Variety Stores, Inc. v. Wal-Mart Stores, Inc.
| Variety Stores, Inc. |
| Wal-Mart Stores, Inc. |
| 5:2014cv00217 |
| April 11, 2014 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| VANCE |
| Terrence W Boyle |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 501 RESPONSE in Opposition regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 500 Declaration regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b), #499 Memorandum in Support by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Trial Transcript for 10-22-18, #2 Exhibit 2 - Trial Transcript for 10-24-18, #3 Exhibit 3 - Trial Transcript for 10-23-18, #4 Exhibit 4 - Backyard UPCs, #5 Exhibit 5 - Backyard Net Sales, #6 Exhibit 6 - Backyard Net Unit) (Puzella, Mark) |
| Filing 499 Memorandum in Support regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 497 Declaration regarding #496 Memorandum in Support, #495 MOTION for New Trial by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Trial Transcript for 10-24-18, #2 Exhibit 2 - Trial Transcript for 10-23-18, #3 Exhibit 3 - Photograph of Walmart Product, #4 Exhibit 4 - Photograph of Walmart Product, #5 Exhibit 5 - Photograph of Walmart Product, #6 Exhibit 6 - Photograph of Walmart Product, #7 Exhibit 7 - Trial Transcript for 10-22-18, #8 Exhibit 8 - Backyard Net Sales, #9 Exhibit 9 - Backyard Net Unit, #10 Exhibit 10 - Evidence of Third Party Use, #11 Exhibit 11 - Evidence of Third Party Use, #12 Exhibit 12 - Compilation of Third Party Uses, #13 Exhibit 13 - Variety Responses to First Set of RFAs, #14 Exhibit 14 - Backyard Logos) (Puzella, Mark) |
| Filing 496 Memorandum in Support regarding #495 MOTION for New Trial filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 495 MOTION for New Trial filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 494 Declaration regarding #492 MOTION for Judgment as a Matter of Law (Renewed), #493 Memorandum in Support by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1- Trial Transcript for 10-24-18, #2 Exhibit 2- Trial Transcript for 10-22-18, #3 Exhibit 3- Trial Transcript for 10-23-18, #4 Exhibit 4 - Variety Responses to First Set of RFAs, #5 Exhibit 5 - Evidence of Third Party Use, #6 Exhibit 6 - Evidence of Third Party Use, #7 Exhibit 7 - Compilation of Third Party Uses, #8 Exhibit 8 - Southern States Memo, #9 Exhibit 9 - Photograph of Walmart Product, #10 Exhibit 10 - Photograph of Walmart Product, #11 Exhibit 11 - Photograph of Walmart Product, #12 Exhibit 12 - Photograph of Walmart Product, #13 Exhibit 13 - Backyard Logos) (Puzella, Mark) |
| Filing 493 Memorandum in Support regarding #492 MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 492 MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #484 MOTION for Jury Trial on Profits and Damages. (Stouch, L.) |
| Filing 491 OFFICIAL TRANSCRIPT of Jury Trial/Day 3 of 3 held on Wednesday, October 24, 2018, before Judge Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.) |
| Filing 490 OFFICIAL TRANSCRIPT of Jury Trial/Day 2 of 3 held on Tuesday, October 23, 2018, before Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.) |
| Filing 489 OFFICIAL TRANSCRIPT of Jury Trial/Day 1 of 3 held on Monday, October 22, 2018, before Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.) |
| Filing 488 REPLY to Response to Motion regarding #484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Adams, W.) |
| NOTICE of Filing of Official Transcript #490 Transcript #491 Transcript #489 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
| Filing 487 Declaration regarding #486 Response in Opposition to Motion for a Jury Trial on Profits and Damages Issues Resulting from Bifurcated Liability Phase Tried on October 22 24, 2018 by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Excerpts of the Rough Draft Trial Transcript for October 22, 2018, #2 Exhibit 2 - EEOC v. Baltimore (DE206) - Order Granting Motion to Permit Interlocutory Appeal, #3 Exhibit 3 - Baltimore v. EEOC (DE 9) - Order Granting Petition for Permission to Appeal) (Puzella, Mark) |
| Filing 486 RESPONSE in Opposition regarding #484 MOTION for Jury Trial on Profits and Damages filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 485 Memorandum in Support regarding #484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1 - Rough Draft of 10-24-2018 Trial Transcript) (Adams, W.) |
| Filing 484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 483 Jury Seating Arrangement - Sealed Document (Stouch, L.) |
| Filing 482 Exhibit List - Jury Trial. (Stouch, L.) |
| Filing 481 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED plaintiff Variety proved by a preponderance of the evidence that defendant Walmarts use of the BACKYARD GRILL + design mark was likely to cause confusion in connection with plaintiff Varietys THE BACKYARD, BACKYARD, and BACKYARD BBQ marks and was therefore infringing. IT IS FURTHER ORDERED, ADJUDGED AND DECREED defendant Walmarts infringement was willful. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 10/24/2018. (Stouch, L.) |
| Filing 480 Unredacted Document - #479 Jury Verdict (Stouch, L.) |
| Filing 479 JURY VERDICT. (Stouch, L.) |
| Filing 478 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Jury Trial DAY 3 completed on 10/24/2018. All jurors reported for service. Plaintiff's and defendant's counsel ready to proceed. Plaintiff continues with rebuttal case - calls witnesses and puts on evidence. Plaintiff rests. ORAL MOTION for judgment as a matter of law by defendant. ORAL ORDER denying motions for judgment as a matter of law. Charge conference held. Closing arguments presented by both parties. Charge to the jury by the Court. Jurors retire to deliberate. Verdict rendered finding for the plaintiff. (Court Reporter Michelle McGirr) (Stouch, L.) |
| ORAL MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc. (Stouch, L.) |
TEXT ORDER denying as moot #389 Motion for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference; granting #397 Motion to Seal Document; denying #400 Motion in Limine; denying #401 Motion in Limine; denying #403 Motion in Limine; denying #404 Motion in Limine; denying #405 Motion in Limine; denying #406 Motion in Limine; denying #407 PROPOSED Sealed Motion; granting #411 Motion to Seal; denying #413 PROPOSED Sealed Motion; granting #420 Motion to Seal; denying #422 PROPOSED Sealed Motion; granting #423 Motion to Seal; granting #445 Motion to Seal Document; granting #450 Motion to Seal Document; granting #453 Motion to Seal Document; granting #456 Motion to Seal Document; granting #463 Motion to Seal Document. Entered by Chief Judge Terrence W. Boyle on 10/24/2018. (Stouch, L.)
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| ORAL ORDER denying Renewed Motions for Judgment as a Matter of Law. Entered by Chief US District Judge Terrence W. Boyle on 10/24/2018. (Stouch, L.) |
| Filing 477 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Jury Trial DAY 2 held on 10/23/2018. All jurors reported for service. Plaintiff's and defendant's counsel ready to proceed. ORAL Rule 50 Motion by defendant. ORAL ORDER denying defendant's motion. ORAL Motion to Strike or in the Alternative for a Supplemental Jury Instruction by defendant. ORAL Motion to exclude witness David Ortiz by plaintiff. These motions will be taken under advisement. Defendant puts on evidence and calls witnesses. ORAL Motion requesting the Court disclose the identity of a third party by plaintiff. ORAL ORDER denying the motion. Defendant rests. Renewed ORAL Rule 50 Motion by defendant. The Court will take the motion under advisement. Plaintiff's rebuttal case - plaintiff calls witnesses. The Court takes the evening recess at 5:15 pm. Court will resume Wednesday October 23, 2018 at 9:30 am. (Court Reporter Michelle McGirr) (Stouch, L.) |
| Filing 475 ORAL MOTION to Strike or in the Alternative for a Supplemental Jury Instruction filed by Wal-Mart Stores, Inc. (Puzella, Mark) Modified on 10/23/2018 to correct docket entry text. (Stouch, L.). |
| Filing 474 ORAL MOTION for Judgment as a Matter of Law filed by Wal-Mart Stores, Inc. (Puzella, Mark) Modified on 10/23/2018 to correct docket entry text. (Stouch, L.). |
| ORAL ORDER denying #474 ORAL Motion for Judgment as a Matter of Law; taking under advisement #475 ORAL Motion to Strike and ORAL Motion to Exclude Witness David Ortiz. Entered by Chief US Judge Terrence W. Boyle on 10/23/2018. (Stouch, L.) |
| ORAL MOTION to Exclude Witness David Ortiz filed by Variety Stores, Inc. (Stouch, L.) |
| **** Reset Hearing: Jury Trial will continue on 10/24/2018 at 09:30 AM in Elizabeth City - Courtroom before Chief US District Judge Terrence W. Boyle. (Stouch, L.) |
| ORAL ORDER denying ORAL Motion for the Court to direct defendant to disclose third party. Entered by Chief US District Judge Terrence W. Boyle on 10/23/2018. (Stouch, L.) |
| ORAL MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc. (Stouch, L.) |
| ORAL MOTION for the Court to direct defendant to disclose third party filed by Variety Stores, Inc. (Stouch, L.) |
| Filing 476 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Voir Dire and Jury Trial DAY 1 held on 10/22/2018. Plaintiff's and defendant's counsel present and ready to proceed. Jury selection conducted. 8 jurors impaneled. ORAL ORDER regarding the subject matter of the trial. Plaintiff gives opening statement. Defendant gives opening statement. Plaintiff puts on evidence and calls witnesses. Plaintiff rests. The Court takes the evening recess at 5:00 pm. Court will resume Tuesday October 22, 2018 at 9:30 am. (Court Reporter Michelle McGirr) (Stouch, L.) |
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ORAL ORDER - This trial will address liability only. This trial will not address the damages portion of this case. Entered by Chief Judge Terrence W. Boyle on 10/22/2018. (Stouch, L.)
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| **** Reset Hearings: Jury Trial will continue on 10/23/2018 at 09:30 AM in Elizabeth City - Courtroom before Chief US District Judge Terrence W. Boyle. (Stouch, L.) |
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Filing 472
ORDER denying #374 Motion to Compel; denying #376 Motion to Enforce April 11, 2016 agreement; and denying #390 Motion for Leave to File Reply. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
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Filing 471
ORDER granting #378 Motion to Seal and #393 Motion to Seal. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
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Filing 470
ORDER granting #387 Motion to Seal. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
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| Filing 469 REPLY to Response to Motion regarding #406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 468 REPLY to Response to Motion regarding #401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 467 REPLY to Response to Motion regarding #400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 466 TRIAL BRIEF by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 465 Proposed Voir Dire by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 464 Memorandum in Support regarding #463 MOTION to Seal Document #462 PROPOSED SEALED Document, Variety's Trial Brief filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 463 MOTION to Seal Document #462 PROPOSED SEALED Document, Variety's Trial Brief filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 462 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 461 Proposed Voir Dire by Variety Stores, Inc.. (Adams, W.) |
| TEXT ORDER: Plaintiff is directed to collect plaintiff's exhibits 6 and 7, Variety's Backyard Grill Packaging and Walmart's Backyard Grill Packaging, admitted at the bench trial on October 12, 2016 from the Clerk's Office in Raleigh, North Carolina. Plaintiff is responsible for ensuring the exhibits are present at the trial scheduled to begin October 22, 2018 should either party want to admit them. Entered by Chief United States District Judge Terrence W. Boyle on 10/15/2018. (Stouch, L.) |
| Filing 460 RESPONSE in Opposition regarding #405 MOTION in Limine to Exclude Evidence and Arguments Concerning Walmart Inc.'s Overall Revenue and Size filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 459 RESPONSE in Opposition regarding #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 458 RESPONSE in Opposition regarding #404 MOTION in Limine To Exclude Evidence and Arguments Concerning Other Complaints, Incidents, Claims, or Lawsuits filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 457 Memorandum in Support regarding #456 Consent MOTION to Seal Document #455 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Unrelated License Agreements filed by Variety Stores, Inc.. (Adams, W.) Modified on 10/15/2018 to correct docket entry text (Stouch, L.). |
| Filing 456 Consent MOTION to Seal Document #455 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Unrelated License Agreements filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) Modified on 10/15/2018 to correct docket entry text (Stouch, L.). |
| Filing 455 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 454 Memorandum in Support regarding #453 Consent MOTION to Seal Document #452 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments of Revenue Outside of the Relevant Geographic Area filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 453 Consent MOTION to Seal Document #452 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments of Revenue Outside of the Relevant Geographic Area filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 452 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 451 Memorandum in Support regarding #450 Consent MOTION to Seal Document #448 PROPOSED SEALED Exhibit, to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 450 Consent MOTION to Seal Document #448 PROPOSED SEALED Exhibit, to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 449 Declaration regarding #447 Response in Opposition to Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege by Variety Stores, Inc. (Attachments: #1 Exhibit (A) Correspondence from Walmart's Counsel of 7-18-2018, #2 Exhibit (B) Correspondence from Variety's Counsel of 7-12-2018) (Adams, W.) |
| Filing 448 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #447 Response in Opposition to Motion. (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 447 RESPONSE in Opposition regarding #406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 446 Memorandum in Support regarding #445 Consent MOTION to Seal Document #444 PROPOSED SEALED Response, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 445 Consent MOTION to Seal Document #444 PROPOSED SEALED Response, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 444 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #403 MOTION in Limine Concerning Apportionment and Disgorgement of Profits. (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 443 RESPONSE in Opposition regarding #401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 442 RESPONSE in Opposition regarding #400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 441 Proposed Verdict Form by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 440 Proposed Jury Instructions by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 439 Proposed Verdict Form by Variety Stores, Inc.. (Adams, W.) |
| Filing 438 Proposed Jury Instructions by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Jury Instructions from Georgia-P. Consumer Products LP v. Von Drehle Corp., #2 Exhibit 2. Jury Instructions from Super Duper, Inc. v. Mattel, Inc., #3 Exhibit 3. Jury Instructions from Coryn Group II, LLC v. O.C. Seacrets, Inc.) (Adams, W.) |
| Filing 437 WITHDRAWAL of Motion by Wal-Mart Stores, Inc.. regarding #431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Sto filed by Wal-Mart Stores, Inc. (Puzella, Mark) |
| Filing 436 WITHDRAWAL of Motion by Wal-Mart Stores, Inc.. regarding #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Variety Stores, Inc., Wal-Mart Stores, Inc. (Puzella, Mark) |
| Filing 435 Notice filed by Wal-Mart Stores, Inc. of Anticipated Use of Presentation and Wireless Communication Devices During Trial. (Puzella, Mark) |
| Filing 434 Notice filed by Variety Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Adams, W.) |
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Filing 433
ORDER granting #399 Motion to Withdraw as Attorney. Attorney Corby C. Anderson and Matthew S. DeAntonio terminated. Signed by District Judge Terrence W. Boyle on 10/3/2018. (Stouch, L.)
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| Motion Submitted to District Judge Terrence W. Boyle regarding #399 MOTION to Withdraw as Attorney. (Stouch, L.) |
| Filing 432 Memorandum in Support regarding #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #430 PROPOSED SEALED Exhibit, #431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Sto, #427 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #430 PROPOSED SEALED Exhibit, #427 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 430 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 429 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 428 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 427 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 426 Declaration regarding #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Email from Long to Brenckman) (Puzella, Mark) |
| Filing 425 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 424 Memorandum in Support regarding #423 Consent MOTION to Seal #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 423 Consent MOTION to Seal #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 422 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 421 Memorandum in Support regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #419 PROPOSED SEALED Exhibit, #420 Consent MOTION to Seal #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #417 PROPOSED SEALED Exhibit, #418 PROPOSED SEALED Exhibit, #416 PROPOSED SEALED Exhibit, #415 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 420 Consent MOTION to Seal #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #419 PROPOSED SEALED Exhibit, #417 PROPOSED SEALED Exhibit, #418 PROPOSED SEALED Exhibit, #416 PROPOSED SEALED Exhibit, #415 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 419 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 418 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 417 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 416 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 415 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 414 Declaration regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL, #5 Exhibit 5 - FILED UNDER SEAL) (Puzella, Mark) |
| Filing 413 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 412 Memorandum in Support regarding #411 Consent MOTION to Seal #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #410 PROPOSED SEALED Exhibit, #409 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 411 Consent MOTION to Seal #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #410 PROPOSED SEALED Exhibit, #409 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 410 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #408 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 409 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #408 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 408 Declaration regarding #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1- Variety Initial Rule 26a Disclosures, #2 Exhibit 2 - Variety Second Suppl Resp to Walmart First Set of Rogs, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL) (Puzella, Mark) |
| Filing 407 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 405 MOTION in Limine to Exclude Evidence and Arguments Concerning Walmart Inc.'s Overall Revenue and Size filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 404 MOTION in Limine To Exclude Evidence and Arguments Concerning Other Complaints, Incidents, Claims, or Lawsuits filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 403 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 402 Proposed Order regarding #399 MOTION to Withdraw as Attorney filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Variety Stores, Inc.. (Adams, W.) |
| NOTICE TO COUNSEL regarding #399 Motion to Withdraw as Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.) |
| Filing 399 MOTION to Withdraw as Attorney filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 398 Memorandum in Support of Consent Motion to File Proposed Joint Pretrial Order under Seal filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 397 Consent MOTION to Seal Document #396 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 396 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.). |
| Filing 395 Minute Entry for proceeding held before US Magistrate Judge Robert B. Jones, Jr.: Settlement Conference held on 8/23/2018 in Wilmington, Courtroom 1. Parties present with counsel. Settlement negotiations reach an impasse. (Court Reporter FTR Gold) (Grady, B.) |
| Motions Submitted to District Judge Terrence W. Boyle regarding #378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, , #393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376], #376 MOTION to Enforce Agreement of April 11, 2016 , #390 MOTION for Leave to File Reply to Motion to Compel [DE 374], #387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, #389 Joint MOTION for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference, #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege. (Stouch, L.) |
| Filing 394 Memorandum in Support regarding #393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376] filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 392 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Adams, W.) Modified on 10/19/2018 to remove the word proposed pursuant to #471 Order granting motion to seal (Stouch, L.). |
| Filing 391 Memorandum in Support regarding #390 MOTION for Leave to File Reply to Motion to Compel [DE 374] filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply to Motion to Compel [DE 374]) (Adams, W.) |
| Filing 390 MOTION for Leave to File Reply to Motion to Compel [DE 374] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 389 Joint MOTION for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 388 Memorandum in Support regarding #384 PROPOSED SEALED Response, #387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, , #386 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 386 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #385 Declaration,,. (Puzella, Mark) Modified on 10/19/2018 to delete the word proposed pursuant to #470 Order granting motion to seal (Stouch, L.). |
| Filing 385 Declaration regarding #384 PROPOSED SEALED Response, Declaration of Mark S. Puzella by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Letter dated 02-29-2016 from Chapman to Adams, #3 Exhibit 3 - Letter dated 03-02-2016 from Adams to Chapman, #4 Exhibit 4 - Letter dated 03-10-2016 from Chapman to Adams, #5 Exhibit 5 - Letter dated 03-14-2016 from Adams to Chapman, #6 Exhibit 6 - Letter dated 07-01-2016 from Puzella to Adams, #7 Exhibit 7 - Letter dated 07-08-2016 from Adams to Puzella) (Puzella, Mark) |
| Filing 384 SEALED RESPONSE (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Puzella, Mark) Modified on 10/19/2018 to remove the word sealed pursuant to #470 Order granting motion to seal (Stouch, L.). |
| Filing 383 Declaration regarding #382 Response in Opposition to Motion to Compel Production of Documents Withheld on Grounds of Attorney-Client Privilege #374 by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Letter dated March 2, 2016 from Adams to Chapman) (Puzella, Mark) |
| Filing 382 RESPONSE in Opposition regarding #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
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Filing 381
Order Setting Hearings - Settlement Conference set for 8/23/2018 at 10:00 AM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones Jr. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge Robert B. Jones, Jr. on 8/2/2018. (Edwards, S.)
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Filing 380
Order Resetting Hearings - Jury Trial set for 10/22/2018 at 10:00 AM in Elizabeth City - Courtroom before US District Judge Terrence W. Boyle. Signed by US District Judge Terrence W. Boyle on 7/27/2018. The parties are ORDERED to participate in a court-hosted settlement conference with United States Magistrate Judge Robert B. Jones, Jr. prior to August 31, 2018. (Stouch, L.) Modified on 7/27/2018 to correct docket entry text (Stouch, L.).
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| Filing 379 Memorandum in Support regarding #378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 377 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Attachments: #1 Exhibit 1. Confidential Agreement of April 11, 2016, #2 Exhibit 2. Letter of July 18, 2018 from Walmart's counsel, Mark Puzella) (Adams, W.) Modified on 10/19/2018 to delete the word proposed pursuant to #471 Order granting motion to seal (Stouch, L.). |
| Filing 376 MOTION to Enforce Agreement of April 11, 2016 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 375 Memorandum in Support regarding #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
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Filing 373
Order Setting Hearings - Jury Trial set for 8/27/2018 at 10:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. The parties' joint proposed pretrial order shall be filed not later than August 1, 2018; the Court will retain control over whether video-taped witness deposition testimony may played be during the trial. Signed by US District Judge Terrence W. Boyle on 7/11/2018. (Stouch, L.)
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| Filing 372 OFFICIAL TRANSCRIPT of Proceedings held on 7/11/2018, Pretrial Conference, before District Judge Terrence W. Boyle. Court Reporter: Suzanne Patterson, Huseby, Inc., Telephone number: 800-333- 2082. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 8/4/2018. Redacted Transcript Deadline set for 8/14/2018. Release of Transcript Restriction set for 10/12/2018. (Foell, S.) |
| Filing 371 Minute Entry for proceedings held before US District Judge Terrence W. Boyle: Pretrial Conference held on 7/11/2018. Both parties present and ready to proceed. Court in recess. (Court Reporter Suzanne Patterson) (Stouch, L.) |
| NOTICE of Filing of Official Transcript #372 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.) |
| **** Reset Hearing: Pretrial Conference reset for 7/11/2018 at 10:00 AM in Raleigh - 5th Floor Courtroom before District Judge Terrence W. Boyle. ***Note date, time, and location change.*** (Stouch, L.) |
| Filing 370 NOTICE of Hearing: Pretrial Conference set for 7/10/2018 at 11:00 AM in Elizabeth City - Courtroom before US District Judge Terrence W. Boyle. (Stouch, L.) |
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Filing 369
ORDER regarding #366 Opinion from USCA. Plaintiff's motion for summary judgment is DENIED, defendant's motion for summary judgment is DENIED, and the orders entered subsequent to the summary judgment rulings are VACATED. This matter will be set for pretrial conference by separate notice. Signed by US District Judge Terrence W. Boyle on 5/16/2018. (Stouch, L.)
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| Filing 368 MANDATE of US Court of Appeals (17-15030, (17-1644), (17-1906) as to #336 , #344 , #357 Notice of Appeal. The judgment of this court, entered 4/24/2018, takes effect today. (Foell, S.) |
| Filing 367 US Court of Appeals Judgment as to #336 (17-1503), #344 (17-1644) and #357 (17-1906) Notice of Appeal. In accordance with the decision of this court, in appeal number 17-1503 the judgment of the district court is affirmed in part and vacated in part. This case is remanded to the district court for further proceedings consistent with the court's decision. In appeal numbers 17-1644 and 17-1906, the court dismisses the cross appeals. This judgment shall take effect upon issuance of this court's mandate. (Foell, S.) |
| Filing 366 Published Opinion from Fourth Circuit Court of Appeals (17-1503), (17-1644), (17-1906). Dismissed in part; affirmed in part; vacated in part and remanded. (Foell, S.) |
| Filing 365 **VACATED pursuant to DE #369 ** ORDER denying without prejudice #339 Motion for Bill of Costs; denying without prejudice #342 Order on Motion for Disallowance of Costs; and denying without prejudice #355 Application for Writ of Execution. Signed by Peter A. Moore, Jr., Clerk of Court on 3/1/2018. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| Notification to Appeals Court of Filing regarding #365 Order. (Foell, S.) |
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Filing 364
ORDER of US Court of Appeals. The court consolidates Appeal No. 1906 #357 Notice of Appeal, as an additional cross-appeal to Lead Appeal No. 17-1503. Oral argument is continued from the December 5-7, 2017 session to the January 23-26, 2018 session. (Foell, S.)
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| Filing 363 **VACATED pursuant to DE #369 ** ORDER granting #361 Motion for Approval of Supersedeas Bond and Stay of Execution of Judgment. Signed by US District Judge Terrence W. Boyle on 9/7/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| Motion Submitted to US District Judge Terrence W. Boyle: #361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment. (Stouch, L.) |
| Filing 362 Memorandum in Support regarding #361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Appeal Bond, #2 Exhibit B - Power Of Attorney) (Puzella, Mark) |
| Filing 361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark) |
| Filing 360 US Court of Appeals Case Number 17-1906 (Jennifer Rice, Case Manager) as to #357 Notice of Appeal filed by Wal-Mart Stores, Inc. (Tripp, S.) |
| Filing 359 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #357 Notice of Appeal. (Tripp, S.) |
| Filing 358 Notice filed by Wal-Mart Stores, Inc. regarding #355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. . (Puzella, Mark) |
| Filing 357 Notice of Appeal filed by Wal-Mart Stores, Inc. as to #354 Judgment on Attorney Fees, #353 Order on Motion for Attorney Fees. Filing fee paid on 8/3/2017: Receipt No. RAL058549. (Puzella, Mark) Modified on 8/11/2017 to add filing fee receipt number. (Stouch, L.). |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court: #355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. (Stouch, L.) |
| Filing 356 Document: Copy Request. (Attachments: #1 Envelope) (Stouch, L.) |
| Filing 355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. (Attachments: #1 Exhibit Execution, #2 Exhibit US Marshal's Process Receipt and Return) (Adams, W.) |
| Notification to Appeals Court of Filing regarding #354 Judgment on Attorney Fees, #353 Order on Motion for Attorney Fees (Tripp, S.) |
| Filing 354 **VACATED pursuant to DE #369 ** JUDGMENT on Attorney Fees - IT IS ORDERED, ADJUDGED AND DECREED plaintiff's motion [DE 340] is GRANTED IN PART and DENIED IN PART. Defendant Wal-Mart Stores Inc. is ORDERED TO PAY $136,593.68 in costs and $1,554,028.45 in attorneys' fees to plaintiff Variety Stores, Inc. Signed by Peter A. Moore, Jr., Clerk of Court on 7/6/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| Filing 353 **VACATED pursuant to DE #369 ** ORDER granting in part and denying in part #340 Motion for Attorney Fees. Signed by US District Judge Terrence W. Boyle on 7/6/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| NOTICE OF CORRECTION regarding: #352 Status Report. Pursuant to section (V)(E)(1)(e) of the CM/ECF Policies and Procedures Manual, located on the court's website, the docket text for the attachment description must be clear and complete. Labeling an attachment as Exhibit 1 or Exhibit 1- Affidavit is insufficient. The docket text for an attachment must provide a detailed description, such as Exhibit 1 - Affidavit of Jane Doe. Case manager has added exhibit descriptions to the docket entry text. No further action is needed from counsel. (Stouch, L.) |
| Remark - #352 Status Report submitted to US District Judge Terrence W. Boyle for review. (Stouch, L.) |
| Filing 352 STATUS REPORT re Variety Stores, Inc.'s Motion [DE340] and Court of Appeals Notice by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit A - Appellant's Notice Regarding Rule 59(e) Motion Pending in District Court, #2 Exhibit B - Court of Appeals Notice) (Puzella, Mark) Modified on 6/16/2017 to add exhibit names to the docket entry text. (Stouch, L.). |
| Motions Referred to Peter A. Moore, Jr., Clerk of Court: #342 Motion for Disallowance of Costs , #339 MOTION for Bill of Costs . (Stouch, L.) |
| Motion Submitted to US District Judge Terrence W. Boyle: #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest. (Stouch, L.) |
| Filing 351 REPLY to Response to Motion regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Rule 59(e) Motion filed in Georgia-P. Consumer Products LP v. Von Drehle Corp., 2013 WL 3923984 (E.D.N.C. 2013)) (Adams, W.) |
| Filing 350 RESPONSE to Motion regarding #342 Motion for Disallowance of Costs filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of W. Thad Adams, III) (Adams, W.) |
| Filing 349 Declaration regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Puzella, Mark) |
| Filing 348 RESPONSE in Opposition regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
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Filing 347
ORDER of US Court of Appeals as to #344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc., #336 Notice of Appeal, filed by Variety Stores, Inc. - The court consolidates Case No. 17-1503(L) and Case No. 17-1644 as cross appeals. The appellant in Case No. 17-1503(L) shall be considered the appellant for purposes of the consolidated appeals and shall proceed first at briefing and at oral argument. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Tripp, S.)
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| Filing 346 US Court of Appeals Case Number 17-1644 (Jennifer Rice, Case Manager) as to #344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc. (Tripp, S.) |
| Filing 345 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #344 Notice of Cross Appeal. (Foell, S.) |
| Appeal Fee: $505.00, receipt number RAL057037 regarding #344 Cross Notice of Appeal. (Foell, S.) |
| Filing 344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc.. Filing fee. (Puzella, Mark) |
| Filing 343 Memorandum in Support regarding #342 Motion for Disallowance of Costs filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 342 Motion for Disallowance of Costs filed by Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 341 Memorandum in Support regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of William M. Bryner, Esq., #2 Exhibit 2. Declaration of W. Thad Adams, III, Esq., #3 Exhibit 3. Summary of Attorneys' Fees, #4 Exhibit 4. Summary of Monthly Expenses, #5 Exhibit 5. AIPLA 2015 Report Excerpts, #6 Exhibit 6. Declaration of J.C. Poindexter, Ph.D.) (Adams, W.) |
| Filing 340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 339 MOTION for Bill of Costs filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Fees of the Clerk (Filing Fee for Complaint), #2 Exhibit 2. Fees for Service of Summons, #3 Exhibit 3. Fees for Printed or Electronically Recorded Transcripts, #4 Exhibit 4. Fees for Exemplification and the Costs of Making Copies, #5 Exhibit 5. Other Costs - Fee for Conference Room rental for trial) (Adams, W.) |
| Filing 338 US Court of Appeals Case Number: 17-1503 (Jennifer Rice, Case Manager) as to #336 Notice of Appeal. (Foell, S.) |
| Filing 337 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #336 Notice of Appeal. (Foell, S.) |
| Filing 336 Notice of Appeal filed by Variety Stores, Inc. as to #334 Order on Motion for Miscellaneous Relief, #335 Judgment, #316 Order on Motion to Seal Document, Order on Motion in Limine, Order on PROPOSED SEALED Motion, Order on Motion to Redact. Filing fee, receipt number 0417-4060768. (Adams, W.) . |
| Filing 335 **VACATED pursuant to DE #369 ** JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED pursuant to this Court's order entered December 8, 2015, plaintiff Variety Store's motion for partial summary judgment [DE 43] is GRANTED and defendant Wal-Mart Stores' motion for summary judgment [DE 49] is DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED pursuant to this Court's order entered on November 22, 2016, defendant Wal-Mart Stores is ordered to disgorge its profit in the amount of $32,521,671.40. Motions in limine [DE 232, 252] are GRANTED and motions in limine [DE 231, 233, 234, 238, 242, 247, 253, 255, 257, 261, 269, 270] are DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED Variety has already been awarded the entirety of Wal-Mart's profits that can be attributed to its infringement and that are compensable to Variety, and because no additional remedy is available in this case, there is no need to hold a jury trial. Plaintiff Variety Stores Inc.'s motion for Pretrial Conference and Trial Setting is DENIED. [DE 318]. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 4/19/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| Filing 334 **VACATED pursuant to DE #369 ** ORDER denying #318 Motion for Pretrial Conference and Trial Setting. Signed by US District Judge Terrence W. Boyle on 4/18/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.). |
| Filing 333 Notice filed by Variety Stores, Inc. regarding #318 MOTION Pretrial Conference and Trial Setting (Letter to Judge Boyle with Supplemental Authority pursuant to LR 7.1(h)). (Attachments: #1 Exhibit 1. Supplemental Authority, Exclaim Mktg., LLC v. DirecTV, LLC, 15-239, 2016 WL 7479315 (4th Cir. Dec. 29, 2016)) (Long, Samuel) |
| Motion Submitted to US District Judge Terrence W. Boyle: #318 MOTION Pretrial Conference and Trial Setting. (Stouch, L.) |
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Filing 332
**VACATED pursuant to DE #369 ** ORDER granting #330 Motion to Seal Document #328 PROPOSED SEALED Reply. Signed by District Judge Terrence W. Boyle on 1/25/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motion Submitted to District Judge Terrence W. Boyle: #330 MOTION to Seal Document #328 PROPOSED SEALED Reply with Exhibits 3-18. (Stouch, L.) |
| Filing 331 Memorandum in Support regarding #330 MOTION to Seal Document #328 PROPOSED SEALED Reply,,,, with Exhibits 3-18 filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 330 MOTION to Seal Document #328 PROPOSED SEALED Reply,,,, with Exhibits 3-18 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 329 REDACTION to #328 PROPOSED SEAL Reply by Variety Stores, Inc. (Attachments: #1 Index Redacted Exhibit List, #2 Exhibit 1. Chart of Citations., #3 Exhibit 2. Arctic Cat Inc.v. Bombardier Recreational Prods., Inc., et al., Case No. 14-cv-62369 (S.D. Fla. Jan. 3, 2017) (slip op.)) (Adams, W.) |
| Filing 328 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #318 MOTION Pretrial Conference and Trial Setting . (Attachments: #1 Index Sealed Exhibit List, #2 Exhibit 3. License Agreement Amendment, #3 Exhibit 4. License Agreement., #4 Exhibit 5. Second License Agreement, #5 Exhibit 6. License Agreement and Amendments, #6 Exhibit 7. License Agreement, #7 Exhibit 8. License Agreement Correspondence., #8 Exhibit 9. License Agreement Amendments., #9 Exhibit 10. License Agreement., #10 Exhibit 11. License Agreement Correspondence., #11 Exhibit 12. License Agreement with Amendments, #12 Exhibit 13. License Agreement with Amendments., #13 Exhibit 14. Royalty History, #14 Exhibit 15. License Agreement., #15 Exhibit 16. Draft and Appliance License Agreement., #16 Exhibit 17. Grill License Agreement Draft 2., #17 Exhibit 18. Grill License Agreement Draft 3.) (Adams, W.) Modified on 1/26/2017 to delete the word 'Proposed.' (Stouch, L.). |
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Filing 327
**VACATED pursuant to DE #369 ** ORDER granting #323 Motion to Seal. Signed by District Judge Terrence W. Boyle on 1/19/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 326 *CORRECTED* OFFICIAL TRANSCRIPT OF BENCH TRIAL PROCEEDINGS (Day 2) held on October 12, 2016, before District Judge Terrence W. Boyle. Court Reporter Margie Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/11/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/21/2017. (Thuemmel Proctor, S.) |
| Filing 325 *CORRECTED* OFFICIAL TRANSCRIPT OF BENCH TRIAL PROCEEDINGS (DAY 1) held on October 11, 2016, before District Judge Terrence W. Boyle. Court Reporter Margie Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/11/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/21/2017. (Thuemmel Proctor, S.) |
| NOTICE OF CORRECTION regarding: #300 Transcript #299 Transcript. Counsel has requested changes to names in original transcript. See Corrected Transcripts. (Thuemmel Proctor, S.) |
| Motion Submitted to US District Judge Terrence W. Boyle: regarding #323 MOTION to Seal #321 PROPOSED SEALED Response. (Stouch, L.) |
| NOTICE of Filing of Official Transcript #325 Transcript #326 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| Filing 324 Memorandum in Support regarding #323 MOTION to Seal #321 PROPOSED SEALED Response,, filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 323 MOTION to Seal #321 PROPOSED SEALED Response,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Filing 322 REDACTION to #321 SEALED Response,, by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Excerpts from transcript of 6/14/2016 Status Hearing (redacted), #2 Exhibit 2 - Affidavit of Karen Angell (redacted), #3 Exhibit 3 - Excerpts from the deposition of J.C. Poindexter (redacted)) (Puzella, Mark) Modified on 1/19/2017 to removed the word 'Proposed.' (Stouch, L.). |
| Filing 321 SEALED RESPONSE (Selected Participants Only)by Mark Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #318 MOTION Pretrial Conference and Trial Setting . (Attachments: #1 Exhibit 1 - Excerpts from transcript of 6/14/2016 Status Hearing, #2 Exhibit 2 - Affidavit of Karen Angell, #3 Exhibit 3 - Excerpts from the deposition of J.C. Poindexter) (Puzella, Mark) Modified on 1/19/2017 to remove the word 'Proposed.' (Stouch, L.). |
| Filing 320 Redacted Transcript of Status Hearing regarding #212 held on June 14, 2016, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. (Thuemmel Proctor, S.) |
| Filing 319 Memorandum in Support regarding #318 MOTION Pretrial Conference and Trial Setting filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 318 MOTION Pretrial Conference and Trial Setting filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
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Filing 317
**VACATED pursuant to DE #369 ** ORDER granting #315 Motion to Withdraw as Attorney. Attorney Bridgette A. Agness and Laura L. Chapman terminated. Signed by District Judge Terrence W. Boyle on 11/22/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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Filing 316
**VACATED pursuant to DE #369 ** ORDER granting #232 Motion in Limine and #252 Motion in Limine; denying #231 Motion in Limine, #233 Motion in Limine, #234 Motion in Limine, #238 Motion in Limine, #242 Motion in Limine, #247 Motion in Limine, #253 Motion in Limine, #255 Motion in Limine, #257 Motion in Limine, #261 Motion in Limine, #269 Sealed Motion in Limine and #270 Motion in Limine; granting #236 Motion to Seal Document, #240 Motion to Seal Document, #245 Motion to Seal Document, #250 Motion to Seal Document, #259 Motion to Seal Document, #265 Motion to Seal Document, #273 Motion to Seal, #305 Motion to Seal and #310 Motion to Seal Document; and denying #307 Motion to Redact #300 Transcript and #299 Transcript. Defendant is ordered to disgorge its profit in the amount of $32,521,671.40. Signed by District Judge Terrence W. Boyle on 11/21/2016. (Stouch, L.) Modified docket entry on 5/17/2018 (Stouch, L.).
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| Motion Submitted to US District Judge Terrence W. Boyle: #315 MOTION to Withdraw as Attorney Motion To Withdraw Appearance By Counsel. (Stouch, L.) |
| Filing 315 MOTION to Withdraw as Attorney Motion To Withdraw Appearance By Counsel filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Chapman, Laura) |
| Filing 314 RESPONSE in Opposition regarding #310 MOTION to Seal Document #309 PROPOSED SEALED Document, Exhibit A to the Declaration of Kirsten E. Small filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 313 RESPONSE in Opposition regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 312 RESPONSE in Opposition regarding #305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 311 Memorandum in Support regarding #310 MOTION to Seal Document #309 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 310 MOTION to Seal Document #309 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Filing 309 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, . (Attachments: #1 Exhibit A) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 308 Memorandum in Support regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - List of Requested Redactions) (Anderson, Corby) |
| Filing 307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Filing 306 Memorandum in Support regarding #305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Filing 304 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 303 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit 1 -Declaration of Jeffrey C. Mok, #2 Exhibit Exhibit 1 to Mok Declaration - Ltr to Chpman fr Adams re Production) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 302 Notice of Intent to Request Redaction filed by Corby C. Anderson regarding #300 Transcript,,, #299 Transcript,,,. (Anderson, Corby) |
| Filing 301 Notice filed by Variety Stores, Inc. of Supplemental Findings of Fact pursuant to 10/12/2016 Oral Order of Court. (Adams, W.) |
| Filing 300 OFFICIAL TRANSCRIPT BENCH TRIAL DAY 2 held on October 12, 2016, before Judge Terrence W. Boyle. Court Reporter Margaret M. Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017. (Kruse, Margaret) (Additional attachment(s) added on 10/17/2016: #1 Corrected Certification Page) (Thuemmel Proctor, S.). |
| Filing 299 OFFICIAL TRANSCRIPT BENCH TRIAL DAY 1 held on October 11, 2016, before Judge Terrence W. Boyle. Court Reporter Margaret M. Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017. (Kruse, Margaret) (Additional attachment(s) added on 10/17/2016: #1 Corrected Certification Page) (Thuemmel Proctor, S.). |
| NOTICE of Filing of Official Transcript of Bench Trial Day 1 and Bench Trial Day 2 before District Court Judge Terrence W. Boyle. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Kruse, Margaret) |
| Filing 298 Trial Exhibit List. (Stouch, L.) |
| Filing 297 RENEWED ORAL MOTION for Involuntary Dismissal under Rule 41(b) filed by Wal-Mart Stores, Inc. (Stouch, L.) |
| Filing 296 Minute Entry for proceedings held in Raleigh, NC before US District Judge Terrence W. Boyle: (DAY 2)Bench Trial completed on 10/12/2016. All parties present and ready to proceed. Defendant continues to call witnesses and present evidence. Defendant rests. Defendant renews its oral motion for involuntary dismissal pursuant to Rule 41(b). Motion denied. Plaintiff calls a witness and presents evidence in its rebuttal case. Plaintiff rests. Defendant renews its oral motion for involuntary dismissal pursuant to Rule 41(b). Motion denied. Counsel for both parties makes closing statements. The parties are allowed ten days to amend briefing. Court is in recess. (Court Reporter Margie Kruse) (Stouch, L.) |
| RENEWED ORAL MOTION for Involuntary Dismissal under Rule 41(b) filed by Wal-Mart Stores, Inc. (Stouch, L.) |
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**VACATED pursuant to DE #369 ** ORAL ORDER denying 297 RENEWED ORAL Motion for Involuntary Dismissal under 41(b). Signed by District Judge Terrence W. Boyle on 10/12/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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**VACATED pursuant to DE #369 ** ORAL ORDER denying RENEWED ORAL MOTION for Involuntary Dismissal by Wal-Mart Stores, Inc. Signed by District Judge Terrence W. Boyle on 10/12/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 295 ORAL MOTION to Exclude Witness Van Liere by Variety Stores, Inc. (Stouch, L.) |
| Filing 294 ORAL MOTION for Involuntary Dismissal under Rule 41(b) by Wal-Mart Stores, Inc. (Stouch, L.) |
| Filing 293 Minute Entry for proceedings held in Raleigh, NC before US District Judge Terrence W. Boyle: (DAY 1) Bench Trial held on 10/11/2016. All parties present and ready to proceed. Opening Statements by counsel for both parties. Plaintiff rests. Defendant makes oral motion for involuntary dismissal under Rule 41(b). Motion denied. Oral motion by plaintiff to exclude witness Van Liere. Motion denied. Defendant calls witnesses and presents evidence. This matter recessed for the evening to reconvene on Wednesday October 12, 2016 at 10:00am in Raleigh. (Court Reporter Margie Kruse) (Stouch, L.) |
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**VACATED pursuant to DE #369 ** ORAL ORDER denying 295 Motion to Exclude Witness Van Liere. Signed by District Judge Terrence W. Boyle on 10/11/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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**VACATED pursuant to DE #369 ** ORAL ORDER denying 294 Motion for Involuntary Dismissal. Signed by District Judge Terrence W. Boyle on 10/11/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 292 PROPOSED SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) |
| Filing 291 Memorandum in Opposition regarding #253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 290 Memorandum in Opposition regarding #261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 289 Memorandum in Opposition regarding #242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 288 Memorandum in Opposition regarding #257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 287 Memorandum in Opposition regarding #255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 286 Memorandum in Opposition regarding #234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 285 Memorandum in Opposition regarding #247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 284 Memorandum in Opposition regarding #238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 283 RESPONSE in Opposition regarding #252 MOTION in Limine Concerning the Synergistic Factors filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 282 RESPONSE in Opposition regarding #232 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 281 RESPONSE in Opposition regarding #270 MOTION in Limine to Exclude Evidence of Revenue Unrelated to Relevant Geographic Scope and Overlapping Goods filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 280 RESPONSE in Opposition regarding #231 MOTION in Limine Concerning Damages Under North Carolina's Unfair and Deceptive Trade Practices Act and Under the Lanham Act filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 279 Courtroom Technology Certification of Training by Variety Stores, Inc. (Adams, W.) |
| Filing 278 RESPONSE in Opposition regarding #233 MOTION in Limine Concerning Profits Under a Deterrence Theory, Exceptional Case, Attorney's Fees, Interest, and Costs filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 277 Notice filed by Variety Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Adams, W.) |
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Filing 276
**VACATED pursuant to DE #369 ** ORDER granting #227 Motion to Seal Document #226 PROPOSED SEALED Proposed Joint Pretrial Order. Signed by District Judge Terrence W. Boyle on 10/6/2016. (Stouch, L.) Modified docket entry on 5/17/2018 (Stouch, L.).
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| Filing 275 Notice of Appearance for non-district by Jeffrey C. Mok on behalf of Wal-Mart Stores, Inc.. (Mok, Jeffrey) |
| REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Filing 274 Memorandum in Support regarding #273 MOTION to Seal #271 PROPOSED SEALED Document, #268 PROPOSED SEALED Exhibit,,, #269 PROPOSED SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 273 MOTION to Seal #271 PROPOSED SEALED Document, #268 PROPOSED SEALED Exhibit,,, #269 PROPOSED SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, In, #272 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Filing 272 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit Declaration of Elizabeth Brenckman, #2 Exhibit A - Adams Letter of June 29, 2016) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 271 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 270 MOTION in Limine to Exclude Evidence of Revenue Unrelated to Relevant Geographic Scope and Overlapping Goods filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 269 SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 268 SEALED Exhibit (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #267 Notice - other. (Attachments: #1 Exhibit A - List of Variety Stores, Inc. Locations, #2 Exhibit B - Expert Report of Graham D. Rogers, #3 Exhibit C - Transcript of Deposition of George Templeton Blackburn, II (excerpts), #4 Exhibit D - Supplemental Expert Report of Graham D. Rogers, #5 Exhibit E - Transcript of Deposition of Robert Klein (excerpts), #6 Exhibit F - Transcript of Deposition of J. Carl Poindexter (excerpts), #7 Exhibit G - Rebuttal Expert Report of J. Carl Poindexter) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 267 Notice filed by Wal-Mart Stores, Inc. of Filing of Exhibits in Support of Motions In Limine. (Attachments: #1 Exhibit Declaration of Matthew DeAntonio) (Anderson, Corby) |
| Filing 266 Memorandum in Support regarding #265 MOTION to Seal Document #264 PROPOSED SEALED Document, #263 PROPOSED SEALED Document, Proposed Findings of Fact and Conclusions of Law [DE 263] and Trial Brief [DE 264] filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 265 MOTION to Seal Document #264 PROPOSED SEALED Document, #263 PROPOSED SEALED Document, Proposed Findings of Fact and Conclusions of Law [DE 263] and Trial Brief [DE 264] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 264 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 263 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 262 Memorandum in Support regarding #261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 260 Memorandum in Support regarding #259 MOTION to Seal Document #258 PROPOSED SEALED Memorandum in Support, to Motion to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 259 MOTION to Seal Document #258 PROPOSED SEALED Memorandum in Support, to Motion to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 258 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc.) regarding #257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 256 Memorandum in Support regarding #255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 254 Memorandum in Support regarding #253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 252 MOTION in Limine Concerning the Synergistic Factors filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 251 Memorandum in Support regarding #250 MOTION to Seal Document #248 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 250 MOTION to Seal Document #248 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 249 Notice filed by Variety Stores, Inc. regarding #248 PROPOSED SEALED Memorandum in Support, see attached Exhibit 1 (Supplemental Expert Report of Kent Van Liere) to Exclude Defendant's Expert Report and Testimony of Kent Van Liere. (Adams, W.) |
| Filing 248 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 246 Memorandum in Support regarding #245 MOTION to Seal Document #243 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Graham Rogers with Exhibit 2 filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 245 MOTION to Seal Document #243 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Graham Rogers with Exhibit 2 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 244 Notice filed by Variety Stores, Inc. regarding #243 PROPOSED SEALED Memorandum in Support, see attached Exhibit 1 (Deposition Transcript of Kent Van Liere) to Motion in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers. (Adams, W.) |
| Filing 243 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers. (Attachments: #1 Exhibit 2. Supplemental Expert Report of Graham Rogers) (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 241 Memorandum in Support regarding #240 MOTION to Seal Document #239 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 240 MOTION to Seal Document #239 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 239 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 237 Memorandum in Support regarding #236 MOTION to Seal Document #235 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 236 MOTION to Seal Document #235 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 235 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 233 MOTION in Limine Concerning Profits Under a Deterrence Theory, Exceptional Case, Attorney's Fees, Interest, and Costs filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 232 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 231 MOTION in Limine Concerning Damages Under North Carolina's Unfair and Deceptive Trade Practices Act and Under the Lanham Act filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 230 Courtroom Technology Certification of Training by Wal-Mart Stores, Inc. (Anderson, Corby) |
| Filing 229 Notice filed by Wal-Mart Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Anderson, Corby) |
| Filing 228 Memorandum in Support regarding #227 Consent MOTION to Seal Document #226 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 227 Consent MOTION to Seal Document #226 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 226 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| **** Reset Hearing: Bench Trial reset for Tuesday 10/11/2016 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. Date, time, and location change. (Stouch, L.) |
| **** Reset Hearings: Bench Trial set for 10/17/2016 at 11:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.) |
| NOTICE: Bench Trial set for 10/11/2016 CONTINUED to date, time, and location to be determined. (Romine, L.) |
| Filing 225 NOTICE of Hearing: Bench Trial set for 10/11/2016 at 11:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.) |
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Filing 224
**VACATED pursuant to DE #369 ** ORDER denying #218 Motion to Compel. Signed by District Judge Terrence W. Boyle on 8/25/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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Filing 223
**VACATED pursuant to DE #369 ** ORDER granting #205 Motion to Seal Document #204 PROPOSED SEALED Exhibit. Signed by District Judge Terrence W. Boyle on 8/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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Filing 222
**VACATED pursuant to DE #369 ** ORDER granting #194 Motion to Seal Document #193 PROPOSED SEALED Document Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank. Signed by District Judge Terrence W. Boyle on 8/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motion Submitted to US District Judge Terrence W. Boyle: #218 MOTION to Compel Fact Depositions of Variety Witnesses. (Romine, L.) |
| Filing 221 RESPONSE in Opposition regarding #218 MOTION to Compel Fact Depositions of Variety Witnesses filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Domestic Fabrics v. Sears, No. 4:00-CV-127-H(4) (E.D.N.C. Mar.11, 2003), #2 Exhibit 2. 1-15-2016 Email from L. Chapman to T. Adams, #3 Exhibit 3. Walmart's Notice of Deposition in TTAB Proceeding, #4 Exhibit 4. Deposition Abstract of G. Templeton Blackburn II, #5 Exhibit 5. Deposition Abstract of Mike Burgess) (Adams, W.) |
| Filing 220 Declaration regarding #219 Memorandum in Support, #218 MOTION to Compel Fact Depositions of Variety Witnesses [Declaration of Matthew S. DeAntonio] by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Anderson, Corby) |
| Filing 219 Memorandum in Support regarding #218 MOTION to Compel Fact Depositions of Variety Witnesses by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 218 MOTION to Compel Fact Depositions of Variety Witnesses filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
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Filing 217
**VACATED pursuant to DE #369 ** ORDER granting #214 Motion to Redact #212 Transcript. Signed by District Judge Terrence W. Boyle on 7/18/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motion Submitted to District Judge Terrence W. Boyle: #214 MOTION to Redact #212 Transcript (Unopposed). (Romine, L.) |
| NOTICE OF DEFICIENCY regarding: #216 Transcript Redaction Request. Redaction Request not in proper format. Please refile. (Thuemmel Proctor, S.) |
| Filing 216 Transcript Redaction Request (Selected Participants Only) regarding #212 Transcript,, by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) |
| Filing 215 Memorandum in Support regarding #214 MOTION to Redact #212 Transcript,, (Unopposed) filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 214 MOTION to Redact #212 Transcript,, (Unopposed) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 213 Notice of Intent to Request Redaction filed by W. Thad Adams, III regarding #212 Transcript,,. (Adams, W.) |
| Filing 212 OFFICIAL TRANSCRIPT OF STATUS HEARING held on June 14, 2016, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/18/2016. (Thuemmel Proctor, S.) |
| NOTICE of Filing of Official Transcript #212 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
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Filing 211
**VACATED pursuant to DE #369 ** ORDER granting #157 Motion for Hearing; denying #164 Motion for Certificate of Appealability; denying #171 Motion in Limine; denying #179 Motion in Limine; and granting #189 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 6/15/2016. Counsel is reminded to read the order in its entirety for critical deadlines and information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 210 Minute Entry for proceedings held in Elizabeth City, NC before District Judge Terrence W. Boyle: Status Conference held on 6/14/2016. All parties present and ready to proceed. Written order to follow. (Court Reporter Sandra Graham) (Romine, L.) |
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Filing 209
**VACATED pursuant to DE #369 ** ORDER regarding #208 Hearing. The Court hereby clarifies the scope of the 6/14/2016 hearing. Signed by District Judge Terrence W. Boyle on 6/6/2016. The parties are reminded to read the attached order in its entirety. (Downing, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 208 NOTICE of Hearing: Status Conference set for 6/14/2016 at 2:00 PM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Downing, L.) |
| Filing 207 STATUS REPORT (Joint) in Response to Court's Text Order of May 10, 2016 by Variety Stores, Inc. (Adams, W.) |
| Remark: #207 Status report referred to US Magistrate Judge Kimberly A. Swank for review. (Romine, L.) |
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**VACATED pursuant to DE #369 ** TEXT ORDER: On or before 5/23/2016, the parties shall file a joint notice informing the court whether they have resolved the issues raised in the parties' letters [DE #191 & #194] or whether they are requesting that the court set aside time for a telephone conference to address the issues. Signed by Magistrate Judge Kimberly A. Swank on 5/10/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motions Submitted to US District Judge Terrence W. Boyle: #157 MOTION for Hearing on Disgorgement of Profits, #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b), #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers, #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP, #189 MOTION to Seal Document #188 PROPOSED SEALED Reply, #194 MOTION to Seal Document #193 PROPOSED SEALED Document,and #205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit. (Romine, L.) |
| Filing 206 Memorandum in Support regarding #205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 204 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #203 Response. (Adams, W.) Modified on 8/22/2016 to delete word 'proposed." (Romine, L.). |
| Filing 203 RESPONSE regarding #202 Response, #201 Response (Walmart's Letters of April 13 and April 15, 2016 filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 202 RESPONSE by Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc. regarding #201 Response Amendment to Response (Chapman, Laura) |
| Filing 201 RESPONSE by Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc. regarding #192 Response, Variety's Letter to Magistrate Judge Swank dated April 11, 2016 (Anderson, Corby) |
| Filing 200 Notice of Appearance for non-district by Richard David Hosp on behalf of Wal-Mart Stores, Inc.. (Hosp, Richard) |
| Filing 199 Notice of Appearance for non-district by Elizabeth E. Brenckman on behalf of Wal-Mart Stores, Inc.. (Brenckman, Elizabeth) |
| Filing 198 Notice of Appearance for non-district by Sheryl K. Garko on behalf of Wal-Mart Stores, Inc.. (Garko, Sheryl) |
| Filing 197 Notice of Appearance for non-district by Mark S. Puzella on behalf of Wal-Mart Stores, Inc.. (Puzella, Mark) |
| Filing 196 REPLY to Response to Motion regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 195 Memorandum in Support regarding #194 MOTION to Seal Document #193 PROPOSED SEALED Document, Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 194 MOTION to Seal Document #193 PROPOSED SEALED Document, Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 193 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #192 Response,. (Attachments: #1 Exhibit 1. Walmart's Response of March 18, 2016) (Adams, W.) Modified on 8/22/2016 to delete the word 'proposed.' (Romine, L.). |
| Filing 192 RESPONSE by Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc. regarding #191 Notice - other, Walmart's Letter to Magistrate Judge Swank of April 7, 2016 (Attachments: #1 Exhibit 2. Letter from T. Adams of March 30, 2016) (Adams, W.) |
| Filing 191 Notice filed by Wal-Mart Stores, Inc. Letter to Magistrate Judge Swank requesting discovery teleconference. (Attachments: #1 Exhibit Tab A - Letter dated 4/7/16, #2 Exhibit Tab B - Letter dated 2/25/16, #3 Exhibit Tab C - Letter dated 2/29/16, #4 Exhibit Tab D - Letter dated 3/7/16, #5 Exhibit Tab E - Letter dated 3/11/16) (Anderson, Corby) |
| Filing 190 Memorandum in Support regarding #189 MOTION to Seal Document #188 PROPOSED SEALED Reply, to Variety's Motion in Limine to Exclude Walmart's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 189 MOTION to Seal Document #188 PROPOSED SEALED Reply, to Variety's Motion in Limine to Exclude Walmart's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 188 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.). |
| Filing 187 Declaration regarding #186 Response in Opposition to Motion, Declaration of Matthew DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit 1 3/16/16 Letter from W. Thad Adams to C. Anderson, #3 Exhibit 2 2/29/16 Letter from L. Chapman to W. Thad Adams, #4 Exhibit 3 3/2/16 Letter from W. Thad Adams to Laura Chapman, #5 Exhibit 4 3/10/16 Letter from L. Chapman to W. Thad Adams, #6 Exhibit 5 3/14/16 Letter from W. Thad Adams to L. Chapman) (Anderson, Corby) |
| Filing 186 RESPONSE in Opposition regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| REMINDER TO COUNSEL as to Variety Stores, Inc. and Wal-Mart Stores, Inc. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Romine, L.) |
| Filing 185 Declaration regarding #182 Memorandum in Opposition, Declaration of Kent Van Liere by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A Van Liere CV, #2 Exhibit B Listing of Documents Reviewed) (Anderson, Corby) |
| Filing 184 Declaration regarding #182 Memorandum in Opposition, Second Declaration of Hal Poret by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Appendix A CV of Hal Poret) (Anderson, Corby) |
| Filing 183 Declaration regarding #182 Memorandum in Opposition, Declaration of Matthew DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Anderson, Corby) |
| Filing 182 Memorandum in Opposition regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers, #172 PROPOSED SEALED Memorandum in Support,, filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
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Filing 181
**VACATED pursuant to DE #369 ** ORDER denying #96 Motion to Compel; granting in part, denying in part, and dismissing as moot in part #107 Motion to Compel; granting in part, denying in part, and dismissing as moot in part #109 Motion for Protective Order; granting in part, denying in part, and dismissing as moot in part #111 Motion for Protective Order; and granting in part, denying in part, and dismissing as moot in part #115 Motion to Compel. Signed by Magistrate Judge Kimberly A. Swank on 3/9/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 180 Memorandum in Support regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Walmart's Supplemental Initial Disclosures, #2 Exhibit 2. E-mail from T. Adams to L. Chapman (Feb. 5, 2016), #3 Exhibit 3. Walmart's Initial Disclosures, #4 Exhibit 4. Letter from T. Adams to L. Chapman (Feb. 25, 2016)) (Adams, W.) |
| Filing 179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 178 REPLY to Response to Motion regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Wilkins, William) |
| Filing 177 REPLY to Response to Motion regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Adams, W.) |
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Filing 176
**VACATED pursuant to DE #369 ** ORDER granting #174 Motion to Seal Document #172 PROPOSED SEALED Memorandum in Support. Signed by District Judge Terrence W. Boyle on 2/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motion Submitted to US District Judge Terrence W. Boyle: #174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support with Exhibits 1-3. (Romine, L.) |
| Filing 175 Memorandum in Support regarding #174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support,, with Exhibits 1-3 filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support,, with Exhibits 1-3 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 173 Declaration regarding #172 PROPOSED SEALED Memorandum in Support,, by Variety Stores, Inc. filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 4. Article by Kent Van Liere, #2 Exhibit 5. Article by Eugene Ericksen & Melissa Pittaoulis, #3 Exhibit 6. Presentation of Hal Poret) (Adams, W.) |
| Filing 172 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers. (Attachments: #1 Exhibit 1. E-mail from L. Chapman to T. Adams (Jan. 28, 2016), #2 Exhibit 2. Expert Report of Kent Van Liere, #3 Exhibit 3. Expert Report of Graham D. Rogers) (Adams, W.) Modified on 2/22/2016 to seal docket pursuant to #176 Order. (Romine, L.). |
| Filing 171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 170 OFFICIAL TRANSCRIPT OF TELEPHONIC DISCOVERY CONFERENCE PROCEEDINGS held on January 29, 2016, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 3/4/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016. (Thuemmel Proctor, S.) |
| Remark: #169 Status Report referred to US Magistrate Kimberly A. Swank for review. (Romine, L.) |
| NOTICE of Filing of Official Transcript #170 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| Filing 169 STATUS REPORT (Joint) pursuant to Discovery Hearing held on 1/29/16 by Wal-Mart Stores, Inc. (Anderson, Corby) |
| Filing 168 RESPONSE in Opposition regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 167 RESPONSE in Opposition regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 166 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Telephonic Discovery Hearing held on 1/29/2016. Counsel for each side participated. Court resumes the discussion of the pending matters from the discovery hearing held on 1/20/16. At the conclusion of this hearing: The COURT FINDS: Wal-Mart did not waive Attorney-Client Privilege by responses provided by Rule 30(b)(6) deponent. All matters raised in docket entries #96 , #107 , #111 have been resolved as a result of the court's rulings on 1/20/16 and 1/29/16. Motions #109 and #115 remain pending before the court. Parties shall submit a Joint Report informing the court of the status of these 2 motions by 2/8/16. (Court Reporter - FTR Gold) (Attachments: #1 Internal Court Notes) (Foell, S.) |
| Filing 165 Memorandum in Support regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit Ex. 1 - Unpublished Orders) (Wilkins, William) |
| Filing 164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Wilkins, William) |
| Filing 163 Notice of Appearance for non-district by William W. Wilkins on behalf of Wal-Mart Stores, Inc.. (Wilkins, William) |
| Filing 162 Notice of Appearance filed by Kirsten Elena Small on behalf of Wal-Mart Stores, Inc.. (Small, Kirsten) |
| Filing 161 OFFICIAL TRANSCRIPT OF DISCOVERY HEARING PROCEEDINGS held on January 20, 2016, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/19/2016. Redacted Transcript Deadline set for 2/29/2016. Release of Transcript Restriction set for 4/28/2016. (Thuemmel Proctor, S.) |
| NOTICE of Filing of Official Transcript #161 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| Filing 160 Sealed Notice to Parties for 1/29/16, Conference Call. (Available to: Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) (Foell, S.) |
| Filing 159 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Discovery Hearing held on 1/20/2016. Counsel for parties in attendance. Written order to follow hearing. Court sets matter for telephonic status conference on 1/29/2016 at 2:00 PM. (Court Reporter - FTR Gold) (Foell, S.) |
| Filing 158 Memorandum in Support regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Fifty Six Hope Road Music Ltd. v. AVELA Inc., 778 F.3d 1059 (2015), #2 Exhibit 2. Exclaim Marketing, LLC v. DirecTV, LLC, 2015 WL 5725692) (Adams, W.) |
| Filing 157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 156 STATUS REPORT (Joint) on Court-Ordered Discovery Meeting held on January 7, 2016 by Variety Stores, Inc. (Adams, W.) |
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Filing 155
**VACATED pursuant to DE #369 ** ORDER directing parties to confer. In the event the parties are not able to resolve all discovery disputes, the parties shall submit to the court, on or before 1/15/2016, a joint report of their meeting. Signed by Magistrate Judge Kimberly A. Swank on 1/5/2016. Counsel is reminded to read the order in its entirety for critical information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Filing 154 Notice filed by Variety Stores, Inc. regarding #107 MOTION to Compel Rule 30(b)(6) Deposition and withdrawal of topics 4 and 13. (Adams, W.) |
| Filing 153 Notice of Appearance filed by Christina Davidson Trimmer on behalf of Variety Stores, Inc.. (Trimmer, Christina) |
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Filing 152
**VACATED pursuant to DE #369 ** Order Setting Hearings - Discovery Hearing set for 1/20/2016 at 10:00 AM in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 12/9/2015. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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Filing 151
**VACATED pursuant to DE #369 ** ORDER regarding #149 . The seal on this document is LIFTED. Signed by District Judge Terrence W. Boyle on 12/9/2015. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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| Motions Referred to US Magistrate Judge Kimberly A. Swank : #107 MOTION to Compel Rule 30(b)(6) Deposition, #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures, #96 Third MOTION to Compel, #111 MOTION for Protective Order, #109 MOTION for Protective Order. (Romine, L.) |
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Filing 150
**VACATED pursuant to DE #369 ** ORDER referring #96 Motion to Compel; granting #104 Motion for Leave to File; referring #107 Motion to Compel; referring #109 Motion for Protective Order; referring #111 Motion for Protective Order; referring #115 Motion to Compel; granting #123 Motion for Leave to File; granting #125 Motion for Leave to File; granting #143 Motion for Extension of Time; and granting #146 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 12/7/2015. Counsel is reminded to read the order in its entirety for critical information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
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Filing 149
**VACATED pursuant to DE #369 ** ORDER granting #43 Motion for Summary Judgment (partial); granting #45 Motion to Seal Document; denying #49 Motion for Summary Judgment; granting #57 Motion to Seal Document; granting #91 Motion to Seal Document; granting #94 Motion to Seal Document; and granting #98 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 12/7/2015. (Romine, L.) Modified on 12/9/2015 to unseal pursuant to #151 Order (Romine, L.). Modified docket text on 5/17/2018 (Stouch, L.).
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| Motions Submitted to US District Judge Terrence W. Boyle: #146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] and #143 MOTION for Extension of Time to Serve Rebuttal Expert Report. (Romine, L.) |
| Filing 148 RESPONSE to Motion regarding #143 MOTION for Extension of Time to Serve Rebuttal Expert Report Wal-Mart Stores, Inc.'s Opposition To Motion For An Extension Of Time To Serve Rebuttal Expert Report filed by Wal-Mart Stores, Inc.. (Chapman, Laura) |
| DISREGARD: Docketed in wrong case. Remark: #15 CONSENT by Parties to Jurisdiction by US Magistrate Judge submitted to US District Judge Terrence W. Boyle for review. (Romine, L.) Modified on 11/23/2015 (Romine, L.). |
| Filing 147 Memorandum in Support regarding #146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 145 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #144 Memorandum in Support. (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #150 Order (Romine, L.). |
| Filing 144 Memorandum in Support regarding #143 MOTION for Extension of Time to Serve Rebuttal Expert Report filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 143 MOTION for Extension of Time to Serve Rebuttal Expert Report filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Remark: #142 Memorandum in Opposition regarding #141 Response submitted to US District Judge Terrence W. Boyle for review. (Romine, L.) |
| Filing 142 Memorandum in Opposition regarding #141 Response filed by Variety Stores, Inc.. (Adams, W.) |
| Remark: #141 Response submitted to US District Judge Terrence W. Boyle for review. (Romine, L.) |
| Filing 141 RESPONSE regarding #134 PROPOSED SEALED Document, Response By Defendant Wal-Mart Stores, Inc. To Plaintiff's Supplemental Memorandum filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A) (Chapman, Laura) |
| Filing 140 *CORRECTED* OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS (Corrected as to attorneys listed on cover page) held on October 26, 2015, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 11/29/2015. Redacted Transcript Deadline set for 12/9/2015. Release of Transcript Restriction set for 2/6/2016. (Thuemmel Proctor, S.) |
| NOTICE OF CORRECTION regarding: #139 Transcript. Transcript corrected as to attorneys listed on cover page. See next entry. (Thuemmel Proctor, S.) |
| NOTICE of Filing of Official Transcript #140 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| NOTICE of Filing of Official Transcript #139 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| Filing 139 OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on October 26, 2015, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 11/23/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/31/2016. (Thuemmel Proctor, S.) |
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Filing 138
ORDER granting #135 Motion to Seal Document #134 PROPOSED SEALED Document. Signed by District Judge Terrence W. Boyle on 10/30/2015. (Romine, L.)
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| Filing 137 Proposed Order regarding #135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.) |
| Motion Submitted to District Judge Terrence W. Boyle: #135 MOTION to Seal Document #134 PROPOSED SEALED Document: Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing. (Romine, L.) |
| Remark: #134 Proposed sealed document submitted to US District Judge for review. (Romine, L.) |
| Notice to Counsel regarding: #135 Motion to Seal Document. Counsel failed to attach a proposed order pursuant to Section M of the CM/ECF Policy Manual. Counsel is directed to file a proposed order using the event proposed order located in the Responses and Replies category. (Romine, L.) |
| Filing 136 Memorandum in Support regarding #135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 134 SEALED Document: (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit 1. Wal-Mart's Pre-Launch Survey) (Adams, W.) Modified on 10/30/2015: Sealed pursuant to #138 Order. (Romine, L.). |
| Filing 133 Minute Entry for proceedings held in Elizabeth City, NC before US District Judge Terrence W. Boyle: Motion Hearing held on 10/26/2015. All parties present and ready to proceed. Written order to follow. (Court Reporter Sandra Graham) (Romine, L.) |
| Reset Hearing: Motion Hearing set for 10/26/2015 at 10:30 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.) |
| Filing 132 Notice of Change of Address filed by Samuel A. Long, Jr filed by on behalf of Variety Stores, Inc.. (Long, Samuel) |
| Filing 131 Notice of Change of Address filed by W. Thad Adams, III filed by on behalf of Variety Stores, Inc.. (Adams, W.) |
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Filing 130
ORDER granting #129 Motion to Continue and Motion for Extension of time for the service of Expert Reports. Signed by District Judge Terrence W. Boyle on 10/6/2015. (Romine, L.)
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| Reset Hearing: Motion Hearing set for 10/26/2015 at 10:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.) |
| Filing 129 Consent MOTION to Continue Hearing Date and Joint Motion for Extension of Time to Serve Expert Reports filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby) |
| Motion Submitted to US District Judge Terrence W. Boyle: #129 Consent MOTION to Continue Hearing Date and Joint Motion for Extension of Time to Serve Expert Reports. (Romine, L.) |
| Filing 128 NOTICE of Hearing on Motions: Motion Hearing set for 10/16/2015 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Romine, L.) |
| Motion Submitted to US District Judge Terrence W. Boyle: #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107), #111 MOTION for Protective Order , #109 MOTION for Protective Order , #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures and #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109). (Romine, L.) |
| Filing 127 RESPONSE in Opposition regarding #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109), #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Wal-Mart Stores, Inc.. (Chapman, Laura) |
| Filing 126 Memorandum in Support regarding #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.) |
| Filing 125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 124 Memorandum in Support regarding #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.) |
| Filing 123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 122 Notice filed by Wal-Mart Stores, Inc. regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures (Notice Of Correction). (Attachments: #1 Exhibit 1) (Agness, Bridgette) |
| Motions Submitted to US District Judge Terrence W. Boyle: #43 Motion for Summary Judgment (partial); #45 Motion to Seal; #94 Motion to Seal; #49 Motion for Summary Judgment; #57 Motion to Seal; #91 Motion to Seal; #96 Third Motion to Compel; #98 Motion to Seal; #104 Motion for Leave to File Reply; #107 Motion to Compel Rule 36(b) Depositions. (Romine, L.) |
| Filing 121 RESPONSE in Opposition regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. Walmart's email of August 5, 2015.) (Adams, W.) |
| Filing 120 RESPONSE in Opposition regarding #109 MOTION for Protective Order filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Agness, Bridgette) |
| Filing 119 RESPONSE in Opposition regarding #111 MOTION for Protective Order filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 117 RESPONSE in Opposition regarding #107 MOTION to Compel Rule 30(b)(6) Deposition filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Agness, Bridgette) |
| Filing 116 Memorandum in Support regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Agness, Bridgette) |
| Filing 115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Wal-Mart Stores, Inc.. (Agness, Bridgette) |
| Filing 114 Notice of Substitution of Counsel filed by Jamin S. Soderstrom on behalf of Variety Stores, Inc. substituting for Samuel G. Brooks. (Soderstrom, Jamin) |
| Filing 113 Notice of Appearance for non-district by Jamin S. Soderstrom on behalf of Variety Stores, Inc.. (Soderstrom, Jamin) |
| Filing 112 Memorandum in Support regarding #111 MOTION for Protective Order filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Agness, Bridgette) |
| Filing 111 MOTION for Protective Order filed by Wal-Mart Stores, Inc.. (Agness, Bridgette) |
| Filing 110 Memorandum in Support regarding #109 MOTION for Protective Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. May 22, 2015 Email to Variety, #2 Exhibit B. June 12, 2015 Walmart Deposition Notice, #3 Exhibit C. June 23, 2015 Letter to Walmart, #4 Exhibit D. February 10, 2014 Notice of Deposition, #5 Exhibit E. Chart Comparing Deposition Topics) (Adams, W.) |
| Filing 109 MOTION for Protective Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 108 Memorandum in Support regarding #107 MOTION to Compel Rule 30(b)(6) Deposition filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. May 27, 2015 Notice of Deposition, #2 Exhibit B. June 16, 2015 Email to Walmart, #3 Exhibit C. June 18, 2015 Letter to Variety, #4 Exhibit D. June 22, 2015 Letter to Walmart, #5 Exhibit E. July 6, 2015 Letter to Walmar, #6 Exhibit F. July 7, 2015 Letter to Variety, #7 Exhibit G. July 10, 2015 Letter to Variety, #8 Exhibit H. July 20, 2015 Letter to Walmart, #9 Exhibit I. May 19, 2015 Hearing Transcript) (Adams, W.) |
| Filing 107 MOTION to Compel Rule 30(b)(6) Deposition filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 106 RESPONSE in Opposition regarding #104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Wal-Mart Stores, Inc.. (Chapman, Laura) |
| Filing 105 Memorandum in Support regarding #104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.) |
| Filing 104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 103 RESPONSE in Opposition regarding #96 Third MOTION to Compel filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 102 Declaration regarding #100 Reply to Response to Motion Declaration of George Mantis by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A List of Cases) (Anderson, Corby) |
| Filing 101 Declaration regarding #100 Reply to Response to Motion Declaration of Hal Poret by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 100 REPLY to Response to Motion regarding #49 MOTION for Summary Judgment filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 Trademark and Deceptive Advertising Surveys, #2 Exhibit 2 VW Webpage) (Anderson, Corby) |
| Filing 99 Memorandum in Support regarding #98 MOTION to Seal Document #97 PROPOSED SEALED Memorandum in Support, filed by Variety Stores, Inc.. (Shaw, Scott) |
| Filing 98 MOTION to Seal Document #97 PROPOSED SEALED Memorandum in Support, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Shaw, Scott) |
| Filing 97 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #96 Third MOTION to Compel . (Attachments: #1 Exhibit A - Walmart's Privilege Logs, #2 Exhibit B - Walmart's Objections to Variety's 30(b)(6) Notice of Deposition) (Shaw, Scott) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.). |
| Filing 96 Third MOTION to Compel filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Shaw, Scott) |
| Filing 95 Memorandum in Support regarding #94 MOTION to Seal Document #93 PROPOSED SEALED Reply, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 94 MOTION to Seal Document #93 PROPOSED SEALED Reply, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 93 SEALED REPLY (Selected Participants Only) by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.). |
| Filing 92 Memorandum in Support regarding #91 MOTION to Seal Document #90 PROPOSED SEALED Response,, in Opposition to Wal-Mart Stores, Inc.'s Motion for Summary Judgment filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 91 MOTION to Seal Document #90 PROPOSED SEALED Response,, in Opposition to Wal-Mart Stores, Inc.'s Motion for Summary Judgment filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 90 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #49 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1. Summation Table, #2 Exhibit 2. Brand Packaging Article, #3 Exhibit 3. Power of Packaging Article, #4 Exhibit 4. Discount Store - Wikipedia, #5 Exhibit 5. Rebuttal Expert Report - Hollander, #6 Exhibit 6. Rebuttal Expert Report - Klein, #7 Exhibit 7. Table of Trademark Reasonable Royalty Cases) (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.). |
| Filing 89 Notice of Appearance for non-district by Samuel G. Brooks on behalf of Variety Stores, Inc.. (Brooks, Samuel) |
| Filing 88 Notice of Appearance for non-district by Scott P. Shaw on behalf of Variety Stores, Inc.. (Shaw, Scott) |
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Filing 87
ORDER granting #73 Motion to Withdraw as Attorney. Attorney Jacob S. Wharton, David R. Boaz and John F. Morrow, Jr terminated. Signed by District Judge Terrence W. Boyle on 6/8/2015. (Marsh, K)
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Filing 86
ORDER granting #63 Motion to Seal No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment. Signed by District Judge Terrence W. Boyle on 6/8/2015. (Marsh, K)
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| Motion submitted to US District Judge Terrence W. Boyle regarding #73 MOTION to Withdraw as Attorney for John F. Morrow, Jr., Jacob S. Wharton, David R. Boaz, and Womble Carlyle Sandridge & Rice, LLP. (Downing, L.) |
| Filing 85 NOTICE of Appearance for non-district by Bridgette A. Agness on behalf of Wal-Mart Stores, Inc. (Agness, Bridgette) |
| Filing 84 NOTICE of Appearance by Laura L. Chapman on behalf of Wal-Mart Stores, Inc. (Chapman, Laura) |
| Filing 83 NOTICE by Wal-Mart Stores, Inc. regarding #74 PROPOSED SEALED Response, Index to Unpublished Decisions (Attachments: #1 Unpublished Decision # 1, #2 Unpublished Decision # 2, #3 Unpublished Decision # 3, #4 Unpublished Decision # 4, #5 Unpublished Decision # 5, #6 Unpublished Decision # 6, #7 Unpublished Decision # 7, #8 Unpublished Decision # 8) (Anderson, Corby) |
| Filing 82 REDACTION to #74 PROPOSED SEALED Response, Redacted Opposition to Variety Stores, Inc.'s Motion for Partial Summary Judgment by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 81 NOTICE by Wal-Mart Stores, Inc. regarding #74 PROPOSED SEALED Response, Notice of Filing Under Seal (Anderson, Corby) |
| Filing 80 Declaration regarding #74 PROPOSED SEALED Response, Supplemental Declaration of Karen Dineen by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Anderson, Corby) |
| Filing 79 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 3) (Anderson, Corby) |
| Filing 78 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 2) (Anderson, Corby) |
| Filing 77 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 1) (Anderson, Corby) |
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Filing 76
ORDER granting #71 Motion for Extension of Time to File Response to Motions for Summary Judgment #43 and #49 . MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment Wal-Mart's time to respond is extended to 6/8/2015 and Variety's time to respond is extended to 6/11/2015. Signed by Magistrate Judge Kimberly A. Swank on 5/28/2015. (Foell, S.)
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| Filing 75 Declaration regarding #74 PROPOSED SEALED Response, Declaration of Matthew S. DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A Expert Report of George Mantis) (Anderson, Corby) |
| Filing 74 PROPOSED SEALED RESPONSE (Selected Participants Only)by Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Anderson, Corby) |
| MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #71 Consent MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment. (Marsh, K) |
| Filing 73 MOTION to Withdraw as Attorney for John F. Morrow, Jr., Jacob S. Wharton, David R. Boaz, and Womble Carlyle Sandridge & Rice, LLP by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Boaz, David) |
| Filing 72 OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on May 19, 2015, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Thuemmel Proctor, S.) |
| NOTICE of Filing of Official Transcript #72 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.) |
| Filing 71 Consent MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 70 NOTICE of Appearance by Matthew S. DeAntonio on behalf of Wal-Mart Stores, Inc. (DeAntonio, Matthew) |
| Filing 69 NOTICE of Appearance by Corby C. Anderson on behalf of Wal-Mart Stores, Inc. (Anderson, Corby) |
| MOTION NO LONGER REFERRED to Julie Richards Johnston, Clerk of Court: #71 Consent Motion for Extension of Time to File Responses as to Motions for Summary Judgment. (Fisher, M.) |
| MOTION REFERRED to Julie Richards Johnston, Clerk of Court: #71 Consent Motion for Extension of Time to File Responses to Motions for Summary Judgment. (Fisher, M.) |
| Filing 68 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Motion Hearing held on 5/19/2015 regarding Motions #24 , #28 , #34 . Each party represented by counsel. Court hears arguments on motions. Oral ruling entered with written order to follow. (Court Reporter - FTR Gold) (Foell, S.) |
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Filing 67
ORDER GRANTING #37 Plaintiff's Motion for Leave to File Reply: The plaintiff's proposed reply shall be entered into the record. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. (Fisher, M.)
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Filing 66
ORDER GRANTING #26 Plaintiff's Motion to Seal their #25 Memorandum in Support of the Motion to Compel. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. (Fisher, M.)
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Filing 65
ORDER DENYING #24 Plaintiff's Motion to Compel Production of Documents, DISMISSING AS MOOT #28 Plaintiff's Second Motion to Compel Production of Documents, and GRANTING #34 Plaintiff's Motion for Extension of Time to Complete Discovery and Amend the Scheduling Order. Discovery shall be completed by 8/4/2015 and all potentially dispositive motions shall be filed by 11/16/2015. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. Please read the order in its entirety for critical information and deadlines. (Fisher, M.)
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| Filing 64 Memorandum in Support regarding #63 Consent MOTION to Seal Document No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 63 Consent MOTION to Seal Document No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| MOTIONS SUBMITTED to US District Judge Terrence W. Boyle: #45 Plaintiff's Motion for Leave to File Memorandum in Support Under Seal, #57 Defendant's Motoin for Leave to File Under Seal, and #63 Plaintiff's Motion to File Affidavit Under Seal. (Fisher, M.) |
| Filing 62 Declaration regarding #50 PROPOSED SEALED Memorandum in Support, (Karen Dineen) by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 61 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Jan Morton) by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 60 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Robert Puglisi) by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A -- Third-Party Usage) (Morrow, John) |
| Filing 59 NOTICE by Wal-Mart Stores, Inc. regarding #50 PROPOSED SEALED Memorandum in Support, #55 PROPOSED SEALED Exhibit, #52 PROPOSED SEALED Exhibit, #53 PROPOSED SEALED Exhibit, #56 PROPOSED SEALED Exhibit (Morrow, John) |
| Filing 58 Memorandum in Support regarding #57 MOTION to Seal Document #54 PROPOSED SEALED Exhibit D filed by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 57 MOTION to Seal Document #54 PROPOSED SEALED Exhibit D by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Morrow, John) |
| Filing 56 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) |
| Filing 55 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) |
| Filing 54 SEALED Exhibit (Selected Participants Only)by (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.). |
| Filing 53 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) |
| Filing 52 PROPOSED SEALED Exhibit (Selected Participants Only)by (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) |
| Filing 51 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Karen Angell) by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Variety Circulars, #2 Exhibit F -- List of Products, #3 Exhibit G - SEALED Variety's Interrogatory Responses, #4 Exhibit H - Google Search Results, #5 Exhibit I -- Variety's Initial Disclosures, #6 Exhibit J -- Variety's Responses to Requests for Admission, #7 Exhibit K (part1)-- Expert Report Hal Poret, #8 Exhibit K (part 2) -- Expert Report of Hal Poret, #9 Exhibit M -- Wal-mart Advertisements, #10 Exhibit N -- Definition of "backyard", #11 Exhibit O -- Definition of "BBQ", #12 Exhibit P -- Definition of "barbeque") (Morrow, John) Modified on 5/18/2015 pursuant to request from the parties. (Fisher, M.) Modified on 6/8/2015 to unseal document and seal ONLY exhibit G pursuant to order entered 6/8/2015 (Marsh, K) |
| Filing 50 PROPOSED SEALED Memorandum in Support (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #49 MOTION for Summary Judgment . (Morrow, John) |
| Filing 49 MOTION for Summary Judgment by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 48 NOTICE by Wal-Mart Stores, Inc. regarding #47 Notice of Appearance for Non-District Counsel (NOTICE OF WITHDRAWAL) (Morrow, John) |
| Filing 47 NOTICE of Appearance for non-district by John F. Morrow, Jr on behalf of Wal-Mart Stores, Inc. (Morrow, John) |
| Filing 46 Memorandum in Support regarding #45 MOTION to Seal Document #44 PROPOSED SEALED Memorandum in Support,,,, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 45 MOTION to Seal Document #44 PROPOSED SEALED Memorandum in Support,,,, by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order for Motion to Seal Doc. 44.) (Adams, W.) |
| Filing 44 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Attachments: #1 Index Exhibit List, #2 Exhibit 1. Variety's Trademark Registration, #3 Exhibit 2. Wal-Mart's Financials, #4 Exhibit 3. Deposition of George Templeton Blackburn, II, #5 Exhibit 4. Deposition of Vivian Adcock, #6 Exhibit 5. Declaration of Dean Floyd, #7 Exhibit 6. Deposition of Michael Burgess, #8 Exhibit 7. Examples of Variety's Use of the BACKYARD trademark, #9 Exhibit 8. Variety's Responses to Wal-Mart's Interrogatories in the Trademark Trial and Appeal Board action, #10 Exhibit 9. Declaration of George Templeton Blackburn, II, #11 Exhibit 10. Deposition of Karen Dineen, #12 Exhibit 11. Wal-Mart email discussing private label name, #13 Exhibit 12. Wal-Mart email with final decision on BACKYARD BBQ, #14 Exhibit 13. Wal-Mart's Privilege Log, #15 Exhibit 14. Wal-Mart's Review of Other Stores) (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.) |
| Filing 43 MOTION for Summary Judgment (Partial) by Variety Stores, Inc.. (Adams, W.) |
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Filing 42
ORDER Setting Hearing on Motion #24 MOTION to Compel Production of Documents, #28 Second MOTION to Compel Production of Documents; #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order: Motions Hearing set for 5/19/2015 at 11:00 a.m. in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 4/27/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
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| Filing 41 REPLY to Response to Motion regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Walmart's email of March 31, 2015.) (Adams, W.) |
| MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support, #28 Second MOTION to Compel Production of Documents, #24 MOTION to Compel Production of Documents. (Marsh, K) |
| MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1, #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order. (Marsh, K) |
| Filing 40 RESPONSE in Opposition regarding #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 filed by Wal-Mart Stores, Inc.. (Boaz, David) |
| Filing 39 RESPONSE in Opposition regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - March 12, 2015 Email, #2 Exhibit B - 2014 Production Letters, #3 Exhibit C - January 13, 2015 Letter, #4 Exhibit D - February 18, 2015 Email, #5 Exhibit E - March 31, 2015 Email) (Boaz, David) |
| REMINDER TO COUNSEL as to Variety Stores, Inc. regarding DE #25 . Pursuant to Judge Boyle's Practice and Procedures located on the court's website, http://www.nced.uscourts.gov/html/chambersTWB.htm, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Downing, L.) |
| Filing 38 Memorandum in Support regarding #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of Cecilia Sidebottom, #2 Exhibit 2. Proposed Reply) (Adams, W.) |
| Filing 37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 36 NOTICE of Appearance by Samuel A. Long, Jr on behalf of Variety Stores, Inc. (Long, Samuel) |
| Filing 35 Memorandum in Support regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Variety's Document Requests, #2 Exhibit 2. Variety's Notice of 30(b)(6) Deposition, #3 Exhibit 3. Variety's email of 3-12-2015 requesting supplementation) (Adams, W.) |
| Filing 34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 33 AFFIDAVIT regarding #31 Response in Opposition to Motion, (Motions to Compel) by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 32 AFFIDAVIT regarding #31 Response in Opposition to Motion, (Motions to Compel) by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit A: Document Requests from Opposition Proceeding, #3 Exhibit B: November 25, 2014 Letter, #4 Exhibit C: December 4, 2014 Emails, #5 Exhibit D: December 10, 2015 Email, #6 Exhibit E: January 7, 2015 Email, #7 Exhibit F: January 20, 2015 Email, #8 Exhibit G: January 21, 2015 Email, #9 Exhibit H: January 26-27 Letters, #10 Exhibit I: February 2, 2015 Letter from Variety, #11 Exhibit J: February 2, 2015 Letter from Walmart, #12 Exhibit K: March 5, 2015 2:16 PM Email to Variety, #13 Exhibit L: March 6, 2015 Email from Alex Long, #14 Exhibit M: March 9, 2015 Email, #15 Exhibit N: March 10, 2015 email from Morrow to Long, #16 Exhibit O: March 12 and 17, 2015 Emails, #17 Exhibit P: Wal-Mart's Chart Showing Extensive Production of Documents) (Morrow, John) |
| Filing 31 RESPONSE in Opposition regarding #24 MOTION to Compel Production of Documents, #28 Second MOTION to Compel Production of Documents filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1: Variety's Responses to First Set of Interrogatories, #2 Exhibit 2: Request for Production in Opposition Proceeding, #3 Exhibit 3: Excerpts of Blackburn Deposition, #4 Exhibit 4: Variety's Response to Request for Admission) (Morrow, John) |
| Filing 30 RESPONSE to Motion regarding #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Opposition Proceeding Protective Order) (Boaz, David) |
| Filing 29 Memorandum in Support regarding #28 Second MOTION to Compel Production of Documents filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 28 Second MOTION to Compel Production of Documents by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 27 Memorandum in Support regarding #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 25 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #24 MOTION to Compel Production of Documents. (Attachments: #1 Exhibit 1. Karen Dineen Deposition Transcript, #2 Exhibit 2. Walmart's 2011 Sales Data, #3 Exhibit 3. Variety's Motion to Suspend TTAB Action, #4 Exhibit 4. Walmart's Unopposed Response to TTAB Motion, #5 Exhibit 5. TTAB Order granting Motion to Suspend, #6 Exhibit 6. Variety's Document Requests, #7 Exhibit 7. Walmart's Responses to Document Requests, #8 Exhibit 8. Correspondence from Variety to Walmart of 11-5-2014, #9 Exhibit 9. Correspondence from Walmart to Variety of 11-20-2014, #10 Exhibit 10. Correspondence from Variety to Walmart of 11-25-2014, #11 Exhibit 11. Email of 12-2-2014 requesting Meet and Confer, #12 Exhibit 12. Email of 1-20-2015 requesting documents, #13 Exhibit 13. Email of 1-21-2015 from Walmart, #14 Exhibit 14. Correspondence from Variety to Walmart of 2-2-2015, #15 Exhibit 15. Correspondence from Walmart to Variety of 2-2-2015, #16 Exhibit 16. Walmart's Home Brand Lexicon) (Adams, W.) Modified on 5/19/2015 to permanently seal document. (Fisher, M.) |
| Filing 24 MOTION to Compel Production of Documents by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
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Filing 23
ORDER Appointing Mediator J Dickson Phillips, III. Signed by Julie A. Richards, Clerk of Court on 10/22/14. (Horton, B.)
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| Filing 22 SELECTION OF J. Dickson Phillips III as mediator. (Adams, W.) |
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Filing 21
ORDER GRANTING #19 Joint Motion for Extension of Time to select a mediator. The partise have up to and including 9/8/2014 for filing their selection. Signed by US Magistrate Judge Kimberly A. Swank on 8/25/2014. (Fisher, M.)
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| Filing 20 Memorandum in Support regarding #19 Joint MOTION for Extension of Time To File Statement Identifying Selected Mediator filed by Variety Stores, Inc.. (Adams, W.) |
| Filing 19 Joint MOTION for Extension of Time To File Statement Identifying Selected Mediator by Variety Stores, Inc.. (Adams, W.) |
| MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #19 Joint Motion for Extension of Time To File Statement Identifying Selected Mediator. (Fisher, M.) |
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Filing 18
ORDER GRANTING #16 Joint Motion for Protective Order. Signed by US District Judge Terrence W. Boyle on 8/4/2014. (Fisher, M.)
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Filing 17
SCHEDULING ORDER: Discovery due by 8/4/2015. Motions due by 9/3/2015. Signed by US Magistrate Judge Kimberly A. Swank on 8/4/2014. (Fisher, M.)
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| Filing 16 Joint MOTION for Protective Order by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) |
| Filing 15 Rule 26(f) Report (joint) by Variety Stores, Inc.. (Adams, W.) |
| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #16 Joint Motion for Protective Order . (Fisher, M.) |
| Remark: #15 Joint Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for a Scheduling Order. (Fisher, M.) |
| Filing 14 Plaintiff"s ANSWER to #12 Answer to Complaint, Counterclaim by Variety Stores, Inc.. (Adams, W.) |
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Filing 13
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court, on 6/19/2014. (Fisher, M.)
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| Filing 12 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Variety Stores, Inc. by Wal-Mart Stores, Inc.. (Morrow, John) |
| Filing 11 NOTICE of Appearance by David R. Boaz on behalf of Wal-Mart Stores, Inc. (Boaz, David) |
| Filing 10 NOTICE of Appearance by Jacob S. Wharton on behalf of Wal-Mart Stores, Inc. (Wharton, Jacob) |
| TEXT ORDER granting defendant's #8 motion for extension of time. Defendant Wal-Mart Stores, Inc. has through and including May 28, 2014 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 5/2/2014. (Skinner, J.) |
| Filing 9 NOTICE of Appearance by John F. Morrow, Jr on behalf of Wal-Mart Stores, Inc. (Morrow, John) |
| Filing 8 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint, by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A: Proposed Order) (Boaz, David) |
| MOTION REFERRED to Julie A. Richards, Clerk of Court: #8 Consent Motion for Extension of Time to File Answer. (Fisher, M.) |
| Filing 7 ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint, Acknowledgement filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. Executed Summons and FedEx Delivery Receipt date 4-16-2014.) (Adams, W.) |
| Filing 6 SUMMONS ISSUED as to the defendant. Counsel is directed to print summons and effect service. (Fisher, M.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Filing 5 AMENDED DOCUMENT by Variety Stores, Inc.. Amendment to #1 Complaint, Civil Cover Sheet [Dkt. 1-3]. (Adams, W.) |
| Filing 4 TRADEMARK REPORT: Copy of report and complaint forwarded to the Director of the U.S. Patent and Trademark Office in Alexandria, Virginia via first class mail. (Moore, L.) |
| Filing 3 NOTICE of Appearance by W. Thad Adams, III on behalf of Variety Stores, Inc. (Adams, W.) |
| Filing 2 FINANCIAL DISCLOSURE STATEMENT by Variety Stores, Inc. identifying Corporate Parent Variety Wholesalers, Inc. for Variety Stores, Inc.. (Adams, W.) |
| Filing 1 COMPLAINT against Wal-Mart Stores, Inc. (Filing fee $ 400, receipt number 0417-2855174), filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Variety's Trademark Registration No. 1,847,503 for THE BACKYARD mark., #2 Exhibit 2. Wal-Mart's Trademark Application No. 85/400,391., #3 Civil Cover Sheet, #4 Proposed Summons) (Adams, W.) |
| NOTICE OF DEFICIENCY regarding: #1 Civil Cover Sheet. Pursuant to Section B(3) of the CM/ECF Policy Manual available on the court's website, when using fillable PDF forms, the Court requires that these forms be "flattened." Counsel is directed to flatten the PDF and refile using the event Notice(Other). (Moore, L.) |
| NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Moore, L.) |
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