G46 - - Copyright application article "Can you speed up your metabolism to lose weight?", #53 Exhibit G47 - Copyright application article "Confused about carbohydrates? A quick guide... ", #54 Exhibit G48 - Copyright application article "Could yeast be disturbing digestion?", #55 Exhibit G49- - Copyright application article "C-reactive protein (CRP and hs-CRP)...", #56 Exhibit G50 - Copyright application article "Deep breathing - the truly essential exercise", #57 Exhibit G51 - Copyright application article "Dependency & withdrawal - detoxing from caffeine", #58 Exhibit G52 - Copyright application article "Diet soda - how healthy is it?", #59 Exhibit G53 - Copyright application article "Dual energy x-ray absorptiometry... ", #60 Exhibit G54 - Copyright application article "Eat safe - six simple ways to enhance the quality of your food", #61 Exhibit G55 - Copyright application article "Emotional well-being and the Emotional Freedom Technique (EFT)", #62 Exhibit G56 - Copyright application article "Feel better in two weeks with the Women to Women's Quick-Cleanse", #63 Exhibit G57 - Copyright application article "Finding peace for your legs - a simple approach to restless legs syndrome", #64 Exhibit G58 - Copyright application article "Food & herbs for boosting immunity and respiratory health", #65 Exhibit G59 - Copyright application article "Gastrointestinal distress - could it be intestinal parasites?", #66 Exhibit G60 - Copyright application article "Gluten intolerance & celiac disease - should you be concerned?", #67 Exhibit G61- Copyright application article "Good news about sex and menopause... ", #68 Exhibit G62 - Copyright application article "Health & vitamins - who should take dietary supplements & why", #69 Exhibit G63 - Copyright application article "Herbs for healing digestive imbalance", #70 Exhibit G64 - Copyright application article "High fructose corn syrup", #71 Exhibit G65 - Copyright application article "Holistic skin care - healthy skin from the inside out", #72 Exhibit G66 - Copyright application article "How emotional experience determines your health", #73 Exhibit G67 - Copyright application article "How the Hoffman Quadrinity Process Works", #74 Exhibit G68 - Copyright application article "How thyroid issues affect weight gain", #75 Exhibit G69 - Copyright application article "Hyperthyroidism - overactive thyroid", #76 Exhibit G70 - Copyright application article "Infertility: an alternative perspective", #77 Exhibit G71 - Copyright application article "Insomnia - reset your inner clock & get back to sleep", #78 Exhibit G72 - Copyright application article "Interpreting your medical test results... ", #79 Exhibit G73 - Copyright application article "Iodine & the thyroid... ", #80 Exhibit G74 - Copyright application article "Iron & ferritin... ", #81 Exhibit G75 - Copyright application article "Is adrenal imbalance keeping you... ", #82 Exhibit G76 - Copyright application article "Is it attention deficit... ", #83 Exhibit G77 - Copyright application article "Is it me or my adrenals?... ", #84 Exhibit G78 - Copyright application article "Is vitamin D deficiency casting a cloud over your health?", #85 Exhibit G79 - Copyright application article "Joint pain & arthritis... ", #86 Exhibit G80 - Copyright application article "Let it out - the power of anger", #87 Exhibit G81 - Copyright application article "Lipid profile - a look at cholesterol...", #88 Exhibit G82 - Copyright application article "Leteinizing hormone (LH) & follicle stimulating hormone...", #89 Exhibit G83 - Copyright application article "Lymphoma & lymphedema", #90 Exhibit G84 - Copyright application article "Natural treatments for adrenal imbalance... ", #91 Exhibit G85 - Copyright application article "Natural weight loss", #92 Exhibit G86 - Copyright application article "Nature's sleeping aids...", #93 Exhibit G87 - Copyright application article "N-telepeptide (NTx) - a valuable marker... ", #94 Exhibit G88 - Copyright application article "Omega-3's, phytonutrients, & the Mediterranean diet", #95 Exhibit G89 - Copyright application article "On depression, anxiety and mood", #96 Exhibit G90 - Copyright application article "One day on Women to Women's Quick-Cleanse", #97 Exhibit G91 - Copyright application article "Our perspective on the risks of HRT", #98 Exhibit G92 - Copyright application article "Personal program nutritional and lifestyle guidelines", #99 Exhibit G93 - Copyright application article "Popular weight loss plan... ", #100 Exhibit G94 - Copyright application article "Premature ovarian failure... ", #101 Exhibit G95 - Copyright application article "Probiotics - for life!", #102 Exhibit G96 - Copyright application article "Purging the poisons... ", #103 Exhibit G97 - Copyright application article "Omega-3 fatty acids - essential to health & happiness)(EPSTEIN, ELLIOTT) Modified on 1/17/2014 to clean up docket text and remove duplicative "exhibit" text (lrc).
January 17, 2014 Filing 9 NOTICE of Appearance by JAMES D. POLIQUIN on behalf of All Defendants (POLIQUIN, JAMES)
January 17, 2014 Filing 8 NOTICE of Appearance by THEODORE H. KIRCHNER on behalf of All Defendants (KIRCHNER, THEODORE)
January 16, 2014 Reset Deadlines as to #5 MOTION to Remand to State Court pursuant to Order #7 entered on 1/16/2014: Responses due by 1/21/2014. Any reply shall be filed on or before 1/23/2014. (lrc)
January 16, 2014 Opinion or Order Filing 7 ORDER granting in part #6 Motion for Expedited Consideration. GRANTED IN PART. Any objection to the Motion to Remand (ECF No. 5) shall be filed on or before January 21, 2014. The Court will consider any reply filed on or before January 23, 2013. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (JPL)
January 14, 2014 Filing 6 MOTION Request for Expedited Consideration of Motion to Remand [Doc. 5] by CONCORDIA PARTNERS LLC Responses due by 2/4/2014. (NUZZI, DANIEL)
January 14, 2014 Filing 5 MOTION to Remand to State Court by CONCORDIA PARTNERS LLC Responses due by 2/4/2014. (NUZZI, DANIEL)
January 14, 2014 Filing 4 CORPORATE DISCLOSURE STATEMENT by CONCORDIA PARTNERS LLC. (NUZZI, DANIEL)
January 10, 2014 Filing 3 CIVIL COVER SHEET. (mjlt)
January 10, 2014 Filing 2 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 1/17/2014. By DEPUTY CLERK:Michelle Thibodeau. (mjlt)
January 10, 2014 Set Deadlines : Corporate Disclosure Statement due by 1/17/2014. (mjlt)
January 10, 2014 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1206465.), filed by PICK ENTERPRISES LLC, MARCELLE PICK.(EPSTEIN, ELLIOTT)
January 10, 2014 Set Answer Deadline for Marcelle Pick & Pick Enterprises LLC Pursuant to Fed.R.Civ. 81(c): Answer due by 1/21/2014. (mjlt)
January 9, 2014 Filing 1 NOTICE OF REMOVAL with State Court Pleadings Second Amended Complaint with Exhibits E and F from Cumberland County Superior Court, case number CV-2013-135.IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by PICK ENTERPRISES LLC, MARCELLE PICK. (Service of Process Deadline 5/9/2014) (Attachments: #1 Letter to Sally Bourget, Clerk of Cumberland County Superior Court dated December 13, 2013, #2 Second Amended Complaint, #3 Exhibit E of Plaintiff's Second Amended Complaint, #4 Exhibit F of Plaintiff's Second Amended Complaint, #5 Cumberland County Superior Court Docket Sheet)(mjlt)

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Plaintiff: CONCORDIA PARTNERS LLC
Represented By: STACY O. STITHAM
Represented By: DAVID BERTONI
Represented By: DANIEL A. NUZZI
Represented By: MARTIN I. EISENSTEIN
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Counter claimant: MARCELLE PICK
Represented By: JAMES D. POLIQUIN
Represented By: DAVID A. GOLDMAN
Represented By: PETER J. DETROY, III
Represented By: DARYA I. ZAPPIA
Represented By: ELLIOTT L. EPSTEIN
Represented By: THEODORE H. KIRCHNER
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Defendant: PICK ENTERPRISES
Represented By: JAMES D. POLIQUIN
Represented By: DAVID A. GOLDMAN
Represented By: PETER J. DETROY, III
Represented By: DARYA I. ZAPPIA
Represented By: ELLIOTT L. EPSTEIN
Represented By: THEODORE H. KIRCHNER
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