Kettler International, Inc. v. Starbucks Corporation

Plaintiff: Kettler International, Inc.
Defendant: Starbucks Corporation
Case Number: 2:2014cv00189
Filed: May 5, 2014
Court: Virginia Eastern District Court
Office: Norfolk Office
County: Virginia Beach City
Referring Judge: Lawrence R. Leonard
Presiding Judge: Henry C. Morgan
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
April 7, 2015 145 Opinion or Order of the Court OPINION & ORDER entered and filed 4/7/15: This matter is before the Court pursuant to Plaintiff Kettler International, Inc.'s ("Plaintiff or "Kettler") Motion for Sanctions ("Motion"). Doc. 35. At a hearing held on Janu ary 20, 2015, the Court ruled from the bench and granted the Motion in part, finding that Defendant Starbucks Corporation's ("Defendant" or "Starbucks") conduct constituted spoliation, but withheld the imposition of sanctions pending further briefing. Doc. 62. For the reasons set forth herein, the relief sought in the Motion is GRANTED IN PART and DENIED IN PART. For the reasons set forth herein, Starbucks' conduct merits limitation of the damages it can recover to that arising from the 200 remaining sample chairs and the "Robert's Chair." Because this ruling severely limits the damages available to Starbucks if it prevails upon the merits of its claims, the Court exercises its discretion to DE NY Kettler's prayer for attorney fees and costs incurred in the prosecution of its spoliation motion. (See Opinion and Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 4/7/15). Copies provided as directed 4/7/15. (ecav, )
April 14, 2015 163 Opinion or Order of the Court OPINION AND ORDER entered 4/13/15 and filed 4/14/15, DENYING Defendant Starbucks Corporation's 149 Motion to Certify Order for Immediate Appeal and For Stay Pending Appeal. On April 9, 2015, the Court heard oral arguments on the Motion at the Final Pretrial Conference. Ruling from the bench, the Court DENIED the Motion. The Court now issues this Opinion and Order explaining its reasoning. (See Opinion and Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 4/13/15). Copies provided as directed 4/14/15. (ecav, )
January 7, 2015 56 Opinion or Order of the Court OPINION AND ORDER entered 1/5/15 and filed 1/7/15 as to Plaintiff's 45 MOTION to Seal by Kettler International, Inc. As outlined in this Opinion and Order and for the reason set for in Kettler's filings, the Court FINDS that less drastic alternatives to seal the documents identified in the Motion to Seal are not feasible. The Court ORDERS that the un-redacted Reply Memorandum and accompanying Exhibit A in Support of its Motion for Sanctions of Limiting Starbucks' Claims to th e Chairs that have not been Destroyed, shall be maintained under seal by the Clerk, until further order of the Court. The Court takes no position on the merits of the Motion for Sanctions at this time. (See Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 1/5/15). Copies provided 1/7/15.(ecav, )
January 6, 2015 57 Opinion or Order of the Court OPINION AND ORDER entered and filed 1/6/15 as to Plaintiff's 54 MOTION for Leave to File Supplemental Authority by Kettler International, Inc. As outlined in this Opinion and Order, the Motion for Leave to File is GRANTED. If Starbucks is so advised, it may file a written submission in response. Any such submission may not exceed three (3) pages, and shall be filed within five (5) days from the entry of this Order. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 1/6/15). Copies provided 1/7/15.(ecav, )
January 28, 2015 62 Opinion or Order of the Court OPINION AND ORDER granting in part 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed. The Court withheld the imposition of sanctions pending further briefing. Once Plaintiff has fil ed its supplemental submission on sanctions, Defendant shall have eleven (11) days to file its opposition, and Plaintiff will have three (3) days thereafter to file a reply brief. A copy of this order was forwarded to all counsel of record on 1/29/15. Signed by District Judge Henry C. Morgan, Jr and field on 1/28/15. (tbro)

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Plaintiff: Kettler International, Inc.
Represented By: David Michael Gettings
Represented By: John C. Lynch
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Defendant: Starbucks Corporation
Represented By: Christopher E. Hassell
Represented By: Craig Lawrence Sarner
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